HomeMy WebLinkAboutCT 90-18; PROMONTORY POINT BUSINESS PARK; Tentative Map (CT)-
W CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only) (For Dept.
Use Only)
0 Master Plan
0 Specific Plan .............
0 Precise Development Plan...
Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
0 Condominium Permit.........
El Special Use Permit.........
0 Redevelopment Permit.......
Tentative Parcel Map.......
0 Administrative Variance....
-I
0 General Plan Amendment......
O Site Development Plan.......
Zone Change.................
Conditional Use Permit......
Hillside Development Permit.
0 Environmental Impact
Assessment ................
O Variance....................
0 Planned Industrial Permit...
O Coastal Development Permit..
Planning Commission Deter...
I-
2) LOCATION OF PROJECT: ON THE East —I SIDE OF Loker Ave. West
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I Palomar Airport Road AND F El Fuerte Street
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:I Lot 21 of Carlsbad Tract No. 74-21
Carlsbad. California
4) ASSESSOR PARCEL NO(S). 209-081-21
5) LOCAL FACILITIESI_____ 6) EXISTING GENERAL PI 7) PROPOSED GENERALI________
MANAGEMENT ZONE PLAN DESIGNATION P1 PLAN DESIGNATION
8) EXISTING ZONINGJPM I) PROPOSED ZONINGf PM 110) GROSS SuEt I ACREAGE
11) PROPOSED NUMBER OF 0 f 12) PROPOSED NUMBER( i i3) TYPE OF Industrial]
RESIDENTIAL UNITS OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 1 COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL 180868 16) PROPOSED COMMERCIAL 0
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
APR 1990 ARFM0008 . DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE LI 22%
19) PROPOSED INCREASE
IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS L45
TRAFFIC1 [iJ
-
20) PROJECT NAME: Carlsbad Oaks Lot 21
21)BRIEF DESCRIPTION OF PROJECT: St. Andrews Investments
Industrial Condo Conversion
22) OWNER r 23) APPLICANT
NAME (PRINT OR TYPE) St. Andrews Invest. NAME (PRINT OR TYPE) St Andrews In
MAILING ADDRESS MAILING ADDRESS
1300 Br i stol street North Ste. 200 1300 BristOl Street North, Ste.
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Newport Beach, CA. 9 26 6 0 Newport Beach, CA. 92660
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE.
7l1441
5/o/p &INATURE CZ DATE
/24e
FOR CITY USE ONLY
t1VS1eJvo dO AltO
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED 0661 i wnr
c —r
DATE STAMP APPLICATION RECEIVED
RECEIVED B
ywC(
TOTAL FEE REQUIREDI
DATE FEE PAID (_12 p"c'I RECEIPT NO. Ie7' s'
t.
ARFM0008.DH 4/89
EF
-
1h1:11 i::i J '.irsoaa
DISCLOSuRE STATEMENT
V V V VV V V
APCANTS $TAT4EN O rSC.OSU CEAiN WNESiF ON A C#c
wiCH LL EOIE SCETONAY AC0710N ON 71 PAT OF ThE cmi' COUNCu.. ANY AC,k ITE:
BOA, COMMS1ON OP COMMrTTE E.
(.'ase Prlr.)
i'e oowir orrnatori must e
Ti1
st tna names an a--t.-asses of all persons having a financial interest in the aooatcr
St. Andrews Investments
1300 Brjs.tol St. North 42QQ - V
Newport Beach, CA 92660
2. Ownsr ST. ANDREWS INVESTMENTS
,.E the names and aoe!ses of all persons ravir any ownership interest in t'e properrx n1 V'e.
Darryl L. Laws, President Ronald C. Winger, President
The Laws Company, Ltd. -- Win2er Development Company
Managing General Partner V General Partner
1300 Bristol St. North #200 400 S. Crenshaw _Blvd. 4200
Newport Beach, CA 92660
3.
if ari person idareo pursuant to (1) or (2) above is a corperaion or pannesh, !is' the naes a:
aodcesses of all inoivivais owning more than O% of the snares in the corpora ,.:--n or owning any as'
interest ir, the partnersnip,
SAME AS Items 1 and 2 V
4. '
f any 2erSOn ;CetB Lrsuant to (1) or (2) above a a ron-rofit orar.;zat;on or a :r'st, ist the a—e a:
aooressas of any person serving as oicer or director of the non-profit oran,zaon or as trSe
of the trust. V
Not Applicable
5EF 1 O .4: I: •EEIHG Ni:ipTl-I C:lJrfl'
Disolosufe Sutarnart Page 2
5. Haye yo---had more than S2SC worth fusiness .ransa ,.,tad with any menGr Of City star :a'c
Comrrisscr8, Committees and Council within the past twelve month?
