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Home My WebLink AboutCT 90-07; ST.TROPEZ WEST; Tentative Map (CT)I . ' CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES} (For Dept. Use Only) (For Dept. D Master Pl an •.••••.•..•• _.._.. D Specific Pl an •............ D Pree i se Development Pl an •.. ~Tentative Tract Map ...••... ~Planned Development Permit D Non-Residential Planned Development Permit ••.••... D Condominium Permit ....•.•.. D Special Use Permit .....•... D Redevelopment Permit ....••. D Tentative Parcel Map .•.••.. D Administrative Variance •... 2) LOCATION OF PROJECT: ON THE Use Only) 0 General Pl an Amendment. . . . . . _____ _ 0 Site Development Plan ....... __ _ 0 Zone Change. . . . . . • . . . . . . . . . . _____ _ CT90~7 0 &.!/.). <lo-IL ~I Conditional Use Permit ••.... _____ _ Hillside Deve 1 opment Permit. ~ff.~--L.l~ 0 ~ Environmental Impact Assessment .••..••.•.•..... _____ _ D Planned Industrial Permit •.• ------D Coastal Development Permit .. _____ _ D Planning Commission Deter ... ~-W_es_t _____ I SIDE OF '-I ......;;;...O.;;;..ce=a=n~S;...;;t;..;.. ___________ ....... {NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Elm Avenue I AND i___G_r_a_n_d __ A_v_e_nu_e __________ __, {NAME OF STREET) (NAME OF STREET} 3) BRIEF LEGAL DESCRIPTION: Lot 1 of block "B" of the Hays Land Company addition, in the City of Carlsbad, Count of San Die o State of California, according to Map No. 1221, County Recorder. San piego ~QJnt 4) ASSESSOR PARCEL NO(S) -1 203-234-01, 203-234-02 _ 5) LOCAL FACILITIES r:1:I 6) EXISTING GENERAL I RH 7) PROPOSED GENERAL I RH MANAGEMENT ZONE L.::::_J PLAN DESIGNATION · PLAN DESIGNATION 8) EXISTING ZONING' R3 19} PROPOSED ZONING __ , _R_3 ____ j10} G~~~~A~~TEjo.35 Acy 11) PROPOSED NUMBER oFI 6 j12) PROPOSED NUMB·ERI 2 113> TYPE OF I REs RESIDENTIAL UNITS · · OF LOTS · · SUBDIVISION L-. __ ___. (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS! 4 COMMERCIAL · INDUSTI RAL) lSJ PROPOSED INDUSTRIAL I N/A I 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE ..__ ----'· SQUARE FOOTAGE N/A ARFMOOOS.DH 4/~ ,/ -·-·"""'" I. CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE _r __ 3 s_% _ __.I 19) PROPOSED INCREASE IN AVERAGE DAILY 3?,·.>c ·\./ (;; 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS jr,320 g1l. TRAFFIC' . None ·' 20) PROJECT NAME: .... I __ s_t_._T_ro_p_e_z_w_es_t _______________ --1 2l)BRIEF DESCRIPTION OF PROJECT: I Six unit condominium project 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) ~~neta'.rpePa~ih~tsfi. NAME {PRINT OR TYPE~harles Rowe MAILING ADDRESS MAILING ADDRESS P.O. Box 142 P.O. Box 142 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE E!A FEE REQUIRED 2CO. 00 '3lf.Oo 2. TOTAL FEE REQUIRED! fij~G.~ Carlsbad, CA 92008 434-3125 MAR 11990 CITY OF: CARLSBAD D.EVElllP. PROC. SERV .. DIV .. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PArol 3-J-9o I RECEIPT No. j 9'QG 7 j ARFMOOOS.DH 4/ . .P,.,/ \ / . Transa~a Title l_nsurance C-any 3033 FIFTH AVENUE SAN DIEGO, CALIFORNIA 92103 (619) 296-2000 DATE MARCH 28~ 1990 CALIFORNIA BUILDERS 2910 JEFFERSON #202 CARLSBAD, CALIFORNIA ATTN: CHARLIE ROWE YOUR NO. OCEAN ST. ORDER NO. 6009310 --------------PRELIMINARY REPORT--------------- IN RESPONSE TD THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSAl'IERICA TITLE INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH KAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN DR 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 FDR". THE PRINTED EXCEPTIONS AND EXCLUSIONS FRDl'I THE COVERASE OF SAID POLICY DR POLICIES ARE SET FORTH