HomeMy WebLinkAboutCT 89-01; LA COSTA COURT; Tentative Map (CT)City of Carlsbad
275 Las Palmas Drive
- C sbac., CA 92009
(619) 438-1161
REC*IVED
rees
Residential Condominiums and 0 sidentja' Planned Unit
evelopment:
$ 530.00 (50 units or less)
$1,090.00 (51 units or more)
PLANNING DEPARTMENT POP - I
RESIDENTIAL CONDOMINIUMS
(IITY OF CARLWENTIAL PLANNED UNIT DEVELOPMENT
______________(attach additional sheets it necessary)
c (J/1f7 PD f12JJF7
Location of Project
LCViJ 7 12 7 2 2 4 C4 1'
Legal Description (complete)
Lot229of LA COSTA VALE UNIT NO. 1, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 7457, filed
in the Office of the County Recorder of San Diego County, October 18, 19T
Local Facility Management Zone 7) Assessors Parcel Number
_________________
Zone General Plan VI4 -j' Existing Land Use
Vcj -
Proposed Zone Proposed General Plan Site Acreage
C 477 A CI
Owner Applicant
,Name,1 (Print or Type) Name (Print or Type)
/g J01
,I7 ir
Address V ,Kafltng Mailing Address
,City and State Zip / Telephone City and State Zip Telephone fr' -,1; C64 92D7S 4e73 23
I CERTIFY THAT I AM THE LEGAL - OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWL E. AND CORRECT TO THE BEST OF
/ MY KNOWLEDGE.
YI/GN4'T/U DAT/ DATE çNATURE
Date d Fees Received Receipt No. Recp4,
PROJECT NUMBER (S) FUH
I CLy of Larisbad FlI $530.00 (1-25 lots or units)
2075 Las Palmas Drive $765.00 (26-100 lots or units)
Carlsbad, CA 92009 $1,310.00 (100 + lots or units)
(619) 438-1161
I'
PLANNING DEPARTMENT
TENTATIVE TRACT MAP RECEIVED
ELJtJera.
H2
Complete Description of Project (attach additional sheets if necessary)
utJ/7 CITY OF CARLSBAD
DELOP. pt(OC. S - EV
Location of Project
t EVA AJT 67 7 22/ -A zz VA LE /
Legal Description (complete)
Lot 229 of La COSTA VALE UNIT-.NO. 1,. in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 7457,
fil ed in the Office of the County Recorder of San Diego County,
October 18, 1972.
Local Facility Management Zone Assessors Parcel Number
Z2-17Q-z-o
Zone
/D 11-1
General Plan /'/77/7/
/ / .'
Existing Land Use
VAc14 17
Proposed Zone Proposed General Plan
CM4"J E
Site Acreage
I A€S
/ Owner Applicant
aix'e (Print or Type)
/ iwiJ fic,9//8t)I) 1 frI// JP t- .6
Name (Print or Type)
cA1,7PEt1-
iFlinjAddress
/170 J J/M pc
Mailing Address
156k m4iD JtL/ V
it and State / Zip/ Telephone
/1 O///?'J3flt- '% 36)-C81-°
City and State Zip TelephQf)e
SO,4A)A CA zois
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND 4ORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDG. AND CORRECT TO THE BEST OF I MY KNOWLEDGE.
/I G N A T It' E DATE
sRec -dived Receipt No.
PROJECT NUMBER (S)
i - /
\/
V
.
.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
2763 Camino Del Rio South Phone(619) 295-7332
San Diego, California 92108 North County 748-4110
P.O. Box 85589,S.D., CA 92138 727-1852 & 753-6321
PRELIMINARY REPORT
914 North Highway 101 Your No. 6414-B
Lsucadia, California Our Number 8817056-A
Date: December 2, 1988
Attention: Suzette
In response to the application for a policy of title insurance
referenced herein, FIDELITY NATIONAL TITLE CCMPANY hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies or Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may by sustained
by reason of any defect, lien or encumbrance not shown or referred to as an
Exception herein or not exclude from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy forms
should be read. They are available from the office that issued this report.
This report (and any supplements or amendments hereto) is issued solely
for the purpose of facilitating the issuance for a Policy or Policies 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.