Yes - yes, pIGasairiicataperson(s), - -.
Persor iS deflried as: Arrl ridMduai, flrni, copai.ner:p, joint venture, a..siation, soo;aJ eiu, frarra
crQaruzaton. corpoaton, estae1 tr. recer8r. $yrce this ano any otner cury1 and cy, c,—.j
municpaiy. district Or Other poicai $udMsiOn, or arry other rop or ombiratcn arra.t a nrt -
CT: Attach additional pages as necessary.)
St. Andrews Investments
The Laws Co., Ltd.,
naging Geiier c r
S nature P5Wnerldate
Prntorype name of owner
St. Andrews Investments
By The Laws Co., Ltd.
I anaging Gener 1 P rtner
Signature of icantJdate
The Laws Company, Ltd.
Darryl L. Laws, President -
Print or rypa name of appdoant
r.-- ?t4
S
City Engineer
CITY OF CARLSBAD
2075 La Palmas Dr.
Carlsbad, CA 92009-4859
PROPOSED TENTATIVE MAP NO.
I (We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1
of the Subdivision Map Act and I (we) will make the notifications to the tenants required
therein.
lq6 — 2]k DATE OWNER
DATE OWNER
66427.1 Establishes recji reients for notice to tenants and right of tenants to exclusive contract for purchase in
condominium community apartment or stock cooperative projects.
The legislative body shall, not approve a final map for a subdivision to be created from the conversion of residential
real property into a condominium project, a comminity apartment project, or a stock cooperative project unless it finds all
of the following:
(a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has
received, pursuant to Section 66452.9 written notification of intention to convert at least 60 days prior to the filing of
a tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, and each person applying
for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now
or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that
each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted
to the Department of Real Estate, and the such report will be available on request. The written notices to tenants required
by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
(b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion.
(c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the
conversion or proposed conversion. The provisions of this subdivision shalt not alter or abridge the rights or obligations
of the parties in performance of their covenants; including, but not limited to, the provision of services, payments of rent
or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the
same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the
tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report
pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
(e) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city,
county, or city and county to approve or disapprove condominium projects.
(Amended, Chapter 1128, Statutes of 19801
. S
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.
SUjdature Date/ /
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
H S
FIDELITY NATIONAL TITLE INSURANCE COMPANY
CORPORATE TITLE DIVISION
2100 S.E. MAIN STREET, SUITE 400
IRVINE, CALIFORNIA 92714
(714) 852-8163 (800) 346-7490
UPDATED PRELIMINARY REPORT
TO: Independence Bank YOUR NO.: RE-2811
15910 Ventura Blvd. FILE NO.: 51312
Encino, Ca.
ATTN: Rosemary EFFECTIVE DATE:
February 15, 1990
TITLE OFFICER: AT 7:30 A.M.
CURT TAPLIN
THE FORM OF POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY
THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1988
SCHEDULE B
AMERICAN LAND TITLE ASSOCIATION LOAN
POLICY - 06-01-87 WITH A.L.T.A. ENDORSEMENT
FORM 1 COVERAGE (AMENDED 10-21-87)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
OTHER
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:
ST. ANDREWS INVESTMENTS, A CALIFORNIA GENERAL PARTNERSHIP
1
FILE NO. 51312
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
A. General and Special taxes for the fiscal year 1989-90
Amount: $17,620.48
First Installment: $8,810.24 (Open and delinquent)
Penalty: $881.02
Second Installment: $8,810.24 (Open)
Exemption: $None
Area Code: 0901 3 Parcel Number: 209-081-21
B. Supplemental Taxes assessed pursuant to Chapter 3.5
commencing with section 75 of the California Revenue and Tax
Code, for the fiscal year 1989-90
First Installment $890.99 (Open and delinquent)
Penalty: $89.10
Second Installment: $890.99 (Open)
Penalty: $99.10
Area Code: 09013
Parcel Number: 889-044-37-08
C. 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.
1. Terms, conditions, restrictions, liens, easements and
assessments as contained in that certain Declaration of
Restrictions recorded as instrument no. 85-378668, Official
Records.
Said Covenants, Conditions and Restrictions provide that a
violation thereof shall not defeat nor render invalid the
lien of any mortgage or deed of trust made in good faith and
for value.
