HomeMy WebLinkAboutCT 83-21A; TREETOPS UNLIMITED; Tentative Map (CT)I.,
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LAND USE PLANNING AJPLICATIDN
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DISCRETIONARY ACTIONS
REQUEST
E] zone Change OSpecific Plan
G General Plan Amendment OSite Development Plan
Tentative Tract Map [Conditional Use Permit
4Z1 Major Planned Unit Development —Variance -
Master Plank oPlanning Commission Determination
Major Redevelopment Permit DSpecial Use Permit
D Minor Redevelopment Permit []Structure Relocation
0 Precise Development Plan [Major Condominium Permit
(check other boxes if appropriate)
Complete Description of Project (attach additional sheets if necessary)
SEE ATTACHMENT NO#1
Legal Description (complete)
Portion of Lots"W"and "J" of Rancho Agua Hedlonda in the City of
Carlsbad, County of San Diego, State of California, according to
Assessors Parcel Number
Map No. 823 _______________________ 167-100-10,42,43 / 168-040-12&13
Zone General Plan Existing Land Use
P. C. RDM VACANT
Proposed Zone Proposed General Plan Site Acreage
P.C. RDM 36 Acres
Owner Applicant
Name (Print or Type) Name (Print or Type)
Treetops Unlimited Treetops Unlimited
Mailing Address Mailing Address
3900 Harney Street 3900 Harney Street
City and State Zip Telephone City and State Zip Telephon€.
(619) (619)
San Diego, CA, 92110 299-5100 San Diego, CA 92110 299-5100
I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM TIlE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT ¶10 THE BEST OF MY KNCqLEDGE • AND CORRECT ¶10 THE BEST OF MY KNCXLEDGE.
SIG 4p DATE
&J6/
Ana WN
0
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Iteis F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + 5.00 acre
Minor $185.00 + 2.00 acre
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
- fifteen (15) copies of item A
- items B-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items: -
- fifteen (15) copies of items B-D
- items E-O
3. Conversion to Condominiums - list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
0
ATTACHMENT NO#1
Q1ave,ra Hills Village O&P-1, Unit #4
DESCRIPTION OF PROJECT:
This application is a request for approval of a revised
tentative map and major planned development for Unit #4
of Village O&P-1 in Calavera Hills.
This project proposes to construct 130 single-family units
(duplexes) on a 36.5 acre site. The previous tentative
map for this project Carlsbad Tract 83-21 and P.U.D. No. 57,
approved 184 condominimum units in this same project area.
The revised project proposes a nearly 30% reduction in the
density of Unit #4 and an overall density reduction of 13%
for all of Village O&P-l.
. .
Residential Condominiums
$530.00 (50 units or less)
$1,090.00 (50,-units or more)
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for Condominium
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$875.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Form
2. General Requirement Items
- fifteen (15) copies of items B-D
- items B-I, M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Engineering
Department for Special Use Permits
Variance
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of item B and D (if
applicable)
- items E,F,H-K,M,O
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other =.$420.00
S .
Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- fifteen (15) copies of items B-D (if applicable)
- items F-I, M, 0
4. General Requirement Items for Density Determination:
- fifteen (15) copies items B-D
- items B-I, M-O
5. Fee: $330.00
Ma-br and Minor Redevelopment Permits
1. Application Form
2. General Requirement Items:
- Malor : - fifteen (15) copies of Item B-D
- items E-M and material samples (if applicable)
- Minor:
- fifteen (15) copies of items B-D (if applicable)
- items B-F, H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary).
Structure Relocation
1. Application Form
2. General Requirement Items
- fifteen (15) copies of
- items B, F, H, I, M
- inspection notice from
3. Fee: $120.00
B and D
the Building Department
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary grading plan (24" x 36")
Each tentative map/preliminary grading plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
- distances between buildings and/or structures
- building setbacks (front, rear and sides)
- location, height, and materials of walls and fences
- location of freestanding signs
- all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
the limits of subject site.
- existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the Street properties.
- typical Street section
- any existing median islands within 100 feet of
subject site.
- nearest cross streets on both sides with plus or
minus distances from subject site.
- location of all buildings within 100 feet of subject
properties.
- a vicinity map showing major cross streets
- a summary table indicating the following
information:
- site acreage
- existing zone and land use
- proposed land use
- total building coverage
- building sq. footage
- percent landscaping
- number of parking spaces
- sq. footage of open/recreational
space (if applicable)
- cubic footage of storage space
(if applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR P TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36")
shall include the following information:
1. Landscape zones per the City of Carlsbad
Landscape Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplemental) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) .f or all areas.
5. Percent of site used for landscaping
D. Buildinci Elevations and Floor Plans* (24"x36"
- floor plans with square footages included
- location and size of storage areas
- all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2" x 11".
. S
(5) Date of preparation;
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at 1' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed)
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15) Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, conunercial,.industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) Typical Street section for all adjacent streets
and streets within the project.
B. Site Plan: Shall include the following information:
- Name and address of applicant, engineer and/or
- architect, etc.
- All easements
- Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
. 0
E. One (1) copy each of 8 1/2"xll" site plan and elevations.
F. One (1) copy of 8 1/2"xll" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special tJse Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate-sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 300-foot radius of
subject property. For any address other than single family
residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For CondominiumConversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
K. 300 Foot Radius Map
(Not needed for Site Development Plan, Planning Commission
Determination and Special Use Permit). A map to scale not
less than lit = 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the
property owner's list. The scale of the map may be reduced
to a scale acceptable to the Land Use Planning Manager if
the required scale is impractical.
L. For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan *
P. Statement of agreement to waive tentative tract map time
limits.
*NOTE: It is the Applicant's responsibility to bring one copy of
a colored site plan and one copy of 'a colored elevation
to the Land Use Planning Office by Noon the day of the
Planning Commission meeting.
I
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partneror member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
'4
after the information you have submitted has been reviewed, it is determined.
!that further information required, you will be so ad ed.
APPLICANT: Treetops Unlimited, a Joint Venture
Name (individual, partnership, joint venture, corporation, syndication)
3900 HarrieySt±'eet San Diego, CA 92110
Business Address
(619) 299-5100
Telephone Number'
AGENT: Mr. Jay Summers
Name
3900 Harney Street San Diego, CA 921-10 - -
Business Address . .
(619)-.299-5100
Telephone Number . ... . -
California -
Pacific Scene Inc. ..a Cqrporation
Name (individual, partner, joint Home Address
venture, corporation,. syndication) ..
3900 Harney Street San Diego, CA 92110
Business Address
(619) 299-5100
Telephone Number Telephone Number
Financial Scene Incorporated
a California Corporation Home Address
3900 Harney Street San Diego,CA 92110
Business Address
(619) 299-5100 .
Telephone Number . Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended.
Treetops Unlimited
Applicant
Ag4ot, 0:ner, Partner
I
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Jay Summers OCCt VICE PRESIDENT
Name (Print ationship to Applicatic
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
•JPPLELMENrAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre) 36 Acres
2) Zone P. C.
3) General Plan Land Use Designation RDN
4) By law a Variance may be approved only if certain facts are found to exist.
Please read these requirements carefully and explain how the proposed.
project nets each of these facts. Use additional sheets if necessary.
a) Explain why theze are exceptional or extraordinary circumstances or
ca'iditicxis applicable to the property or to the intended use that do not
apply 'generally to the other property or class of use in the same vicinity
and zaie:
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
the same vicinity and zone but inich is denied to the property in question:
SEE ATTACHMENT #2
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
iiriproveieats in such vicinity and zone in which the property is located
SEE ATTACHMENT #2
d) Explain why the granting of such variance will not adversely affect the
ccrehensive general plan:
. .
ATTACHMENT #2
Calavera Hills Village 0&P-1, Unit #4
Sulementa1 Information Form
Variance:
Variance from City of Carlsbad Standards for public streets
is requested in two (2) areas:
1. A request to reduce the intersection spacing along
Tamarack Avenue between "A" Street and "C" Street
from 300 feet to 280 feet.
2. A request to reduce the intersection spacing along
"C" Street between Tamarack Avenue and "D" Street
from 300 feet to 290 feet.
Question #4:
a. The existing street configuration of Milford Place,
Tamarack Avenue and Harwich Drive is such that the
"island" of Unit #4 east of Tamarack Avenue can only
have one single point of access from Tamarack Avenue.
The proposed intersection locations optimize both
safety consideration and the feasability of developing
this "island".
b. The variances requested are necessary to permit an
alignment of streets that allows for reasonable de-
velopment of the property.
C. If these variances are granted, the public welfare
will not be harmed sibce there will be adequate sight-
distance provided at these intersections to assure a
safe traffic condition.
d. The granting of these variances will allow the reason-
able development of this property within the guidelines
of the General Plan and will.-therefore not adversely
affect that General Plan.
0 6
MCDONALD, HECHT & SOLBERG
ALEX C. MCDONALD' A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
A. JOHN HECHT ATTORNEYS AT LAW
DARRYLO.SOLBERG IIOO FINANCIAL SOUARE JEROLD H. GoLDBERG'
PAUL E. ROBINSON' 600 6' STREET
THOMAS C. NELSON SAN DIEGO, CALIFORNIA 92101
ROBERTA S. ROBINSON
DAVID W BAGLEY, II
CHARLES R. GILL
DENOTES A PROFESSIONAL CORPORATION
TELEPHONE
AREA CODE 69
239-3444
1LI
IJUAPR 81981
PACIFIC SCEN: SAN DIEGO,
April 6, 1987
Ms. Linda Sanders
Sundance Financial, Inc.
