HomeMy WebLinkAboutCT 85-11; VISTA SANTA FE; Tentative Map (CT)SE NO.: T c // DATE RECEIVED :
APpLIcQ
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Prior Compliance: Published:________
Filed: Filed:
NEGATIVE DERATIC:__________________________
Posted: _- Published: )5 Notice of Determination:
ENVIPCNBL IMPACT REPORT:___________________
Notice of Notice of Notice of
Preparation: Completion: Determination:
PLANNING C1MISSION
1. Date of Hearing: 1 -
2. Publication: (o- I:5- R5
3. Notice to Property ners:(p -
4. Resolution No. CQ45LI
(Continued to:___________________________
Date: ACTION: tppmued?
u/a fiae1
CITY COUNCIL
1. Date of Hearing:_______________________
2. Notices to City Clerk:
3. Agenda Bill:____________________________
4. Resolution No. 817
5. Ordinance No._____________________________
CORRESPONDENCE
Staff Report to Applicant:___________________
Resolution to Applicant:______________________
Date:____
Date:
WAM
that further information is requirea, you wiJ.i ne so aavise
0 Datelo Incorporation - 3/13/84
APPLICANT: Homes by Polygon, A California Corporation, I.D.#33-0032731
iName (individual, partnership, joint venture, corporation, syndication)
- AGENT:
3152 Redhill Avenue, Suite 100, Costa Mesa, CA 92626
Business Address
(714) 557-4260
Telephone Number -
Russell F. Padia, Executive Vice-President
Name
3152 Redhill Avenue,- Suite 100, Costa Mesa, CA 92626
Business Address
(714) 557-4260
Telephone Number
MEMBERS:
Name (individual, partner, joint . Home Address
venture, corporation, syndication)
Business Address -
Telephone Number Telephone 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. -
Homes by Polygon
Applicant
--- /'
-4Y Russell F.
(-Agent,Jwner, Parnr' -
.
FOUNDERS TITLE COMPANY
- 1843 HOTEL CIRCLE SOUTH, SUITE 100
SAN DIEGO, CALIFORNIA 92108 (619)296-8300
AMENDED
PRELIMINARY TITLE REPORT
HOMES BY POLYGON
3152 REDHILL, #100
COSTA MESA, CALIFORNIA
Attention: RUSS PADIA
Your Ref: PHASE C
Our No.: 200963-1
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBED 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 SCHEDULE 1 AND SCHEDULE 1 (CONTINUED)
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 COMMITMENT SHOULD BE REQUESTED.
DATED: February 15, 1985 at 7:30 A. M.
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SCHEDULE "A"
ORDER NO. 200963-1
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS:
BASE REPORT - PHASE C
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:
DAON CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR IN
INTEREST BY MERGER OF LA COSTA LAND COMPANY, AN ILLINOIS
CORPORATION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
. .
DESCRIPTION
Being a portion of Parcel "A" of Certificate of Compliance
recorded as Document No. 82-207276 dated July 2, 1982, together
with a portion of Parcel 2 of the Certificate of Compliance
recorded as Document No. 81-213344 dated July 7, 1981 all in the
City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof:
Beginning at the Northeast Corner of Carlsbad Tract No. 81-16
Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of
the Recorder of said County being a point on the Northerly right-
of-way line of Calle Barcelona shown and dedicated on said Map;
thence along said Northerly line North 62 0 54' 43" West 133.79
feet to the beginning of a tangent 430.00 foot radius curve con-
cave Southerly; thence Westerly along said curve through a central
angle of 27 ° 22' 11" an arc distance of 205.41 feet; thence South
89 0 43' 06" West 45.56 feet to the beginning of a tangent 390.00
foot radius curve concave Northerly; thence Westerly along said
curve and said Northerly right-of-way as dedicated on.said Map
10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map
No. 10898 on file in the Office of the Recorder of said County
through a central angle of 13° 39' 36" an arc distance of 92.98
feet; thence North 76 0 37' 18" West 58.96 feet to the beginning of
a tangent 458.00 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 34° 11'
34" an arc distance of 273.32 feet; thence North 42 ° 25' 44" West
204.75 feet to the beginning of a tangent 25.00 foot radius curve
concave Easterly; thence Northerly along said curve through a
central angle of 90 0 00' 00" an arc distance of 39.27 feet to a
point on the Easterly right-of-way line of Rancho Santa Fe Road as
dedicated on said Map No. 10898; thence along a prolongation of a
radial line to last mentioned curve North 42 0 25' 44" West 34.24
feet to a point on the centerline of Road Survey No. 454; thence
leaving the boundary of said Map No. 10898 along the centerline of
said Road Survey No. 454 and the Westerly boundary of said Parcel
"A" North 47 0 37' 36" East 550.35 feet to the beginning of a
tangent 1000.00 foot radius curve concave Northwesterly; thence
Northeasterly along said curve through a central angle of 28 ° 31'
51" an arc distance of 497.96 feet; thence North 19 0 05' 45" East
698.37 feet to the intersection with the centerline of Mision
Estancia and Road Survey 454 as shown on Map No. 9958 on file in
the Office of the Recorder of said County; thence along said cen-
terline of Mision Estancia and the Northerly line of said Parcel
"A" South 75 0 06' 07" East 239.10 feet to the beginning of a
tangent 1000.00 foot radius curve concave Southerly; thence
Easterly along the arc of said curve through a central angle of
07 0 36' 07" a distance of 132.68 feet; thence South 67° 30' 00"
East 1000.00 feet to the beginning of a tangent 1000.00 foot
radius curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 18 0 35' 17" a distance of
. .