The form of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE POLICY-1988
CLTA Owners x 3P Loan Policy Binder
AITA LOAN POLICY (6-1-87) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SHEELJLE OF EXCLUSIONS FROM COVERAGE
ALTA Loan Policy AIJrA-R ALTA Extended Owners
Dated as of November 18, 1988 at 7:30 A.M.
BOB WHIThJYER
Title Officer/sr
FORM T-911 - Page 1 - (Amended 6/88)
PRELIMINARY REPORT
PAGE NO. 2
. .
ORDER NO. 8817056-A
The estate or interest in the land hereinafter described or referred to
covered by this Report is:
Title to said estate or interest at the date hereof is vested in:
MIKE SOLDW, an unmarried man, and AARON NAGILXM, a married man as his sole
and separate property, subject to item #4 shown herein
NCYrE: It is our understanding that title to said estate or interest in said
policy is to be vested in:
ROBERr M. CMPRRTL AND 1)BERTA M. CMPEELL, husband and wife
The land referred to in this report is described as follows:
Lot 229 of LA COSTA VALE UNIT NO. 1, in the City of Carlsbad, County of San
Diego, State of California, according to Nap thereof No. 7457, filed in the
Office of the County Reborder of San Diego County, October 18, 1972.
At the date hereof exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy from would be as
hereinafter shown.
1. General and special taxes, the first installment- now due and payable,
the second installment now due, for the fiscal year 1988-89.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
Taxation Code of the State of California.
3. Covenants, conditions and restrictions, but deleting restrictions, if
any, based upon, race, color, religion or national origin, as contained in
instrument recorded April 11, 1973 as File No. 73-095442.
Said instrument provides that a violation thereof shall not defeat par
render invalid the lien of any mortgage or deed of trust made in good faith
and for value.
An instrument declaring a modification thereof, recorded July 6, 1973 as
File No. 73-187099 of Official Records.
PRELIMINARY REPORT ('K"
PAGE NO. 3 • ;./ / ( '
,J
(
ORDER NO. 8817056-A
\•
4. The effect of a Deed from Mike Solovy, an unmarried man to The Myer
, Solovy Revocable Trust, dated January 12, 1984 recorded March 19, 1984 as
File No. 84-099440 of Official Records.
The grantee is not an entinity capable of acquiring title.
5. NOTE: This Company will require a copy of the MYER SOLOVY REVOCABLE
Trust instrument creating the Trust and all amendments thereto of the Trust,
together with a written verification by all Trustees that the copy of the
Trust is a true and correct copy of the Trust, as it may have been amended,
that is in full force and effect and that it has not been revoked or
terminated.
6. Matters which adversely affect the status of title to the real property
herein described unless it can be determined by a Statement of Identity that
these matters affect persons other than the VE'STEES' named herein, in order to
complete our report.
1988-89 TAX INFORMATION:
Code Area: 9045
Parcel No. 223-170-20
1st Installment: $893.81 OPEN
2nd Installment: $893.81 OPEN
Based on Land: $167,266.00
The charge for a policy of title insurance, if issued through this Title
Order, will be based on the basic insurance rate.
STATE OF CALIFORNIA }ss.
COUNTY OFSaD.Lego
on___D_e.ceiubr R, 1 9R before me, the undersigned, a Notary Public in and for
said State, personally appeared RORERT—M-.--CAI4.P-BELL
personally known to me (or proved to me on the basis of s
factory evidence) to be the person(s) whose name(s) is/are
scribed to the within instrument and acknowledged to me
he/she/they executed the same.
WITNESS my hand and official seal.
Signat
Sharon N. Friedman
OFFICIAL SEAL
Sharon M. Friedman
4 Notary Public Calif
J Principal Office in
p' San Diego County
My c6mmission expires Aprl 1989
(This area for official notarial seal)
. 0 -
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1988
EXCLUSIONS FROM COVERAGE
rho following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys'
lees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date
of Policy.
