Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CT 85-10; RICE PROPERTY; Tentative Map (CT)
LA1%0USPLANNING )O PLICAuriori DISCRETIONARY ACTIONS REQUEST JZone Change OSpecific Plan tJ General Plan Amendment [JSite Development Plan ZTentative Tract Map ElConditional Use Permit Major Planned Unit Development DVariance EJMaster Plan OPlanning Commission Determination O Major Redevelopment Permit DSpecial Use Permit O Minor Redevelopment Permit OStructure Relocation O Precise Development Plan LMajor Condominium Permit (check other boxes if appropriate) QCoastal Permit (Portion of Redevelopment Area Only) Complete Description of Project (attach a dditional sheets if necessary) The applicant proposes 196 single family detached units on 91± acres in south Carlsbad. The project has been develooe as a PUP to preserve open space areas and retain the existinq la-.-ad form. Legal Description (complete) The easterly half of Lot 14, anda, portion of the westerly half of Lot_ 14; and the south 60 feet of the west half of Lot 14 of Rancho Las Di5,1 State of Clifornia to map thereof No. 848 filed in the office of the Assessors Parcel Number county recorder of San Diego County 264-070-7 & 264-070-09 Zone 7 General Plan Existing Land Use R-1-10 RLM Vacant Proposed Zone Proposed General Plan Site Acreage R-1-10 J RLM 91±- AC Owner Applicant Name (Print or Type)( Name (Print or Type) Dr. Maurice Rice Trustee under the Rice family tr Trustee under the Rice family tru t Dr. Maurice Rice Mailing Address Mailing Address 411 Promontory Dr., E 411 Promontory Dr., B City and State Zip Telephone City and State Zip Telephone (714) (714) Newport Beach, CA 92660 673-4793 Newport Bèaëh, CA 92660 673-4793 I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ¶10 THE BT OF MY KNCLEDGE • AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. DATE I SIGNATURE DATE 5 L.t(ae Y $s z ãe Açpléation Rée'd 41ved By 'Vöii eive& ReeiptNo. US A1icatiori ROC Staff Assigned e Nt*t,er , - JC cr ~y-yolk(ID--Ry ist 11 a, a* 1 4, I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Chrige 1. Application Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan'Amendinent $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan f. Application Form 2. General Requirement Items: - eighteen (18) 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 - eighteen (18) copies of item A - items E-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 pevelopment (5 or more units) 1. Application Form * 2. General Requirement Items: -. eighteen (18) 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. t p t '&' :-: I •' .",', If after the information you have submitted has been reviewed, it is determined. :That further informatj required, you will be so APPLICANT: Dr. Maurice Rice, Trustee under the Rice family trust Naxne (individual, partnership, joint venture, corporation, syndication) 411 Promontory Dr., Newport Beach, CA 92660 - Business Address AGENT: DIE~IBERS: (714) 673-4793 Telephone Number Name Business Address - Telephone Number . . . Name-(individual, partner, joint Home Address venture, corporation, syndication) Business Address - Telephone Number Telephon Number Home Address Business Address - 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. - 1- Dr. Maurice Rice Applicant B a=~~Age . I Owner, Parrir 40PL&MENTAL INFORMATION FORM 40 VARIANCE •1 1) Gross acres (or square footage, if less than acre) 2) Zone 3) General Plan Land Use Desigr3aticn / 4) By law a Variance may be approved only if certa±i facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of tbese facts. Use add.itØnal shaets if necessary. a) Explain wlrj there are excepticxial or extraordinary circumstances or ccrtditicxis applicable to the property or to the intended use that do not apply geieraliy to the otber property or class of use in tbe same vicinity and zcxe: b) Explain why such variance is necessary for tbe preservaticr and enjoyment of a substantial propert'right possessed by other property in the same vicinity and zone but wh)ch is denied to the property in qiesticn: • ...