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