HomeMy WebLinkAboutCT 84-23; MEADOWS; Tentative Map (CT)LAND US?PLUANNINI3 A P PLICATION
DIScRETIORY ACTIN
REQUEST
0 Zone Change 0 Specific Plan
0 General Plan Amendment 0 Site Development Plan
Tentative Tract Map 1Conditional Use Permit
)Major Planned Development tjVariance
o Master Plan CI Planning Cainission Determination
0 Major Redevelopment Permit []Special Use Permit
O Minor Redevelopment Permit (j Structure Relocation
Precise Development Plan
(check other boxes ifappropriate)
citplete Description of Project (attach aiditional sheets if necessary)
THE APPLICANT PROPOSES A 334 UNIT TENTATIVE TRACT MAP AND PLANNED
UNIT DEVELOPMENT LOCATED ON 43.6 ACRES AT THE NORTHWESTERLY CORNER
OF MELROSE AVENUE AND CORINTIA STREET. THE RESIDENTIAL DEVELOPMENT
WILL CONSIST OF (230) SINGLE FAMILY DETACHED (ZERO LOT LINE) UNITS
(104) APARTMENT UNITS AND (3) RECREATION LOTS.
Legal Description (ccaT!plete)
PARCEL NO. 2 OF PARCEL MAP NO. 10179 IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO AND STATE OF CALIFORNIA.
Assessors Parcel Number
22 —.c2/'.j3
Zone General Plan Existing Land Use
RDM-Q RM 4-10 VACANT
Proposed Zone Proposed General Plan Site Acreage
SAME (DEVELOP SAME 43.6 ACRES
UNDER PD AND RDI)
XQ}er APPLICANT Al4.eaRt OWNER
Name (Print or Type) Name (Print or Type)
PATRICK DEVELOPMENT COMPANY AETNA CAPITAL CORPORATION
THE GREENS ASSOCIATES
Mailing Address Mailing Address
2643 FOURTH AVENUE 840 NEWPORT CENTER DRIVE
C ity and State Zip Telephone City and State Zip Telephon
SAN DIEGO, CA. 92103 (619) 231 3637 NEWPORT BEACH, CA. 92660(714)
OWNERS REPRESENTATIVE LEGAL OWNER 720 1938
I CERTIFY THAT I AM THE -ER AND I CERTIFY THAT I AM THE THAT ALL THE ABOVE nolATIaJ IS 1JE AND ¶LHNr ALL THE ABOVE INFOR4ATICt IS IWJE
ND CORRECT TO THE BEST OF .ff n4MMGE . AND (jppcq TO THE BEST OF MY IJLEDC.
SIq 'PATURE DATE
(:;~e jlt!~~
Si DATE
)ate AWlicaticfl Rsc'd Tstdf 'AUIgnSd C /7f/J7J
`11/ tfiL
tar the informatiOr1Ou have submitted has been reiew.d, it. is determined
that fu.ther informatiOeqUired, you will be so ac.
APPLICANT: AETNA CAPITAL CORPORAT!ON
Name (individual, partnership, joint venture, corporation, syndication)
40 Newport Center Drive, Newport Beach, CA 92660
AGENT:
MEMBERS:
Business Address
-(714)720-1938
Telephone Number
THE GREENS ASSOCIATES
Name
2643 Fourth Avenue
Business Address
(619) 231-3637
Telephone Number
Georcie_T._Krur 1 1306HiddenMountainDrive
Name (individual, partner, joint Borne Address
venture, corporation, syndication)
2643 Fourth Avenue, San Diego, CA 92103
Business Address
231-3637
Telephone Number Telephone Number
William Patrick Kruer 975 Muirlands Drive, La Jolla
Rome Address
2643 Fourth Avenue , San Diego, CA 92103
Business Address
231-3637
Talephon. Ntber Telephone Number
Mathew R. Loonin 2705 Ocean Front Walk, San Diego, CA 92109
2643FourthAvenue,SanDiego,CA92103
Business Address
231-3637
Telephone
(Attach more sheets if necessary)
I/Te 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.
A
_________
,cI) NACAPITAL __________________
App i1it
By: THE GREENS ASS A
I N
TES, v , Agent
BY _
Agert, tte, -
George T. Kruer, Agent -
S. S.
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.
• "
Sig.ature Date
660erwc ,r
4cJS
Name (Print Re bionship to Application
(Property Owner-Agent)
1'flPM. PT.1MT?.3( 7 tTTC.fl 1/Q(
•.
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 partner or 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.
ISSUING OFFICE: CALIFORNIA WORLD TITLE COMPANY
4542 PUFFER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
• PATRICK DEVELOPMERT
• 2643 4TH AVENUE
• SAN DIECO, CA 92103
Attention: MATT LOONIN Your No. 83-1003/PATRICK on'.
Our No. 64473-05
AMENDED
Dated as of . . . p..............19.84. at 7:30 AM.
