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Home My WebLink AboutCT 90-28; LUCIERNAGA TOWNHOMES; Tentative Map (CT)CITY OF CARLSBAD IV LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. (For Dept. Use Only) Use Only) Master Plan .................________ Specific Plan ...............________ E Precise Development Plan... Tentative Tract Map ........ ..________ Planned Development Permit Non-Residential Planned Development Permit ........ ._________ General Plan Amendment...... E Site Development Plan....... Zone Change................. Conditional Use Permit...... Hillside Development Permit. Environmental Impact Assessment................ C V'd? Variance.................... Condominium Permit ........... Special Use Permit ......... Planned Industrial Permit... Redevelopment Permit ....... Coastal Development Permit.. Tentative Parcel Map ....... Planning Commission Deter... Administrative Variance.... 2) LOCATION OF PROJECT: ON THE I NORTH SIDE OFI_LUCIERNAGA STREET (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I URUBU STREET AND I CEBU PLACE (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: ILOT 398 OF LaCOSTA MEADOWS, UNIT NO. 2 OF MAP 1 6906 IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA 4) ASSESSOR PARCEL NO(S),I 215-330-12 5) LOCAL FACILITIESJ 6 I 6) EXISTING GENERAL nmNTThJL7) PROPOSED GENERAL&DEJ MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONINGI RDM 1 9 ) PROPOSED ZONINGI RDM 10) GROSS SITEI 77 ACREAGE 11) PROPOSED NUMBER OFI 112 PROPOSED NUMBER p' I ONE 113) TYPE OF I RESIDENTIAL UNITS 6 OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE COMMERCIAL IN DUST I RAL) 15) PROPOSED INDUSTRIAL I I 16) PROPOSED COMMERCIAL I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE -I ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS L6 TRAFFIC 1 8-10% 1 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: 13 2-UNIT TOWNHOMES (6 TOTAL UNITS) I LAYED OUT PERPENDICULAR TO THE STREET. EACH UNIT HA 3-BR, A 2-CAR GARAGE AND PRIVATE REAR YARD. THERE IS ALZO A SMALL COMMUNI 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) HANK HSUIEH NAME (PRINT OR TYPE)JOSEPH WONG DE S IGN ASSOCL MAILING ADDRESS MAILING ADDRESS P.O. BOX 8334 2359 FOURTH AVENUE CITY AND STATE ZIP TELEPHONE CITY ANJJ STATE San Diego, CA 921ZJf go RANCHO SANTA FE, CA 92067 759-0211 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 KNOWL DGE INFORMATION IS TRUE AND CORRECT TO ,URE ATE THE BEST OF MY KNOWLEDGE. SIGN RE DATE aw FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED 'r)rr H&' I opc (oWo ?&z- ir ?oc ************ JUL 31 fl) ('rrv OF rr cpr- r)F\!! np (.'F nw DATE STAMP APPLICATION RECEIVED 1W*II3'. TOTAL FEE REQUIREDI I DATE FEE PAID I 7(7 Liqc) I RECEIPT NO. I I ARFM0008.DH 4/89 . . STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRELIMINARY REPORT July 14, 1990 CHANG HSIUEH P.O. BOX 8384 RANCHO SANTA FE, CA ATTENTION: YOUR NO. OUR NO. 99977-6 92067 LOAN REF: HSIUEH IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 05, 1990 AT 7:30 A.M. SHELYZ ARNESEN/tia TITLE OFFICER qc c 9 Cö1 . 99977-6 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( ) SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: HANG CHENG HSIUEH AND CHI LU HSIUEH, HUSBAND AND WIFE AND HANG LUNG HSIUEH AND HORNG lEAN HSIUEH, HUSBAND AND WIFE, ALL AS JOINT TENANTS . 99977-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOT 398, IN LA COSTA MEADOWS UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 21, 1971. . . 99977-6 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. General and special County and/or City Taxes for the fiscal year 1990-91, a lien not yet payable. lA. General and special County and/or City Taxes for the fiscal year 1989-90, includin personal property tax, if any. First Installment: $1,472.14 PAID Second Installment: $1,472.14 PAID Land: $259,782.00 Code Area: 09064 Parcel No. 215-330-12 lB. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1988-89 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA 09064 PARCEL NO. 889-074-12-08 LAND $95,311.00 FIRST INSTALLMENT $85.34 PAID SECOND INSTALLMENT $85.34 OPEN 1C. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1988-89 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA 09064 PARCEL NO. 889-074-12-09 LAND $90,218.00 FIRST INSTALLMENT $475.18 PAID SECOND INSTALLMENT $475.18 OPEN 1D. 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. 2. Covenants, conditions and restrictions in the Declaration of Restrictions recorded MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL RECORDS. -1- ri . . SCHEDULE B CONTINUED 99977-6 Restrictions, if any based on race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 5. An agreement particulars Dated: By and Between: Regarding: Recorded: to which reference is hereby made for full JUNE 11, 1986 THE CITY OF CARLSBAD AND KER-KONG TUNG AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM OCTOBER 24, 1986 AS FILE NO. 86-482998 of Official Records to which reference is hereby made for full SEPTEMBER 25, 1986 CITY OF CARLSBAD AND KER-KONG TUNG AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 18, 1986 AS FILE NO. 86-530219 of Official Records 3. An agreement particulars Dated: By and Between: Regarding: Recorded: 5. A Deed of Trust to secure an indebtedness of stated herein and any other amounts payable under thereof the amount the terms Dated AUGUST 16, 1985 Amount $10,648.00 Trustor KER-KONG ¶PrINa. mrimi OF THE -rttmir mrmv Trustee Beneficiary Recorded Sfl.J&J .LtSflJ 11 KENNETH J. PIERRE AND LINDA M. PIERRE, HUSBAND AND WIFE AS JOINT TENANTS; MIROSLAVE NADJ AND HENRIETTE NADJ, HUSBAND & WIFE AS JOINT TENANTS; FREDRICK HINES AND LORETTA HINES; HUSBAND & WIFE, AS JOINT TENANTS; ERNEST H. BROOKS & BETTY N. BROOKS, HUSBAND AND WIFE AS JOINT TENANTS, CHIEN-YUNG WEI AND JULIE H. WEI, HUSBAND & WIFE, AS JOINT TENANTS; AND YUAN-BIN WANG & LOUISA WANG, HUSBAND AND WIFE, AS JOINT TENANTS FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION SAN MARCOS UNIFIED SCHOOL DISTRICT AUGUST 23, 1985 AS FILE NO. 85-313961 OF OFFICIAL RECORDS NOTE': Our records do not indicate that the above deed of trust has been released by a recorded reconveyance. However, said -2- S SCHEDULE B CONTINUED deed of trust may be omitted from a policy of title insurance, provided this company is in receipt of said deed of reconveyance for recording or is in receipt of a letter of indemnity from the responsible previous title insurer. 6. THE REQUIREMENT THAT A NOTICE OF COMPLETION BE RECORDED ON SAID PROPERTY 7. IN THE INTEREST OF EXPEDITING THIS TRANSACTION, AND FOR THE PROTECTION OF ALL PARTIES CONCERNED, WE REQUIRE A STATEMENT OF INFORMATION ON HSIUEH, EVEN THOUGH WE FIND NO MATTERS OF RECORD AS OF THE DATE OF THIS REPORT. NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE). POLICY CHARGE WILL BE BASED ON 100%. -3- 4 / am Ll ~w !ftxm~kk~~ J24 F M 18 mor ow.".w"m I COUNTY TM2-2 , LA COSTA MEADOWS UNIT NO 4 T 1 11 SHEETS ( ) CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIFO A 92008 4385621 REC'D FRO MH( I Siii- L1 -) -' DME/9I4OO cL C-PRMT 473400 ' /t-x - S ACCOUNT NO. DESCRIPTION AMOUNT I-Wo(:3(.// (/\ )) :2 uu RECEIPT NO. 99002 TOTAL 4 T. '=• •-• l-•-1 JI jj : ct -t ij •' . -. 'J. City of Carlsbad = U— ã 1iTfltii •I-T iripi DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP ITEESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. 'lease Print) he following information must be disclosed: Applicant ..Ust the names and addresses of all persons having a financial interest in the application. Josejph Wong Design Associates - Owner: Joseph 0. Wong 2359 Fourth Avenue 2359 Fourth Avenue San Diego, CA 92101 San Dlecio, CA 921O Owner List the names and addresses of all persons having Owners/Partners: 1 I-Irj I-tsiieJ P.O. Box 84 Rancho Santa Fe, CA 92067 2. Horng-Yean Hsiueh same address as Owner 1. any ownership interest in the property involved. 3. Cheng Hsiueh P.O. Box 935 Rancho Santa Fe, CA 92067 4. Chi-Lu I-lsiueh same address as Owner 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership,. list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Ap1icant: Joseph Wong Design Assoc. 