• •1 / / / I / c) Explain why tbe graning of such variance will not be materially detrimental to tha b]4 welfare or injurious to the property or iitrovetents in such va."Cinity and ze in which the property is located I .. I I . d) Explain why ha granting of such variance will not adversely affect the ccxtprebensive gnera1 plan: .1 • . _i-•-' .- ft 0 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. - -~,AlAb D te F , 4 ) I * \_ Dr. Maurice Rice, Trustee under, family €rnf Relationship to Application Name (prit) (Property Owner-Agent) / FORM: PLANNING 37, REVISED 3/80 ( gna wk 0 in AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to àssist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application -' 4 , •• I • 4.. according 'th'\resolut1on. , Signaire of Applicant or Date Authoized Agent Dr. Maurice Rice, Tru-stee under the Rice family trust Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED: Michael J. Holzmiller Land Use Planning Manager F/ of 0 E. One (1) copy each of 8 1/2 11 x11't 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 Use 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 Condominium Conversions, 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 1" = 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 (Not required with first submittal). 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 byNoon two days prior to the Planning Commission meeting. P. Statement of agreement to waive tentative tract map time limits. 0 0 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 ttate 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. (5) Date preparation; 40 (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). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing on-site trees; those to be removed and those to be saved; (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, commercial, 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 (folded to 8 1/2" x 11") shall include the following information: - Name and address of applicant, engineer and/or arc- hitect, 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. a 0 . - 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 A TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x 11") 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) for all areas. 5. Percent of site used for landscaping D. Buildinq Elevations and Floor Plans* (24"x36" folded to 8 1/2" x 11 11 ) - 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 PLANS.AND EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". 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 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) Condominium 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 - eighteen (18) copies of items B-D - items E-I, M-O 3. Fee: $365.00 Conditional Use-Permit/Special Use Permit/Precise Development Plan 1. Application Form 2. General Requirement Items: - eighteen (18) 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: - eighteen (18) copies of item B and D (if • •• • applicable) - items E. F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 7-:.1, Planning Commission Determination 1. Application Form 2. One page statement precisely determination request. 3. General Requirement Items: - eighteen (18) copies of - items F-I, L, M, 0 indicating the items B-D (if applicable) 4. General Requirement Items for Density Determination: - eighteen (18) copies items B-D - items E-I, L-O 5. Fee: $330.00 Major and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: - Major: - eighteen (18) copies of Item B-D - items E-M and material samples (if applicable) - Minor: - eighteen (18) copies of items'B-D (if applicable) - items E-F, H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). 4. Coastal Permit if applicable. Structure Relocation 1. Application Form 2. General Requirement Items - eighteen (18) copies of B and D - items E, F, H, I t M - inspection notice from the Building Department 3. Fee: $120.00 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" folded to 8 1/2" x 11") .. Each tentative pap/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; POOR QUALITY ORIGINAL (S) 00 V flT APPLICAflON y of Car Bui Ldir Department 075 Las Patmas Dr, Carlsbad, CA 92009 (619) 438-1161 1—pVjTMrr TYPE From List I (see back) give code of Permit-Type: For Residential Projects Only: From List 2 (see back) give 1/ Code of Structure-Type: (Y\j Net Loss/Gain of Dwelling Units - 2. PROJECT INFORMATION PIAN CHECK NO. % 1 ~0 7 , ~q6 /0] 95i3 08/28/96 000. 