3900 Harney Street
San Diego, California 92110
Re: The Knolls of Calavera Hills / Phase 5
Dear Linda:
Enclosed is a copy of the recorded Grant Deed conveying Lot
H-2 to The Knolls of Calavera Hills Homeowners Association, the
original of which was filed with the San Diego County Recorder on
February 27, 1987 as File/Page No. 87-104106.
Very truly yours,
McDONALD, HECHT & SOLBERG
Alex C. McDonald
ACM/din
Enclosure
I . 87-:10,11 ,16
CFF!C'. RECO-D
Cf ut.;ryc. 939 -. -.
VEft\ L. LY
Recording Requested By
AC?1N mu W.
When Recorded Return To:
McDONALD, HECHT & SOLBERG
Mr. Alex C. McDonald
1100 Financial Square
600 "B" Street
San Diego, California 92101
i Mail Tax Statements To:
The Knolls of Calavera Hills
Homeowners Association
c/o George Haviar
Pacific Scene, Inc.
3900 Harney Street
San Diego, California 92110
r-r- -
1.
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T.'
GRANT DEED
The undersigned grantor declares:
Documentary Transfer Tax is $_NONE -- no consideration.
computed on full value of property conveyed.
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area; (X) City of Carlsbad.
A.P.N. /. - I
TREETOPS UNLIMITED, a joint venture composed of Financial
Scene Incorporated, a California corporation, and Pacific Scene,
Inc., a California corporation, hereby GRANTS to THE KNOLLS OF
CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit
mutual benefit corporation, the following described property
located in the City of Carlsbad, County of San Diego, State of
California:
Lot C-i of CARLSBAD TRACT NO. 83-21 UNIT
NO. 2 according to Map thereof No. 11477
filed in the Office of the County Recorder of
San Diego County, California, on April 1,
1986, and
Lot I of CARLSBAD TRACT NO. 83-21 UNIT NO. 3
according to Map thereof No. 11476 filed in
the Office of the County Recorder of San
Diego County, California, on April 1, 1986;
RESERVING THEREFROM the following easements:
1. For the benefit of (i) the members of THE KNOLLS
OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California
nonprofit mutual benefit corporation ("Association"), and
(ii) such others as Grantor may from time to time determine,
-1-
940
reserving the right to grant the te i._ others, a non-
exclusive easement of ingress, egress and of enjoyment
appurtenant to the Lot owned by such member as set forth in
the Declaration of Covenants, Conditions and Restrictions to
which reference is hereafter made. The easement herein
reserved shall be subject to the terms, conditions,
restrictions, reservations and provisions set forth in said
Declaration. The Lots conveyed hereby are for the use of
the members of the Association and not for the use of the
general public.
2. For the benefit of Grantor, a non-exclusive
easement in gross on, over and under the property granted
herein for all purposes set forth in the Declaration of
Covenants, Conditions and Restrictions referred to herein
and for access, ingress and egress for purposes of
construction and installing improvements thereon, in
accordance with the plans approved by and the requirements
of the City of Carlsbad, California, making repairs and
replacements to said improvements, including slope banks,
and displaying the same to prospective purchasers of
property covered by the Declaration.
This deed is made and accepted upon the terms, conditions and
restrictions set forth in that certain Declaration of Covenants,
Conditions and Restrictions recorded in the Office of the County
Recorder of San Diego County, California, on April 24, 1986 as
File/Page No. 86-158392, made applicable to the property conveyed
hereby by Declaration of Annexation recorded in the Office of the
County Recorder of San Diego County, California, on October 10,
1986, as File/Page No. 86-456488, which by this reference are
incorporated herein as though set forth in full.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed.
Dated: November 5, 1986.
TREETOPS UNLIMITED
BY: PACIFIC SCENE, INC.
By
By ?
BY: FINANCIAL SCENE INCORPORATED
By
By
-2-
0 0
0 941
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
this /O -' day of ____________, l9 before me,
vY\TL ,. a Notary Public.in and for said
state, peronly appeared -
known to me (o on the 1~~~~A-jf-aistary
.ev-i-dencQ) to be the _ President, and
) D. ce.k2i, known to me evetflthebas±s -of
f-a-et-oy--ev±de/ce -) to be the n-,1 / Secretary of
PACIFIC SCENE, INc), the corporation that executed the within
instrument and known to me to be the persons who executed the
within instrument on behalf of said corporation, said corporation
being known to me to be one of the joint venturers of TREETOPS
UNLIMITED, the joint venture that executed the within instrument
and acknowledged to me that such corporation executed the same as
such joint venturer and that such joint venture executed the
same.
WITNESS my hand and official seal.
OFFICAL SEA
•.•.e. • CO SOS U .s*.. so..-... e....
Robin Lynn Stroman : Notary PubiC.CiIdorni. •
Pinc3I OIce In
MN DIEGO Couv '1NOTARY PUBt My Comm. Exp June 17. 198
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On this \—\-i day of L CL(t(-bA. , l9fr, before me,
a Notary-ubli c in and for said
state,ersoha1ly appeared f\ -ç- .Q I((
known to me (or proved t me on the basis of satisfactory
evidence) to _b the President, and
known to me (o proved to me on the basis of
satisfactory evidence) to be the Secretary of
FINANCIAL SCENE INCORPORATED, the corporation that executed the
within instrument and known to me to be the persons who executed
the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of
TREETOPS UNLIMITED, the joint venture that executed the within
instrument and acknowledged to me that such corporation executed
the same as such joint venturer and that such joint venture
executed the same.
WITNESS my hand and official seal. r
- .-
OFFICIAL SEAL
SALLY pRuEvr W
crnta
SAN DIEGO COUNTY
44"N"11 My Comm. En Feb. 23. 1990
,
NTARY / BLIC
—3-
r
and
When Recorded Return To:
McDONALD, HECHT & SOLBERG
Mr. Alex C. McDonald
1100 Financial Square
600 "B" Street
S,an Diego, California 92101
Mail Tax Statements To:
The Knolls of Calavera Hills
Homeowners Association
c/o George Haviar
Pacific Scene, Inc.
3900 Harney Street
San Diego, California 92110
.j)' 827
. 87-104106
.L/
CF RECORD' I I; LO C)UTy,
i$f'E27 AMS:OO
LCVEi\ L. LYLE OWjy
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GRANT DEED
The undersigned grantor declares:
Documentary Transfer Tax is $_NONE -- no consideration.
( computed on full value of property conveyed.
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area; (X) City of Carlsbad.
A.P.N. J'• -: ,' •
TREETOPS UNLIMITED, a joint venture composed of Financial
Scene Incorporated, a California corporation, and Pacific Scene,
Inc., a California corporation, hereby GRANTS to THE KNOLLS OF
CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit
mutual benefit corporation, the following described property
located in the City of Carlsbad, County of San Diego, State of
California:
Lot H-2 of CARLSBAD TRACT NO. 83-21 UNIT
NO. 3 according to Map thereof No. 11476
filed in the Office of the County Recorder of
San Diego County, California, on April 1,
1986;
RESERVING THEREFROM the following easements:
1. For the benefit of (i) the members of THE KNOLLS
OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California
nonprofit mutual benefit corporation ("Association"), and
(ii) such others as Grantor may from time to time determine,
reserving the right to grant the same to others,' a non-
exclusive easement of ingress, egress and of enjoyment
appurtenant to the Lot owned by such member as set forth .in
the Declaration of Covenants, Conditions and Restrictions to
which reference is hereafter made. The easement herein
-1-
6 .
reserving the right to grant the same to o'hers, a non-
exclusive easement of ingress, egress and of enjoyment
appurtenant to the Lot owned by such member as set forth in
the Declaration of Covenants, Conditions and Restrictions to
which reference is hereafter made. The easement herein
reserved shall be subject to the terms, conditions,
restrictions, reservations and provisions set forth in said
Declaration. The Lots conveyed hereby are for the use of
the members of the Association and not for the use of the
general public.
2. For the benefit of Grantor, a non-exclusive
easement in gross on, over and under the property granted
herein for all purposes set forth in the Declaration of
Covenants, Conditions and Restrictions referred to herein
and for access, ingress and egress for purposes of
construction and installing improvements thereon, in
accordance with the plans approved by and the requirements
of the City of Carlsbad, California, making repairs and
replacements to said improvements, including slope banks,
and displaying the same to prospective purchasers of
property covered by the Declaration.
This deed is made and accepted upon the terms, conditions and
restrictions set forth in that certain Declaration of Covenants,
Conditions and Restrictions recorded in the Office of the County
Recorder of San Diego County, California, on April 24, 1986 as
File/Page No. 86-158392, made applicable to the property conveyed
hereby by Declaration of Annexation recorded in the Office of the
County Recorder of San Diego County, California, on September 24,
1986, as File/Page No. 86-421938, which by this reference are
incorporated herein as though set forth in full.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed.
Dated: November 5, 1986.
TREETOPS UNLIMITED
BY: PACIFIC SCENE, INC.
By
By
BY: FINANCIAL SCENE INCORPORATED
By A L V
By
-2-
STATE OF CALIFORNIA
bj 829
SS.