(b( Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public
records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to
Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy,
but created, suffered, assumed or agreed o by the insured
claimant;
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or creating subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenlorceability of the lien of the insured mortgage because of
the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to
comply with the applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenfbrceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury -or any consumer
credit protection or truth in lending law.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
PART
Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assess-
ments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, en-
croachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under
(a), (b), or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87)
WITH A.L.EA. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 he following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys'
lees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date
of Policy.
)b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of t.tnlinant domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occured prior to
Date of Policy which would be binding on the rights of a purchaser
foi value without knowledge.
3 Defects, liens, encumbrances, adverse claims, or other matters: ()
created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimants
(d) attaching or created subsequent to Date of Policy, (except to the
extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material); or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of
the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to
comply with applicable doing business laws of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced by
the insured mortgage, and is based upon usury or any consumer
credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of
priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising from an improvement or work
related to the land which is contracted for and commenced sub-
sequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage
which at Date of Policy the insured has advanced or is obligated
to advance.
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CITY OF CARLSBAD
1200 ELM OENUE CARLSBAD, CALIFO IA 92008
438-5621
REC'D FRO
/1L
L
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
)I /O LD oO ij/ P&?D
•Li OiL) •c be
RECEIPT NO. 98153 TOTAL
LA
RECEIVED
JAN 23 1989
STATEMENT OF AGREEMENT
CITY OF CARLSBAD
DEVELOP, PROC. SERV. DIV.
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.
___ __ • 2-
Signature Date
?ch -f M. Cmpb11
Name (Print)
Agent (Subdivider)
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
• . Olivenhain Municipal Water District
BOARD OF DIRECTORS
Ann L. Peay, President
Howard G. Golem, Vice President
Harley L. Denk, Secretary
Harold L. Gano, Treasurer
Thelma M. Miller, Director
GENERAL COUNSEL
1966 OLIVENHAIN ROAD Smith and Peltzer
ENCINITAS, CALIFORNIA 92024-9761 ENGINEER
PHONE (619) 753-6466 Boyle Engineering Corp.
FAX: (619) 753-1578 MANAGER
16 DeOener, 1988 ECEIVEDm H. Hollingsworth
City of Carlsbad
Planning Department
2075 Las Palinas Drive
Carlsbad, California 92009
Be: Tax Assessors Parcel No.: 2223-170-20
Subject: Water Availability Letter
JAN 3 1989
CITY OF CARLSBAD
DVZLOP. PROC. SERV. DIV.
The fee owners, Aaron Magidow and Myer Solovy, and the Developer, Robert Campbell ,
have requested the District to provide a Water Availability Letter for the property
identified above for a proposed project described as: Subdivision: 8 units (4 duplex
units) . This property is in the District and eligible to receive domestic service
H this tine.
The District has adequate facilities in this area. There is capacity in these
facilities to serve the proposed project at the present tine. Water service is
available now at the minimum of 25 psi pressure at the District's main under normal
operating conditions and upon completion of all necessary facilities, including any
required on-site and off-site water lines, appurtenances, or facilities. However,
all water received by the District is in-ported from other agencies. Accordingly,
there is no guarantee that water will be available when service is requested.
The District has been requested to furnish a staff estimate, based on current
conditions, of the availability of water service in this area. This letter is issued
for planning purposes and is not a representation, express or implied, that the
District will provide service at a future date. Commitments to provide water service
are made only by the District's Board of Directors and are subject to the applicant's
compliance with the District's fees, charges, rules, and regulations, the
Environmental Quality Act of 1970, as amended, and the applicant's agreement to
construct any required on-site and off-site facilities together with the applicant's
providing security as required by the District for construction.
The issuance of this Water Availability Letter does not grant the applicant any water
rights. The applicant does not secure a right to water until application for service
is made and approved by the District, and the applicant has complied with all
requirements of the District. The failure of the applicant to pay any fee or charge
of the District when due, or to comply with other requirements of the District, shall
entitle the District to unilaterally terminate this Water Availability Letter, and
all further rights of the applicant to water service.
Capacity fees are paid to the District to reserve future water service for the
project contingent upon the applicant paying all fees and charges, and complying with
all requirements of the District. The payment of all capacity fees by the date they
are due is an express condition precedent to any right of the applicant to receive
future water service. The failure of applicant to make any capacity fee payment by
A Public Agency incorporated on March 24, 1959: formed under the Muncipal Water District Law of 1911
Section 71000 et. seq. of the State of California Water Code
S
S .