2. Horng-Yean Hsiuieh Owner: Joseph U. Wong, A.I.A. Address same as above Address same as above . Cheng I-isiiueh - Owner/Partner: Address same as above 1. Hang Hsiueh 4. Chi-Lu Hsiueh Address same as above Address same as above If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. V FRM00013 8/90 -it 'Ifrrtia 92009-4859 • (619)438-1161 Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Bcarc: Commissions, Committees and Council within the past twelve months? Yes - No if 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, crry municipality, district or other political subdivision, or any other group or combination acting as a unit.' __,eJ re of ner/date t, Signature of applicant/date U ina ( _gCeng Hsiueh, Chi-Lu Hsiueh Hang Hsiueh Horna-van Hsiueh Joseph Wong Print or type name of owner Print or type name of applicant (NOTE: Attach won pages a e - 'a STATEMENT OF AGREEMENT 11 TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the CarIsbai 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. Date /L/,4AJ. I. /47/1 Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 S S Le4c4l&4 C4* tV4e4 14 LOIS HUMPUREYS President STEPHEN DEERING Vice President ELAINE SULLIVAN Director JUDY HANSON Director WILLIAM SALTZMAN Director JOAN GEISEIHART Manager July 20, 1990 City of Carlsbad 2075 Las Palmas Drive Carlsbad, Ca. 92009 Re: Sewer Service Availability for ARM 215-330-12 Applicant: Hang L. Hsiueh Project Description: Six (6) Unit Townhomes Gentlemen: The referenced project is located within the boundaries of the Leucadia County Water District. Sewer permits are currently being issued for new connections pursuant to District ordinances. It can be reasonably expected that service will be available to each unit of this project concurrent with need. This letter is valid for two years and is transferable to a new owner upon approval of the District. Very truly yours, Leucadia County Water District 4Z/42 W.V. Roehl Administrative Assistant FAX (69) 753-3094 District Office: 1960 La Costa Avenue, Carlsbad, California 92009 . P.O. Box 2397, Leucadia, California 92024-0954 . (619) 753-0155 Printed on recycled paper. VALLECI• 10 Water District A Public Agency 788 San Marcos Boulevard FAX (619) 744-3507 (619) 744-0460 San Marcos, California 92069 July 30, 1990 Mr. Hang L. Hsiueh P.O. Box 8334 Rancho Santa Fe. Ca. 92067 RE: Water Service Availability A: 215-330-12 Upon review of the above referenced project, the following is provided for your information. The property is within the Vallecitos Water District and eligible for service. Water service will be provided under the rules and regulations of the District, under normal operating conditions and after all required fees have been paid. The property is within a pressure zone which maintains a hydraulic gradeline of 815 feet above sea level. The highest elevation on your proposed development appears to be 492 feet, this would give the property approximately 139 psi at that elevation. An 8-inch water main exists in luciemaga Street adjacent to the project. Water service will be provided through the existing main. Contact with the Fire Department should be made to determine requirements for fire facilities to your project. The fire department will determine fire flow required and location of facilities. Water service will only be coimnitted at the time the owner/developer pays all capacity/connection fees and other related fees required. If there are any additional questions please contact me or Dennis Lamb at the District. Sincerely, VMIECTIOS WATER DISTRICT thetyl randstrom Engineering Tech II cc: Dennis Lamb, Engineering Manager 1 .0 . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Space above this line for Recorder's use 21-5-330-12 Parcel No.___________________________ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this tird day of 7tiy 19 by and between F1avi',- 1e'1 -L5ue1i, Cj-Lu /-f"aeli, cnL. Hiu1i, Hovq - n ('Name of Developer-Owner) a artz'ierhip , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is O.B°X34,1?'7'?