COUNTY OF SAN DIEGO
state, përoa1ly appeared (.rLe
known to me
P eveoe-) to be the H resident, and
, known to me (o—pv-edtTh--th.e_basis_-cf
sat factory-ev tee) to be the Vj-i Seebay of
PACIFIC SCENE, C., the corporation that executed the within
instrument and known to me to be the persons who executed the
within instrument on behalf of said corporation, said corporation
being known to me to be one of the joint venturers of TREETOPS
UNLIMITED, the joint venture that executed the, within instrument
and acknowledged to me that such corporation executed the same as
such joint venturer and that such joint venture executed the
same.
WITNESS my hand and official seal.
•...I..$....l... ••••...e.-4....#.
OFRCIALSEAL
Y 7'O Robin Lynn Stroman : 1L1 : - - • Notary PubIic.California • v\ ,
\f-(jjfj,JpJ Principal Office In a SAN DIEGO COUNTY NOTARY PUBC
'V My Comm E .h 17. i9l
.................
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
O_,th41 s 4!1' day of l9,, before me,
IF a Notary Public in and for said
state,' per'iofially appeared
known to to me (or proved tome on the basis of satisfactory
evidence) tp ?e the President, and
. , known to me (o proved to me on the basis of .
satIsfactoryevidence) to be the Secretary of
FINANCIAL SCENE INCORPORATED, the corporation that executed the
within instrument and known to me to be the persons who executed
the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of
TREETOPS UNLIMITED, the joint venture that executed the within
instrument and acknowledged to me that such corporation executed
the same as such joint venturer and that such joint venture
xecuted the same.
WITNESS my hand and official seal.
OFFICIAL SEAL ET
SALLY PRUETT
Notary Public-California
SAN DIEG6 COUNTY NOTARY/ PUBLIC
.My Comm Exp. Feb. 23l:J
MCC
POOR
QUALITY
ORIGINAL (S)
RECORDING REQUE*TL '
AND WN5fl steosoaD MAIL THIS DeeD AND. UHLrsS WIU SHOWN BILLOW. MAIL TAX $TATCMCNTS TO.
NAM r—
Treetop. Unlimited
As..a.. 3OO Barney Street
OTT San Diego, Ca. 92110 STAT,
Title Order No. S-579973 Escrow No. 22303 P
II
Dated March 5, 1980 -
14
T
r in: or t . it iiotrrt
I Itt \T't OF Sea .Dic&Q-__ -
I,I.,re me. the on. i Ier..,gne.t. a Notary I4t,I,e n an.t (.'r.a,d I
W I-
7
of the rarine,. .1 the
thalet tie flu,, ,ls.lrulUeflt. ant
-nil, partner-hit. is,, riled the -as.,,
SC-402577 fullm NO.- mm so
KWM RQUI3T OF
UTLE Rom= 03N?MY
MAR 26
&#X OlE0OWflY. L MA L LYLE
KMM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
- so-
'N? 1.0251'?
LAKE C RA BILLS ASSOCIATES, a
Limirtn7 J/
OAFECO
FOR NOTARY SEAL OR STAMP
PATSY I BUP4
NO1*4Y PiEIlCCAU°'I!
• .' COUNTY OF SAN UIEC.Ct
C3,11IJ
1H1TT ni:i:jj VJHttL'i JaJa
TRANSFER TAX PAID
The undersigned declares that the documentary transfer tax is $..2.3.84,.80........ and is
computed on the full value of the interest or prnperty conveyed, or is r' computed on the full value kia the value of liens or encumbrances remaining thereon at the time of aale. The land,
tenements or realty is located in City of Carlsbad
0 unincorporated area
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAKE CAL&VERA BILLS ASSOCIATES, a Limited Partnership
hereby GRANT(S) to TREETOPS IWLIMITED, a Joint Venture, Composed of: FINANCIAL SCENE
INCORPORATED, a California corporation, and PACIFIC SCENE, INC., a
California corporation,
the following described real property in the City of Carlsbad
county of San Diego ' state of California:
Those portions of Lots "B", "K" and "J" of RANCHO AGUA NEDIONDA in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County, November 16, 1896, being more
particularly in the Exhibit "A" attached hereto and made a part hereof.
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MMLAS DIRECTED ABOVE
- Na SIrest Addrr.. cle, S SIaM
CA.-I IR,a. 3-155
C-
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Page 1 of 5
EXKIST.T "A"
PARCEL A:
- -
Tho.e portions of Lots "D", "E" and "3" of RANCHO AGUA HEDIONDA in the
City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, being more particularly described as
Parcel 1-A, Parcel l-.B and Parcel 2, as follows:
PARCEL 1-A:
COMMENCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO. 5,
according to Map thereof No. 7151 filed in the Office of the County
Recorder of San Diego County, December 29, 1971, being a point on the
common city limits of the City of Oceanside and the City 3f Carlsbad,
and being also a point on the Northerly line of land described in Parcel
1 in deed to DON N. BOWEER as Trustee of the MARTHA KILLEFER TRUST under
Trust Ajreement dated February 27, 1962, said deed being recorded
September 8, 1976 as File No. 76-294347; thence along the Northerly
boundary of the City of Carlsbad, being along the Northerly line of said
• Trustee's land South 89°19'04" West (deed-South 89'19'35" West) 1903.60
feet to the common boundary between said Lots "0" and "3" of RANCHO AGIJA
HEDIONDA; thence along said common boundary South 13'37'33" East 765.48
feet to the Southeasterly corner of land described in Parcel 1 in deed
to DON N. SOWKER as Trustee of the AiiM S. LEWIS TRUST under Trust Agreement
dated June 1, 1970, said deed being recorded September 8, 1976 as File
No. 76-294346, and being also the TRUE POINT OF BEGINNING; thence along
the Southeasterly line of said land South 70°04'37" West 870.00 feet to
an angle point in the proposed Villale Line; thence continuing along
said Southeasterly line South 70'04'27" West, 1097.00 feet to the Easterly
boundary of Parcel "H" School SIte; thence along the boundary of said
Parcel "M" School Site as follows: South 16'49'53" East, 218.38 feet to
an angle point therein; South 2h'l0'Z3" East, 500.00 feet; South 8529'37"
West, 480.00 feet; North 39'00'23" West, 372.00 feet; and North 1346'4"
West, 237.29 feet to the Southeasterly line of said Trustee's land last
hereinabove referred to; thence alonf. said Southeasterly line South
7004'37" West, 183.29 feet; thence leaving said Southeasterly line
South 2837 1 41" East, 543.34 feet; thence South 02'54'50" West 350.00
feet; thence South 17'25 1 10" East, 4:0.00 feet; thence South 2425'10"
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MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN. MAIL ASDIRECDABOVE
St,o,i Addroo City & Stats
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Page 2 of 5
East, 490.00 feet to the canter line of Elm Avenue proposed extension;
thence South 1043'01" West, 257.35 feet; thence South 2425 1 10" East,
430.00 feet; thence South 48'05'12' East, 200.00 feet; thence South
24'25'10" East, 300.00 feet; thence North 5909'50" East 587.00 feet;
thence North 43'29'50" East, 339.00 feet; thence South 80°08'50" East,
11.22 feet to the center line of Tamarack Avenue proposed extension,
being a point on the arc of a 1000.00 foot radius curve, concave Northwesterly,
a radial line of said curve bears South 75'17 140" East to said point;
thence along said center line as follows Northeasterly along the arc
of said curve through a central angle of 33'19'32" a distance of 581.64 P.
feet; and tangent to said curve North 18'37'12" West, 273.62 feet to the
center line intersection of Elm Avenue proposed extension; thence
continuing North 1837'12" West, 310.00 feet; thence North 31'37'23"
West_ 372.70 feet; thence North 0l'04'50" East, 105.00 feet; thence North
7914'50" East, 650.00 feet; thence South 87'I5'10" East, 740.00 feet;
thence South 71'31'39" East, 651.98 feet; to the center line of College
Boulevard proposed extension; thence along said center line North
29'40'59" East, 420.00 feet; thence leaving said center line North
59'02'50" West, 373.81 teat; thence North 80 °35'00" West, 1240.00 feet;
thence North 21'03'00" ist 44.98 feet to the beginning of a tangent
50.00 foot radius curve, concave Southeasterly; thence clockwise nlonr,
the arc of said curve through a central angle of 129'05'00" a distance
of 112.65 feet; th,nce tangent to said curve South 12'00 '00" East, 88.51
feet to the beginning or a tangent 50.00 foot rod iii.; curve, concave
Northerly; thence Easterly along the are ot said curve through a central
angle of 7958'09" a distance ot 69.79 feet to the beginning of a reverse
2000.00 foot radius curve; thence Northeasterly along the arc of said
curve through a central angle ul 1342' 33" a distance of 548.55 feet to —
the TRUE I'OINf OF BEGINNING.
