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HomeMy WebLinkAboutCUP 217; Tyler Court Apartments; Conditional Use Permit (CUP)*• f C f r ^REQUEST QZone Change D Precise Development Plan D General Plan Amendment D Specific Plan D Tentative Tract Map D Site Development Plan D Planned Unit Development ^Conditional Use Permit D Major Condominium Permit D Variance D Minor Condominium Permit D Planning Commission Determination D Master Plan Q Special Use Permit ••••••-.• OMajor Condominium Conversion • • - • .;:-.:•: Q Administrative Variance Complete Description of project (attach additional sheets if necessary) 75-UNIT SENIOR HOUSING PROJECT WITH COMMUNITY ROOM, LAUNDRY FACILITIES AND TRASH ENCLOSURE. Location of Project 3363 TYLER STREET, CARLSBAD, CA. Legal Description (complete) A PORTION OF LOT #9 AND LOT #10 OF THE INDUSTRIAL TRACT. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAP NO. 1743 Assessors Parcel Number 204-070-12^ 13i AND 14 Zone RDM Proposed Zone SAME AS EXISTING General Plan Existing Land Use RESIDENTIAL MEDIUM-HIGH DENSITY VACANT LOT Proposed General Plan Site Acreage SAME 1.18 ACRES Owner Name (Print or Type) TYLER PROPERTIES, LTD. Mailing Address P.O. BOX 481 City and State Zip Telephone CARDIFF, CA. 92007 (714) 755-8115 I CERTIFY THAT I AT THAT ALL THE ABOVE AND CORRECT "TOlTHE, A THE LEGAL OWNER AND INFORT'lATTON IS TRUE BEST OF MY KNOWLEDGE 1 D^f1* :££=$ •s-is-pr") fete Amiieaflbn Rec'd ~*- .Ree^ved/Bv1 Cate/fepplicalaan Received ^ Staff Assigned' Applicant Name (Print or Type) HOWARD L. SWEATTE Mailing Address P.O. BOX 11321 City and State Zip JIteTephone "^x SAN DIEGO, CA. 92111 f (714) 279-9247 I f 'JVDn^T'h'V rrn_T7\ T* "T TVX^T TitT^* Or.TjvrCT? 'O "tl"CTP)'I!iC3'~>Tir\TTiT"^ TTT*UtuKlJLt i ItJAI JL AM intL UWNiiK— s — bJtjFi^oJciNllVJi^^, AND THAT ALL THE ABOVE BSOSMATION IS TRUE ~ AND CORRECT TO THE BEST OF MY KNOWLEDGE SIGNATURE J j 1 / j DATE 'pees Receives Receipt' Yb. •*fyto$< '• • *"?V-Sr^X , , - Case Number - , ; K \ \ .that further information is required, you will be so advised. HOWARD L. SWEATTEAPPLICANT: AGENT: Name (individual, partnership, joint venture, corporation, syndication) P.O. BOX 11321. SAN DIEGO. CA. 92111 . Business Address (714) 279-9247 _________ Telephone Number Name Business Address MEMBERS: Telephone Nunber CLIFFORD C. SWEATTE Name '(individual, partner, joint _ venture, corporation, syndication) P.O. BOX 481, CARDIFF, CA. 92007 450 SERPENTINE DRIVE, DEL MAR. CA, Home Address Business Address (714) 755-8115 Telephone Nuaber JIM WARING (LIMITED PARTNER) Telephone Number Kane Rome Address 110 JUNIPER STREET, SAN DIEGO, CA. 92103 Business Address (714) 235-4040 Telephone Nuaber Telephone Suraber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and nay be' relied noon as being true and correct until amended. • slicawat Agent, Cv:ner, Partner •C •<Vl WHEN RECORDED MAIL TO: James T. Waring, Esq. Miller, Boyko and Bell One Ten Juniper Street San Diego, California 92101 I THE FOREGOING INSTRUMENT IS A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL RECORDED ON (•'-• ' // ~ &./__ PH-f- PAGE 'i'/---/.2--'/-'i OF 6m5iyL~RTcO~R~D~S~CF SAN DIEGO COUNTY. CALIFORNIA WORLD TITLE COMPANY r '-i •- 1 , M C ' » ^, > •-_ 1^(3,- CERTIFICATE OF LIMITED PARTNERSHIP OF TYLER PROPERTIES, LTD. We, the undersigned, desiring to form a limited partnership pursuant to the Uniform Limited Partnership Act of the State of California, hereby make the following cer- tificate: Ltd. The name of the partnership is Tyler Properties, II The character of the business of this partnership is to acquire, own and develop a condominium project located on Tyler Street, Carlsbad, California. Ill The location of the principal place of business is 450 Serpentine Drive, Del Mar, California 92014. IV The name and place of residence of the general partner is Clifford Sweatte, 450 Serpentine Drive, Del Mar, California 92014. The name and place of residence of the limited partner is James T. Waring, 2266 Juan Street, San Diego, California 92103 V The term for which the partnership is to exist shall commence on the date of recordation of the Certificate of Limited Partnership and shall continue for a period of five (5) years thereafter, except that the partnership may termi- nate prior to such date in accordance with the terms of the Agreement of Limited Partnership. VI A. The limited partners have collectively contri- buted the sum of One Thousand Dollars ($1,000.00) in cash to this limited partnership as their capital contribution. B. The general partners have collectively contri- buted the sum of One Thousand Dollars ($1,000.00) in cash to this limited partnership as their capital contribution. VII Limited partners shall not be required to contribute to the capital of this partnership, or to its creditors, any additional money or property, the liability of each limited partner being limited to the amount of his initial capital con- tribution. VIII No time is agreed on when the contributions of any limited partner is to be returned. IX The; share of the profits or loss and the cash flow of the partnership or the other compensation by way of income which each partner shall receive by reason of his contribution is as follows: General partners - 50% Limited partners - 507o X A partner's interest in the partnership shall not be sold, assigned, transferred or otherwise disposed of, in whole or in part, except upon the following conditions and each of them: A. In the event of a proposed voluntary transfer or sale of said partnership interest, the remaining partners shall have declined to exercise a right of first refusal, hereby granted by the proposed assignor or seller. -2- IXI No right is given to any limited partner to priority over any other limited partner as to