DESCRIPTION CONTINUED
324.42 feet to a point, a radial line to said point bears South
030 54 1 43" West as shown on said Map No. 9958; thence leaving
said centerline and along the Northerly and Westerly boundary line
of said Map No. 9958 the following courses: South 03 0 54' 43"
West 42.00 feet to a point on a 1042.00 foot radius curve concave
Northerly to which a radial line bears South 03 0 54' 43" West;
thence Westerly along the arc of said curve through a central
angle of 050 54' 34" a distance of 107.47 feet to a point of cusp
with a 25.00 foot radius curve concave Southwesterly to which a
radial line bears North 09 0 49' 17" East; thence Southeasterly
along the arc of said curve through a central angle of 87 0 02' 43"
a distance of 37.98 feet; thence tangent to said curve South 06 0
52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot
radius curve concave Easterly; thence Southerly along the arc of
said curve through a central angle of 28 0 54' 00" a distance of
317.77 feet; thence tangent to said curve South 22 0 02' 00" East
66.48 feet to the beginning of a tangent 20.00 foot radius curve
concave Westerly; thence Southerly along said curve through a
central angle of 90 0 00' 00" an arc distance of 31.42 feet; thence
South 67 0 58' 00" West 121.06 feet to the beginning of a tangent
400.00 foot radius curve concave Southeasterly; thence
Southwesterly along said curve through a central angle of 17 0 51'
02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West
9.69 feet to the beginning of a tangent 370.00 foot radius curve
concave Northwesterly; thence Southwesterly along said curve
through a central angle of 16° 56' 41" an arc distance of 109.42
feet; thence South 67 0 03' 39" West, 144.79 feet to the beginning
of a tangent 730.00 foot radius curve concave Southeasterly;
thence Southwesterly along said curve through a central angle of
17 0 21' 11" an arc distance of 221.09 feet; thence South 49 0 42'
28" West 370.82 feet to the beginning of a tangent 520.00 foot
radius curve concave Northerly; thence Westerly along said curve
through a central angle of 67 0 22' 49" an arc distance of 611.52
feet; thence North 62 0 54' 43" West 39.00 feet to the Point of
Beginning.
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Order No. 200963-1
SCHEDULE B
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 1984-1985.
First Installment: PAID
Second Installment: PAID
2. The Lien of Supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 498, Statutes of 1983 of the State of
California, as amended.
3. A right of way and incidents thereto for public road purposes as
granted to the County of San Diego by deed
Recorded: January 21, 1930
File No.: Book 1737, Page 4 of Deeds
Affects: 60 feet in width over Road Survey
No. 454
4. The right to extend and maintain drainage structures and excava-
tion and embankment slopes beyond the limits of the right of way
granted therein where required for construction and maintenance,
as granted to the County of San Diego
Recorded: February 16, 1967
File No.: 21426 and 21427, both of Official
Records
5. An easement for the purpose shown below and the rights incidental
thereto as set forth in a document
Granted to: The City of Carlsbad
Purpose: Public road and slope right
Recorded: July 14, 1977
File No.: 77-281161 of Official Records
Said instrument also grants the right to extend and maintain
drainage structures and excavation and embankment slopes beyond
the limits of said right of way where required for the construc-
tion and maintenance.
