HomeMy WebLinkAboutCT 85-28; LA COSTA VALLEY; Tentative Map (CT)LANO APL.ICATION
DISCRETIONARY ACTIONS
REQUEST
DZone Charge OSpecif Ic Plan
C General Plan Amendment DSite Development Plan
tZI Tentative Tract Map OConditional Use Permit
t]Major Planned Unit Development [Variance
F_] Master Plan E:lPlanning Commission Determination
C Major Redevelopment Permit DSpecial Use Permit
EJMinor Redevelopment Permit []Structure Relocation
0 Precise Development Plan DMajor Condominium Permit
(check other boxes if appropriate) Coastal Permit (Portion of Redevelopment
Area Only)
Complete Description of Project (attach additional sheets if necessary)
A Tenative Tract Map and Major Planned Unit Development consisting
of 34 Condominiums on 2.27 acres in La Costa.
Legal Description (complete)
Lots 240 and 241 of Map No. 6730 in the City of Caribad, County o
San Diego, State of California, as filed with the San Diego County
- Assessors Parcel Number
Recorder on September 8, 1970. 215-240-12 and 215-240-13
Zone General Plan Existing Land Use
RDM RMH VACANT LOTS
Proposed Zone Proposed General Plan Site Acreage
2.27 ACRES
Owner Applicant
Name (Print or Type) Name (Print or Type)
M C & D CAPITAL CORPORATION JOHN ASH, A I A ASSOCIATES
Mailing Address 'Mailing Address
C/O Harold Provin o8Ou VENICE BOULEVARD 9623 IMPERIAL HIGHWAY
City and State Zip Telephone City and State Zip - Telephone
DOWNEY, CA 90241 (213)903-5639 LOS ANGELES, CA 90034 (213)838-2101
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 BEST OF MY KNOWLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE.
Ci 4J-- -v-- i'4r SIGNA4RE ' " DATE
f\ I IGNA'JX1IE 7' DAT'
tg.App Rec't ,ceived By 7 jPà Rèived - IReceit.NO.
9 t'"
)ate Ac1ication Réc'd f Assine IC$.75 S'/C,
I. SPECIFIC REIREMENTS
General Plan Amendment/Zone Change
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 Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $55.00
Master Plan/Specific Plan
1. 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: $330400 (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
Malor Planned Development (5 or more -units
I. 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.
*
If. ter the information ahave submitted has been re red, it is determined
that further information is required, you will be so advised.
APPLICANT: M C & D CAPITAL CORPORATION
Name (individual, partnership, joint venture, corporation, syndication)
9623 Imperial Highway, Downey, CA 90241
Business Address
(213) 803-5639
Telephone Number
AGENT: John Ash AlA Associates
Name
8800 Venice Boulevard. Los Ancreles, CA 90034
Business Address
(213) 83-2101
Telephone Number
MEMBERS: Harold Provin C.E.O. N/A
Name '(individual, partner, joint Home Address
venture, corporation, syndication)
9623 Impeiial Highway, Downey, CA 90241
Business Address
(213) 8035639
Telephone Number Telephone Number
Name 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. -
Appi icant
John Ash Acrent
Agent, C-:ner, Par tner
0 SupPLMENrAL INFORMATION FORM
1) Gross Acres (or square footage, if less than acre)
2) Zone
3) General Plan Land Use Designation
4) By law a Variance may be approved only if certain facts are found to exist.
Please read these requirnents carefully and explain how the proposed
project meets each of these facts. Use additional sheets if necessary.
a) Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property or class of use in thesáme vicinity
and zone: -
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
the same vicinity and zone but which is denied to the property in question:
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
inproveients in such vicinity and zone in which the property is located
d) Explain why the granting of such variance will not adversely affect the
couprel-iensive general plan:
1 9
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.
A 45
gnare Date
Name (Print) Relationship to Application
(Property Owner-Agent)
0
A
•1
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist 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
according to that resolution.
Signature of Applicant or Date
Authorized Agent
Name (print) Title (Applicant, Authorized Agent, etc.)
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
r •L ) I
LEUCADIA COUNTY WATER DISTRICT
APPLICATION FOR SEWER SERVICE
Owne;' 's Name M.C. & D Capital Corporation Phone No. (213) 869-0166
Mailing Address P. 0, Box 248
-Downey, CA • SEWER PERMIT ISSUED UPON
Service Address: RECEIPT OF BUILDING PERMIT.