IN EXHlBlT •A1 ATTACHED. COPIES OF THE POLICY FDRl'IS SHOULD BE READ. THEY ARE AVAILABLE FRDn THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT lAND ANY SUPPLEMENTS OR Al'IEHDl'IENTS THERETO} IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATINB THE ISSUANCE DF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUl'IED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMl'IITl'IENT SHOULD BE REQUESTED. DATED AS OF 7:30 A.M. MARCH 27~ 1990 DAVID LOVE <TITLE OFFICER> ' Transar99ca Title Insurance ~any THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS F<EPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1.988 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: EARL H. SHULTZ AND KAREN L. SHULTZ, HUSBAND AND WIFE AS JOINT TENANTS. PAGE 2 6009:31 (l \ Transa~a Title Insurance ~any THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FDLL.Ol.IJS: LOT 1 DF BLOCK "B" OF THE HAYS LP1ND COMPANY ADDITION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOYEMBER 4, 1909. PAGE .,.. ·-' 6009310 Transa._ca Title Insurance ~any ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable. For Fiscal Year: 1990-91 2. GENERAL AND SPECIAL TAXES, as follows: For Fiscal Year : 1989-90 First Installment : $3,657.71 PAID Second Installment: $3~657.71 OPEN Land Value $575,000.00 Improvement Value : $125,000.00 Account No. 203-234-01 Code Area No. 09000 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 REVENUE AND TAXATION CODE, SECTIONS 75 ET SEQ. PARCEL NO.: 889-015-93-98 FIRST INSTALLMENT: $ 2,281.41 SECOND INSTALLMENT: $ 2?281.41 PAID PAID The above item affects: NW 1/2 LOT 1 3. GENERAL AND SPECIAL TAXES, as follows: For Fiscal Year 1989-90 First Installment : $2,618.92 PAID Second Installment: $2,618.92 OPEN Land Value : $500~000.00 Pie c oLtrr t No • Code Area No. 203-234-02 = 09000 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 REVENUE AND TAXATION CODE, SECTIONS 75 ET SEQ. PARCEL NO.: 889-015-94-08 FIRST INSTALLMENT: $ 1,663.08 PAID SECOND INSTALLMENT: $ 1,663.08 PAID The above item affects: EXC NWLY 1/2 LOT 1 4.. "THE LIEN OF SUPPLEMENTAL TAXES~ IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5, REVENUE AND TAXATION CODE, SECTIONS 75 ET SEQ. 5. RIGHTS AND EASEMENTS FOR COMMERCE, NAVIGATION, AND FISHERY IN FAVOR OF THE PUBLIC, OR THE FEDERAL, STATE OR MUNICIPAL GOVEF~NMENT. PAGE 4 6009310 \ Transa~a Title insurance 6. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS~ OR HAS ACCRETED TO SUCH PORTIONS SO ACCRETED. 7. ANY EASEMENT, OTHER RIGHTS OR DEDICATION OF TITLE TO THE PUBLIC, THE CITY OF OCEANSIDE, THE COUNTY OF SAN DIEGO OR"THE STATE OF CALIFORNIA, FOR INGRESS, EGRESS, RECREATIONAL USE, 6R OTH~R PURPOSE WHIC~ MAY EXIST A~ A RESU~T OF ADVERSE OR PERMISSIVE USE BY THE PUBLIC. 8. DEED OF TRUST for the original amount shown below, and any other amounts payable under the terms thereof. Original Amount: $1~095,000.00 Dated : SEPTEMBER 8~ 1988 Recorded, Official Records: SEPTEMBER 19, 1988 Series/Instrument No.: 88-468539 Truster : EARL H. SHULTZ AND KAREN L. SHULTZ, HUSBAND AND WIFE Trustee : FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary: PATTI B. MORRIS, AN UNMARRIED WOMAN 9. AGREEMENT on the terms and conditions contained therein. Purpose PAYMENT OF A PUBLIC FACILITIES FEE Dated : APRIL 5, 1989 Executed by: ST. TROPEZ WEST, A GENERAL PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION Recorded, Official Records: JUNE 5, 1989 Series/Instrument No.: 89-296037 THE INTEREST OF NON-VESTEE IN SAID LAND, IF ANY, THE INTEREST BEING INFERRED BY THE EXECUTION OF SAID DOCUMENT BY ST. TROPEZ WEST, A GENERAL PARTNERSHIP. 