In response to the above referenced application for a policy of title insurance,
CONTINENTAL LAND TITLE COMPANY
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies of Title Insurance describing the land and the estate or interest therein hereinafter set
forth, insuring against loss which may be sustained by reason of any defect, lien or en-
cumbrance not shown or referred to as an Exception in Schedule B or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in the attached list. Copies of the Policy forms should be read. They are available from the office
which issued this report.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE
AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED
PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMIT-
MENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy 0
2. American Land Title Association Owner's Policy Form B 0
3. American Land Title Association Residential Title Insurance Policy 0
4. American Land Title Association Loan Polic 0
... Title Officer/I RALPH ARM ITA
(
Issuing Policies of
wyeiitIeJnsurancerpomt1on '
SCHEDULE A
Order No.:
The estate or Interest In the land hereinafter described or referred to covered by this report Is:
A FEE
Title to said estate or interest at the date hereof is vested in:
AETNA CAPITAL COMPANY, A CALIFORNIA CX)RPOKATION
The land referred to in this report is situated in the State of California, County of
and is described as follows: SAN DIEGO
SEE ATTACHED LEGAL DESCRIPTION
1
CLTA PreIIcnky Nport Form
4b
PARCEL At
PARCEL 2 OF PARCEL MAP MO. 10179, I ThE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACOPDING TO MAP THEREOF FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1990, BEING A
DIVISION OF PORTIONS OF SECTIONS 19, 29, 30 AND 31, TCMWSHIP 12 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN. PARTLY IN THE CITY OF CARLSBAD,
ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
FLAT THEREOF,
PARCEL B: S
AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF
THE NORTHWESTERLY 30 FEET OF PARCEL 4 Of SAID PARCEL MAP NO. 10179
SHOWN AS "60 FOOT RESERVED FOR FUTURE STREET", WHICH LIES SOUTHEASTERLY
OF AND IMMEDIATELY ADJACENT TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2.
SCHEDULE B
Order No.:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated
on the face page of this report would be as follows:
1. GENERAL AND SPECIAL CITY AND COUNTY TAXES
POP THE FISCAL YEAR s 1984-185
A LIEN PlOT YET PATARLE,
2, IRE LIEN OF SUPPLEMENTAL TAXES, IF ANT, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 01 THE STATE OF
CAUFORW1A.
3, AN EASEMENT AFFECTING TUE PORTION OF SAID LAND AND FOR THE PflRPOSFS
STATED HEREIN, AND IJCIDENTAL PflNPQSES
IN FAVOR OF : THE SAN DISCO CONSOLIDATED GAS AND ELECTRIC
COPPANT, A CORPORATION
FOR 9 THE TRA?SMISSION OF ELECTRIC CURRENT FOR ALL
PURPOSES FOR WHICH IT MAY HE USED
RECORDED JULY 1, 1917 IN NnOK 722, PAGE 481 OF DEEDS
AFFECTS A STRIP OF LAND TEN FEET IN VIDTS. THE CENTER
LINE LW IMICH IS DESCRIBED AS POLLClS:
fiECINN1NC AT A POINT WRICK IS NORTH NO DECREES 30 MINUTS WEST, DISTANT
712.1 FEET FROM THE CORNER OF SECTION 19.20, 29 & 30 TOWNSHIP 12 SOUTH,
RANGE 3 WEST; THENCE SOUTH 34 DEGREES 07 MINUTES WEST, 1389.1 FEET;
ALSO A STRIP OF LAND TWO FEET IN WIDTH, THE CENTER LINE Of WHICR IS
DF.SCRIRED AS VDLL(S: COMYNCINC AT THE ENDING OF THE LAST AEOVE
DESCRIBED STRIP OF LAND; THENCE SOUTH 34 DECREES 07 MINUTES WEST,
998 FEET; THENCE SOUTH NO DECREES 18 MINUTES EAST, 3325 feet, HEINC IN
SECTIONS 19, 29, 4 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST.
4, AN EASEMENT AFFECTING THE PORTION Of SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
LW FAVOR OF : SAW DIEGO GAS AND ELECTRIC CX)MPAPIY
FOR : POLES, WIRES AND ANCHORS
RECORDED : FEBROARY 16, 1920 AS FILE/PACE NO. 4394
IN *cr 798, PACE 246 OF DEEDS
AFFECTS : THAT PORTION OF SAID LAND LYING WITHIN A STRIP
OF LAND 2 FEET IN WIDTH, IN SECTIONS 19 AND 30
OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARD IWO MERIDIAN
CLTA PreI}mtnOry Report Foim
5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : LA COSTA LAND COMPANY
FOR z ROAD PURPOSES
RECORDED : JULY II, 1980 AS PILE/PACE NO. 80-217365
AFFECTS : THE S(XJEHEASTERLT 30 FEET OF PARCEL A HEREIN
DESCRLRED SHOWN ON SAID PARCEL MAP AS "60 rOOT
RESERVED FOR FUTURE STREET"
6. AN EASEMENT OVER THAT PORTION OF SAID LAND INCLUDED WITHIN 926'
PROPOSED HELROSE DRIVE" AS SHOWN ON PARCEL MAP 10179.
7, AN EASEMENT AFFECTING THE PORTION OF SAID lAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : LA COSTA LAND CO.