The right to levy certain charges or assessments against
said land which shall become a lien if not paid, as therein
set forth.
2. An Agreement between developer-owner and the City of
Carlsbad for the payment of a public facilities fee recorded
June 8, 1988 as instrument no. 88-272630.
Reference is made to said instrument for full particulars.
2
0
FILE NO. 51312
3. A deed of trust showing an original indebtedness of
$970,000.00, and any other amounts, as therein provided,
recorded November 17, 1988 as instrument no. 88-590968,
Official Records.
Dated October 24, 1988
Trustor: St. Andrews Investments, a California
general partnership
Trustee: First Bancorp, A California Corporation
Beneficiary: Sanwa Bank California, A California
Corporation
The lien or charge of said deed of trust was subordinated to
the lien or charge of the deed of trust referred to in
Paragraph 7 of Schedule B, by an agreement dated January 9,
1989, recorded March 23, 1989 as instrument no. 89-148030,
Official Records, subject to the terms and conditions as
therein provided.
A modification of said deed of trust as therein provided,
was recorded December 27, 1989 as instrument no. 89-698917,
Official Records.
4. A deed of trust showing an original indebtedness of
$606,000.00, and any other amounts, as therein provided,
recorded November 17, 1988 as instrument no. 88-590969,
Official Records.
Dated November 15, 1988
Trustor: St. Andrews Investments, a California
general partnership
Trustee: First American Title Insurance Company,
A California Corporation
Beneficiary: Nuwest Commercial Development
Corporation, A California Corporation
The lien or charge of said deed of trust was subordinated to
the lien or charge of the deed of trust referred to in
Paragraph 7 of Schedule B, by an agreement dated January 9,
1989, recorded March 23, 1989 as instrument no. 89-148029,
Official Records, subject to the terms and conditions as
therein provided.
The lien or charge of said deed of trust was subordinated to
the lien or charge of the deed of trust referred to in
Paragraph 3 of Schedule B, by an agreement dated November
27, 1989, recorded December 27, 1989 as instrument no. 89-
698918, Official Records, subject to the terms and
conditions as therein provided.
3
S
FILE NO. 51312
5. Matters which may be disclosed by an inspection and/or a
correct survey of said land or by inquiry of parties in
possession thereof.
/ 6. An easement for public utilities and incidental purposes as
set forth in an instrument recorded February 16, 1989 as
instrument no. 89-081931, Official Records, over that
portion of said land as described as follows:
The easement in the aforesaid property shall be a strip of
land, including all the area lying between the exterior
sideline,, which sidelines shall be three (3) feet, measured
at right angles, on each exterior side of each and every
K\ I facility installed within said property on or before January V
3, 1991.
No building or structure shall be erected on said easement.
An easement for public utilities and incidental purposes as
LI set forth in the instrument recorded March 23, 1989 as
instrument no. 89-148028, Official Records, over that
portion of said land described as follows:
Beginning at the southwest corner of said lot 21; thence
north 4° 57' 57' west along the westerly line of said lot
J / 21 and the easterly right-of-way line of Loker Avenue west
32.13 feet to the TRUE POINT OF BEGINNING; thence, continuing
north 4° 57' 57" west along said westerly 'line and said
right-of-way line 15.06 feet; thence south 89° 51' 40" east
13.97 feet; thence north 0° 08' 20" east 146.00 feet; thence
south 89° 51' 40" east 23.00 feet; thence south 0° 08' 20"
west 15.00 feet; thence north 89° 51' 40" west 8.00 feet;
thence south 0° 08' 20" west 131.00 feet; thence south 89°
51' 4011 east 120.10; thence north 0° 08' 20" east 16.00
feet; thence south 89° 51' 40" east 15.00 feet; thence south
00° 08' 20" west 16.00 feet; thence south 89° 51' 40" east
212.02 feet; thence north 0° 08' 20" east 20.00 feet; thence
south 89° 51' 40" east 30.00 feet; thence south 0° 08' 20"
west 20.00 feet; thence south 89° 51' 40" east 144.00 feet;
thence north 0° 08' 20" east 342.00 feet; thence north 89°
51' 40" west 67.50 feet; thence south 0° 08' 20" west 44.00
feet; thence north 89° 51' 40" west 15.00 feet; thence north
0 0 08' 20" east 44.00 feet; thence north 89° 51' 40" west
72.50 feet; thence south 0° 08' 20" west 17.00 feet; thence
4
S
FILE NO. 51312
(CONT. OF ITEM #7)
north 89° 51' 40" west 15.00 feet; thence north 0° 08' 20"
east 17.00 feet; thence north 89° 51' 40" west 50.00 feet;