10. SUCH MATTERS AS MAY BE DISCLOSED BY A PHYSICAL INSPECTION, AND AN INQUIRY OF PARTIES IN POSSESSION, A SUPPLEMENTAL REPORT OF WHICH WILL FOLLOW. PAGE .. "' . )'~ . {'-.. B '•v A~SFSSOP'~ HAP R• ?01 P~ ?1 '"l, ('-<:/ / ~ ~ ~/ ~&-</() .g 00 I '\. Q~/ / ~ @ (5:«; 0 BLK. 9 ~ 0 Z.30AC. "' %,.)- 1:J ' I " ~ ' ~<v· .,~' ?' ,,,, 'f'. . ., +/ 203-23 SHTIOF2 1~10~' -__,-I J--r::. I 1\1 CHANGES ILK OLD NEW y' CUT t.J.Z. ~ /.Iii• i.., .l,10 '2.(. 11%.M 1.r , .. , l1A1• ··~ " ~-17# 11:.L ~·.t.. IS' ,,,.; ... l7S" l:~ .ZJ<! .:; aw,... 1-r IAAC' 2JZ // I~~"' ':eJ IM~ Z3~ &-7.;',":ff ~ #Z~ 232 /(}Ill /~ 77 Iii?~ 233 /lZ .J i.lv. l?.1/? 235 3 To>. 81 457~ ?.3Z 8 !~ . t!e •~z4 ' (' ...... ,. ' •' ~~ ' <,. ' ,.~~· .;i·. ~o '0 ' ' ' BLK. 8 ' ~~0v~ /-~ ....., ~-51, .. .,. 'b . ~ .• /5 / - ~~ MAPPED FOR ASSFSSMFNT P11RPOSF~ m11v. \ ( ,,~ .. ~~ .,.. ..:. ·'' . "\.· ~ ·.-fl· PAR I .,, @ .N" •... ~=~ J·Yl.,.. '":_~ 6( ~ . I 00 / '\'9~ ~%~R2 _-··~-~, ~·~ ~~ ~ < •••• A)~. ., ..,0 ~~ ~ • .t"~ .. ~ ~i~~ \ POR 13 TCT 94 <vv~ "t> "'o ~ MAP 7738 -CARLSBAD TCT. 7 3.-3 MAP \ 661 -CARL SB AO LANDS -TCTS 94, 95 MAP 1221 -HAYES LANO CO.ADO MAP N0.2 FOR. BLK B & POR BLK A MAP 775(365.535) -TOWN OF CARLSBAD AMENDED BLKS 8.9·& POR BLKS 12 & 13· I ' -. .. TRANSAMERICA TITLE INSURANCE COMPANY EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1988 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 I 1. 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 assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. 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, encroachments, or any other facts which a correct survey would dis- close, 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or 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 dimen- sions 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 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 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 claimant; (d) attaching or created 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. 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 the 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. (Continued on Reverse Side) .. .. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87) AMENDED 10-21-87 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-87) AMENDED 10-21-87 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees 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 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) 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 claimant; (d) attaching or created 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 estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND.TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees 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 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) 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 claimant; (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 to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at _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. 4. Unenforceabiiity of the ii en 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 subsequent 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. Form No. 730 Rev. 7-21-89 • PRELIMINARY REPORT EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights, claims or title to water in or under the land. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created 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 estate or interest insured by this policy. Form No 730 7 Rev 5-1-88 Preliminary Report Supplement 1- 4 "' EXHIBIT A ccdNTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, ,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; {d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded hereir:i as to assessments for street improvements under construc- tion or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. '· ~ .-.. ...... .. ,/J 6 I ~ CITY OF CARLSBAD ~ 1200 CARLSBA~GE DRIVE CARLSBAD, ~RNIA 92008 • f· 438-5621 REC'D FROM ~}c~ 111. Calf~ -.7) D S DATE f I R----9 ------- V (J ACCOUNT NO. DESCRIPTION AMOUNT _.,,,. r.e~O} a 17/JJLcJL. 4-70 I no I ~-s10 ... oo -0 O~ q '§"'('6 I 00 I (! I 7 I r:-·:-r~-: ,-,~. ,' .. . '· ' / .. : J ' '· \ /,l., '' ·.· ')' )) ·•/ (0,. '<~ ·. ~ .~ l I t • ~ '' JI I , I ,,-,,J I 1·,".'.J'7 I ---.:~_,.,,...., I I 0631 (;_70 I C'l 1 RECEIPT NO. TOTAL I I POOR QUALITY ORIGINAL (S) ,-.... CITY OF CARLSBAD .. 1'200 ELM .. UE CARLSBAD, CALIFO 92008 438-5621 . . (i /! REC'D FROM_--, '....,_f~· _T~ ... -ttf.(o>'-) ..... -;.)o:;±..1~k.,,-r-·1 -+-L~_C..,,...._i~(,""""&t'=""'-fl-,,,_Y-=------69_16 OAT-~90 h\W1-01) @~ 9 0. .. !.') I I :J(-J -a-ActSBO. 400Q .. {)O I C..:. -. -- ACCOUNT NO. DESCRIPTION AMOUNT ,./ :) (' " ., -\ I !' :~ 0 l°J·-Cf 9. '-/I ~ ... lr-)d ' / .I ) ,/t.'() .R .-;€: 4Cr;o i .~ ~) A I .(-f 1.> 1 I) j' ). I . f -' .. ' ' -. -. ~)°"". I I /p;:·YL {' j (_!!) r o/7 I I 7\ -/ r: £-I /. l f~ L 1-i n-i) .;;>~ I ! / ( JC>ti: I ·"" / a -I I I I I I I I I I I I I I I 98953 I RECEIPT NO. TOTAL L/ {', .-I -,o· ) l.J -I ~~!~~ -~ ~ .. ~ .,,,,;· -._ J-•. , CITY OF CARLSBAD 1200 ELM A UE CARLSBAD, CALIF0.92008 438·5621 ----._., !) / r:: REC'D FROM_--'-, _J/""""-f---+1_· _,_., -'-'··-"""1=-:u'-"-· --_,--J'"'--.._/~· ·-~·--' ~v~·,r_· _________ DATE -:'.> -.. 1 /C) , I {f C' !>--Ft #L-I ACCOUNT NO. DESCRIPTION AMOUNT I . -(/-\;(' cuco-_), r ?if )) .-~ I . ._, ,} k-11 . .ft-1 / ( /.' t").d' A? t·' /' 4' / -n_,,<:;' · I c· ...,,t:--/ (7 I I (; ··L( .r": 1Lf' A I ,,_~1L rt-1 t../f/"/ --1.,..;.!.. ...-i I ')!/ I ?c..J-c.-1/ i/F'c11_1 J /,, J...t r"f __ :{J_ Sc) l<CJ ,SI/ 7o -o.;i I r ,. -Tri._ \(:\ !r.Y) . l /,-·:'sf I -/. . I _, / < l.~ -I ( ~ • I ·-~ ci.::U-s r Jc/ c r.,· , !.. / a.· L _/ ,:--11 .c. .c.._ J./ I -_, '/ _{/0-( lt'/J __ .L, , J -,.--: J' t"'/("':-.1.-</--.._, /" ' I -1},/ ;•~ I C l.AA ... P 'r _.fc 1 t."l..• I I / / I 5715 05/24/9( 0001 01 05 I I Mi& 164.QO I I 97466 /(rt)/ I RECEIPT NO. TOTAL l t):.J .·· • CITY OF CARLSBAD • 1200 ELM ENUE CARLSBAD, CALIFO, , IA 92008 438·5621 ACCOUNT NO. DESCRIPTION AMOUNT . /, i'c)t) loC I 3 .,Sa> :Gt:J I- C{j Ou CZ./ -:-:5 t./ c:v /~ .JS RECEIPT NO. 85367 TOTAL s; :)70 as • • PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this applic~t~1on ~omplete. Whep the application is complete, the processing period will start y.pon_'tlle/da}e of the completion letter. \ ,. /,• ./ '-· //(} / ; -( / /_/ / :t .-~ App 1 i cant Sign a tu re: _.....__ ___ _.v_U_-_-,_,_·. ____ ·~rv ___ ---"=---------- " . I Staff Signature: .. · \ ... ' -./ j' ,; ii...(:' Date: 1·1 ,.-.. / L' To be stapled with receipt to application Copy for f i 1 e • • DISCLOSURE FORM APPLICANT: , St. Tropez West, A J g;b_p t ._V:....:e:::::.;n:;=-==t.;:::.u:.:::rc.::e:.-:-------....,...,...