FOR : ROAD
RECORDED : JULY 11, 1980 AS FILE/PAGE NO. 80-217365
AFFECTS : OVER, UNDER, ALONG AND ACROSS THE SOUTHEASTERLY
30 FEET OF SAID LAND, SHOWN ON SAID PARCEL MAP
AS "60 FOOT RESERVED FOR FUTURE STREET"
8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR
THE PURPOSES STATE!) HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT
FOR : DRAINAGE
RECORDED : APRIL 16, 1981 AS FILE/PACE NO. 81-117295
AFFECTS : AS FOLL(MS:
PARCEL NO. 81-0144-A (2-4-81) (SC:LT:Afi)
THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP NO, 10179, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEl MAP NO. 10179 BEING FIlED
IN THE OFFICE OF THE RECORDER OF SAID COUNTY JUNE 27, 180, DESCRIBED
AS FOLLOWS:
PARCEL 1:
THAT PORTION OF SAID PARCEL 2 LYING WITHIN A 12.00 FOOT WIDE STRIP
OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
C(1ENCINC AT THE MOST SOUTH?RL? CORNER OF SAID PARCEL 2, SAID POINT
BEING ON THF ARC OF A 500.00 FOOT RADIUS CURVE CONCAVE NORTH'.ESTERLY,
A RADIAL LINE OF SAID CURVE BEARS SOUTH. 32 0 38 1 11" EAST TO SAIDPOINT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTPAL ANGLE
OF 48'50 1 06" A DISTANCE OF 426.17 FEET: THENCE TANGENT TO SAID CURVE
NORTH 0831'43" FAST, 65.28 FEET; TPENCE LEAVING SAID BOUNDARY NORTR
81 0 28 1 17: WEST, 30.00 FEET 01 THE TRUE POINT OF BEGINNING; THFJ4CE
CONTINUING NORTH 8128 1 17" WEST, 25.00 FEET TO THE POINT OF TERII1NUS,
PARCEL 2:
THAT PORTION OF SAID PARCEL 2 OF PARCEL MAP NO, 10179 DESCRIBED AS
FOLLOWS:
C4MENC1NC Al THE MOST EASTERLY CORNFR OF SAID PARCEL 2 OF PAPCEL rAP
NO. 10179; THENCE NORTH 35'25'44" WEST, ALONG THE NORTHEASTERLY LINE
OF SAID PARCEl. 2 01F PARCEL MAP NO, 1017 0 A DISTANCE OF 786,87 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 5434'16" WEST, 63.00
FEET; THENCE SOUTH 35 025 144" EAST, 19.17 FEET TO THE TRUE POINT OF
INNING; THENCE CONTINUING SOUTH 35'25'44 EAST, 13.26 FEET; THENCE
SOUTH 79'46 120" WEST, 29.82 FEET: THENCE NORTH 10' 13'40" WEST, 12.00
FEET; THENCE NORTH 79'46 120" EAST, 24e118 FEET TO THE TRUE POINT OF
INKING.
PARCEL 3:
THAT PORTION Of SAID PARCEL 2 OF PARCEL MAP NO. 10179 LYING WITHIN A
12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00
FEET ON EACH SIDE OF THE l.UflNG DESCRIBET) CENTERLINE:
CMENCING AT THE HOST EASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP
NO. 10179; THENCE NORTH 35'2544" WEST ALONG THE NORTHEAST.FRLY LINE OF
SAID PARCEL 2 OF PARCEL NAP NO, 10179 A DISTANCE OF 384.52 FEET: THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 54 0 34'16" WEST, 63.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 54'34'16" WEST,
62.00 FEET TO THE POINT OF TERMINUS.
PARCEL 41
THAT PORTION OF SAID PARCEL 2 OF PARCEL MAP NO. 10179 LYING WITHIN A
12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00
FEET ON EACH SIDE OF THE POLLcM1NC DESCRIBED CENTERLINE:
COMMENCING AT THE HOST EASTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL
MAP NO, 10179; THENCE SOUTH 5434'16" WEST ALONG THE SOUTHERLY BOUNDARY
OF SAID PARCEL 2 OF PARCEL MAP NO. 1017 A DISTANCE OF 197.09 FEET; THENCE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 35 °25 1 44" WEST, 30.00 FEET TO TUE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 3525 1 44' WEST, 15,00
FEET TO THE POINT OF TERMLNUS,
9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREiN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE CITY OF CARLSBAD, A IMUNICIPAL. CORPORATION
FOR : STREET AND HiGHWAY PURPOSES
RECORDED : APRIL 24, 1981 AS FILE/PACE NO, 91-126304
AFFECTS : AS FOLL(!S:
C44ENCINC AT TRF HOST SOUTHEASTERLY CORNER OF PARCEL 7 0? SAID PARCEL
NAP NO. 10179; THENCE SOUTH 54'34'16" WEST, 13.95 FEET; THENCE SOUTH
350 25'44" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ON THE BEGINNING OF A NON—TANGENT 470.00 FOOT RADIUS CURVE (X)NCAVF
SOtTfNF.ASTEPLT, A RADIAL LINE TO SAID POINT BEARS NORTH 35'25'44" WEST;
THENCE SOUTESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
ft
OF 4602'33" A DISTANCE OF 377.69 FEET: THENCE TANGENT TO SAIl) CURVE
SOUTH 0831'43" WEST, 200.63 FEET TO THE 1EC1NNINC OF A TANGENT 530.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTLJESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5532 1 40' A DISTANCE OF
513.80 FEET TO A POINT, A RADIAL LINE TO SAID POINT REARS SOUTH 2555'37'
EAST; THENCE LEAVING SAID CURVE AND ALONG SAID RADIAL LIVE NORTH 250 55 1 37"
WEST, 60.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 670.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT REARS SOUTH
2555'37" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 5532'40" A DISTANCE OF 455.63 FEET; THENCE TANGENT TO
SAID CURVE NORTH 0831'43" EAST, 200.63 FEET TO THE BEGINNING OF A TANGENT
530.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALOPG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4602 1 33" A DISTANCE OF
425.90 FEET; THENCE TANGENT TO SAID CURVE NORTH 543016" EAST, 51,05 FEET
TO THE RECINNLNG OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 90'010'00" A DISTANCE OF 39.27 FEET TO A
POINT OF CUSP, A RADIAL LINE TO SAID MINT REARS NORTH 5434'16" EAST,
THENCE LEAVING SAID CURVE SOUTH 35'2544" EAST, 110.00 FEET TO A POINT
OF CUSP WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY. A RADIAL LINE TO
SAID POINT BEARS NORTH 5434 1 16" LAST; THENCE NORTHWESTERLY AND WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9000'00" A DISTANCE
OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 5434'16" WEST, 51.95
FEET TO THE TRUE POINT OF BEGINNING.
10. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED : JULY 8, 1983
RY AND BETWEEN : THE WOODWARD COMPANIES AND THE CITY OF
CARLSBAD
REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : SEPTEMBER 23, 1981 AS FILE/PAGE NO. 81-302951
11. AN AGREEMENT TO WHICH REFERENCE IS ITERERY MADE FOR FULL
PARTICULARS
DATED : JULY 27, 1981
BY AND BETWEEN : THE WOODWARD COMPANIES, AETNA CAPITAL CORPORATION
AND THE CITY OF CARLSBAD
REGARDING 2 PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED SEPTEMBER 25, 1981 AS Fill/PAGE MC, 81-305686
12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR
THE PURPOSES STATED HEREIN, AND INCIDENTAL PUNPOSES
IN FAVOR OF : THE COUNTY OF SAN DIEGO
FOR : COUNTY HIGHWAY
RECORDED : APRIL 7, 1982 AS FILE/PAGE NO. 82-095262
AFFECTS : THE NORTHEASTERLY 63.00 FEET OF PARCEL 2 Of
PARCEL MAP NO, 10179, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
AND LYING WITHIN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS SHC7N ON SAID MAP NO. 30179,
BEING A PORTION Of 126.00 FOOT WIDE MELROSE DRIVE
PROPOSED
SAID IP4STRTJMEWI ALSO GRANTS TE RIGHT TO EXTEND AND MAINTAIN
DRA1NACE STRUCTURES AND EXCAVATION AND EMTANP4ENT SLOPES BEYOND
THE LIMITS OF SAID RIGHT OF WAY WHERE RX)ULRED FOR CONSTRUCTION
AND MAINTENANCE,
13. ANY MATTERS WRICH MAY !E DISCLOSED Y AN INSPECTION OF SAID
LAND.
14. ANY TAXES, RONDS, OR ASSESSMENTS WILL RE REPORTED IJLTER,
TAX FOR FISCAL YEAR : 1983-1954
CODE AREA : 09076
PARCEL NO. : 223-021-13
LAND : $4,738.920
IMPROVEMENTS : NONE
PERSONAL : NONE
EXEMPTION : NONE
ANY OTHER EXEMPTIONS : NONE
FIRST INSTALLMENT $29.017.71 PAID
SECOND INSTALLMENT : $29,017.71 PAID
I MAP I\O. 10179
SHEET 3 OF 5 SHEETS
AREA 5 5.90,; ACRES
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PARCEL 2
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PARCEL 4 AREA 43GI8 ACRES /
-SEE DETAtL*10'
• - ................•.- •• SE€ SHEET NO. 5 •
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DETAIL A
-
DETAIL B
S - .?. • I •-------_•.-----_ - _____---___ - g - 6983. -
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I .
.ç AMER1
_ I
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808)SAN DIEGO, CALIFORNIA 92101 • (619)238-1776
December 13, 1984
February 26, 1985 AMENDED
BREHM COMMUNITIES
2835 Camino del Rio South, Suite 220
San Diego, California
Attn: BILL HOOVER
Your No. CARLSBAD TRACT NO. 84-23
Our Order No. 892830-20
In response to the above referenced application for a policy of title insurance,
this Company hereby reports that It is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the
land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy
forms. The printed Exceptions and Exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy forms
should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the
purpose of facilitating the issuance of a policy of title insurance and no
liability is assumed hereby. If it is desired that liability be assumed prior
to the Issuance of a policy of title insurance, a Binder or Commitme should be
requested. \
Dated as of February 20, 1985 at 7:30 a.m.
CALVIN F. SCROGGINS/ci TITLE/OFFICER
The form of policy title insurance contemplated by this report is: SMG
Title to said estate or interest at the date hereof is vested in:
BREHM COMMUNITIES, a California corporation
The estate or interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
SEE LEGAL DESCRIPTION ATTACHED
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
SEE FOLLOWING PAGES ATTACHED
1
ORDER NO. 892830-20
PAGE NO. 2
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
. Second Installment, General and Special taxes for the fiscal year 1984-85.