thence south 0° 08' 20" west 60.00 feet; thence north 89°
51' 40" west 15.00 feet; thence north 0° 08' 20" east 60.00
feet; thence north 89° 51' 40" west 67.50 feet; thence south
0° 08' 20" west 17.00 feet; thence north 89° 51' 40" west
15.00 feet; thence north 0° 08' 20" east 17.00 feet; thence
north 89° 51' 40" west 65.00 feet; thence south 0° 08' 20"
west 60.00 feet; thence north 89° 51' 40" west 15.00 feet;
thence north 0° 08' 20" east 60.00 feet; thence north 89°
51' 40" west 5.50 feet; thence south 29° 40' 51" west 32.00
feet; thence north 60° 19' 09" west 20.50 feet; thence
south 29° 40' 51" west 68.94 feet; thence north 60° 19' 09"
west 29.94 feet, to the westerly line of said lot 21 and
said easterly right-of-way line of Loker Avenue west, said
point also being on the arc of 464.00 foot radius curve
concave southeasterly, to which a radial line bears north
61° 14' 43" west; thence northeasterly along the arc of said
curve and said westerly line through a central angle of 1°
51' 08", a distance of 15.00 feet; thence leaving said
westerly line south 60° 19' 09" east 14.94 feet; thence
north 29° 40' 51" east 83.07 feet to the northerly line of
said lot 21; thence along said northerly line south 89° 51'
40" east 450.30 feet; thence leaving said northerly line
south 0° 08' 20" west 223.00 feet; thence south 89° 51' 40"
east 8.00 feet; thence south 0° 08' 20" wet 15.00 feet;
thence north 89° 51' 40" west 8.00 feet; thence south 0° 08'
20" west 166.00 feet to the southerly line of said lot 21;
thence along said southerly line north 89° 51' 40" west
15.00 feet; thence leaving said southerly line north 0° 08'
20" east 32.00 feet; thence north 89° 51' 40" west 146.50
feet; thence south 0° 08' 20" west 15.00 feet; thence north
89° 51' 40" west 15.00 feet; thence north 0° 08' 20" east
15.00 feet; thence north 89° 51' 40" west 138.50 feet;
thence south 0° 08' 20" west 8.00 feet; thence north 89° 51'
40" west 15.00 feet; thence north 0° 08' 20" east 8.00 feet;
thence north 89° 51' 401 west 76.00 feet; thence south 0°
08' 20" west 15.00 feet; thence north 89° 51' 40" west 15.00
feet; thence north 0° 08' 20" east 15.00 feet; thence north
89° 51' 40" west 142.76 feet to the TRUE POINT OF BEGINNING.
8. NOTE: SHOULD AN INSPECTION OF THE REAL PROPERTY DISCLOSE
ANY WORK OF IMPROVEMENT IN PROGRESS, MECHANIC'S LIEN
INSURANCE WILL BE DELETED FROM COVERAGE IN OUR POLICY WHEN
ISSUED UNLESS PRIOR APPROVAL TO COMMENCE WORK HAS BEEN
OBTAINED FROM THIS COMPANY.
FILE NO. 51312
SCHEDULE C
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
Lot 21 of Carlsbad Tract no. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to the map
thereof no. 10372, filed in the office of the County Recorder of
San Diego County, April 13, 1982.
Excepting therefrom unto the grantor, its successors and assigns,
together with the right to grant to others all mineral, oil and
gas rights below the depth of 500 feet below the surface of said
land without the right of surface entry.
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4
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:... )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
(Formerly Elm Avenue) )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. 209-081-21
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 24th day of SePtembeV 19 9 0 by and between
St. Andrews Investments by The Laws Co., Ltd. its Managing General Partner
(Name of Developer-Owner)
California
a General Partnership , hereinafter referred to as 'Developer"
(Corporation, Partnership, etc.)
whose address is1300 Bristol Street North, #200, Newport Beach, CA 92660
(Street) (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 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad,
California, 92008.
WITNESSETH:
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: 7—lot, industrial
Planned Unit Development on said Property, which development
REV 8/90 1
I
1• I.
carries the proposed name of Promontory Park and
is hereinafter referred as "Development"; and -.
WHEREAS, Developer filed on the 12th 'day of June 1DO with the City a request
for Tentative Parcel Map for lots on an industrial P I P
_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
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.
NOW THEREFORE, in consideration of the recitals 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
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
REV 8/90 2
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other construction permits for the development and shall be based on the valuation at that dine.