. .
SCHEDULE B CONTINUED:
6. An easement for the purpose shown below and the rights incidental
thereto as set forth in a document
Granted to: San Diego County Flood Control
District, Zone 1
Purpose: Flood drainage channel
Recorded: October 22, 1980
File No.: 80-350521 of Official Records
Affects: As follows:
Portions of Lots 4, 5, 8, and 9 of the Rancho Las Encinitas, in
the County of San Diego, State of California, according to Map
thereof No. 848, on file in the Office of the County Recorder of
San Diego County, together with that portion of fractional Section
6, Township 13 South, Range 3 West, San Bernardino Base and
Meridian, in said County.
7. A Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount: $40,378,689.71
Dated: March 10, 1981
Trustor: LA COSTA LAND COMPANY
Trustee: TITLE INSURANCE AND TRUST COMPANY
Beneficiary: RANCHO LA COSTA, INC., a Nevada cor-
poration
Recorded: March 10, 1981
File No.: 81-072863 of Official Records
Affects: Parcel A
An assignment of the beneficial interest under said deed of trust
which names
As Assignee: The Trustees of Central States,
Southeast, and Southwest Areas
Pension Fund
Recorded: February 26, 1983
File No. 82-053120 of Official Records
An Agreement to modify the terms and provisions of said deed of
trust as therein provided
Recorded: January 18, 1983
File No.: 83-100781 of Official Records
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SCHEDULE B CONTINUED:
8. A Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount: None Shown
Dated: March 10, 1981
Trustor: LA COSTA LAND COMPANY
Trustee: TITLE INSURANCE AND TRUST COMPANY
Beneficiary: THE TRUSTEES OF CENTRAL STATES,
SOUTHEAST, AND SOUTHWEST AREAS
PENSION TRUST
Recorded: March 10, 1981
File No.: 81-072862 of Official Records
Affects: Parcel A
Said Deed of Trust has been subordinated to the subject matter
referred to in this paragraph, by the provisions of an instrument
Recorded: February 28, 1983
File No.: 83-063016 of Official Records
Subordinated To: Deed of Trust
Recorded: March 10, 1981
File No.: 81-072863 of Official Records
An Agreement to modify the terms and provisions of said deed of
trust as therein provided
Executed by: Daon Corporation, a Delaware
Corporation
Recorded: March 30, 1983
File No.: 83-100780 of Official Records
An Agreement to modify the terms and provisions of said deed of
trust as therein provided
Recorded: February 28, 1983
File No.: 83-063017 of Official Records
An Agreement to modify the terms and provisions of said deed of
trust as therein provided
Recorded: November 10, 1983
File No.: 83-409715 of Official Records
SCHEDULE B CONTINUED:
9. An Agreement to which reference is hereby made for full par-
ticulars
Dated: July 8, 1981
By and Between: Daon Corporation and The' City of
Carlsbad, a municipal corporation
Regarding: Public facilities fees
Recorded: September 8, 1981
File No.: 81-286838 of Official Records
The exact location of said easement is not disclosed of record.
10. An Agreement to which reference is hereby made for full par-
ticulars
Dated: June 1, 1982
By and Between: Daon Corporation and The City of
Carlsbad
Regarding: Payment of a public facilities fee
Recorded: June 16, 1982
File No.: 82-185683 of Official Records
11. An Agreement to which reference is hereby made for full par-
ticulars
Dated: August 18, 1982
By and Between: Daon Corporation and The City of
Carlsbad
Regarding: Drainage plan
Recorded: October 25, 1982
File No.: 82-327302 of Official Records
12. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 15, 1982
By and Between: Daon Corporation and The City of
Carlsbad, a municipal corporation
Regarding: Payment of a public facilities fee
Recorded: January 7, 1983
File No.: 83-006312 of Official Records
13. An Agreement to which reference is hereby made for full par-
ticulars
Dated: September 8, 1983
By and Between: Daon Corporation and The City of
Carlsbad
Regarding: Payment of a public facilities fee
Recorded: September 21, 1983
File No.: 83-337167 of Official Records
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SCHEDULE B CONTINUED:
14. An Agreement to which reference is hereby made for full par-
ticulars
Dated: November 10, 1983
By and Between: Daon Corporation, a Delaware cor-
poration and The Polygon
Corporation, a Washington cor-
poration
Regarding: Memorandum of option to purchase
Recorded: November 10, 1983
File No.: 83-409716 of Official Records
15. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 5, 1983
By and Between: Daon Corporation and The City of
Carlsbad, a municipal corporation
Regarding: Payment of a public facilities fee
Recorded: January 21, 1984
File No.: 84-025423 of Official Records
16. Covenants, Conditions and Restrictions (deleting therefrom any
restrictions based on race, color or creed) as set forth in the
document
Recorded March 9, 1984
File No. 84-086158 of Official Records
Said covenants, conditions and restrictions provide that a viola-
tion thereof shall not defeat the lien of any mortgage or Deed of
Trust made in good faith and for value.