2. A 1915 Act Bond, currently collected on the tax roll, Assessment No. 101,
District 76-3 of San Marcos County Water District, in the City of Carlsbad.
3. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of
1983 of the State of California.
4. An easement for poles, wires and anchors and incidental purposes in favor of
San Diego Gas & Electric Company, recorded February 16, 1920 in Book 798,
page 246 of Deeds, described as follows:
A strip of land 2 feet in width lying 1 foot on each side of the following
described center line:
Beginning at the Southwest corner of Section 19, Township 12 South, Range
3 West, San Bernardino Base and Meridian; thence North 88 °08' East, 3160
feet; thence North 87 °31' East 1939 feet; thence North 27 °44' East, 1484
feet.
Reference is made to said instrument for further particulars.
5. 126 foot Proposes Melrose Drive and 60 foot reserved for Future Street as shown
on said Parcel Map.
6. An easement for road and incidental purposes in favor of La Costa Land Company,
recorded July 11, 1980 as File No. 80-217365 of Official Records, located within
the Southeasterly 30 feet of Parcel A herein described, shown on said Parcel
Map as "60 Foot Reserved For Future Street".
The interest of LA COSTA LAND COMPANY has since passed and is now vested in
DAON CORPORATION.
7. An easement for an enclosed or unenclosed flood drainage channel and for
the flowage of any waters and incidental purposes in favor of SAN DIEGO
COUNTY DRAINAGE MAINTENANCE DISTRICT, recorded April 16, 1981 as File No.
81-117295 of Official Records, described as follows:
Those portions of Parcel 2 of Parcel Map No. 10179, in the County of San
Diego, State of California, said Parcel Map No. 10179 being filed in the
Office of the Recorder of San Diego County June 27, 1980, described as
follows:
Parcel 1
That portion of said Parcel 2 lying within a 12.00 foot wide strip of
land, the sidelines of said strip lying 6.00 feet on each side of the
following described centerline:
ORDER NO. 892830-20 1
PAGE NO. 3
Commencing at the most Southerly corner of said Parcel 2, said point being
on the arc of a 500.00 foot radius curve concave Northwesterly, a radial
line of said curve bears South 32 °38 1 11" East to said point; thence
Northeasterly along the arc of said curve through a central angle of
48 °50'06" a distance of 426.17 feet; thence tangent to said curve North
08 °31'43" East, 65.28 feet; thence leaving said boundary North 81028?17
West, 30.00 feet to the True Point of Beginning; thence continuing North
81 028t17 West, 25.00 feet to the point of terminus.
Parcel 2
That portion of said Parcel 2 of Parcel Map No. 10179 described as
follows:
Commencing at the most Easterly corner of said Parcel 2 of Parcel Map No.
10179; thence North 35 °25'44" West, along the Northeasterly line of said
Parcel 2 of Parcel Map No. 10179 a distance of 786.87 feet; thence leaving
said Northeasterly line South 54 °34 1 16" West, 63.00 feet; thence South
35 °25'44" East, 19.17 feet to the True Point of Beginning; thence
continuing South 35 °25'44" East, 13.26 feet; thence South 79 °46'20" West,
29.82 feet; thence North 10 °13'40" West, 12.00 feet; thence North
79 °46'20" East, 24.18 feet to the True Point of Beginning.
PARCEL 3
That portion of said Parcel 2 of Parcel Map No. 10179 lying within a 12.00
foot wide strip of land, the sidelines of said strip lying 6.00 feet on
each side of the following described centerline:
Commencing at the most Easterly corner of said Parcel 2 of Parcel Map No.
10179; thence North 35 °25 1 44" West along the Northeasterly line of said
Parcel 2 of Parcel Map No. 10179 a distance of 384.52 feet; thence leaving
said Northeasterly line South 54 °34'16" West, 63.00 feet to the True Point
of Beginning; thence continuing South 54 °34'16" West, 62.00 feet to the
point of terminus.
Parcel 4
That portion of said Parcel 2 of Parcel Map No. 10179 lying within a 12.00
foot wide strip of land, the sidelines of said strip lying 6.00 feet on
each side of the following described centerline:
Commencing at the most Easterly corner of said Parcel 2 of said Parcel Map
No. 10179; thence South 54 °34'16" West along the Southerly boundary of
said Parcel 2 of Parcel Map No. 10179 a distance of 97.09 feet; thence
leaving said Southerly boundary North 35 °25 1 44" West, 30.00 feet to the
True Point of Beginning; thence continuing North 35 °2544" West, 15.00
feet to the point of terminus.
Reference is made to said instrument for further particulars.
8. An easement for street and highway and incidental purposes in favor of
CITY OF CARLSBAD, a municipal corporation, recorded April 24, 1981 as File
No. 81-126304 of Official Records, described as follows:
.