/th(Ieñlayor_Raiick.ana7,4. (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 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: REV 3-1-88 C9 c2 9O S I - tc Ci'X iovJnhos€ an1 on said Property, which development carries the proposed name of______________ Lriia.r Tiowil and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the Thc( day of TLA , with the City a request for Tt.11iie- ncp Cndoi,'ni'wn p-ermi' od ej'rônn'ieritc( aeiet. 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 js 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. REV 3-1-88 2 S . - 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 other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion 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. REV 3-1-88 3 S . 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for 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. REV 3-1-88 4 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. 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 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 3-1-88 5 DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California (Title) By: ;- - -- (Title) \ (name) By: By: MARTIN ORENYAK For City Manager L. Hv:L . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. ATTEST: ALETHA L. RAUTENKRANZ, City Clerk PARTNERSHIP ACKNOWLEDGMENT State of ____________________________ On this thea' day of County of*-' &I1 I Lib c, personally rsned 74 I jA. (. NO. 2W - 19,before me, OFFICIAL SMI BARBARA L DENNIS NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expku NOV 12, 1990 Versonally known to me roved to me on the basis of satisfactory evidence to be the persowho executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. Notary's Signature ATTENTION NOTARY: Although the information requested below is OPTIO7L, it could prevent trauj attchment of this ctifate to a other docu Title or Type of Document / THIS CERTIFICATE MUST BE ATTACHED Number of Pages '7 Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 7130 019 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O 80x 7184 • Canoga Partc, CA 91J47184 EXHIBIT 1A' LEGAL DESCRIPTION Lot 395 of La Costa Meadow, Unit No. 2, In the City of Carlsbad, County of San Diego, State OF California, According to map thereof Na. 6906 Filed in the office of the county recorder of San Diego County, April 21, 1971 REV 3-1-88 7 I .-Th IRV viRl(TY MAP City of Carlsbad LUctERNAcA TMMJfAE CT 902RJtP on-77 co - Ulf *1111116- c cr 90 95 5 4q0 ____ --------------- \ I 47& — 2TDWOU ;PRO SED '-I 1 II / / \ / / EXISTING APARTMENTS U' "—Ic,--'-- - HIN(I 2-TOWN OU PRO SED I EXISTING / RECREATION AREA / Poo L, O RE R$iREgI. PR Yfl7 - -/ rrr4I.7 I) MIN. rYP 2 TOW GU w-" - PRO SED _OtI MIN ClYP) trY EXISTING - APARTMENTS' II - HQIfl-1 im- / LUCIERNAGA STREET - - SIC 34 1TJ-7EET t1r a , P _L !i .._______t *._______ ________ I .•._ --------- •.,r,•.. - : I L - F.Wfl.Z, t talk. •M-. J• es..-, _-. . ''t• er • I lkkC .O - 'V k ¼ II' -. - .•.-n,- t-. YI I lk i ' _-# LA COSTA MEADOWS UNIT NO.2 Ar 3)3 9/ ¼. 4 353 EET 7 OF 11 SHEETS QA 'I \ - \ ! \ -- i' • sit MsrF\ 404 403 405 '0€ : 407 ¼ IT- \ 402 -- - '_I ?• I I "I I It 'of / I ¼. ¼. NOTICE Th prt Is for your aid in ioc,oting the land with reference to I hcr tCf, N r' on ac --r wa:.h refr t :r d.ncn3iOnS. oM:\-IJNW[.IL t D TITLE INSU1AHCE COMPNY p CL CF) a- I —: I 41 I . ),,s N 7Z_ .- S -- - .-- - I- - LG,CCESS iL CONDW \Ln MEHP - • C822 5 Z - AU 0.55C (SEE 3) - 412 MEADOW .'ILLAS - DOC 72-3321p (SEE Si-IT 2) - 0S5AC, 5.0A AC. I 1 410 3.21 AC 39 rif CONDM VALLEY VIEV - DO'- 81-165570 A - (SEC S1-ITI) 0.7 C. 59AC - . 394 10, )0.72 AC. 395 0.84AC C 58 - .. / AC CONDM 344 - . 0 6 LA COSTA MEADOWS 296 1. 0 AC, - 407 CB4-D77gg8 0 6. - , (SEE ST. 3 2- 3 m • . -. . 081 AC 2 . , P2 A . - -. . 2.9 3 AC 22 if 4f/ - WS ) to P 399 CL 42 t63 - 401 So 0 - A 341 - . . PlO2RLSB T N8O_4 - MAP 9l4.- CAPLSBAD TCT 79-8' 2 OAEW - - MAP 73 - MEADOW VILLAS En ,o DOcBI-356121 - MAP G905 - LA COSTA MEADOWs UNIT NO 2 — / MAP 10706-CAR TCT NO 79-7 .!. 3 c 215 PG 33 SHT. I O 3 2. flHIS , flHfl / I-I - —I - rn C) I—I - rn