01 02 1 - .L..L I FOR OFFICE USE ONLY Nearest Cross Street 4AJ7 12 T1WYc7ô C2M,'. CHECK BELOW IF SUBMIITED: 02 Energy Calcs 02 Structural Calcs 02 Soils Report Dl Addressed Envelope a ,', AccPccrrn'c OADI'T - DESCRIPTION OFWORK r9 L-o75. f4fi OSQ. II fl# OF STORIES I J. LAX hr it nt Fr LLJ -JLD,OC # OF BEDROOMS # OWEXI : frrcAttt/ DAY TELEPHONE (5((4 NAME (last name first) - - CITY STATE APPUCA1tr'CONLEACJOR DAjEwj1 NAME (last na e first) 7't Tt/' CITY STATEC4 T ADDRESS /t)07 41'E ZIP CODE V 6 Ci DAY TELEPHONE ADDRESS ZIP CODE i-it,i-ssts I lJvveir.it NAME (last name first) Cny(14&clIz) STATE (74 ZIP CODE ADDRESS 06 DAY TELEPHONE '04111 Ce 11/ ,?!) 'e /%s LFfr ,tif ADDRESS /W - - - STATE < ZIP CODEf,?1 Y DAY TELEPHONE STATE LIC. 92 LICENSE CLASS CITY BUSINESS LIC. # CITY STATE ZIP CODE DAY TELEPHONE STATE LIC. # 7. WORKERS COMPENSATION Workers' Compensation Declaration: I hereby affirm that I have a certificate of consent to self-insure issued by the Director oTT -1 Relations, or a certificate of Workers' Compensation Insurance by an admitted insures, or an exact copy or duplicate thereof cell liled by the Director of the insurer thereof filed with the Building Inspection Department çç4on3800, Lab. Q. INSURANCE COMPANY14 ,'711,q Z POLICY NOâ/ .. 5J'IBATION DATE 1-9 7 Certificate of Exemption: I certily that in the performance of the work for which this 1 isissued, I shall not employ any pci ilijy manner so as to become subject to the Workers' Compensation Laws of California. SIGNATURE DATE 8. OWNER-BUILDER DECLARATION Owner-Builder Declaration: i hereby affirm that I am exempt from the Contractor's LeflSC Law for the following reason — o I, as owner of the property or my employees with wages as their sole compensation, will do the work and the structure is not Itituiltied or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License 121% does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not Wended or offered for sale. If, however, the building or improvement is sold within one year of oxnpletion, the owner-builder will have the hUrden of proving that he did not build or improve for the purpose of sale.). 0 I, as owner of the property, am exclusively contracting with licensed contractors to conWlact the project (Sec. 7044, Business and PEOIlons Code: The Contractor's License Law does not apply to an owner of property who builds oe improves thereon, and contracts for such prtijects with contractor(s) licensed pursuant to the Contractor's License Law). o I am exempt under Section - - Business and Professions Code for thIs reason: construct,alter improve, demolish, (Sec. 7031.5 Business and Professions Code: Any City or County which requires a per1t jrnent that he is licensed pursul any structure, prior to its issuance, also requires the applicant for such permit to file a Division 3 of the Business and POt$5I provisions of the Contractor's License Law (Chapter 9, commencing wi th Section 7000 'A Section 7031.5 by any vs app or that he is exempt therefrom, and the basis for the alleged exemption. Any olactoe) - subjects the applicant to a civil penalty of not more than five hundred dollars [$SOOb SIGNATURE DATE I, thMiTETH!flON FOR NON-RES1DENT1,j BUILDING PERMITS ONLY: 1erials -' pplicant or future building occupant required to submit a business plan acutely ha as Program under Sections 25505, 25533 or 25534 of the Presley-Tanner HaZai DYES 0 NO or re building occupant required to obtain a permit from the air ri NAME (last name first) /'27// CITY 41XAA146 oe- . TICOR TITLE dISURANCrE TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT MARCH 25, 1986 AMERICAN INTERSTATE BANK ATTN.: TRISHA HASHIMOTO 500 NEWPORT CENTER #945 NEWPORT BEACH, CALIFORNIA 92660 YOUR REFERENCE: RICE OUR ORDER NO. : 1142919 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 ON THE ATTACHED COVER. 