I
ORDER No. 892830-20
PAGE NO. 4
Commencing at the most Southeasterly corner of Parcel 2 of said Parcel Map
No. 10179; thence South 54 °34'16" West, 139.95 feet; thence South
35 0 25 1 44 East, 30.00 feet to the True Point of Beginning, said point
being on the beginning of a non-tangent 470.00 foot radius curve concave
Southeasterly, a radial line to said point bears North 35 °2544" West;
thence Southwesterly along the arc of said curve through a central angle
of 46 °02'33' a distance of 377.69 feet; thence tangent to said curve South
08 °31'43" West, 200.63 feet to the beginning of a tangent 530.00 foot
radius curve concave Northwesterly; thence Southwesterly along the are of
said curve through a central angle of 55 °32 1 40' a distance of 513.80 feet
to a point, a radial line to said point bears South 25 °55 1 37" East; thence
leaving said curve and along said radial line North 25 °55 1 37" West, 60.00
feet to a point on the arc of a non-tangent 470.00 foot radius curve
concave Northwesterly, a radial line to said point bears South 25 °55'37"
East; thence Northeasterly along the arc of said curve through a central
angle of 55 °32'40" a distance of 455.63 feet; thence tangent to said curve
North 08 °31'43" East, 200.63 feet to the beginning of a tangent 530.00
foot radius curve concave Southeasterly; thence Northeasterly along the
arc of said curve through a central angle of 46 °02'33" a distance of
425.90 feet; thence tangent to said curve North 54 °34 1 16" East, 51.95 feet
to the beginning of a tangent 25.00 foot radius curve concave Westerly;
thence Northeasterly, Northerly and Northwesterly along the arc of said
curve through a central angle of 90 °00'00' a distance of 39.27 feet to a
point of cusp, a radial line to said point bears North 54 °34 1 16 East,
thence leaving said curve South 35 °25'44" East, 110.00 feet to a point of
cusp with a 25.00 foot radius curve concave Southerly, a radial line to
said point bears North 54 °34'16" East; thence Northwesterly and Westerly
along the arc of said curve through a central angle of 90 °00 1 00" a
distance of 39.27 feet; thence tangent to said curve South 54 °34'16" West,
51.95 feet to the True Point of Beginning.
Except therefrom any easements of record.
Reference is made to said instrument for further particulars.
9. An Agreement regarding public facilities fee, dated July 8, 1981, upon the
terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: DAON CORPORATION and THE CITY OF CARLSBAD, a
municipal corporation.
RECORDED: September 8, 1981 as File No. 81-286838 of Official Records.
Reference is made to said instrument for further particulars.
10. An Agreement regarding public facilities fee, dated July 8, 1981, upon the
terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: The Woodward Companies and THE CITY OF CARLSBAD,
a municipal corporation.
RECORDED: September 23, 1981 as File No. 81-302951 of Official Records.
Reference is made to said instrument for further particulars.
ORDER NO. 892830-20 I I
PAGE NO. 5
11. The privilege and right to extend drainage structures and excavation and
embankment slopes beyond the limits of Melrose Drive where required for
the construction and maintenance of said Drive as conveyed to the County
of San Diego in Deed recorded April 7, 1982 as File No. 82-095262 of.
Official Records.
12. An agreement regarding public facilities fee, dated January 6, 1983, upon
the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: THE WOODWARD COMPANIES and THE CITY OF CARLSBAD,
a municipal corporation.
RECORDED: January 20, 1983 as File No. 83-020857 of Official Records.
Reference is made to said instrument for further particulars.
13. A Deed of Trust to secure an indebtedness in the original principal sum of
$587,263.00, and any other amounts and/or obligaitons secured thereby,
recorded. June 7, 1984 as File No. 84-214363 of Official Records.
DATED: May 22, 1984
TRTJSTOR: AETNA CAPITAL CORPORATION
TRUSTEE: STEWART TITLE COMPANY of Southern California, a California
corporation
BENEFICIARY: SAN MARCOS UNIFIED SCHOOL DISTRICT
Affects the property herein described with other property.
Will be eliminated prior to recordation of proposed map.
14. A Deed of Trust to secure an indebtedness in the original principal sum of
$11,857,000.00, and any other amounts and/or obligations secured thereby,
recorded November 26, 1984 as File No. 84-440460 of Official Records.
DATED: November 20, 1984
TRUSTOR: BREHM COMMUNITIES, a California corporation
TRUSTEE: HONE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation
BENEFICIARY: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation
organized and existing under the laws of The United States of
America
15. An Agreement regarding a public facilities fee, dated May 25, 1984, upon the
terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: THE GREENS ASSOCIATES, a partnership and THE CITY
OF CARLSBAD, a municipal corporation.
RECORDED: December 17, 1984 as File No. 84-468760 of Official Records.
16. A Deed of Trust to secure an indebtedness in the original principal sum of
$627,924.00, and any other amounts and/or obligations secured thereby, recorded
January 22, 1985 as File No. 85-021201 of Official Records.