PARCEL 1-ti:
CiMECINC at the Southwesterly corner of *At-(A COSTA NESt UNIT NO. 5,
according to Map thereof No. 7151 filed in the Office of the County
Recorder of San Diego County, December 29, 1971, being a point on the
common city limits of the City of Oceanside and the City of Carlsbad,
and being also a point on the Northerly line of land described in Parcel
1 in deed to 00N N. NOWEER as Trustee of the MANTHA gILLEFER TRJST under
Trust Agreement dated Fearuary 27, 1962, said deed being recorded
September 8, 1976 as File No. 76-294347; then.e along the Northerly
S-579973
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MAIL TAX STATEMFNTS TO PARTY SHOWN ON FOLLOWING LINE. IF NO PARTY SO SHOWN. MAIL ASDIRECTAVE
-------______
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( lRev. 3-19)
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Page 3 of 5
J boundary of the City of Carlsbad, being along the Northerly line of said
Trustee's land South 89'19'04" West (deed-South 89'19'35" West) 1903.60
feet to the common boundary between said Lots "U" and "J" of RANCHO ACUA
REI)IONDA; and being the IRUE POINT OF BEGINNING; thence along said
common boundary South 13'37'33" East 765.48 feet; thence North 59 °51'59"
East, 804.2b feet; thence North 13'37'33" West, 360.00 feet to the
Northerly line of said Trustee's land last hereinabove referred to and
the Northerly boundary of said City of Carlsbad; thence along said
Northerly line South 89'19'04" West, 790.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
CIHENCING at the Southeast corner of said Lot "J"; thence along the
Southerly prolongation of the Easterly line of said Lot "3"; South
0142'41' West, 484.02 feet to an angle point in the Northeasterly
boundary of land described in deed to LAKE CALAVERAS HILLS ASSOCIATES,
recorded April 7, 1977 as File No. 77-128086; thence along said Northeasterly
boundary North 23 °15'45" West, 720.30 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Northeasterly boundary as follows: North
2315'45" West, 85.00 feet to an angle point therein; and North 3433'00"
West, 692.00 feet to a point on the arc of a non-tangent 680.00 foot
radius curve, concave Northwesterly, a radial line of said curve bears
South 1720'00" East to said point; thence leaving said Northeasterly
boundary Northeasterly along the arc of said curve through a central
angle of 92'09'20" a distance of 1093.72 feet; thence leaving said
curve, non-tangent North 07'27'26" East, 19.77 feet; thence North
69'28'42" East, 751.12 feet to the center line of College Boulevard
proposed extension being a point on the arc of a nm,i.-tanm;ent 1000.00
foot radius curve, concave Southeasterly, a radial line cf said curve
bears South 83'03'38" West to said point: thence Southerly along the arc
of said curve though a central angle of 17°17'17" a distance of 301.73
feet; thence tangent to said curve South 24'13'39" East, 770.00 feet;
thence South 08'46'24" West 980.08 feet; thence North 8113'39" West
210.00 feet; thence South 48'46'21" West, 250.00 feet; thence North
4843'39" West, 335.00 feet; thence North 7314'59' West 319.91 feet to
the TRUE POINT OF BEGINNING.
PARCEL B:
Easements and right of way for iccess purposes over, along and across
those portions of Lots "U" and "J" of kMCIIO AGUA HEOIONDA, in the City
of Carlsbad, County of San Diego, State of California, according to Map
S-579973
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MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWINI; lINt. IF NO PARTY SO SHOWN. MAIL AS DIRECMAWVZ
a..
CM_•1 (ASv,3-75 b
thereof No. 823 filed in the Office of the County Recorder of San Diego
County, November 16, 1896, for the use of access to and from those
parcels of land described as Parcels 1-A and 2 in that Certificate of
Compliance recorded January 22, 1980 as File No. 80-024454 and being
more particularly described as Access Casement Parcels A and B as
follows:
ACCESS EASIENT PARCEL A:
A strip ot land 102.00 feet wide, being the proposed exten ion of
College boulgvard, and the center lion of said strip being described as
follows: 3'
CtdENCING at the Southwesterly corner of i1ItA COST\ MESA UNIT NO. 5,
according to Map thereof No. 7151 filed in the Office of the County
Recorder of Sn Diego County, December 29, 1971; thence along the
Southerly line of said Map No. 7151, North 891S'35" East, 31.12 foot to
the TRUE POINT OF IIECINNLNu; rltenee South 38'5I'00" East, 25.26 feet, to
the beginning of C tangent 1000.00 foot radius curve, concave Westerly;
thence Southerly along the ate of said curve through a central angle of
7Y55'53" a distance of 132,. 25 feet; the'tee tangent to said curve South
36'56'53" 'es t , l.'09.25 feet to the be inning at a tangent 1000.00 Loot
radius curve, concave -Southeasterly; thence! Southwesterly along the arc
of said curve through a control angle ot 07'15'54" a distance of 126.80
feet to the most Easterly corner of Parcel 1-A of said Certificate of
Compliance; thence tangent to said cuivo South 2940 1 59" West, 232.85 feet to a point of access to S iid Parcel 1-A; theoe continuing South
2940 '59" West, 353.67 feet to the beginning I a tangent 1000.00 foot
radius curve, concave SouthisterIv; thec Southwesterly along the arc
of said curve through a central angle at 53'54'38" a distance of 940.92
feet to a point of access to Parcel 2 of said Certificate of Compliance.
Said easement to terminate Northerly in the Southerly line of said Map
No. 7151.
ACCESS EASENT PARCEL B:
- A strip of land 102.00 feet in width, being the proposed extension of
Elm Avenue, and the center line of said strip being described as follows:
-
s-579973
S-607233
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LI
Page 5of5
C*1ENCING at the most Easterly corner of said l'i,r'..l I_A said Certificate
of Cumpliance as said corner is described in Access Easement Parcel A
above thence South 29400590 West, 58b.52 feet to the beginning of a
tangent 1000.00 foot radius curve, concave Southenaterly; thence Southwesterly
along the arc of said curve through a central angle of 132'52' a
distance of 236.45 feet to the center line intersection with Elm Avenue
proposed extension and being the TRUE POINT OF RF.GLNNINC; thence North
7351'53" West, 155.70 feet to the beginning of ,i tangent 1000.00 foot
radius curve concave Southerly; thence Westerly along the arc of said
curve through a central angle of 3545'19" a dict.,nce of 606.59 feet
thence tangent to said curve South 7122'48" We-t, 825.88 feet to the
center line intersection with Tamarack Avenue proposed extension and
being a point of access to said Parcel 1-A of Certificate of Compliance.
Said easement to terminate Southeasterly in the center line of Access
Easement Parcel. A above.
EXCEPTING THEREFROM those portions lying within Parcels 1-A and 2 hereinabove
described-.
OR: Felylae
2-23-80
S-579973
S-607233
E-21o02
60,
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MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE IF NO PARTY SO SHOWN. ABOVE
* N. Sn*st A.Wr. St.i. *,ie
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FOR NOTARY SEAL OR STAMP
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PATSY I gIIRRIW
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ADDENDUM TO PROPOSAL FROM PACIFIC SCENE DATED 6/10/87
FROM
Tf-1E KPJ01 L, DF /F t-1IL..L.
HOMEOJEFS SOCIi1ION
This addendum to the Pacific Scene proposai is for clarification of
and additions to items 1-5 as follows:
1) Plant White Icepi.ant to the level of the existing concrete
drainage ditch from the rear fence of Lots *142 thru 149 including the
slope behind the view corridor. A permanent in ground irrigation
system will be installed to facilitate iceplant growth.
2) Hydroseed Mix B as stated in plan.
3) Permanent in ground irrigation installation to facilitate the
growth of the iceplant extension. Also the removal of large rocks that
block the end of the concrete drainage ditch to allow adequate
drainage.
4) Plant in accordance with approved slope planting plan Drawing *
242-6A, Project *83-21.
5) The term "View Lot" will be determined by Homeowners. The Project
will be planted per plan with the exception being homeowner slopes
that have been planted by the homeowner. In these cases the planned
plantings will be left on the property unpianted allowing for planting
at the homeowner's discretion (example Lot *200 slope).
Subsequent to completion a landscape and irrigation inventory will be
conducted. At this time Pacific Scene will be released of liability
if the approved plan is met with the exception of the installer. The
new plantings will be warrented against deficiencies for a period of
90 days by the installer.
The Knolls of Calavera Hills Homeowners Association agrees to the
Proposal with the Addendum.
Date
Pacific Scene agrees to the Addendum.
Date
City of Carlsbad Planning Dept. agrees to the Addendum.
AGREEMENT RE RESPONSIBILITY FOR
MAINTENANCE OF COMMON AREAS
THIS AGREEMENT RE RESPONSIBILITY FOR MAINTENANCE OF COMMON AREAS
("Agreement") is made and entered into this _lst day of Sept. 1987, by
and between PACIFIC SCENE, INC., a California corporation ("Developer"),
and THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California
nonprofit mutual benefit corporation ("Association"), with reference to
the following
RECITALS
A. Developer is the developer of that certain residential housing
project, located in Carlsbad, California, and situated upon the real
property as more particularly described on Exhibit "A" attached hereto
and incorporated herein by this reference ("Project").
B. Association is the incorporated association of homeowners with-
in the -Project andis responsible for, among other things, the maintenance
of certain common areas within the Project, including certain landscaped
areas contained within such common areas (collectively, "Common Area").
C. Heretofore, Developer has maintained at its expense that portion
of the Common Area consisting of certain landscaped areas more particularly
decsribed on Exhibit "B".attached hereto and incorporated herein by this
reference ("Landscaped Common Area").