Water Availability letter
2PN #: 223-170-20
16 December,1988
Page 2
the date it is due shall automatically terminate the right of applicant to receive
future water service and no previous capacity fee payments paid by the applicant
shall be refunded. Reinstatement of the water conrnitment requires the repayment of
all applicable capacity fees and other fees and charges of the District and
compliance with all requirements of the District.
This comnitment is conditioned on the following additional requirements:
1. City of Carlsbad to approve individual meter installations in public right
of way and services to individual units.
2. If on-site meter installation is requested, an appropriate easement is to
be granted and stamped concrete pavement will not be acceptable over extension
of District pipeline.
This letter of availability pertains solely to the proposed project as described by
applicant, is not transferable to any other project, and is not transferable to any
other owner or developer without written permission of the Board of Directors of the
District. Any purported transfer,sale,,or assignment of this Water Availability
Letter without the prior written consent of the District renders this letter null and
void.
This letter automatically terminates, and is of no further force or effect, on the
occurrence of (1): 16 Deceaber, 1990 (without an approved Tentative Map); (2)
termination of any tentative map; (3) termination of any final map; or (4) five years
from date of recordation of final map.
F. D. Fontanesi
General Services Director
0 I
LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA, CALIFORNIA 92024-0954 • (619) 753-0155
RECEIVED
December 7, 1988 JAN 23 1989
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DIV.
Mr. Robert Campbell
1568 Highland Drive
Solana Beach, Ca. 92057
Re: Sewer Service Availibility for County Assessor's
Parcel No. 223-170-20, Lot 229 of La Costa Vale
Unit No. 1- Carlsbad, California
Dear Mr Campbell;
The referenced parcel of land is within the boundaries
of the Leucadia County Water District.
Sewer permits are currently being issued for new connections
pursuant to District ordinances. It can reasonably be expected
that sewer service will be available to each lot/dwelling unit
concurrent with need and payment of applicable fees.
This letter is valid for two years and is transferrable to
a new owner upon approval of the District.
Very truly yours,
Leucadia County Water District
W.V. Roehi
Administrative Aide
DISTRICT OFFICE: 1960 LA COSTA AVENUE • CARLSBAD, CALIFORNIA 92009
I o
RESIDENTIAL CONDOMINIUMS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
CHECK LIST RECEIVED
I.' f% A A A A r K!
PROJECT NUMBER 1- °- 1 JAN ~ 3 1989
U). 15 site plans crr OF CMLSBAD
DVaOP. PROC. SERV. D1\i.
15 Iandscae
().
15 bldg. elevations & floor plans
1 site plan
1 location ma
EIA $175
PFF acireement (2) $25
Disclosure Statement
Owner's list and 2 address labels + postage
4.
5.
—6.
47.
48.
10. 600 ft. radius ma
9.
3 Title Reports
12. Availability (sewer & water
- 13. Site & elevation plan
Constraints map
1 traffic volume map
DATE SIGNATURE
ICe.) '1r
A TATIVE TRACT MAP CHECK AT
COMMENTS
ITIECEIVIND
PROJECT NUMBER C.,i9-I
JAN 231999
15 tentative map
CITY OF CARLSBAD DyELpp PROp.
1 site plan
67 1 location map
5—)EtA & $175
PFF Agreement (2) $25 55
,,
5
LV Disclosure
(3/ Owner's list & labels (2) + postage
600 ft. radius map
9.
10.
6) Proof of sewer/water
12. Colored site & elevation plan
Waive time limits
Constraints map
Faffic volume map
DATE SIGNATURE
L OiQ///VAL
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
Parcel No. 223-170-20
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into ds day of
19 by and between Robert M. Campbell and Roberta M. Campbell
(Name of Developer)
a s individual , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 1568 Highland Drive
(Street)
Solana Beach, CA 92075
/ (City, State, Zip Code)
and My&R OLb1 AAo& /1bc-,coco
/a iss~
(Name of Legal Owner)
IN 0) vi WZLS , hereinafter referred to as
(Individual, Corporation, etc.)