----~--,- Name (individual, partnership, joint venture, corporation, syndication) AGENT: MEMBERS: P.O. Box 142, Ca~lsbad, CA 92008 Business Address 434-3125 Telephone Number Charles F. Rowe, dba California Builders Name P.O. Box 142 Carlsbad, CA 92008 Business Address 434-3125 Telephone Number Dr. Earl Shultz Karen Shultz Name (individual, partner, joint venture, corporation, syndication) See attached Business Address 942-9243 Telephone Number Name Business Address Telephone· Number P.O. Box 2394,Rancho Santa Fe Home Address CA 92067 Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I /We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission App.roval prior to development. I /We acknowledge that in the process of reviewing this application, it may be necessary for membe:rs of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I /We consent to entry for this. purpose. I /We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agen , wner, Partner Charles F. Rowe, Partner • • ATTACHMENT 1 St. Tropez West - A Joint Venture Robert and Linda Wueste 340 E. 64th St. Apt. 20L, N.Y., N.Y. 10021 Business Phone 212-354-0528 Home: 212-935-2985 Charles F. Rowe P.O. Box 142, Carlsbad, CA 92008 Business Phone: 619-434-3125 Robert L and Lynda Cheek Erickson 7381 Almaden Lane Carlsbad, CA 92008 Business Phone: 714-863-7831 Gary L. and Glenda J. Foster 444 W. G St., Brawley, CA 92227 Business Phone: 619-352-4171 Wayne Minor P.O. Box 490 San Jacinto, CA 92383 Business Phone: 714-654-7311 Gerald Bowers 3199 Falcon St. Carlsbad, CA 92008 Business Phone: 619-729-3085 Richard Bowers 3885 Monroe St. Carlsbad, CA 92008 Business Phone: 619-722-2674 John Stoscher 9109 La Alba Whittier, CA 90603 Business Phone: 213-947-3635 Home: 619-729-9545 Home:-619-438-0850 Home: 619-344-0052 Home: Same Home: Same Home: 434-4021 Home: Same .. ,. ,• 9ity of CM-lsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAJN OWNERSHIP INTERESTS ON AU. APPLICATIONS WHICH WILL REQUIRE OISCRETIONAAY ACTION ON THE PAAT OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant ST. TROPEZ WEST, A GENERAL PARTNERSHIP List the names and addresses of all persons having a financial interest in the application. 2. Owner ST. TROPEZ WEST, A GENERAL PARTNERSHIP List the names and addresses of all persons having any ownership interest in the property involved. PLEASE SEE ATTACHED 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr. interest in the partnership. PT.EASE SEE ATTACHED 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiac. of the trust. (Ov~r) ' , . - Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Soar:: Commissions, Committees and Council within the past twelve months? Yes _ No ....x.. 11 yes, please indicate person(s) ____________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association. social club, fraternal organization, corporation, estate, trust receiver, syndicate, this and any other county, city and county, crty municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) {'if~-90 Signature of Owner/date CHARLES F. ROWE, MANAGING PARTNER ST. TROPEZ WEST, A GENERAL PARTNER- SHIP Print or type name of owner &~ /-f-Yo Signature of applicant/date CHARLES F. ROWE, MANAGING PARTNER ST. TROPEZ WEST. A GENERAL PARTNER- SHIP Print or type name of applicant \ ' - Mr. and Mrs. Joseph Baia 1711 Sirrine Drive Santa Ana,CA 92705 (714) 544-1651 Mr. and Mrs. Robert Erickson 7381 Almaden Lane Carlsbad, CA 92009 H-438-0850 W(714) 932-7822 Mr. and Mrs. Gerald Bowers 3199 Falcon St. Carlsbad, CA 92008 729-3085 Mr. and Mrs. Richard Bowers 3885 Monroe St. Carlsbad, CA 92008 H 434-4021 W -722-2674 Mr. and Mrs. John Stoscher 9109 La Alba Whittier, CA 90603 (213) 947-3605 Mr. Wayne Minor Agri Empire P.O. Box 490 San Jacinto, CA 92383 (714) 654-7311 Dr. and Mrs. Joseph Vigil 2805 Ocean St. # 301 Carlsbad, CA 92008 729-2609 Donovan Westerfeld Transpac Fiber Optics & Telecommunications, Inc. 5430 Van Nuys Boulevard, Suite 400 Sherman Oaks, CA 91401 ( 818) 906-3066·, Charles F. Rowe P.O. Box 142 Carlsbad, CA 92008 ••• • DISCLOSURE FORM APPLICANT: , St. Tropez West, A _Q"_gj,pt_ Venture ~~-=;-=-:=-:::._,..