D. Developer now wishes to transfer and assign, and Association
wishes to accept such transfer and assignment, of the responsibility for
maintenance of the Landscaped Common Areas, pursuant to the terms and
conditions set forth below.
NOW, THEREFORE, the parties agree as follows:
1. Developer hereby transfers and assigns, and'Associatiofl hereby
accepts the transfer and assignment of all responsibility for maintenance
of the Landscaped Common Area. Such transfer and assignment shall be
effective on September 1, 1987.
S
.
2. Association acknowledges and agrees that, with respect to the
design, installation and/or maintenance by Developer of the Landscaped
Common Area, (1) Association has, before the effective date of the transfer
and assignment specified in Paragraph 1 above, examined and inspected the
Landscaped Common Area, (ii) based upon Association's examination and
inspection of the Landscaped Common Area, as of the date of the transfer
and assignment, there are no defects or deficiencies of which Association
is or reasonably should be aware, save and except only such defects and
deficiencies, if any, as more particularly described on Exhibit "C"
attached hereto and incorporated herein by this reference ("Punch-List"),
and (iii) Association hereby releases Developer with respect to any
liability, claim or expense arising from or connected with any defects or
deficiencies in the Landscaped Common Area of which Association presently
is or reasonably should be aware, save and except, only those items specified
in the Punch-List.
PACIFIC SCENE, INC., a
California corporation
WE
Fly W." I, dmr~mv
THE KNOLLS OF CALAVERA HILLS
HOMEOWNERS ASSOCIATION
BYq/&A. Date
7__ 7
By
Date
.
I
EXHIBIT "A"
Lots 129 through 182, inclusive, and Lots C, D, E, F, C-i, C-2 and F-i
of CARLSBAD TRACT NO. 83-21 UNIT NO. 2 according to Map thereof No.
11477 filed in the Office of the County Recorder of San Diego County,
California, on April 1, 1986; and
Lots 183 through 222, inclusive, and Lots H, I, H-i and 1-1-2 of CARLSBAD
TRACE NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in
the Office of the County Recorder of San Diego County, California, on
April 1, 1986.
.
fl
EXHIBIT "B"
Lots C, D, E, F, C-i, C-2 and F-i of CARLSBAD TRACT NO. 83-21 UNIT 2
according to Map thereof No. 11477 filed in the office of the County
Recorder of San Diego County, California, on April 1, 1986; and
Lots H, I, H-i and H-2 of CARLSBAD TRACT NO. 83-21 UNIT NO. 3 according
to Map thereof No. 11476 filed in the Office of the County Recorder of
San Diego 'County, California, on April 1, 1986.
'2"
RECORDING REQUESTED. BAD )
WHEN RECORDED MAIL TO: )
)
-c..CITY OF CARLSBAD )
( 12OO Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of Eleciarant determining
tax-firm name
City of Carlsbad
167-100-10,42,43
Parcel No.168-040-12 & 13
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
19 e5f THIS AGREEMENT is entered into this 12 day of _______
by and between TREETOPS UNLIMITED
(name of developer-owner)
a Joint Venture , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 3900 Harney Street
(street)
• San Diego, California 92110 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
(
WHEREAS, Developer proposes a development project as follows:
Construction of 130 Single-Family Duplexes (Attached) in Calavera Hills
Village O&P-1, Unit #4.
REV 4-2-82
C-,,4 9 3 s7)
on said Property, ch development carries throposed name of
- Calavera Hills Village O&P-1, Unit #4
(,.-,-,,and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the /2 day of ______________
19 ~_, with the City a request for Tentative. Map approval for
Village O&P-1, Unit #4 in Calavera Hills
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of theCity General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
• need or such development shall not be approved (said element is on
• file with the City Clerk and is incorporated by this reference); arid
WHEREAS, Developer Ind City recognize the correctness of Council
Policy No; 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public faciLities fee.
( :•
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REV 4-2-82
NOW, THEREFOREin consideration of the rtals and the
covenants contained herein, the parties agree as follows:
(
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the -Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% ofthe building
permit valuation at the time of conversion. The fee for a
condominium conversion-shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
\ Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupaicy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvement.s required according to Titles 18, 20 or 21.of the
Carlsbad Municipal Code.
MIC
REV 4-2-82
1
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
(
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites 4onated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the -
developme.nt will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
- 4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
(.
". .zescribed.
-4 -
REV 4-2-82
6. All obligatSs hereunder shall termins in the event the
Requests made by Developer are not approved.
( 7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City 'at \ the address set forth herein, enclosed in a
- sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the-
-
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City her-em
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
• . and assigns. If Developer should cease to have *any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
( :.Or security interest in the Property. Whe-n the obligations of this
agreement have been satisfied, City shall record a release.
-5-
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S
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED CITY OF CARLSBAD, a municipal
corporation of the
Pacific Scene Inc. State of California
MOW
I
/ er i-
L A. w—.
.. I
FinanciaL -S-e Incorporated
BY
Executiye President
BY
'Admi-tt1ve Of fc er
BY
City Manager
and
- -- -. --- - ----I a -- -----i vr -- 'I. hJUL-•iL:.i) a of Satisfactory evidence to be the VICE President, and p w. tAcK&y known to me to be the VICE PRESIDENT of PACIFIC W&, INC., the corporation that executed the within instnaint on balf of said corporation, said corporation being known to me to be one of the joint ventures of 7ME1 tIMTrI), the joint venture that executed the within instrt,rnt, and acknowledged to me that such corporation executed the saz, both indi - vidually and as joint venturer of said joint venture, and that such joint venture also executed the sane. -
WITNESS my hand and official seal. OFFICIAL SEAL
KATHY LYNN GOMEZ
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
- My Commissidn Expires April 22, 1988
REV 4-2-82
STATE OF CALIFPRNIA
COUNTY OF 'Da 44 SS.
On this IL!. day of TUi?. v 19 rL, before me, the undersigned, a Notary
Publicin and for said county and state, personally appearefl
and i)(J 4.
' known to me (or provpd to me on the basis of 9tisfactory evidence) to be the
iX(Cc)17V' Via , President and fldrThil )&( a.,etury,
respectively of ThkZ(1i2 Ia) .5flL- 3r)1Yp.Pi*rJ
the corporation that executed the within instrument, said persons being known to
me to be the persons who executed the within instrument on behalf of said
' corporation, said corporation bein known to me to be one of the joint venturers of
the joint
venture that executed the within instrument and acknowledged to me that such
IL corporation executed the same both individually and as jointventurorof said joint
o venture and that such joint venture also executed the same.
WlT.ESmy hand and official seal.
Notary Public in and for said county and state.
FORM - CJV
Sanctity of Contract
FOR NOTARY SEAL OR STAMP
IUTIOFFiCIAL. SEAL
ROBIN K DE KOLD
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires AUG 30, 1988
STATE OF CAL5NIA
- -
-
COUNTY OF
On this 11± day of!V219 before me, the undersigned a Notary Publj,in and for Said County and state, POAL- tate, Personally , and
IX
Mi known to me for the basis of s tisfaclory evidence) to be the I- z President OOrctarVla
W respectively of
the Corporation that executed the within instrument, said persons being known to
0 me to be the persons who executed the within instrument on behalf of said ' corporation, said ly corporation known to me to be one of the joint venturers of
joint 0 venture that executed the within instrument and acknowledged to me that such
corporation executed the same both individually and as joint venturer of said joint 0
venture and that such joint venture also executed the same.
WITNS$Smy hand and official seal.
Notary Public in and for Said county and state FoRM - CJv
SanctilY OF Contract
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
ROBIN K DE KOLD
NO PUC .FORNJA
I4 DIEGO COUnTY My cosnn. expires AUG 30, 1988
&FAfl U CALIPtEN1A) ss: caW1Y (J SAN DIEDD)
On this 5th day of JUNE , 19 85, before me, the undersigned, a Notary Public in and
for said County and State, personally ,ppred JOHN J. SUM€RS , proved to me on the basis
of satisfactory evidence to be the VICE President, and D.W.
knawn to me to be the VICE PRESIDENT of PACIFIC , INC., the corporation
that executed the within instnrnt cx behalf of said cxrixration, said corporation being )aci
to me to be one of the joint ventures of 7REEIMS UNLIMITED, the joint venture that executed the
within instrument, and acknowledged to me that such rporatici executed the saw, both indi -
vidually and as joint venturer of said joint venture, and that such joint venture also executed
the sarr.
WIESS my hand and official seal. a 5OFFICIAL SEAL C
KATHY LYNN GOMEZ
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires April 22, 1988
IN WITNESS WHEREOF, this agreement is executed in San Diego
]
""C ounty, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED
Pacific Scene Inc.
BY Q/32J 4 1iP
P DENT
BY V(D
VICE PRESIDENT (J
Financial e Incorporated
BY
Executi V e Preside'nt
BY 4
ATTEST:
(_.
ALET}LA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) -
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:
S
.
ALTA Loan Policy
ce
C-1724
SCHEDULE A
Title Fee: $9,258.00
Amount of Insurance $8,828,000.00 Policy No. 900989-14
Date of Policy: June 27, 1985 at 8:00 A.M.