return of contributions or as to compensation. XII A. On the death, retirement, or insanity of a general partner, the business may be continued by the remaining general partner in the manner specified in the Limited Partnership Agreement B. If an individual limited partner dies, his per- sonal representative or other successor-in-interest shall have all the rights and privileges of a limited partner. XIII No right is given a limited partner to demand and receive property other than cash in return for his contribution, provided, however, that division of the partnership's assets may be made in kind by mutual agreement of all the partners. XIV The limited partners shall not participate in the management of the partnership affairs. Notwithstanding the above, each limited partner is expressly authorized to exer- cise all such rights as may be lawfully exercised by a limited partner under the terms of the California Limited Partnership Act as incorporated into the California Corpora- tions Code. XV The general partners shall have sole and complete charge and control of the management and affairs of the business of the partnership and assume direction of its business operations. Except as otherwise expressly provided in the partnership agree- ment, all things to be done by the partnership shall be done under the general partners' control and supervision. The general partners shall have the authority to act on behalf of the partner- ship in all matters respecting the partnership, its business and property, without limiting the generality of the above, the general partners shall have the authority: A. To employ at the partnership's expense, such agents, advisors, brokers, employees, independent contractors, attorneys and accountants as the general partner considers necessary. Reasonable compensation for all such services shall be paid by the partnership, it being specifically agreed that the general partner may employ himself or his affiliates to perform any of such -3- f services and, in such event, shall be entitled to reasonable compensation therefor; B. To pay, collect, compromise, arbitrate or otherwise adjust any and all claims or demands of or against the partnership, and to commence or defend, at the partnership's expense, litigation that pertains to the partnership or any partnership asset; C. To act for the partnership in all transactions concerning the partnership's property and business affairs, includ- ing the execution of all contracts, deeds, options, loan obligations, deeds of trust and notes, or other documents as may be necessary or appropriate to carry out all partnership purposes; D. To negotiate and sell, acquire, exchange, lease, improve, develop, repair, pledge, borrow against, hypothecate, transfer or dispose of partnership property. If security is required for any transaction entered into by the partnership, to mortgage or subject to any other security instrument any portion of the partnership property, execute any note or trust deed or replace any deed of trust or other security instrument, replace any note or other obligation, and prepay, in whole or in part, refinance, increase, modify, consolidate or extend any deed of trust or other security instrument; and E. To carry such insurance as the general partner may deem appropriate. The general partners shall not, ex'cept with the written consent of each limited partner, do any act in contravention of the Agreement of Limited Partnership, or which would make it impossible to carry on the ordinary business of the partnership; confess a judgment against the partnership; possess, pledge or hypothecate the partnership assets for other than partnership purposes; or sell, assign, trade, or pledge any of the claims or debts due the partnership, except as payment in full. XVI This Certificate may be amended in accordance with Section 15525.5 of the California Corporations Code. IN WITNESS WHEREOF, the undersigned have executed this Certificate on the /-yjA day of June, 1981. iWEATTE, General Partner &>,* . -•':. . JAMES T. WARING, Limited Partner STATE OF CALIFORNIA COUNTY OF St'^v aJit' On this._day of.T before me, the undersigned. a Notary Public in and for said County and State, personally appeared. .known to me to be._of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. \ NSignature ^- J • N*. >. A. ^ Name (Typed or Printed) PR-44 (30) OFFICIAL SRA.LWENDY SUE CALLAHAN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My eomm. expires NOV 12, 1982 ^i..«. MM m,,^i**f*~~*P*^a (This area for Official seal) STATE OF CALIFORNIA • COUNTY OF On this..day of t a Notary Publiciiiliciaand for saiACounty and State, personally appeared ( 'ItrJrpAfT ^StAJtsA-rre^ ,19-before me, the undersigned, to be. known to me _of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same, id official seal.WITNESS my Signature _ Name (Typed or Printed) OFFICIAL SEAL CHRISTIE GILMORE NOTARY PU3LIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires OcL 30,1981 (This area for official seal) PR-44 (30) CITY OF CARLSBAD Community Development File Review Form Date: Please list below the project(s) for which File(s) you would like to review. Engineering Engineering Engineering Planning Building Planning *——' Building Planning Building of request to review City of Carlsbad file(s) on the above named project(s) and agree to return the file(s) with all documents in the order and condition in which they were presented to me. Signature COMPANY: ADDRESS:_ CITY: , TIME IN: .TELEPHONE: TIME OUT:y/v r I have reviewed subject City of Carlsbad file(s) on the project(s) listed above and have returned the file(s) with all documents in the order and condition in which they were presented to me. Printed Name File Use Authorization: By: Dept.: PI 4* iii Date: . 7/88