Z4wner" whose address is S ALo Avu
(Street)
Ve o , ô os-
,ty, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 7-28-87 '
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WHEREAS, Owner is the owner of the real property described on
Exhibit "A"; attached to 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 has contracted with Owner to purchase the
Property and proposes a development project as follows:
8 unit planned development
on said Property, which development carries the proposed name of
not named at this time
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with the City a request for 8 unit planned development and
tentative map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on file with the City Clerk and is incorporated
by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated July 28, 1987, 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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REV 7-28-87
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 convenants
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 3.5% 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 and Owner shall pay a fee for conversion of existing building
or structures into condominiums in an amount not to exceed 3.5% of the building
permit valuation at the time of conversion. The fee for a condominium
conversion shall be paid prior to the issuance of a condominium conversion
permit as provided in Chapter 21.47 of the Carlsbad Municipal Code.
Condominium shall include community apartment or stock cooperative. The
terms "other construction permits", "other construction permit" and "entitlement
for use" as used in this agreement, except in reference to mobile home 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.
-3--
REV 7-28-87
Developer and Owner shall pay the City a public facilities fee in the sum of
$1,150 for each mobile home 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 offer 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.
k. 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 ned exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
-14--
REV 7-28-87
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 by 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 ensure 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 references 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.
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REV 7-28-87
GENERAL ACKNOWLEDGMENT NO. 201
State of_ 1oeN11
County of LA95 }ss.
-------- --------------r --- I OFFICIAL SEAL L'Y Ti"4t JACQUELINE ELIZABETH AHIEN k
Notary Public-Cailtornia
1.05 ANGELES COUNTY
My Comm. Exp, May 3, 1991
On this the/7W day of ____________________ 1i8i, before me,
3L)L//J i/zL3F72-1 AA'L -A)
the undersigned Notary Public, personally appeared
/YR SeLoL/y
personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /-S subscribed to the
within instrument, and acknowledged that fl executed it.
WITNESS my hand and official seal.
7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills CA 91365-4625
GENERAL ACKNOWLEDGMENT
NO. 201
State of 1O.e'J) 4 On this the day of __________ igIIg.., before me,
County of /-~5S
SS.
C7QL/çAr Lf77-/
the undersigned Notary Public, personally appeared
personally known tome
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) iS subscribed to the
thPliAL SbL within instrument, and acknowledged that A/ LL executed it.
Notary Public-California
JACQUELINE ELIZABETt3AHLEN WITNESS my hand and official seal.
LOS ANGELES COUNTY
My Comm. Exp. May 31 1991 ,,*'Iotary's.ignature
7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. I P.O. Box 4625 • Woodland Hills, CA 91365-4625
S
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 in the Property. When the obligations of this agreement have
been satisfied, City shall' record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
I
(Name)
(Signature)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY_____________________
MARTIN ORENYAK
For City Manager
1o7-1'I M&iT
c?6A) rc?c
(J /7 rTJ j &t'7,1 7T
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 7-28-87
EXHIBIT NA"
46
LEGAL DESCRIPTION
Lot 229 of LA COSTA VALE UNIT NO. 1, in the City of Carlsbad,
County of San Diego, State of California, according to Mao
thereof No. 7457, filed in the Office of the County Recorder
of San Diego County, October 18, 1972.
'V
-,,-
; /Yl
FRONT ELEVATION
n
LA COSTA COURT
JENJLD ASSOCIATES
ARCHITECTURE/PLANNING
2166-A ^&WDA t€ LA PLAYA LA JOLLA, (&FCIA
/ --
______ I I ma
AL
VICFM MAP
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t-A COSTA COURT
An F44 Unit Planned Devek)pmwd
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_
JENJLDPSOcLATES
/ ARCHITECTURE/PLANNING
2166A NENIDA DE LA PLAYA LA JOLLA,GALIA7
•4slowr w i = *-
V
SIDE ELEVATION
REAR ELEVATION ARcHrrEcTuRE/ PLANNING
LA PLAYA LA JOLLA, CALFIA W