Tract Description: t40 &.143 iaCstaJey_#i_ BUILDING PERMIT MUST BE
Assessor's Parcel No. qO -, •L/3 -
Type of Building condos No. Units 42 Connection Fee $.,200.oO
Lateral Size: 4" - 6" - 8" - Saddle - Easement Connect io r p re-pd 9,600.00
Extra Footage: @ $ Extra Depth: @ $ 16800.00
1611'/,q Lateral Fee
Amount Rec'd
r Ck. No/Cash #98567 OVERPAID: $1,200.00 Prorated Sewer
Service Fee ______
11
ji'T Date 9/26179
Rec'd By S. Williamso P'" jL4..A_t__.t. Total $4op.Qo
The opplication must be signed by the owner (or his authorized representative) of
the property to be served. The total charges must be paid to the District at sthe
time the application is submitted.
• If a service lateral is required, it will be installed by the Leucadia County Water
District. The service lateral is that part of the sewer system that extends from
the main collection line in the street (or easement) to the point in the street (at
or near the applicant's property line) where the service lateral is connected to
the applicant's building sewer. The.applicant is responsible for the construction
at the applicant's expense, of the sewer pipeline (building sewer) from the appli-
cant's plumbing to the point in the street (or easement) where a connection is made
to the service lateral.
The connection of the applicant's building sewer to the service lateral shall be
made by the applicant at his expense. The connection must be made in conformity
with the District's specifications, rules and regulations; and IT MUST BE INSPECTED
AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT.
THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE
TJ;E INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC-
TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE. CONSIDERED
INVALID AND WILL NOT BE ACKNOWLEDGED. - •
The prorated sewer service fee is based upon the date the District estimates that
service will l-'egin and covers the balance of the fiscal year. There will be no.
additional fee or refund if service actually commences on a different date. For
succeeding fiscal years, the sewer service fee will be collected on the tax roll
in the same manner as property taxes. (4~\~ _0* CA~ V.Q- — W wlyt a" a_~) ,
The undersigned hereby agrees that the above information given is correct.and agrees;
to the conditions as stated.
\
_________________J1155-U197
Ow 7Fs SigurAture Date Account No.
- C
(1-1 E1(7 rtLC ik! f[p/frpc
-. -;
TICOR TITLE INSURANCE COMPANY
220 "A" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 619-239-6081
PRELIMINARY REPORT
FEBRUARY 3, 1984
M. C. & D.
ATTN: CARY STEVENS
C/O JOHN ASH A.I.A. ASSOCIATES
120 E. OCEAN BLVD., SUITE 720
LONG BEACH, CALIFORNIA 90802
YOUR REFERENCE: LA COSTA VALLEY TERRACE PARCEL MAP
OUR ORDER NO. : 1117291
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 \.KiCH 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
ILSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF FEBRJARY \1 1984
TITLE OFFICER: PROVENCE/RUHRUP -/
SIGHED: -
HE FORM OF F-OL1 C OF TiTLE INSURANCE CON1LATED BY THIS REPORT IS:
ITLE U wA tLL !t..T -
! r. :::•: JC'( - 70 WITH /-L 1A :::: T i-OF.M 1 COVERAGE
T) C-'7-0)
( )
'! LJC-Y B - 10 .- 10-17-70)
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:
M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
\OULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1983-84
SECOND INSTALLMENT : NOW DUE AND PAYABLE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANTTO
THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE
OF CALIFORNIA
2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF
RESTRICTIONS 0
EXECUTED BY : LA COSTA LAND CO.
RECORDED : SEPTEMBER 8, 1970, RECORDER'S FILE NO. 162849
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELEIED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF ANY MORTG.AGEOR DEED OF TRUST MADE IN GOOD
FAITH AND FOR VALUE.
SAiD CO\'ENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
1fliFJED BY AN INSTRUMENT
EFCL'TED BY : LA COSTA LAND CO'.PAUY
LCrDED SEPTEt'BER 11, 970, :LRR'S FILE NO 164949
!T D CC\'ENTS, CONDITIONS AND RC(:jRICTTnJJS HAVE BEEN PURPORTEDLY
D LY AN iSTJENT
1OHD Y : LA COSTA Ca.
1F. 7, CDER'S FJLE NO. 322
'; :ir.NS, •L5 2DFD. :t'E
L 1
BEEN INCORPORATED BY REFERENCE THERETO IN A DEED
EXECUTED BY : LA COSTA LAND CO.