1 • Name of Insured:
UNION BANK, a California Corporation
2. The estate or interest referred to herein is at Date of Policy vested in:
TREETOPS UNLIMITED, a joint venture, composed of: FINANCIAL SCENE
INCORPORATED, a California corporation and PACIFIC SCENE, INC., a
California corporation
3. The estate or interest in the land described in Schedule C and which is
encumbered by the insured mortgage is:
FEE
4. The mortgage, herein referred to as the insured mortgage, and the
assignments thereof, if any, are described as follows:
A Deed of Trust to secure an indebtedness in the original principal sum of
$8,828,000.00, recorded June 27, 1985 as File No. 85-229339 of Official
Records.
DATED: June 10th, 1985
TRUSTOR: TREETOPS UNLIMITED, a joint venture, composed of:
FINANCIAL SCENE INCORPORATED, a California corporation DBA
Great American Development Company and PACIFIC SCENE, INC.,
a California corporation
TRUSTEE: UNION BANK, a California Corporation
BENEFICIARY: UNION BANK, a California Corporation
-5-7
. .
AJJTA Loan Policy
SCHEDULE B
Part I
This policy does not insure against loss or damage by reason of the following:
1. General and Special taxes for the fiscal year 1985-86, a lien, not yet
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
3. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument
recorded April 1, 1958 in Book 7016, page 536 of Official Records.
Said instrument provides that a violation thereof shall not defeat or
render invalid the lien of any mortgage or deed of trust made for value.
Affects Parcel 3.
4. Covenants, conditions dd restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument
recorded January 5, 1959 in Book 7427, page 358 of Official Records.
Said instrument provides that a violation thereof shall not defeat or
render invalid the lien of any mortgage or deed of trust made for value.
Affects Parcel 3.
5. An Agreement regarding construction of a 1.2 million gallon capacity
sewage treatment and wastewater reclamation facility and necessary
appurtenances and to provide for the financing and reimbursement for costs
of oversizing thereof, dated December 26, 1979, upon the terms, covenants,
and conditions contained therein.
EXECUTED BY AND BETWEEN: 'CITY OF CARLSBAD, CALIFORNIA, a municipal
corporation and LAKE CALkVERA HILLS ASSOCIATES, a California partnership.
RECORDED: January 14, 1980 as File No. 80-013386 of Official Records.
6. An Agreement regarding payment of a public facilities fee, dated February
25, 1980, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: LAKE CALI&VERA HILLS ASSOC. and THE CITY OF
CARLSBAD, a municipal corporation.
RECORDED: May 19, 1980 as File No. 80-164050 of Official Records.
Affects Parcel 1.
S .
7. A Certificate of Compliance affecting the herein described property has
been recorded September 10, 1982 as File No. 82-282024 of Official
Records.
Affects Parcel 3.
8. An Agreement regarding the payment of a public facilities fee, dated
August 24, 1983, upon the terms, covenants, and conditions contained
therein.
EXECUTED BY AND BETWEEN: TREETOPS UNLIMITED, a Joint Venture and THE CITY
OF CARLSBAD, a municipal corporation.
RECORDED: October 10, 1983 as File No. 83-363017 of Official Records.
9. A Hold Harmless Agreement stating "To indemnify and to hold the City of
Carlsbad and any of its agencies or employees harmless from liability for
injuries to persons, or damage to or taking of property, directly or
indirectly caused by the diversion of waters, the alteration of the normal
flow of surface waters or drainage, or the concentration of surface waters
or drainage from the drainage system or other improvements indentified in
the approved plans; or by the design, construction or maintenance of the
drainage system or other improvements indentified in the approved plans",
dated September 19, 1983 executed by TREETOPS UNLIMITED, a Joint Venture,
upon the terms, covenants and conditions contained therein recorded
November 9, 1983 as File No. 83-407221 of Official Records.
Affects Parcel 3.
10. An easement for public street purposes and incidental purposes in favor of
the City of Carlsbad, a municipal corporation, recorded February 13, 1984
as File No. 84-053119 of Official Records, located within that portion of
Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 823 on file in
the Office of the County Recorder of said County, described as follows:
Beginning at the Westerly terminus of that course designated as "North
79 °14'50" East, 650.00 feet" as shown on Sheet 2 of 3 Sheets of Record of
Survey Map No. 9336 on file in the Office of said County Recorder; thence
along said course North 79 014 1 50" East 38.50 feet to the TRUE POINT OF
BEGINNING; thence continuing along said course North 79 °14'50" East 32.32
feet to a point in a non-tangent 330.00 foot radius curve concave
Southwesterly, a radial line to said point bears North 58 °29 1 26" East;
thence Northwesterly along said curve through a central angle of 47 °4326"
an arc distance of 274.87 feet; thence tangent to said curve North
79 °14 1 00" West 227.57 feet; thence South 10 046 1 00" West 30.00 feet; thence
South 79 0 14'00" East 227.57 feet to the beginning of a tangent 300.00 foot
radius curve concave Southwesterly; thence Southeasterly along said curve
through a central angle of 45 °32'10" an arc distance of 238.43 feet to the
TRUE POINT OF BEGINNING.
I .
11. An easement for drainage purposes and incidental purposes in favor of The
City of Carlsbad, a municipal corporation, recorded March 12, 1984 as File
No. 84-088882 of Official Records, located within those portions of Lot
"J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 823, filed in the Office
of the Recorder of said County, November 16, 1896, said portions being
more particularly described as Parcel 1 and Parcel 2 as follows:
PARCEL 1:
Beginning at the Northerly terminus of that certain course designated as
North 02 °54'50" East 350.00 feet on Sheet 2 of 3 Sheets on Record of
Survey No. 9336, on file in the Office of the Recorder of said County;
thence South 73 °08'00" East 280.00 feet; thence North 84 °23 1 13" East
570.04 feet to a point hereinafter referred to as Point "A"; thence
retracing South 84 °23 1 13" West 32.98 feet to the True Point of Beginning;
thence North 59 °24 1 19" West 92.83 feet,; thence North 30035141 East 60.02
feet to a point on a non-tangent 270.00 foot radius curve concave
Northeasterly, a radial bearing through said point bears South 32 °11 1 12"
West; thence Southeasterly along said curve through a central angle of
03 °11 1 01" an arc distance of 15.00 feet; thence non-tangent South
30035141 West 45.35 feet; thence South 59 °24 1 19" East 97.86 feet; thence
South 84 °23'13" West 24.83 feet to THE TRUE POINT OF BEGINNING.
PARCEL 2:
Beginning at the aforementioned Point "A"; thence North 10046 tO0 East
60.00 feet; thence South 79 °14'00" East 106.68 feet to the True Point of
Beginning; thence North 42 °45 1 00" East 103.43 feet; thence South 47 °15 1 00"
East 15.00 feet; thence South 42 °45'00" West 94.07 feet; thence North
79 °14 1 00" West 17.68 feet to the TRUE POINT OF BEGINNING.
12. A Certificate of Compliance affecting the herein described property has
been recorded July 5, 1984 as File No. 84-253503 of Official Records. -
Affects Parcel 3.
13. An Agreement regarding Payment Of A Public Facilities Fee, dated 25th day
of September, 1984, upon the terms, covenants, and conditions contained
therein.
EXECUTED BY AND BETWEEN: Treetops Unlimited, a Joint Venture and THE CITY
OF CARLSBAD, a municipal corporation.
RECORDED: December 17, 1984 as File No. 84-468759 of Official Records.
. .
SCHEDULE C
The land referred to in this policy is situated in the State of California,
County of San Diego and is described as follows:
PARCEL 1:
That portion of Lot D of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County, November 16, 1896,
being more particularly described as follows:
COMMENCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO. 5,
according to Map thereof No. 7151, filed in the Office of the County Recorder
of San Diego County, December 29, 1971, being a point on the common city
limits of the City of Oceanside and the City of Carlsbad, and being also a
point on the Northerly line of land described in Parcel 1 in Deed to Don N.
Bowker as Trustee of the Martha Killefer Trust under Trust Agreement dated
February 27, 1962 said Deed being recorded September 8, 1976 as File No.
76-294347 of Official Records; thence along the Northerly boundary of the City
of Carlsbad, being along the Northerly line of said Trustee's land South
89 °19'04" West (deed-South 89 °19'35" West) 1903.60 feet to the common boundary
between said Lots D and J of RANCHO AGIJA HEDIONDA; and being the TRUE POINT OF
BEGINNING; thence along said common boundary South 13 °37 1 33" East, 765.48
feet; thence North 59 °51'59" East, 804.26 feet; thence North 13 °37'33" West,
360.00 feet to the Northerly line of said Trustee's land last hereinabove
referred to and the Northerly boundary of said City of Carlsbad; thence from
said Northerly line South 89 °19'04" West, 790.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
Those portions of Lot J of the RANCHO AGUA REDIONDA, in the City of Carlsbad,
County of San Diego, State of California, according to Partition Map thereof
No. 823, filed in the Office of the County Recorder of said County on November
16, 1896, described as follows:
Beginning at the Northeast corner of Section 4, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Diego, State of
California, said Point of Beginning being also a point in the Easterly line of
said Lot 3; thence West along the North line of said Section 4, a distance of
3252.00 feet to a point; thence North 25 °30' West, 692.30 feet to a point
distant thereon South 25 °30' East, 1115.70 feet from the Northwesterly line of
said Lot 3, said point being the TRUE POINT OF BEGINNING; thence parallel with
said Northwesterly line of said Lot, North 67 °00'00" East, 3304.88 feet to the
Easterly line of said Lot; thence along said Easterly line, North 14 °45 1 30"
West, (Record North 13 °25' West) 1126.27 feet to the Northeasterly corner of
said Lot 3; thence South 67 °00' West along the Northwesterly line of said Lot
3515.00 feet to a line which bears North 25 °30' West from the TRUE POINT OF
BEGINNING; thence South 25 °30' East, 1115.70 feet to the TRUE POINT OF
BEGINNING.