--~~~~~~~~~~..,..,.-~~~ AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) P.O. Box 142, Ca~lsbad, CA 92008 Business Address 434-3125 Telephone Number Charles F. Rowe, dba California Builders Name P.O. Box 142 Carlsbad, CA 92008 Business Address 434-3125 Telephone Number Dr. Earl Shultz Karen Shultz Name (individual, partner, joint venture, corporation, syndication) See attached Business Address 942-9243 Telephone Number Name Business Address Telepho_ne Number '' P.O. Box 2394,Rancho Santa F ·Home Address CA 92067 Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I /We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission Approval prior to development. I /We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I /We consent to entry for this purpose. I /We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Partner· Charles F. Rowe, Partner • •• ATTACHMENT l St. Tropez West - A Joint Venture Robert and Linda Wueste 340 E. 64th St. Apt. 20L, N.Y., N.Y. 10021 Business Phone 212-354-0528 Horne: 212-935-2985 Charles F. Rowe P.O. Box 142, Carlsbad, CA 92008 Business Phone: 619-434-3125 Robert L and Lynda Cheek Erickson 7381 Almaden Lane Carlsbad, CA 92008 Business Phone: 714-863-7831 Gary L. and Glenda J. Foster 444 W. G St., Brawley, CA 92227 Business Phone: 619-352-4171 Wayne Minor P.O. Box 490 San Jacinto, CA 92383 Business Phone: 714-654-7311 Gerald Bowers 3199 Falcon St. Carlsbad, CA 92008 Business Phone: 619-729-3085 Richard Bowers 3885 Monroe St. Carlsbad, CA 92008 Business Phone: 619-722-2674 John Stoscher 9109 La Alba Whittier, CA 90603 Business Phone: 213-947-3635 Horne: 619-729-9545 Home:-619-438-0850 Horne: 619-344-0052 Horne: Sarne Home: Same Home: 434-4021 Home: Same 'City of Carlsbad 2075 Las Palmas Drive ·Carlsbad, CA 92009 • Si. Family Variance Ot Variances $150.00 $420.00 ., { 619 J 438-1161 PLANNING DEPARTMENT VARIANCE APPLICATION Complete Description of Project (attach additional sheets if necessary) 6 UNIT CONDOMINIUM PROJECT Location of Project 2901 Ocean Stree.t Legal Description (complete) I.ot ] of bJock "B" of the Hays Lar:ia Company addjtjon, in the Gi.i-" nf ~J. Carlsbad, Countv of San Dieao. State of CaJ_if nrni.::i accnrr'linrr t-n m;:in - thereof No. 1221, file in the off ice of Countv Recorder of Srin nii=icrn Cn11nt-'l.T_ Local Facility Management Zone Assessors Parcel Number Nov. 4: J 909. 20323401, 20323402 Zone General Plan Existing Land Use R3 RH Four f4l n~::.r.J-mpnt-~ Proposed Zone Proposed Genera I Plan Site Acreage R3 RH 0.35 AC Owner Applicant Name (Print or Type) Name (Print or Type) St. Tropez West, A Joint Venture California Builders Mailing Address Mailing Address , P.O. Box J4? P_n 1'<1")"51' 1 4? City and State Zip Telephone City and State Zip Telephone Carlsbad. rL q?oOR 414-ll?i:\ r::i..-1 c"h::irl 1"7\ ('\')('\('\0 434-31211 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 KNOWLEDGE. V1 AND CORRECT TO THE BEST OF SIGNATURE DATE l~C DATE Charles F. Rowe 12/5/8'! Date Application Rec'd Received By IJ Feestf&~~d Receipt No. '3-J-90 J.7Jw 9..)