17. An Agreement to which reference is hereby made for full par-
ticulars
Dated: February 28, 1984
By and Between: Daon Corporation and The City of
Carlsbad, a municipal corporation
Regarding: Payment of a public facilities fee
Recorded: April 6, 1984
File No.: 84-126622 of Official Records
a
SCHEDULE B CONTINUED:
18. An Agreement to which reference is hereby made for full par-
ticulars
Dated: February 23, 1984
By and Between: Daon Corporation and The City of
Carlsbad, a municipal corporation
Regarding: Payment of a public facilities fee
Recorded: April 17, 1984
File No.: 84-140525 of Official Records
19. A Certificate of Compliance (Conditional)
Issued by: City of Carlsbad
Recorded: September 21, 1984
File No.: 84-358889 of Official Records
TAX INFORMATION:
Fiscal Year: 1984-1985
Code Area: 9045
Parcel No.: 255-031-09
Land: $2,232,099.00
First Installment: $12,095.52 PAID
Second Installment: $12,095.52 PAID
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.
AGREEMENT BETWEEN OWNER, DEVELOPER
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
Homes by Polygon
(Name of Developer)
a corporation hereinafter referred to as
(Corporation, partnership, etc.)
"Developer t ' whose address is
3152 Redhill Avenue, Suite 100
(Street)
Costa Mesa, CA 92626
(City, State, Zip Code)
and Daon Corporation
Name of Legal Owner
a Corporation , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
4350 Von Karmen, Suite 100
(street)
Newport Beach, CA 92660
City, State, Zip Code
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.
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RECITALS
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: Residential
snhdivir)n composed of 156 single family dwelling units.
on said Property, which development carries the proposed name of
Vista Santa Fe, Parcel "C"
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with the City a request for 156 Lot subdivision
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, Developer, 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
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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
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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 mohilehome 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.
EVE
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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 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.
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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.
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OWNER: DEVELOPER:
Daon Corporation Homes by Polygon (Uame
1i~7_- n Aa' I
~~
(Signature) TITLE Executive Vice.Presdent
BY 1 E. Abee
BY Russell F. Padlia
(liarne)
nt/Chief Financial
Officer
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
STATE OF CALIFORJ'JIA }ss.
COUNTY OF__2L 19__-_----- -
19 Q before me, the undersigned, a Notary Public in and for
said State, personally
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as_
iLL.0 e__-President XXXXXXXXXXX on behalf oL__
DAON CORPORATION
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directois.
5)
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C Cs C)
co
U
( OFFICIAL SEAL
MARCIA A. BROWN
Notary Public - California
-. ORANGE COUNTY
My Commission Expires Oct 1, 1985
a municipal
e
ia
c'i
CD
I C' 10 10 CO
WlTF1ESS- hand and official seal.
signature. - . . Marcia A. Brown
(This area for official notarial seal)
(Notarial acknowledgement of execution byDEVELOPER and OWNER must be
a t t a
STATE OF CALIFORNIA
ISS.