I .
EXCEPTING THEREFROM that portion described in Parcel 1 of that Deed recorded
September 10, 1982 as File No. 82-282027 of Official Records.
PARCEL 3:
All that portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 823,
filed in the Office of the County Recorder of the County of San Diego, State
of California, being more particularly described as follows:
Beginning at an angle point in the bounday of Record of Survey Map N?. 9336,
filed in the Office of said County Recorder, being the Northwesterly terminus
of that certain course shown as North 80 °35 100" West 1240.00 feet on Sheet 2
of 3 Sheets of said Record of Survey Nap No. 9336; thence along said boundary
South 80 0 35 1 00" East a distance of 92.15 feet; thence leaving said boundary
South 04 0 01 1 32" West 507.85 feet; thence North 87 °15 1 10" West 77.00 feet;
thence South 79 °14 150" West a distance of 611.50 feet (record 650.00 feet) to
a point in the Northeasterly boundary of Carlsbad Tract No. 82-16 "The Villas
at Calavera Hills", according to Map thereof No. 10860, filed in the Office of
the County Recorder of San Diego County, February 29, 1984, said point being
in the arc of a non-tangent 300.00 foot radius curve concave Southwesterly, a
radial line to said point,bears North 56 °18 1 09" East; thence Northwesterly
along the boundary of said Map No. 10860, along the arc of said curve through
a central angle of 45 °32'09" a distance of 238.42 feet; thence tangent to said
curve North 79 °14'00" West 227.57 feet; thence South 10046100n West 30.00
feet; thence South 84 °23'13" West 570.03 feet; (record 570.04 feet per said
Map No. 10860); thence North 73 °08 1 00" West 280.00 feet to an angle point in
the boundary of said Record of Survey Map No. 9336; thence leaving the
boundary of said Map No. 10860, Northeasterly along the boundary of said
Record of Survey, North 28 °37 1 41" West 482.64 feet; thence North 70 °04'37"
East (Record North 70 °04 1 46") a distance of 167.64 feet; thence South
13 046 1 34" East 176.94 feet (Record 176.97 feet); thence South 39 °00 1 23" East
372.00 feet; thence North 85°29 1 37" East 480.00 feet; North 26 0 10 1 23" West
500.00 feet; thence North 16 °49'53" West 218.38 feet; thence leaving said
boundary North 70 °04 1 37" East 1967.00 feet (Record North 70 °04 1 46" East
1966.81 feet) to an angle point in the boundary of said Record of Survey Map
No. 9336, being also a point in the arc of a non-tangent 2000.00 foot radius
curve concave Southeasterly, a radial line to said point bears North 46 °15'36
West (Record North 46 °15 1 10" West per said Record of Survey No. 9336); thence
Southwesterly along the arc of said curve through a central angle of 15 °42 1 33"
a distance of 548.35 feet (Record Delta - 15 042'39", Length - 548.41 feet)
to a point of reverse curvature with a tangent 50.00 foot radius curve concave
Northerly; thence Westerly along the arc of said curve through a central angle
of 79 °58 1 09" a distance of 69.79 feet (Record Delta - 79 05749", Length
69.78 feet); thence tangent to said curve North 72 °00 100" West a distance of
88.57 feet to the beginning of a tangent 50.00 foot radius curve concave
Southwesterly; thence Westerly and Southwesterly along the arc of said curve
through a central angle of 129 °05 1 00" a distance of 112.65 feet; thence
tangent to said curve South 21 005 100" East, a distance of 444.98 feet to the
Point of Beginning.
mr/rrr
. .
MCDONALD, IIECHT & SOLBERG
ALEX C. MCDONALD A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
A. JOHN HECHT ATTORNEYS AT LAW
DARRYLO.SOLBERG IIOO FINANCIAL SOUARE JEROLD H. GOLDBERG
PAUL E. ROBINSON' 500 ''B' STREET
THOMAS C. NELSON SAN DIEGO, CALIFORNIA 92101
ROBERTA S. ROBINSON
KATHERINE M. SO
DAVID W. BAGLEY, II
OErOT5 A PROFESSIONAL CORPORATION
TELEPHONE
AREA CODE 519
29-3444
P.LHC AN O) ':A
October 16, 1986
Ms. Linda Sanders
Pacific Scene, Inc.
3900 Harney Street
San Diego, California 92110
Re: The Knolls of Calavera Hills / Phase 5
Dear Linda:
Enclosed are copies of the recorded Common Maintenance Area
Easement and Declaration of Annexation for Phase 5 of The KnoITh
of Calavera Hills, the originals of which were recorded with the
San Diego County Recorder on September 23, 1986 and September 24,
1986, as File/Page Nos. 86-420524 and 86-421938, respectively.
Very truly yours,
McDONALD, HECHT & SOLBERG
Alex C. McDonald
ACM/aim
Enclosures
?-
L~LNJ 86 42 6 04
:cInLI) IN -
Ifl I CIAL 1CUi() .)F SAN iLGO ft, U.4
1986 SEP 23 PM $: 01
VEP.A L. LYL E I COUNT Y [COIUL.!LJ
tAX Npe n-no _qcideratic
COMPUTED ON FULL VALUE OF PROpERTy CONVEYED, OR
0 COMPUTED ON FULL VALUE LESS LIENS & [CUM.
BRANCES REMA:1:t ER•jT TJ1Y OF cDOLNAiu, riiHT
--SOLBEBG Signature of declatarit or agent determining tax Firm Name
Uninorpor Area City of. _Car,1sb ______
. 530..
Recording Requested By
and
When Recorded Return To:
McDONALD, HECHT & SOLBERG
Mr. Alex C. McDonald
1100 Financial Square
600 "B" Street
San Diego, California 92101
COMMON MAINTENANCE AREA EASEMENT
THIS COMMON MAINTENANCE AREA EASEMENT is made and entered
into at San Diego, California, as of September 16, 1986, by and
between TREETOPS UNLIMITED, a joint venture ("Grantor"), and THE
KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California
rionprof it mutual benefit corporation ("Grantee"), with reference
to the following
RECITALS:
A. Grantor is the owner of that certain real property
located in the City of Carlsbad, County of San Diego, California,
more particularly described as:
Lots 187 through 191, inclusive, of CARLSBAD
TRACT NO. 83-21 UNIT NO. 3 according to Map
thereof No. 11476 filed in the Office of the
County Recorder of San Diego County,
California, on April 1, 1986,
hereinafter called the "Servient Tenement."
O
B. Grantor has or intends to construct residential units
on each of the lots contained within the Servient Tenement and to
convey each to members of the public.
C. Grantee has been formed as a property owners associa-
tion composed of all owners of the Servient Tenement, together
with the owners of other lots, and the owner of each lot is
required to become a member of Grantee, which membership is
appurtenant to each such lot.
D. One of the purposes for which Grantee was formed is to
provide for the maintenance of certain areas located upon the
Servient Tenement ("Common Maintenance Area"), all as more
particularly set forth in that certain Declaration of Covenants,
Conditions and Restrictions made by Grantor recorded with the
Office of the County Recorder of San Diego County, California, on
April 24, 1986 at File/Page No. 86-158392 ("Declaration"), and in
the Bylaws of Grantee.
Grantor and Grantee therefore agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee an
easement as hereinafter set forth.
2. Character of Easement. The easement granted herein is
an easement in gross.
3. Description of Easement. The easement granted herein
is for landscape and drainage maintenance and for erosion
control.
-2-
. 02
4. Location. The easement granted herein is located on,
over and under that portion of the Servient Tenement which is
located within the description on Exhibit "A" attached hereto and
made a part hereof.
5. Use. The easement granted herein includes the follow-
ing uses of the Servient Tenement:
To plant, replant, water, weed, cultivate,
grade and otherwise maintain, repair and
replace the landscaping, irrigation and
drainage facilities within the easement, all
as more fully set forth in the Declaration,
the terms of which are incorporated herein by
this reference as though set forth in full.
6. Exclusiveness of Easement. The easement granted herein
is not exclusive.
7. Secondary Rights. The easement granted herein includes
the incidental rights of access on, over and under the Servient
Tenement as may be reasonably necessary to maintain the land-
scaping and drainage facilities located within the easement.
8. obligation of Grantee. Granteeagrees to maintain or
cause to be maintained the landscaping and drainage facilities
within the easement in a neat, healthy and sightly condition as
more fully set forth in the Declaration and Bylaws of Grantee.
Anything contained herein to the contrary notwithstanding,
Grantee shall have the right to drain water from the easement
onto portions of the Servient Tenement not within the easement in
accordance with the grading and improvement of the easement
-3-
.
1 0 .533
approved by the City of Carlsbad, California and installed by
Grantor.
9. Attorney's Fees. In the event of any controversy,
claim or dispute between the parties hereto relating to this
instrument or the breach hereof, the prevailing party shall be
entitled to costs of suit and such sum as the Court deems
reasonable for attorney's fees. The prevailing party shall be
the party in whose favor a final judgment is entered.