DATED: December 6, 1984
TRUSTOR: BREHM COMMUNITIES, a California corporation
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation
BENEFICIARY: SAN MARCOS UNIFIED SCHOOL DISTRICT
ORDER NO. 892830-20
PAGE NO. 6
1984-85 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09076
223-021-13
$29,187.56 PAID
$29,187.56 NOT PAID
$4,833,698.00
$-o-
$-o-
LEGAL DESCRIPTION
ORDER NO. 892830-15
PERIMETER LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
That portion of Parcel 2 of Parcel Map No. 10179, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, June 27, 1980 as File No. 80-204502 of Official Records, and
being more particularly described as follows:
Beginning at the most Westerly corner of said Parcel 2; thence North 70 0 00'00"
East 1009.19 feet to the beginning of a non-tangent 3263.00 foot radius curve
concave Northeasterly, a radial line to said point bears South 68 °22'25" West'
thence Southeasterly along said curve through a central angle of 13°48'09" a
distance of 786.06 feet; thence tangent to said curve South 35 025'44" East 786.87
feet; thence South 54 °34'16" West 76.95 feet to the beginning of a tangent 500.00
foot radius curve concave Southeasterly; thence Southwesterly and Southerly along
said curve through a central angle of 46 °02'33" a distance of 401.80 feet; thence
tangent to said curve South 8 °31'43" West 200.63 feet to the beginning of a tangent
500.00 foot radius curve concave Northwesterly; thence Southerly and Southwesterly
along said curve through a central angle of 48 °50'06" a distance of 426.17 feet;
thence non-tangent to said curve North 23°06'00" West 648.81 feet; thence North
7700'00" West 330.64 feet; thence North 28 °00'00" West 375.00 feet; thence North
19 0 58'11" West 357.92 feet; thence North 28°00'00" West 210.35 feet; thence North
55 0 03'58" West 97.78 feet; thence North 33 0 36'30" West 261.02 feet; thence North
28 °00'00" West 125.00 feet to the Point of Beginning.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 223-021-13
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2fday of ________, 19
by and between
THE GREENS ASSOCIATES
(Name of Developer)
a PARTNERSHIP , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
2643 FOURTH AVENUE
(Street) SAN DIEGO, CALIFORNIA 92103
City, State, Zip Code
and AETNA CAPITAL CORPORATION
(Name of Legal Owner)
a CORPORATION , hereinafter referred to as
(Corporation, etc.)
"Owner" whose addrei& is
840 NEWPORT CENTER DRIVE
(Street)
NEWPORT BEACH, CALIFORNIA 92660
City, State, Zip Code
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
C
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEti:
PARCEL 2 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980, BEING A
DIVISION OF PORTIONS OF SECTIONS 19, 29, 30 AND 31, TOWNSHIP 12 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, PARTLY IN THE CITY OF CARLSBAD,
ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
FLAT THEREOF.
PARCEL B:
AN EASEMENT FOR ROAD P.RPOSES OVER, ALONG AND ACROSS THAT PORTION OF
THE NORTHWESTERLY 30 FEET OF PARCEL 4 OF SAID PARCEL MAP NO. 10179
SHOWN AS "60 FOOT RESERVED FOR FUflRE STREET", WHICH LIES SOUTHEASTERLY
OF AND IMMEDIATELY ADJACENT TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2.
10
10
1] I
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
jSignature)
(Name)
(Signature)
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
DEVELOPER:
_REENS ASSOCIATES , .Partnershi p
GTK III, INC., a California Corporation
BY /!4OJ7) ). 4A.4L,.. , President
WP , C.., a Californi.a Corporation
4'I President
NRLIN j a L 9 or?fl
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM:
VINCENT F .BIO N DO, J R.,
City Attorney
- /st....1 €.k n 1dge1fleflt of execution by DEVELOPER and OWNER must be
State of California )
) COUNTY of ORANGE SS.
)
On May.25,1984 , before me, the undersigned, a Notary Public in and for
Said State, personally appeared Richard C. Jack, Jr. , known to me or proved to me on the basis of satisfactory evidence to be the person who executed the
within instrument as the Vice President, and
personally known to me or proved to me on the basis of satisfactory evidence to be the 31
person who executed the within instrument as the Secretary of the
corporation that executed the within instrument pursuant to its by-laws or a resolution
of its board of directors.
-
sm
MARILYN K. DEWEy Signature NABC
I -
WITNESS my hand and official seal OfFaA.
PRINCIPAL OFFICE IN
RILYN.DEWY
commjs EXP. Apr. 12, 1S85
GRANGE couNTy
Name (Tr'ped or Printed) (
Aly
STATE OP CALUUNZA
qSS aXWVCp San Diego )
on May 18, 1984 , before ire, the undersigned, a Notary Public in and for
said State, perscraUy aeared MATHEW R. LOON IN XXX
personally knn to ire (or proved to ire
on the basis of satisfactory evidence) to be the persons who executed the within
ixrstrurent as President and Secretary, on behalf of
MRL III, INC. the corporation therein named,
and acknowledged to ire that said corporation executed the within instruient pursuant
ot its by-laws or a resolution of its board of directors, said corporation being
known to me to be .e of the partners of THE GREENS ASSOCIATES
the partnership that executed the within instrument, and acknowledged to ire that
such corporation executed the same as such partner and that such partnership
V
executed the same.