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 THERETO) 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 COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF MARCH 9, 1986 TITLE OFFIC '7 1 8ny SIGNED: 1L4 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70). CLTA STANDARD COVERAGE POLICY - 1973 ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) 1142919 PAGE 1 17i' OC TICOR TITLE OSURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MAURICE M. RICE, TRUSTEE UNDER THE RICE FAMILY TRUST DATED JUNE 11, 1971 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULP BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1986-87 A LIEN NOT YET PAYABLE. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1985-86 SECOND INSTALLMENT : NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : COUNTY ROAD RECORDED : IN BOOK 272, PAGE 86 OF DEEDS, ON AUGUST 4, 1898 AFFECTS : A STRIP OF LAND 40 FEET WIDE, 20 FEET ON EACH SIDE OF THE CENTER LINE OF SURVEY 136 A AND B 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : PUBLIC HIGHWAY RECORDED : DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS AFFECTS : ROAD SURVEY 454-A; 60 FEET WIDE 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : ALWIN WIEGAND AND FRIEDA C. WIEGAND, HUSBAND AND WIFE FOR : ROAD PURPOSES RECORDED : MAY 22, 1958, DOCUMENT NO. 82319 OF OFFICIAL RECORDS 1142919 PAGE 2 gir . TICOR TITLE @ISURANCE AFFECTS : THE SOUTH 60 FEET OF THE WEST 1/2 OF LOT 14 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF THE SUBDIVISION THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING EAST OF THE CENTER LINE OF THE COUNTY ROAD SHOWN ON ROAD SURVEY NO. 454A SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : OLIVENHAIN MUNICIPAL WATER DISTRICT FOR : PIPELINES, INGRESS AND EGRESS RECORDED : SEPTEMBER 19, 1978, RECORDER'S FILE NO. 78-397999 AFFECTS : ALL THAT PORTION OF THE SOUTHERLY 30.00 FEET OF SAID LOT 14 LYING EASTERLY OF A LINE DRAWN PARALLEL WITH, AND DISTANT 15.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 14, AND THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 454-A; THENCE ALONG SAID CENTER LINE, SOUTH 54 °2228" EAST 514.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE NORTH 35 0 37'32" EAST TO THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET OF SAID LOT 14. TOGETHER WITH AN EASEMENT FOR A TEMPORARY WORKING STRIP OF LAND, SITUATED WITHIN THE LANDS FIRST ABOVE DESCRIBED, SAID EASEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RIGHT AND PRIVILEGE OF WORKMEN, CONTRACTORS, AND ANY AND ALL AGENTS EMPLOYED BY THE GRANTEE HEREIN, TO USE AND OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF CONSTRUCTING THE HEREINBEFORE MENTIONED PIPELINE OR PIPELINES, AND ANY AND ALL APPURTENANCES INCIDENTAL THERETO, AND SAID EASEMENT SHALL INCLUDE THE RIGHT AND PRIVILEGE TO PLACE AND OPERATE ANY AND ALL MACHINERY ON SAID STRIP WHICH THE GRANTEE HEREIN, OR ANY AGENT OR CONTRACTOR EMPLOYED BY SAID GRANTEE, DEEMS NECESSARY FOR THE CONSTRUCTION OF SAID PIPELINE OR PIPELINES. SAID TEMPORARY WORKING STRIP HEREINABOVE REFERRED TO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET OF EVEN WIDTH, SAID 20.00 FOOT WIDE STRIP OF LAND LYING NORTHERLY AND IMMEDIATELY ADJOINING THE NORTHERLY LINE OF THE 30.00 FOOT WIDE STRIP OF LAND ABOVE DESCRIBED. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES IT IS HEREBY UNDERSTOOD AND AGREED UPON BY THE GANTOR AND GRANTEE HEREIN, THAT THE RIGHT AND PRIVILEGE SET FORTH FOR THE USE OF THE ABOVE DESCRIBED TEMPORARY WORKING STRIP SHALL BE IN FULL FORCE AND EFFECT FROM THE DATE.OF EXECUTION OF THIS INSTRUMENT, AND SHALL CONTINUE IN FULL DURING THE CONSTRUCTION OF SAID PIPELINE, AND THAT UPON COMPLETION, FINAL INSPECTION AND ACCEPTANCE OF THE PIPELINE BY SAID GRANTEE HEREIN, THE EASEMENT FOR THE TEMPORARY WORKING STRIP HEREBY GRANTED AND DESCRIBED ABOVE, SHALL CEASE AND TERMINATE, AND BECOME OF NO FURTHER FORCE OF EFFECT. 1142919 PAGE 3 ge-TICOR TITLE•SURANCE SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : NOVEMBER 7, 1981 BY AND BETWEEN : LEUCADIA COUNTY WATER DISTRICT, A COUNTY WATER DISTRICT AND RICE FAMILY TRUST, DR. MAURICE RICE, TRUSTEE REGARDING : SEWER SERVICE RECORDED : DECEMBER 14, 1981, RFN 81-390654 7. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : MAY 21, 1984 AMOUNT : $850,000.00 TRUSTOR : MAURICE M. RICE, TRUSTEE UNDER THE RICE FAMILY TRUST DATED JUNE 11, 1971 TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : AMERICAN STATE BANK, A CALIFORNIA CORPORATION RECORDED : MAY 23, 1984, RECORDER'S FILE NO. 84-191336 8. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT, AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED : JUNE 9, 1981 TRUSTOR : MAURICE M. RICE, TRUSTEE RICE FAMILY TRUST TRUSTEE : IEC FINANCIAL, A CALIFORNIA CORPORATION BENEFICIARY : SAN DIEGUITO UNION HIGH SCHOOL DISTRICT RECORDED : JUNE 17, 1981, RECORDER'S FILE NO. 81-189373 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MAY 14, 1984 EXECUTED BY : MAURICE M. RICE, TRUSTEE UNDER THE RICE FAMILY TRUST DATED JUNE 11, 1971 AND SAN DIEGUITO UNION HIGH SCHOOL DISTRICT RECORDED : MAY 23, 1984, RECORDER'S FILE NO. 84-191337 SUBORDINATED TO : DEED OF TRUST RECORDED MAY 23, 1984, RECORDER'S FILE NO. 84-191336 9. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : JUNE 5, 1981 AMOUNT : $194,256.00 TRUSTOR : MAURICE M. RICE, TRUSTEE RICE FAMILY TRUST TRUSTEE IEC FINANCIAL, A CALIFORNIA CORPORATION BENEFICIARY : ENCINITAS UNION SCHOOL DISTRICT RECORDED : SEPTEMBER 22, 1982, RECORDER'S FILE NO. 82-293429 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MAY 15, 1984 1142919 PAGE 4 rell TICOR TITLE OSURANCE S EXECUTED BY : MAURICE M. RICE, TRUSTEE UNDER THE -RICE FAMILY TRUST DATED JUNE 11, 1971 AND ENCINITAS UNION SCHOOL DISTRICT RECORDED : MAY 23, 1984, RECORDER'S FILE NO. 84-191338 SUBORDINATED TO : DEED OF TRUST RECORDED : MAY 23, 1984, RECORDER'S FILE NO. 84-191336 10. THE EFFECT OF THE DEED FROM MAURICE M. RICE, TRUSTEE OF THE SURVIVOR'S TRUST UNDER THE RICE FAMILY TRUST ESTABLISHED JUNE 11, 1971, AND MAURICE M. RICE, INDIVIDUALLY, TO RICE ENTERPRISES, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JANUARY 17, 1985, RECORDER'S FILE NO. 85-016386. SAID DEED DOES NOT CONTAIN A LEGAL DESCRIPTION SUFFICIENT TO IDENTIFY THE LAND PURPORTEDLY CONVEYED. 11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : FEBRUARY 15, 1985 BY AND BETWEEN : DR. MAURICE RICE, TRUSTEE UNDER THE RICE FAMILY TRUST, AND THE CITY OF CARLSBAD REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : APRIL 2, 1985, RECORDER'S FILE NO. 85-111237 12.. THE EFFECT OF THE DEED FROM MAURICE M. RICE, TRUSTEE OF THE DECEDENT'S TRUST-UNDER THE RICE FAMILY TRUST ESTABLISHED JUNE 11, 1971, TO RICE ENTERPRISES, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED DECEMBER 4, 1985, RECORDER'S FILE NO. 85-456833. SAID DEED DOES NOT CONTAIN A LEGAL DESCRIPTION SUFFICIENT TO IDENTIFY THE LAND PURPORTEDLY CONVEYED. 13. THE REQUIREMENT THAT THERE BE FILED IN THE OFFICE OF THE SECRETARY OF STATE A CERTIFICATE OF LIMITED PARTNERSHIP IN COMPLIANCE WITH THE PROVISIONS OF THE CALIFORNIA REVISED LIMITED PARTNERSHIP ACT, SECTION 15611 ET SEQ., CORPORATIONS CODE AND THE REQUIREMENT THAT SAID CERTIFICATE, CERTIFIED BY THE SECRETARY OF STATE, BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. SAID MATTER AFFECTS: RICE ENTERPRISES, A CALIFORNIA LIMITED PARTNERSHIP 14. IT WILL BE NECESSARY TO FURNISH A FULL AND COMPLETE COPY OF DOCUMENTATION ESTABLISHING THE FACT OF DEATH OF JEANNE S. RICE, TO THIS COMPANY, FOR REVIEW, IF A TRANSACTION AFFECTING THE HEREIN DESCRIBED LAND IS TO BE INSURED. 15. ANY MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OF SAID LAND. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT: TAX FIGURES FOR CODE AREA PARCEL NO. 1142919 1985-86 9128 264-010-07 $591,458.00 $3,319.73, PAID $3,319.73, UNPAID 1985-86 9128 264-010-09 PAGE 5 JTICOR TITLE &SURANCE 0 LAND : $6,253.00 FIRST INSTALLMENT : $35.09, PAID SECOND INSTALLMENT: $35.09, UNPAID NOTE: THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT '.A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. 