RECORDED : OCTOBER 31, 1972, RECORDER'S FILE NO. 290599
3. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN
DATED : DECEMBER 20, 1977
AMOUNT : $170,000.00
TRUSTOR M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION
TRUSTEE IRVINE ESCROW CO., A CALIFORNIA CORPORATION
BENEFICIARY : GARDNER GOLDMAN INVESTMENTS, A GENERAL PARTNERSHIP.
RECORDED : DECEMBER 30, 1977, RECORDER'S FILE NO. 77-540833
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : COMMMUNITY NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION
BY ASSIGNMENT DATED : FEBRUARY 1, 1978
RECORDED : MARCH 31, 1978, RECORDER'S FILE NO. 78-127880
4. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN
DATED : MARCH 9, 1981
AMOUNT $220,000.00
TRUSTOR : M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION
TRUSTEE : TITLE INSURANCE AND TRUST COMPANY
BENEFICIARY : COMMUNITY BANK, A CALIFORNIA CORPORATION
RECORDED : MARCH 13, 1981, RECORDER'S FILE NO. 81-077318
5. NOTE 1. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE
BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE
INSURANCE BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF
TITLE INSURANCE.
FOR PURPOSES OF POLICY ISSUANCE, ZERO ITEMS
MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER
AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER.
TAX FIGURES FOR : 1983-84
COPE AREA 9058
PARCEL NO. : 215-240-12
LAND $94,018.00
FIRST iNSLLLENT : $542.67, PAID
ECCD I !STALLtENT: $542.67, UNPAID
TAX FJ(U:ES FÜR : 1983-84
rr 9058
D. : 215-210-13
0 : 37,E .00
C f
.-N T 5 'J
N T 10
iiJ r:F If2 1 1 [!1
12
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 240 AND 241 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 6730, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 8, 1970.
C
..
T. NO. nu0009
10 '4.3CA(4 .83)
- Contract No .
p TCOR TITLE: NSU!C
STANDARD CONTRACT
- for
POLICIES OF TITLE INSURANCE ON SUBDIVISIONS
Upon written acceptance by you of this offer and its return to and receipt by Ticor Title Insurance Company of
California, said Company, if given the exclusive right to issue its standard form policies of title insurance upon the land
described as follows:
La Costa Valley Terrace Parcel-Map
as and when the respective lots or parcels are leased, conveyed or hypothecated by the persons or corporation holding
the record title at the date of this contract, will price any such policy issued upon the terms of this contract. In addition
to the printed exceptions, conditions and stipulations in the form of policy requested, any policy issued will show any
liens, encumbrances and other matters as exceptions affecting the estate or interest as of dale of issuance. -
A. Basic Subdivision Rate: (Commercial/Industrial or Residential)
Based upon the sale price of either improved or unimproved Property where construction loans are not involved,
depending upon the number of units contained in a given project, in the following manner:
2 unils to 20 units 70% of Insurance Table P Rate
21 units to 200 units 60% of Insurance Table P Rate
201 or more units 55% of Insurance Table P Rate
B. Builder's Bulk Rate: (Residential Units,1-4 Family Only)
Based upon the contemplated salesprice of each residence and lot, regardless of whether the constuction leans are
recorded singly or in multiples of more than one and depending upon the number of units contained in a given pro-
ject, and the type of coverage issued, the charge will be calculated on each such unit as follows:
CLTA Standard Coverage Policy on the construction loan, without priority insurance plus a
CLTA Standard Coverage Policy on the final sale:
2 units to 20 units 80% of Insurance Table P Rate
21 units to 200 units 70% of Insurance Table P Rate
201 or more units 65% of Insurance Table P Rate
LP 3- ALTA Loan Policy tddi1ional Coverage on the construction loan, plus a CLTA Standard Coverage Policy on the
tale.
2 urr;i: to 20 LIflit5 901,110 of Insurance Table P Rate
21 cats 'n 200 units
8010 of Insurance Table P Rate
201 or more units 75% of lnsurarrce Table P Rate
LP 4--(:L TA St-riard Coverage Policy on the construction Ican, nciiirti:J priority irrurzrrce, plus a CLTA Srtad
Fc1 icy on the final sale:
2 -nt to 20 Ul5 F.15of lm:ur rrce T ;'.le P F;:te
21 to 200 r'ljts 75 of ! .:CC T:.bme P Rate
• . -r urrts • ' O P
r - .--- 1• -, • • - : ': :,jC:c - ' .•
- : - . - ......... r
S
a a
I I
TITLE INSURANCE AND TRUST
220 aAw STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 714-239-6081
DECEMBER 39 190
SCHUH ESCROW
YOUR REFERENCE: BUYER:
OUR ORDER NO. : 1077711
RICHW000 t%ELCPMENT CO.
I IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED. AS CF THE DATE
I
HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM
POLICY 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 CR
I 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 FORM.
NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPCRT IS A
RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL
LOT IMPROVED WITH A STRUCTURE CONTAINING ONE 10 FOUR SINGLE FAMILY
RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION
HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT hILL BE THE
AMERICAN LAND TITLE ASSOCIAITON RESIDENTIAL POLICY - 1979 FORM.
THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETC- IS ISSUED
SOLELY FOR THE PURPOSE CF FACILITATING THE ISSUANCE OF A PCIICY
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 LNSURANCE, A BINDER OR CCM?ITMENT SHOULD BE
REQUEST ED.
DATED AT 7:30 A.M. AS OF NOvEMBER 199 198C
TITLE OFFICER: DOSS/ZERLER
SIGNED:
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVtREO BY THIS REPORT
1077711 PAGE
FA-
I •
S. .
IS: A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
M. C. £ D. CAPITAL CORPORATION, A CAL1FCRNIA CORPORATION
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID PCLICY FCRM
WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1980-81
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : NOW DUE AND PAYABLE
SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY It 1981
2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF
RESTRICTIONS
EXECUTED BY : LA COSTA LAND CO-
RECORDED SEPTEMBER 8, 1970 RECURCER'S FILE NC. 162849
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION CR RATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENCER
INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MACE IN GOOD
FAITH AND FOR VALUE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPCRTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY : LA COSTA LAND COMPANY
RECORDED : SEPTEMBER 11, 1970 RECORDER'S FILE NO. 164949
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY 2 LA COSTA LAND CO.,
RECORDED : OCTOBER 271 1970 RECORDER'S FILE NO. 196322
SAID COVENANTS, CONDITIONS AND RESTRICTIONS, AS MOCIFIED, HAVE
BEEN INCORPORATED 8Y REFERENCE THERETO IN A DEED It
EXECUTED BY : LA COSTA LAND CO.
RECORDED : OCTOBER 319 172 RECORDER'S FILE NO. 29C599
39 A DEED OF TRUST TO SECURE AN INOtBTECNESS OF THE AMOUNT STATED
HEREIN
DATED : DECEMBER 2u9 1977
AMOUNT 2 11709000.00
1077711 PAGE 2
-'a-
TRUSTOR : li. C. C On CAPITAL CORPORATION, A CALIFORNIA CORPORATION
TRUSTEE : IRVINE ESCROW CO., A CALIFORNIA CORPORATION
BENEFICIARY : GARDNER GOLDMAN INVESTMENTS, A GENERAL PARTNERSHIP
RECORDED : DECEMBER 309 1977 RECORDER'S FILE NO. 77-540833
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
To : COMMUNITY NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION
BY ASSIGNMENT DATED : FEBRUARY 19 1978
RECORDED : MARCH 319 1978 RECORDER'S FILE NO. 78-127880
4. MATTERS RELATING TO THE CORPORATE
STANDING OF: M. C. C 0. CAPITAL CORPORATION, A CALIFORNIA CORPORATION
REPORT TO FOLLOW.
5., MATTERS RELATING TO THE CORPORATE
STANDING OF: RICHWOOL) DEVELOPMENT CO.
REPORT TO FOLLOW.
TAX FIGURES FOR : 19d0-81
CODE AREA : 9058
PARCEL NO. : 215-240--12 PORTION
LAND : $22936d.00
FIRST INSTALLMENT : $527.28 UNPAID
SECOND INSTALLMENT: $527.28 UNPAID
TAX FIGURES FOR : 1980-81
CODE AREA : 9058
PARCEL NO. : 215-240-13 REMAINDER
LAND : $23,27b.00
FIRST INSTALLMENT : $548.11 UNPAID
SECOND INSTALLMENT: $548.11 UNPAID
1077711 PAGE 3
to
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND 15 CESCRIBEC AS FOLLOWS:
LOTS 240 AND 241 OF LA COSTA VALLEY UNIT NC. 59 IN TPE CITY OF CARLSBAC,
IN THE COUNTY OF SAN DIEGO, STATE OF CAIIFCRNIA, ACCCRDING TC MAP THEREOF
NO. 67309 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 8, 1970.