COUNTY OF Orange
On this 22nd day of January ,j985 ,before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
R.F. Padia
personally known tome (or proved tome on the basis of satisfactory evidence) to be the ExecutiveVice
President,arid Michael E. Abee
personally known to me (or proved to me on the basis of satisfactory evidence) to be the C.F .0and
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same, OFFICIAL SEAL
pursuant to its by laws, or a resolution of its Board of Directors. AGNES DEMPSTER
Notary Public California
WITNESS my hand and official seal. - ORANGE COUNTY
I 4/L
My Commission Exp. 4/22/88
(J Notary siature a - (This area for official seal)
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EXHIBIT "A"
LEC,AL DESCRIPTION
Being a portion of Parcel "A" of Certificate of Compliance
recorded as Document No. 82-207276 dated July 2, 1982, together
with a portion of Parcel 2 of the Certificate of Compliance
recorded as Document No. 81-213344 dated July 7, 1981 all in the
City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof:
Beginning at the Northeast Corner of Carlsbad Tract No. 81-16
Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of
the Recorder of said County being a point on the Northerly right-
of-way line of Calle Barcelona shown and dedicated on said Map;
thence along said Northerly line North 62 0 54' 43" West 133.79
feet to the beginning of a tangent 430.00 foot radius curve con-
cave Southerly; thence Westerly along said curve through a central
angle of 27° 22' 11" an arc distance of 205.41 feet; thence South
89 ° 43' 06" West 45.56 feet to the beginning of a tangent 390.00
foot radius curve concave Northerly; thence Westerly along said
curve and said Northerly right-of-way as dedicated on said Map
10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map
No. 10898 on file in the Office of the Recorder of said County
through a central angle of 13° 39' 36" an arc distance of 92.98
feet; thence North 76° 37' 18" West 58.96 feet to the beginning of
a tangent 458.00 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 34° 11'
34" an arc distance of 273.32 feet; thence North 42 0 25' 44" West
204.75 feet to the beginning of a tangent 25.00 foot radius curve
concave Easterly; thence Northerly along said curve through a
central angle of 90 0 00' 00" an arc distance of 39.27 feet to a
point on the Easterly right-of-way line of Rancho Santa Fe Road as
dedicated on said Map No. 10898; thence along a prolongation of a
radial line to last mentioned curve North 42 0 25' 44" West 34.24
feet to a point on the centerline of Road Survey No. 454; thence
leaving the boundary of said Map No. 10898 along the centerline of
said Road Survey No. 454 and the Westerly boundary of said Parcel
"A" North 47 0 37' 36" East 550.35 feet to the beginning of a
tangent 1000.00 foot radius curve concave Northwesterly; thence
Northeasterly along said curve through a central angle of 28° 31'
51" an arc distance of 497.96 feet; thence North 19 ° 05' 45" East
698.37 feet to the intersection with the centerline of Mision
Estancia and Road Survey 454 as shown on Map No. 9958 on file in
the Office of the Recorder of said County; thence along said cen-
terline of Mision Estancia and the Northerly line of said Parcel
"A" South 75° 06' 07" East 239.10 feet to the beginning of a
tangent 1000.00 foot radius curve concave Southerly; thence
Easterly along the arc of said curve through a central angle of
07° 36' 07" a distance of 132.68 feet; thence South 67 0 30' 00"
East 1000.00 feet to the beginning of a tangent 1000.00 foot
radius curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 18 0 35' 17" a distance of
101
I .
DESCRIPTION CONTINUED
324' * 42 feet to a point, a radial line to said point bears South
03°54' 43" West as shown on said Map No. 9958; thence leaving
said centerline and along the Northerly and Westerly boundary line
of said Map No. 9958 the following courses: South 03 ° 54' 43"
West 42.00 feet to a point on a 1042.00 foot radius curve concave
Northerly to which a radial line bears South 03° 54' 43" West;
thence Westerly along the arc of said curve through a central
angle of 05° 54' 34" a distance of 107.47 feet to a point of cusp
with a 25.00 foot radius curve concave Southwesterly to which a
radial line bears North 09 ° 49' 17" East; thence Southeasterly
along the arc of said curve through a central angle of 87 0 02' 43"
a distance of 37.98 feet; thence tangent to said curve South 06 0
52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot
radius curve concave Easterly; thence Southerly along the arc of
said curve through a central angle of 28° 54' 00" a distance of
317.77 feet; thence tangent to said curve South 22° 02' 00" East
66.48 feet to the beginning of a tangent 20.00 foot radius curve
concave Westerly; thence Southerly along said curve through a
central angle of 90 ° 00' 00" an arc distance of 31.42 feet; thence
South 67° 58' 00" West 121.06 feet to the beginning of a tangent
400.00 foot radius curve concave Southeasterly; thence
Southwesterly along said curve through a central angle of 17 0 51'
02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West
9.69 feet to the beginning of a tangent 370.00 foot radius curve
concave Northwesterly; thence Southwesterly along said curve
through a central angle of 16° 56' 41" an arc distance of 109.42
feet; thence South 67 0 03' 39" West, 144.79 feet to the beginning
of a tangent 730.00 foot radius curve concave Southeasterly;
thence Southwesterly along said curve through a central angle of
170 21' 11" an arc distance of 221.09 feet; thence South 49° 42'
28" West 370.82 feet to the beginning of a tangent 520.00 foot
radius curve concave Northerly; thence Westerly along said curve
through a central angle of 67 0 22' 49" an arc distance of 611.52
feet; thence North 62 0 54' 43" West 39.00 feet to the Point of
Beginning.