1142919 PAGE 6 gir - TICOR TITLE 40SURANCE S THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS -FOLLOWS: PARCEL 1: THE EASTERLY 1/2 OF LOT 14, AND A PORTION OF THE WESTERLY 1/2 OF LOT 14 IN THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, SAID PORTION OF THE WESTERLY 1/2 OF SAID LOT 14, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE NORTH 86 0 20' EAST ALONG THE NORTHERLY LINE OF SAID LOT, 661.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 86 0 20' EAST ALONG SAID NORTHERLY LINE, 661.64 FEET TO THE NORTHEASTERLY CORNER OF SAID WESTERLY 1/2 OF SAID LOT; THENCE SOUTH 4 °06' EAST ALONG THE EASTERLY LINE OF SAID WESTERLY 1/2, 659.30 FEET; THENCE SOUTH 86 °16' WEST, 661.64 FEET; THENCE NORTH 4 °06'. WEST. 660.06 FEET TO THE TRUE POINT OF BEGINNING. - PARCEL 2: THE SOUTH 60 FEET OF THE WEST 1/2 OF LOT 14 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING EAST OF THE CENTER LINE OF THE COUNTY ROAD AS SHOWN 0N COUNTY ROAD SURVEY NO. 454-A, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. 1142919 PAGE 7 3 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD. ) 1200 Elm Ave-sue . ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ 21.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of 19_ by and between Dr. Maurice Rice, Trustee under the Rice Family Trust (name of developer-owner) a Trust , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 411 Promontory Drive, E (Street) Newport Beach, California 92660 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: 189 single-family detached units REV 4-22-86 S S on said Property, which development carries the proposed name of Rice Property and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 21st day of February 1985 with the City a request for a tentative tract map and a major planned unit development 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 22, 1986,= 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 4-22-86 NOW, THEREFORE, in consideration of the reals and the covenants contained herein, the parties agree as follows: j. The Developer shall pay to the City a public facilities fee — e in an amount not to exceed 2.5% 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 tof existing building or structures into condominiums in an amount not to exceed 2.5% 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. -3- REV 4/22/86 - - S 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.hereifl described. REV 4/22/86 I. -4- . S 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 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 4/22/86 . IN WITNESS WHEREOF, this agreement is executed in San Diego county, calitornia -as of the date first written above. DEVELOPER -OWNER: CITY OF CARLSBAD, a municipal corporation of the 2 State of California P CAT. NO. NN00627 J TO 1944 CA (7-82) J (Individual) (TTITLE INSURANCE AND TRUST ATICOR cO.Y STATE OF CAL COUNTY OF olffr1lij T) I } ss. On 11 Ir 8 / before me,.4ie undersigned, a Notary Public in and for L / said State, personally apjeared L3% CC..- UI I personally known to me or Id proved to me on the basis of satisfactory evidence to be OFFICIAL SEAL the person_ whose name _....l.S_...... subscThedto the JEAN P. WHITE NOT within instrument and acknowledged that ______ cxc- ARY PUBLIC. CALIFORNIA cured the same. SAN DIEGO COUNTY 4, / signature My COflim. Expires 1989 WITNESS my hand and official seal (This area for official notarial seal) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- . S EXHIBIT "A" - - LErAL DESCRIPTt! THE EASTERLY HALF OF LOT 14, AND A PORTION OF THE WESTERLY HALF OF LOT 14; AND THE SOUTH 60 FEET OF THE WEST HALF OF LOT 14 OF RANCHO LAS ENCINITAS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA TO NAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. RECORDING REQUESTED BY AS ) WHEW RECORDED MAIL TO: ) ) CITY OF CARLSBAD -. ) 1200 Elm Avenue- Carlsbad, California 92008 ) Space above t-his line for Recorder's use Documentary transfer tax: $ No fee Signature ot declarant determining tax-firm name City of Carlsbad Parcel No. pC 7,12 -7.124 e/ - AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEF. THIS AGREEMENT is entered into this /fday of 24'/47 , l9S by and between Dr. Maurice Rice, Trustee