-367 ~~1Ge: URQJECT NUMBER (S) •'( e JUSTl.FlCATION. FOR VARI.CE By l<lw a Variance may be approved only if certain·· facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each o( these facts. Use a~ditional sheets if necessary. · 1) 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 o~her property or class of use in the same vicinity and zone: All the property located on the We.st side of Ocean Street sJopes radjcaJJy toward the beach. It js virtually impossible to build on thi& property withouf first stabilizing the toe of the slope with a sea wall. This must be done because the property owners do not have a level surface on which to build as owners on the East side of Ocean Street have. 2) 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: A variance is required due to the nature of the project as described above. The project to the North 2895 Ocean St.) is a five (5) story building with a Grotto level which seryes as their deck level. The project to the South ·2955 Ocean St l is a four (4) story building with a deck level at the top of their sea wall. There are homes, both multiple and single family, that are three (3) stories with a Grotto level that were recently built, and are currently under construction. 3) Explain why the 9ranting of such variance will not be materially detrimental to .the public welfare or iniurious to the property or improveme~ts in such vicinity and zone in which the property is located: There are currently four (4) older rental units on the property. The existing· building is a two (2) story structure with a storage area under the building. There is currently no on-site parking. The new project requires fifteen (15) parking spaces and sixteen (16) would be provided on site. 4) Explain why the granting of such variance will. not adversely affect the comprehensive plan: As the comprehensive plan calls for buildings not to exceed twenty five (25') feet along Ocean Street, we have designed a building that does not exceed this height from the street. But due to the nature of the property the building steps down the slope and terminates at a Grotto level (Storage and D.eck level). Current zoning allows up to eight (8) units to be built and the project consists of only six (6) units. I • STATEMENT OF AGREEMENT 1ENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (SO) 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 th~ 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 (SO) 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 a.II of the applications. Signature CHARJ,ES 0. ROWE FORM: PLANNING 37. REVISED 3/80 Date General Partner Relationship to Application (Property Owner-Agent) .! ~' RECORDING REQU.ESTE'B' AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm A venue Carlsbad, California 92008 ) ) ) ) ) ) Space above this line for Recorder's use Parcel No. 203-234-01 & 02 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE TH IS AGREEMENT is entered into ds 2 8 day of March ------ 19 -9...Q_ by and between __....s ..... t ....... ___..T_r_o,....o ...... e,...z_W_e_s..,,..t-.,,;-, _A____,,_G_e_n_,e,...r_a_l_P_a_r_t_n_e_r_s_h_i __ · P..__ __ _ (Name of De:veloper) a partnershj p (Corporation, partnership, etc.) , hereinafter referred to as "Developer" whose address is __ p......_ ...... o..a... _..B..,.o ..... x...__l.._.4 ...... 2.__ ____________ _ (Street) ca~l~b~a, CA 9200s (City, State, Zip Code) and Earl and Karen Sb1J 1 t z (Name of Legal Owner) a individuals , hereinafter referred to as (Individual, Corporation, etc.) "Owner" whose address is p. o. Box 2 3 9 4 --------------"-'"""-----------------------(Street) Rancho Santa Fe, CA 92067 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 7-28-87 .. ---· RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit 11 A11 ; attached to and made a part of this agreement, hereinafter referred to as 11 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: a six unit condominium on said Property, which development carries the proposed name of ----- St. Tropez West and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the _ ..... 