WflNES my hand and official seal
OFFICIAL SEAL
LINDA M. BULLOCK
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Jan. 10, 1986
(This area for official notarial seal)
,STATE ..CF CALIFORNIA
*)SS. air' OF San Pi:eo )
an may 18, 1984 , before me, the undersigned, a votary Public in and for
said State, personally appeared WN, PATRI:CKT KRUEP
personally known to ire (or proved to ire
on the basis of satisfactory evidence) to be the persons who executed the within
as President and Secretary, on behalf of
W K 1:1, INC. the corporation therein named,
and acknowledged to ire that said corporation executed the within instrument pursuant
at its by-laws or a resolution of its board of directors, said corporation being
)an to ire to be one of the partners of THE (REEN.$ ASSOCIATES
the partnership that executed the within instrument, and acknowledged to ire that
such corporation executed the same as such partner and that such partnership
executed the sane.
wriss rr, hand and official seal
Signabim /7 c&-
OFFICIAL SEAL
LINDA M. BULLOCK
NOTARY PUBLIC-CALIFORNIA ci
PRINCIPAL OFFICE IN
SAN DIEGO COUNT'
My Commission Expires Jan. 10, 1986
V
(This area for official notarial seal)
STATE ' LUIA
or San Diego I
on May 18, 1984 , before ire, the indersigned, aotaxy Public in and for
said State, personally appeared George T. Kruer
personally known to ire (or proved to L1
on the basis of satisfactory evidence) to be the persons who executed the within
instrument as President and Secretary, on behalf of
GTK III, INC. the corporation therein rd,
and acknowledged to ire that said corporation executed the within instrument pursuant
at its by-laws or a resolution of its board of directors, said corporation being
3QIn to ire to be one of the partners of THE GREENS ASSOCIATES
the partnership that executed the within instrument, and acknowledged to ire that
such corporation executed the se as such partner and that such partnership
executed the sane. OFFICIAL SEAL
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
WI'ItS my hand and official
- LINDA M. BULLOCK
o
SAN DIEGO COUNTY
My Commission Expires Jan. 10, 1986
signatum r,
(This area for official notarial seal)
p' I A T C
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows: 334 UNIT
TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT
on said Property, which development carries the proposed name of
THE MEADOWS
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19, with the City a request for
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City 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 incorporated by this reference); and
WHEREAS, Devloper, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on 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
-2-
REV 4-2-82
WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner 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 and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
of the 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
-3-
REV 4-2-82
0 0
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 occupancy for which the
development is intended. Developer and Owner 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 improvements required according to Titles 18, 20 or 21
of the Carlsbad Municipal Code.
2. The Developer and Owner 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 and Owner
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 donated 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
development 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-
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 and Owner 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
described.
6. All obligations hereunder shall terminate 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 Nail,
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.
-5-
REV 4-2-82
0 0
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, Owner and the City, and references to Developer, Owner
or City herein 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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
I/I
I/I
I/I
-6-
nkirly 4-282
RECORL,:NG REQUESTED BAND )
WHEN RECORDED MAIL TO: ) -
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's u7
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 2-23 3
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 15thday of April , 1985
by and between Brehm Communities
name of developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 2835 Camino Del Rio South, Suite 220.
(street)
San Diego, CA 92108 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:
220-unit PUD and 104-unit Apartment
REV 4-2-82 D 7!
C 7_ - K V -,,?- 3
ii
on said Property, whideVeloPmeflt carries the ploloposed name of
The Meadows
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 9th day of
May
19 84 , with the City a request for a tentative map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City 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); and
WHEREAS, Developer and 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.
-2-
REV 4-2-82
NOW, THEREFOREn consideration of the reals 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% of the 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 occupancy 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 improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
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REV 4-2-82
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 donated 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
development 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
described.
-4-
REV 4-2-82
6. All obligati 0 hereunder shall terminain 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 herein
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. When the obligations of this
agreement have been satisfied, City shall record a release.
-5--
REV 4-2-82
E
11
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Brehm Communities
(name)
A9-4ifor~n~iCo tiol -
F.W. 13rehm
President
(1'itle)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
0
E
Co
ou
CM
(0
c'j 0 C co
(title)
STATE OF CALl FORNI y
On-
before me, the undersigned, a Notary Public in and for
said_e, personally appeared - - -
.and
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument
Preident and Secretary, on behalf of..._.______
L
the corporation therein named, and acknowledged to me that i O71iCAL AL
such corporation executed the within instrument pursuant t its B
- by-laws or a resolution of its board of directors.
.- 'N
WITESS my hand and official seal. •
— S.A o E: CCUi1TY
My Commission Expires Cctoer 11, 1996
(This area for official notarial seal)
(Notarial ac knowledgement of execution oy !JcV'JS-
attached. )
must be
e
REV 4-2-82
I
EXHIBIT "A"
LEGAL DESCRIPTION
A Portion of Parcel 2 of Parcel Map No. 10179 being a subdivision
of those Portions of Section 19 and 30, township 12 south, range
3 west, San Bernardino Meridian in the City of Carlsbad, County
of San Diego, State of California, filed in the office of the
County Recorder of San Diego County, June 27, 1980 as File
No. 80-204502
. .
Cfl OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED F ROM J Id T DATE
2C
AD
DESCRIPTION I AMOUNT
c 165(
3037--
to
Ic' \C -
r /
\O
ZOtEO .JJQQJ TOTAL ---