under the Rice Family Trust (name of developer-owner) a Trust , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 411 Promontory Dr., E - (Street) Newport Beach, CA 92660 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: 196 single family detached units REV 4-2-82 i/o -/ RECORDING ' REQUESTED BY OD ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: S No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of -9 19_ by and betweenDr. Maurice Rice, Trustee under the Rice Family Trust (name of developer-owner) a Trust , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 411 Promontory Dr., E (street) Newport Beach, CA 92660 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to s "City", wiiose 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: 196 single family detached units REV 4-2-82 on said Property, WhichSVelOptflent carries the prSsed name of Rice Property and is hereafte.r referred to as "Development"; and WHEREAS, Developer filed on the /5 day of /2gA7-7 19 ir, with the City a request for a tentative tract map and a major planned unit development 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 I do on said Property, vhic.h evelopment carries the pr.oposed name of Rice Property and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for a tentative tract map and a major planned unit development 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 f'uture 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, THEREFORE, iSonsideration of the recis 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 constructedin 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 tuobilehotne 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. -3- REV 4-2-82 S S 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 : 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 obligation_4reunder shall terminate Sthe 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 0 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER—OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California (name) BY—Dr. Maurice Rice BY___________________________ City Manager Trustee under the Rice Family Trust (Title) I BY (Title) ATTEST: ALETHA L. RAIJTENKRANZ, City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF COUNTY OF SAN DIEGO, 15th February 85 On this day of , in the year 19........, It before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Maurice Rice OFFICIAL SEAL 4A R?CKI GEM CLAVIER NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. epircS SEP 26, 1986 ACKNOWLEDGMENT—General—Wolcofls Form 233CA—Rev. 582 ©1982 WOLCOTTS, INC. - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name...... subscribed to the within instrument, and acknowledged to me that _he. executed it. WITNESS my hand and official seal. Ce Notary Public in and for said State. . O EXHIBIT "A" LE(AL DESCRIPTION THE EASTERLY HALF OF LOT 14, AND A PORTION OF THE WESTERLY HALF OF LOT 14; AND THE SOUTH 60 FEET OF THE WEST HALF OF LOT 14 OF RANCHO LAS ENCINITAS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. 0 0 Dr. Maurice Rice Trustee under the Rice Family Trust 411 Prcnontory Dr., E Newport Beach, CA 92660 (714) 673-4793 0 a CITY Oi CARLSBAD 1200 ELM AVENUE • CARLSBAD,.CALIEORNIA 920Wta 438-51, J! i L RECEIVED FROM\\CC kr e DATE 1 9"s__________________ ADDRESS A/C. NO. DESCRIPTION AMOUNT 1• 8fc ( 1310 47223 TOTAL gi 93 -a 1~ 9 17~5 :.]• -.Si1L:I•r:ii ,AN DIEGO COUNTY RECORDER'S OFFICE AHHETTE EVANS, COUNT? RECORDER Bi11d TO: CARLSE:AD DOC if: 1993-0525895 - 12:40 PM 12-AUG-1993 RECBRDING:$ 12.00 ell ADD'L RECORDING: 19.00 MICROGRAPHICS: 1.00 TOTAL DUE: $ 32.00 TOTAL CHARGED: $ 32.00 San Diego CA 92112-4147 Enclosed for recordation are the following described documents: Agreement to Pay Public Facilities Fees Rice Enterprises APN: 264-010-07 & 08; CT 85-10X1 Agreement to'Pay Pub lic Facilities Fees ,'Green Valley Partners (APN: 208-040-07, 08, 09 & 10; CT 90-13 Also enclosed are instructionson how the City is to be billed for the recordation fees incurred. Thank you for your help with these items. KATHLEEN D. SHOUP WP-II 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808