I.
RECORDING REQUESTED BYD )
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. 6-6S-
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT Is entered into this Q2,2day of 11t4J,fAf , l9 TS-
by and between
Homes by Polygon
(Name of Developer)
acorporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 3152 Redhill Avenue, Suite 100
(Street)
Costa Mesa. CA 92626______________________________________
City, State, Zip Code
and Daon Corporation -
(Name of Legal Owner)
a Corporation , hereinafter referred to as
(Corporation, etc.)
address is "Owner" whose
4350 Von Karmen, Suite 100
(Street)
Newport Beach, CA 92660
City, State, Zip Code
RER
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.
REV 4-2-82
. RECITALS
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: Residential
111-)di7iicrn composed of 156 single family dwelling units.
on said Property, which development carries the proposed name of
Vista Santa Fe, Parcel "C"
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with the City a request for 156 Lot subdivision
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, Developer, 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 Cit y 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
. S
11 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 mohilehome 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-
REV 4-2-82
I
.
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 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.
-5-
REV 4-2-82
.
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
REV 4-2-82
pviiiaiy I\IIIJVVII U.) III
President, and
V Oti 5.) 4110 1.111 LI IC UGOIC IJI oahIaIaI..UJI 7 CYIIJUI 1¼#U/ LI.) MU LI IC chael E. Abee
.., ,., . Executive Vice
.
.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Daon Corporation
(Uanje - Colt
711E_:nW
(Signature)
(Uame) -
DEVELOPER:
Homes by Polygon
BY Russell F. Paia
TITLE Executive Vic
BY MM E.Abee 22t
nt/Chief Financial
Officer
STATE OF CALIFORNIA urange )ss. a municipal COUNTY OF
On February 22 1985 ,before me, the undersigned, a Notary Public in and for La
co said State, personally appeared W r ren A. Colton- III xMill
personally known to me (or proved to me on the
E
basis of satisfactory evidence) to be the persons who executed the within instrument as______________________
cX
E V i-ca President XXXXXXXXXXXXZt)*ci,on behalf of
o DAON CORPORATION ,,
the corporation therein named, and acknowledged to me that OFFICIAL SEAL
A. BROWN o ri suchcorporation executed the within instrument pursuanttoits Notary Public - California
by-laws or a resolution of its board of directors. 'j ORANGE COUNTY -ri -' My Commission Expires Oct 1, 1985
i WITgS8-m,hand and official seal. l
/ Cq
° 1 co Signature _______ (This area for official notarial seal) Marcia A. Brown
(Notarial acknowledgement of execution byDEVELOPER and OWNER must be
a t t a
STAEOFCAUFORNIA
!L SS.
COUNTY OF Orange J
On this 22nd day of Januari , 19 85 , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared R. F. Padia
personally known to me (or proved to me on the basis of satisfactory evidence) to be the C.F.O
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
REV
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
9e
Notary siature
AlftkOffiCtA
D4/22188
KAGNES OE tary PuNo
mission Exp.
(This area for official seal)
. .