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 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 of 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 of occupancy for which the development is intended. Developer 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 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
REV 8/90 3
4
I
.1
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
service sufficient to accommodate the needs to the Development herein described. -
6. All obligations hereunder shall terminate in the event the Requests made by
Developers 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 attention of the City Manager, postage prepaid
and certified.
7.2 If notice 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.
REV 8/90 4
L I.
apply to the respective successors and assigns of Developer and the City, and references to
Developer 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.
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.
REV 8/90 5
00 I.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER:
St. Andrews Investments
By Thname) Laws Co., Ltd.
its Managing General Partner
By: T71 Dr-?'7i -L. a
Presiden
(Title)
CITY OF CARLSBAD, a municipal
corporation of the State of
California
MARTIN ORENYAK
For City Manager
STATE OF CALIFORNIA
COUNTY OF Ow 6 1 SS.
On this __ day of _ 122d1 , 19912, before me, the undersigned, a Notary Public in and for said County and State, personally appeared, Z
personally known tome (or proved tome. on the basis of satisfactory evidence) to be
of the partners of the partnership that executed the within Instrument, and
acknowledged to me that such partnership executed the same.
ffici
C: OFFICIAL SEAL
'JL) IM I VUt)LIL. -
ORANGE COUNTY
My comm. expires FEB 28, 1992
Name (Typed or Printed)
PR-44 (10) Rev. 6-82
(This area for official seal)
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
REV 8/90 6
/
I.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 21 of Carlsbad Tract No. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to the
map thereof No. 10372, filed in the office of the County
Recorder of San Diego County, April 13, 1982.
Excepting therefrom unto the grantor, its successors an.
assigns, together with the right to grant to others all
mineral, oil and gas rights below the depth of 500 feet
below the surface of said land without the right of surf aca
entry.
REV 8/90 7
RECORDING REQUESTED BY **
.-,
WI IGN nECOrlOED MAIL TO
REAL ESTATE FORECLOSURE SERVICES
6101 BALL ROAD
SUITE 308
CYPRESS, CA 90630
THE U40ERNEO ANT HEflI!Y
CERTIFIES THAT.-THIS IS A TRUE
AND CORRECT COPY OF 1 HE
ORIGINAL DOCUMENT HECOR113
93 ON.,.L193
B" ROSEMARY RODR
/ REAL ESTATE FCEOLOSUI1t tW
LC
Z
SPACE ABOVE T11 LINE FOR RECORDER'S
LOAN No.4445/500578911 OThER REF. 7069530 T. S. U0.5931B ..
Co
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OEj;[MJST.
IMPORTANT NOTICE
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND
IN YOUR PAYMENTS, IT MAYBE SOLD WITHOUT ANY COURT ACTION,
and you may have the legal right to bring your account in good standing by payinq all of your past due payments plus permitted costs and expenses within the time Fermi by law for
reinstatement of your account which is normally five business days prior to the date set for the
sale of your property. No sale date may be set until three months from the date this notice of
default may be recorded (which date of recordation appears on this notice).
Ttilsamountis $6,042,553.70 asof 05/05/1993 ,and will increase until
your account becomes current.
While your property Is in foreclosure, you still must pay other obligations (such as Insurance and
taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the loanpay taxes on the property, provide Insurance on the property, or pay other obligations as
required in the note and deed of trust or mortgage, the beneficiary or mortgagee may Insist that you do so in .order to reinstate your account In good standing. In addition, the beneficiary or
mortgagee may require as a condition to reinstatement that you provide reliable written evidence
that you paid all senior liens, property taxes, and hazard Insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the
entire amount you must pay. You may not have to pay the entire unpaid portion of your account,
even though full payment was demanded but you must pay all amounts In default at the time
payment Is made. However, you and your beneficiary or mortgagee may mutually agree In writing
prior to the time the notice of sale is posted (which may not be earlier than the and of the
three-month period stated above) to, among other, things, (1) provide additional time In which o
cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in
order to cure your default; or both (1) and (2).
Following the expiration of the time period referred to in the first paragraph of this notice, unless
the obligation being foreclosed upon or a separate written agreement between you and your
creditor permits a longer period, you have only the legal right to stop the sale of your property by
paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your
property is in foreclosure for any other reason, contact:
Name of Beneficiary or Mortgagee:
FEDERAL DEPOSIT INSURANCE CORPORATION
AS RECEIVER OF INDEPENDENCE BANK
ATTN: BONNIE J. LEVIN
15910 VENTURA BLVD.
ENCINO, CA 91436
Phone: (816)377-7000
If you have any questions, you should contact a lawyer or the Governmental agency which may
have Insured your loan.
Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale,
provided the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY W515 LO.AL FUQHTS IF YOU DO NQT TAKE PROMPT ACTION.
EL-004 (04/92)
Notice of Default - Ptgo 1
H Contitiud on P qo 2
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
LOAN N. 4446/500878911 OTHER REF. 7069530 T. S. No. 5931B
NOTICE IS HEREBY GIVEN: That R.E.F.S. INC DBA REAL ESTATE FORECLOSURE SERVICES, A CALIFORNIA
CORPORATION , Is duly appointed Trustee under a Deed of Trust dated 01/23/1989,
executed by ST. ANDREWS INVESTMENTS, A CALIFORNIA GENERAL PARTNERSHIP
as Trustor, to secure certain
obligations In favor of INDEPENDENCE BANK, A CALIFORNIA CORPORATION
as Beneficiary,
Recorded 02/27/1990 , as Instrument No. 90-103471 , Book N/A , Page N/A
and Re-recorded , as Instrument No. N/A , Book N/A , Page N/A
of Official Records In the office of the Recorder of SAN DIEGO County, California, describing the
land therein:
As more fully described on said Deed of Trust.
Including 1 note(s) for the sum of $4,900,000.00 ; that the beneficial interest under such Deed of Trust and the
obligations secured thereby are presently held by the beneficiary above referred to; that a breach of, and default In,
the obligations for which such Deed of Trust Is security has occurred in that payment has not been made of:
The unpaid. principal balance of $4,900,000.00.which became all due and
payable on 08/27/91, as per a Revision Agreement dated March 15, 1991,
together with impounds, advances, taxes, delinquent payments on senior
liens or assessments, plus attorney's fees and/or costs.
that by reason thereof, the' present beneficiary under such Deed of Trust has executed and delivered to said
duly appointed Trustee, a written Declaration of Default and Demand for Sale, and has deposited with said duly appointed
Trustee such Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby
declare all sums secured thereby Immediately due and payable and has elected and does hereby elect to cause the trust
property to be sold to satisfy the obligations secured thereby.
Dated: 05/05/1993
FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER OF INDEPENDENCE BANK,
AS BENEFICIARY
HOLLY
AS STANT MANAGING LIQUIDATOR
2 (04/93)
Notice of Dofau1t-.Ptge 2
. 0
S17G *
______ San Diego Gas & Electric
1623 WEST MISSION ROAD • ESCONDIDO, CA 92025
May 25, 1990
PLA 590 FILE NO.
RICK ENGINEERING
NICHOLAS DEILE
1959 PALOMAR OAKS WAY #200
CARLSBAD CA 92009
Dear Mr. Deile:
Subject: 2711, 2713, 2715, 2717, 2719, 2721 Loker Avenue, Carlsbad
Gas and electric service is currently being provided to the above location.
The existing service is provided in accordance with our filed rules and
changes in the method of service due to the conversion from apartments to
condominiums is not required by SDG&E.
Unless a request is made by the developer to alter the existing method of gas
and electric service to this project, there will be no construction required,
nor construction advances required from the developer.
If I may be of further assistance or if you have any questions, please call me
at the number listed below. Our hours are from 7:00 a.m. - 4:00 p.m., Monday
through Friday.
Sincely,
Loi Higgins
Project Management Specialist
Telephone: (619) 480-7632
LAB: kms
RECEIVED
MAY 3 0 1990
RICK ENGINEERING
1200 ELM WNUC' CARLSBAD, CALIFOA 92008
TYOFCARLSBAD
438-5621
REC'D FROM lflY(ic) ) L vit DATE-6-
Ol I 1C/
ACCOUNT NO. DESCRIPTION AMOUNT
vc, T(.(
ill \CI i)iw (Lft C{X)
F? f. , .Ju Al IS 'i'-
C-PRMT 6000-00
RECEIPT NO. 98745 TOTAL
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 application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
Applicant Signatur
Staff Signature:
Date:
To be stapled with receipt to application
Copy for file
____ CITY OF CARLSBAD ____
1200 ELivr -cNUE CARLSBAD, CALl tIA 92008
4385621
REC'D FRQM\\L(. ( 8699 TE/
(p J ) C—PRAT 4Ooc
ACCOUNT NO. DESCRIPTION AMOUNT
RECEIPT NO. 101468 TOTAL