2"""8 __ day of _ _,M'"*'a:.:...=..r=c=h.___ ___ _ 19_2..Q__, with the City a request for Tentative Tract Map and Condominium 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. } 7, 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 -2- REV 7-28-87 --ee 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 Titl~s 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 .Ow.ner .a, pay the City a public fac._ 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. · 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. -4- REV 7-28-87 5. City . ag•stto provide upon request .s.able 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, a<:fdressed 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. -5- REV 7-28-87 GENERAL ACKNOWLEDGMENT Stateot ~~ · County m ~lfdrJ/ }ss 7110 122 OFFICIAL SEAL l/.AXli'~E C JOHNSON NOTARY PUBLIC -CALIFORNIA :::.:i DiEGO COUNTY My c.Jmm. expires DEC 6, 1991 On this the...3'0~ay of m~ ~ 1990,beforeme, (!. theunder~~yPk{.•rs~ rj. personally known tom~ D proved to me on the basis of satisfactory evidence ·1....---'" to be the ~erson(s) whose name(s) subscribed to the within instrument, and acknowledged that WITNESS my hand and offici~al. w <1. Notary's Signature ______ executed it. NO. 201 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365·4625 CAT. NO. NN00630 TO 1946 CA (9-84) (Partnership) flj TICOR TITLE INSURANCE ST ATE OF CALIFORNIA } COUNTY OF San Diego SS. t On March 29, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared ___ C=h~a .. r ... l._e_s...__.F_..-"'R'""o"'"w.._e __________________ _ "' II: "' ·:C .~~ ~ proved to me on the basis of satisfactory evidence to be ~ the person who executed the within instrument as Iii Mana gi pg Pa tln er of the partners of the partnership I that ·executed the within instrument, and acknowledged f to me that such partnership executed the same. · WITNESS my hand and official seal. Signatu~ ~ ~~ Judianne Shannon OFflCIAL SEAL Judiarme Shannon NOTARY PUBLIC·CAUFORNIA PRINC1Pf1L OFFICE IN SAN DI EGO COUNTY My Commission Expires Nov. 20. 1992 ~ (This area for official notarial seal) !,>i~ , ~i ~ 0 ~ u ~ ~ ·8 ~ ·-; ~ ". l2 ~ ~ ~ UL-121 Individual Acknowledgment STATE OF CALIFORNIA } SS. COUNTY OF San Diego On March 2 9 , 19 -2Q.., before me, the undersigned, a Notary Public in and for said County and State, personally appeared Karen L. Shultz ~~lyflli(l~~proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to tht;l within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. ~___:. .. R~ Judianne Shanno~ Notary Public in and for said County and State. Notary Seal • OFFICIAL SEAl Judianne Shannon · NOTARY PUBLl~LIFOR~IA PRINCIPAL OFACE IN SAN DIEGO. COUNTY Mr Commission Expires Her. 20. 1991 ' ' • '' At such time as o!e"=eases to have any intere'i"'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: (Name) · (Signature) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: St Tropez West TITLE Managing Partner CITY OF CARLSBAD, a municipal corporation of the State of California BY ..,...,M,...,.A"""'R,....,,T"'"'l...,..N.,..._,,O....,,R,...,,E"""N.,..,.Y...,....A..,....,..,.K--- For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 •• EXHIBIT "A" ·~· LEGAL DESCRIPTION The land reterred to herein is situated in the State of California, County of San Diego, City of Carlsbad, and is described as follows: Lot 1 of Block "B" of the Hays Land Company addition, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909 --- ------ ii 1 I I' I ' I '' '' • • ;J Je:. 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