- EXHIBIT "A"
LEr,AL DESCRIPTION
Being a portion of Parcel "A" of Certificate of Compliance
recorded as Document No. 82-207276 dated July 2, 1982, together
with a portion of Parcel 2 of the Certificate of Compliance
recorded as Document No. 81-213344 dated July 7, 1981 all in the
City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof:
Beginning at the Northeast Corner of Carlsbad Tract No. 81-16
Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of
the Recorder of said County being a point on the Northerly right-
of-way line of Calle Barcelona shown and dedicated on said Map;
thence along said Northerly line North 62° 54' 43" West 133.79
feet to the beginning of a tangent 430.00 foot radius curve con-
cave Southerly; thence Westerly along said curve through a central
angle of 27 0 22' 11" an arc distance of 205.41 feet; thence South
89° 43' 06" West 45.56 feet to the beginning of a tangent 390.00
foot radius curve concave Northerly; thence Westerly along said
curve and said Northerly right-of-way as dedicated on said Map
10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map
No. 10898 on file in the Office of the Recorder of said County
through a central angle of 13° 39' 36" an arc distance of 92.98
feet; thence North 76° 37' 18" West 58.96 feet to the beginning of
a tangent 458.00 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 34 0 11'
34" an arc distance of 273.32 feet; thence North 42 0 25' 44" West
204.75 feet to the beginning of a tangent 25.00 foot radius curve
concave Easterly; thence Northerly along said curve through a
central angle of 90 0 00' 00" an arc distance of 39.27 feet to a
point on the Easterly right-of-way line of Rancho Santa Fe Road as
dedicated on said Map No. 10898; thence along a prolongation of a
radial line to last mentioned curve North 42 0 25' 44" West 34.24
feet to a point on the centerline of Road Survey No. 454; thence
leaving the boundary of said Map No. 10898 along the centerline of
said Road Survey No. 454 and the Westerly boundary of said Parcel
"A" North 47 0 37' 36" East 550.35 feet to the beginning of a
tangent 1000.00 foot radius curve concave Northwesterly; thence
Northeasterly along said curve through a central angle of 28° 31'
51" an arc distance of 497.96 feet; thence North 19 ° 05' 45" East
698.37 feet to the intersection with the centerline of Mision
Estancia and Road Survey 454 as shown on Map No. 9958 on file in
the Office of the Recorder of said County; thence along said cen-
terline of Mision Estancia and the Northerly line of said Parcel
"A" South 75 0 06' 07" East 239.10 feet to the beginning of a
tangent 1000.00 foot radius curve concave Southerly; thence
Easterly along the arc of said curve through a central angle of
07 0 36' 07" a distance of 132.68 feet; thence South 67 0 30' 00"
East 1000.00 feet to the beginning of a tangent 1000.00 foot
radius curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 18 0 35' 17" a distance of
S .
DESCRIPTION CONTINUED
324.42 feet to a point, a radial line to said point bears South
03° 54' 43" West as shown on said Map No. 9958; thence leaving
said centerline and along the Northerly and Westerly boundary line
of said Map No. 9958 the following courses: South 03 0 54' 43"
West 42.00 feet to a point on a 1042.00 foot radius curve concave
Northerly to which a radial line bears South 03 0 54' 43" West;
thence Westerly along the arc of said curve through a central
angle of 05° 54' 34" a distance of 107.47 feet to a point of cusp
with a 25.00 foot radius curve concave Southwesterly to which a
radial line bears North 09 0 49' 17" East; thence Southeasterly
along the arc of said curve through a central angle of 87 0 02' 43"
a distance of 37.98 feet; thence tangent to said curve South 06 0
52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot
radius curve concave Easterly; thence Southerly along the arc of
said curve through a central angle of 28 ° 54' 00" a distance of
317.77 feet; thence tangent to said curve South 22° 02' 00" East
66.48 feet to the beginning of a tangent 20.00 foot radius curve
concave Westerly; thence Southerly along said curve through a
central angle of 90° 00' 00" an arc distance of 31.42 feet; thence
South 67 0 58' 00" West 121.06 feet to the beginning of a tangent
400.00 foot radius curve concave Southeasterly; thence
Southwesterly along said curve through, a central angle of 17 0 51'
02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West
9.69 feet to the beginning of a tangent 370.00 foot radius curve
concave Northwesterly; thence Southwesterly along said curve
through a central angle of 16 0 56' 41" an arc distance of 109.42
feet; thence 5outh 67 0 03' 39" West, 144.79 feet to the beginning
of a tangent 730.00 foot radius curve concave Southeasterly;
thence Southwesterly along said curve through a central angle of
170 21' 11" an arc distance of 221.09 feet; thence South 49 ° 42'
28" West 370.82 feet to the beginning of a tangent 520.00 foot
radius curve concave Northerly; thence Westerly along said curve
through a central angle of 67° 22' 49" an arc distance of 611.52
feet; thence North 62 ° 54' 43" West 39.00 feet to the Point of
Beginning.