107771 I. PAGE 4
N
.
•
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 DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this llthday of September , 1985
by and between M C & D CAPITAL CORPORATION
(name of developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 9623 Imperial Highway-
(street)
Downey, California 90241 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:
34 Unit Condominium Project
REV 4-2-82
. .
on said Property, which development carries the proposed name of
La Costa Valley Terrace
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 11th day of September
19_85, with the City a request for a Tentative Tract Map and 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
2
NOW, THEREFOREO n consideration of the retais and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
3
. .
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 he 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 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 4-2-82 9
STATE OF CALIFORNIA, )
SS.
COUNTY OF LOS ANGELES )
ON September 11 , 19 85
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Harold R. Provin , known to me to be the
Chief Executive Officer ofM.C.& D. Capital.Corporation
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
PLM"
Notary Public in and /for said State
3-Th J
11
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
AA- ? O CijpJøc
(name)
BY
BY
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
ALETHAL. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
C VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
Mc
REV 4-2-82 7
f I
EXHIBIT "A"
LEGAL DESCRIPTION
6'
.
.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD. )
1200 Elm Ave-nue . )
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 OPA PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 16th day of May
by and between M.C. & D. CAPITAL CORPORATION
(name of developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 9623 E.ImperialHi2hwav
(Street)
Downey, California 90241 and TE 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:
REV 4-22-86 cr cP Q./
.
.
on said Property, which development carries the proposed name of
La Costa Valley Terrace -
and is hereaftereferred to as "Development"; and
WHEREAS, Developer filed on the 11th day of September
1985_, with the City a request for Approval of a tentative map and
condominium permit for 31 units on 2.7 acres lacated at corner of Caringa and
Altisma Ways in La Costa
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City Genera]. 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, 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
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, THEREFOR , in consideration of the •ita].e 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 2.5% 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 rOf 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 MunicipalCode. 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 mobilehoine 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
.
.
2. The Developer may offer to donate a site or sites for public
facilities inlieu 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 Developmenthereifl
described.
REV 4/22/86
-4-
6. All obligations hereunder shall tertninaW 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
U
.
.
IN WiTNESS'WHEREO', this agreement is executed in San Diego
County, Calitornil as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
M.C.& D. Capital Corporation
Harold R. Provin, Chief Exec. Officer
TitLe
BY
BY
City Manager
STATE OF CALIFORNIA,
)SS.
COUNTY OF IIJS ANGELES
ON MAY 16 ,19 86
before me, the undersigned, a Notary Public in and for the said State, personally appeared
HAROLD R. P1)VIN , known to we to be the
Chief Executive Officer M. C. & D. CAPITAL CORPORATION
the Corporation that executed the within Instrument, known to tie to be the person who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to tie that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
atacneu.;
REV 4/22/86
Mfl im My ff, "F
-
-6-
State
.
.
EXHIBIT "A"
-'0 LEGAL DESCRIPTIO N
Lots 240 and 241 of La Costa Valley Unit No. 5, in the City of Carlsbad,
in the County of San Diego, State of California, according to map thereof
No. 6730, as filed in the office of County Recorder of San Diego County,
September 8, 1970
S S
- -_• - - -.. - -
CITY OF CARLSBAD - -- - L!
JUt'
____VIcINITY_MAP:
ON-
• EXH1BJTI
$1TE
137 du/ac 17 I Li,5 H
Aft \ \ Ito
\\
18.3 21e/
0-4
d.-
° t :•..::
li 2.21
70
77
40
4. -LJ6Z.. _ OWN
oel
1•
I
85 26 NUMBERS REPSENT # CF DWEWNC UNITS PER ACRE
LA COSTA VALL EY TERRACE CP-321
TY MAP
EXHIBIT I
SITE
137 du/ac
119.0 0-1.5
Af 0-4
14A 2.27
1 Jla.eI /
is ))
JMTSPERACRE CT 85-28
LEY T.,RRACE OP321
T4,
18.3
1'
(
NUMBERS REPRESENT # OF DWE.JJ
LA COSTA VA
VICINITY MAP
EXHIBIT I
SITE
13.7 du/ac
It)' 1 #14.5 '1
Now Moo mftft
_j oft. /
18.3 21.6
14.4 2.27
it 4,q
6.3
S.,.'
(OS)
a
NUMBERS REPRESENT # OF DWELUNG UNITS PER ACRE
CT 85-28
LA COSTA VALLEY TERRACE CP-321