10. Binding Effect. This instrument shall bind and inure
to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument as of the date first hereinabove set forth.
TREETOPS UNLIMITED, a joint venture
BY: PACIFIC SCENE, INC.
B
BI
BY: FINANCIAL SCENE INCORPORATED
B
B
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.
3
THE KNOLLS OF CALAVERA HILLS
HOMEOWNERS ASSOCIATION
By
By
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On this day of , 19;., before me,
a Notary 'ublic in and for said
state, perpnally appeared
known to me (Gprvd_-e------the
evideøe) to be the t'Lk President, and ! , known to me (or-provedto -me-oflt-tie--basis---e.f
sát-isfact-ory--ev4'denee-) to be the .\) LPAO&a4r Seér-etay of
PACIFIC SCENE, INC., the corporation that executed the within
instrument and known to me to be the persons who executed the
within instrument on behalf of said corporation, said corporation
being known to me to be one of the joint venturers of TREETOPS
UNLIMITED, the joint venture that executed the within instrument
and acknowledged to me that such corporation executed the same as
such joint venturer and that such joint venture executed the
same. - -
WITNESS my hand and official seal.
NOTARY PUBLC
•...i..*$-*• s.SSSUUU$ISI-*SS-
Robin Lynn Stmman 14
• t: Noiaiy PuCaliforfl$$ •
kicp4OCCh : SAN •
My Comm. EA June 17. ig&:
-5-
• ... " 535
STATE OF CALIFORNIA )
- ) ss.
COUNTY OF SAN DIEGO )
On th4 s ______ day of __, l9iQ before me,
44fiJkIA N. , Ta Notary ublic in and for said
state, personally appeared E. (J.r2J
known to me (or proved to me on the basis of
_
satisfactory
evidence) to be the __ President, and
____, known to me (or proved to me on the basis of
satisfactory evidence) to be the j5+ t Secretary of
FINANCIAL SCENE INCORPORATED, the corporation that executed the
within instrument and known to me to be the persons who executed
the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of
TREETOPS UNLIMITED, the joint venture that executed the within
instrument and acknowledged to me that such corporation executed
the same as such joint venturer and that such joint venture
executed the same.
WITNESS my hand and off ic
BE7 PERALL SEAL TA
- CAUFORNIA
O CO;JNTY
ires MAY 5, 1989
seal.
Y PUBLIC
STATE OF CALIFORNIA )
ss. _-COUNTY OF SAN DIEGO ).
On this I7— day of .LL-E. 19 before me,
Notarr Public in and for said
state, personally appeared ,—y '-
personally known to me (or-_provedtQn±he --ba ---sat-i-sf-ac-
tory—ev-4deice) to be the -- President, and
personally known to me (or proved
TÔ me on the basis of satisfactory evidence) to be the Vice c.
cu Secretary of THE KNOLLS OF CALAVERA HILLS HOMEOWNERS
ASSOCIATION, the corporation that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument pursuant
to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
_
3
.+-~....+...- NOTARY PUBJC
Robin Lynn Stroman
t4otavy ptjCOfl11I q ornc,AL AL
t office tn , -6-
SAN DIEGO COUNTY +
My Comm. Ep June 17. 1988
. . 536
THOSE PORTIONS OF
HILLS UNIT NO. 3
CARLSBAD, COUNTY OF
FOLLOWING DESCRIBED
SLOPE EASEMENT
LOTS 183 THRU 198 INCLUSIVE OF
ACCORDING TO MAP THEREOF NO.
SAN DIEGO, STATE OF CALIFORNIA,
LINE:
THE KNOLLS OF CALAVERA
11476 IN THE CITY OF
LYING SOUTHERLY OF THE
BEGINNING. AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 198 SAID POINT
BEING 30.00 FEET NORTHWESTERLY ALONG SAID LINE FROM THE SOUTHEASTERLY
TERMINUS THEREOF; THENCE NORTH 82009142N EAST 230.11 FEET TO A POINT ON
THE EASTERLY LINE OF SAID LOT 193 SAID POINT BEING 32.00 FEET NORTHERLY
ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF; THENCE SOUTH
89 0 51'36 EAST 320.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 185
SAID POINT BEING 11.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY
TERMINUS THEREOF; THENCE SOUTH 82023h17N EAST 40.30 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LOT 184 SAID POINT BEING 11.00 FEET NORTHERLY ALONG
SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF; THENCE NORTH 75008h11N EAST
46.37 FEET TO THE POINT OF TERMINUS ON THE EASTERLY LINE OF SAID LOT 183
DESIGNATED AS NORTH 20025131$ EAST 50.75 FEET SAID POINT OF TERMINUS BEING
15.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF.
RRIBIT 4
•HIBIT "C" j;..
ç I
/L1LA 2 4 1987
1
THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION
August 24, 1987
TO: Pete Schofield, Pacific Scene, Inc.
FROM: Knolls Board of Directors
RE: "Agreement Re. Responsibility for Maintenance
of Common Areas"
At the Board meeting held August 19, 1987, Corrine advised the
Board of your offer to pay one--half of maintenance costs paid to
NISSHO Enterprises, as well as paying those amounts paid to
Dock-ry Landscaping for irrigation repairs and for the chemical
treatment to the model homes.
'r cIi-scu-s ion-, t h-e---Bo as' d was of t h e -p i.n.io that... yo us- a f f r
for the HISSHO Enterprises portion of the reimbursement request
was not sufficient to cover the damage which has occurred to the
landscaping area. In addition, the irrigation deficiencies which
have occurred has required an enormous amount of time by Board
members, the Common Area Committee, and 6. R. 6. Management
Company, to attempt to correct these deficiencies.
The Board made the motion to settle the NISSHO costs by Pacific
Scene reimbursing 3/4ths of the amount--$5,535. The motion
carried.
In addition, following the walk-through by the City of Carlsbad
on August 20, 1987, the Common Area Committee is recommending to
the Board that an additional allowance of $2,800 be included in
the settlement agreement to cover the following items:
1. Labor to. plant 200 trees, shrubs, or comparable
plantings which Pacific Sceyip will . provide to The
Knolls, and which is acc.eptable to the City of
Carlsbad.
2. Re-hydroseeding of the Simsbury berm and the Milford
slopes in the fall as recommended by the City.
3. Absorb the maintenance costs and assume
responsibility for -the survival of the newly .planted
ice plants in lower Knolls, the newly hydroseeded slope
behind the cul-de-sac area on Simsbury Court, and all
thó new trees and shrubs which are to be planted by The
Knolls which ordinarily would have been covered by the
installing landscaper for as "30-day period. This will
include the cost for fertilizers, etc
.
Memo to Pacific Scene
August 21, 1987
Page Two
4. Absorb the costs for any further irrigation line breaks
and repairs which could be a costly item inasmuch as
..tbyep major irrigation line breaks have occurred within
the past month.
S. Absorb the cost for adjustments which need to be made
to sprinkler heads to obtain adequate coverage in
various areas throughout The Knolls. (This does not
include those sprinkler heads which are to be replaced
Evergreen Nursuries at the top of the Milford slopes.).
The following amount is requested in order to settle the long.-
standing frustrations involving the common areas
HISSHO ENTERPRISES
Feb.--$1334.50
Mar.--$1521.70
Apo.--$1521.70
May --$1480.64
June--$1521. 70
TOTAL $7,380.24
$5,535.00
DOCKRY LANDSCAPING
7-23-87 $1,130.17
7-29-87 $ 342.11
TF1O[ENTERPRISES
Chemical treatment
to model homes.
4/14/87
MAINTENANCE/REPLANTING
ALLOWANCE
TOTAL.
$1,472.28
• $ 3000O
•
$2800.00
$ 10,107.28
U 1111*% 617 77200 CO-200
CHECK NO. 231131
;.;i •R INVOICE DATE INVOICE DESCRIPTION GROSS AMOUNT DISCOUNTS, TAXES. RETENTIONS NET AMOUNT
8/31/87 LANECSAPE BEFICIEI 10107.28 10107.2
TOTALS #I 10107.28 10107.281
TREETOPS UNLIMITED BANKOFAMERIcA
'. 3900 HARNEY STREET ' •. LA JOLLA INDUSTRIAL CHECKDATE CHECK NUMBER CORPORATE BANKING #1451 SAN DIEGO, CALIFORNIA DISBURSEMENT ACC,0UNT 9/01/87
619-299-5100 92110 66-156 13
531
EXACTLY *s*3c*3c8.10,107DOLLARS. AND.20/00-----------.
PAY TO THE ORDER OF CHECK AMOUNT
-
$10,107.28 **
KNOLLS AT CALAVERA HILLS 7?)(thi) /'7ëf/A)
F.O, BOX 1803 C/U GRG MANAGEMENT COMPANY CARLSBAD, CALIFORNIA
92000
..........f-IIUNAL
"i.I )II III CAROL INA • 23 1 L 3 10 .:o 53 LO L s ': ?iqa soq'. Li"
.
S
CITY OF CARLSBAD (
1200 ELM AVENUE CARLSBAD, CALIFORNIA, 92008
438-5621
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REC'D FROM_/ /;1I(;/: i (:. DATE
ACCOUNT NO. .óE TS I\ON AMOUNT
RECEIPT NO.51502 TOTAL /3/c)