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HomeMy WebLinkAboutHDP 91-07; BROWN DUGGINS; Hillside Development Permit (HDP).. . " ~ ClTY Of CARLSBAD LAND USE REVIEW APPUCAll0N FOR PAGE 1 Of 2 1) APPLlCAT10NS APPUED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLy) 0 Master Plan 0 General Plan Amendment 0 Specific Plan 0 Local Coastal Plan Amendment 0 Precise Development Plan 0 Site Development Plan 0 Tenratjve Tract Map 0 Zone Change 0 Planned Development Permit 0 Conditional Use Permit 0 Non-Residenrial Planned Development ~ Hillside Development Permit 11-07 0 Condominium Permit !Xl Environmental [mpact Assessment tv/A 0 Speclal Use Permit 0 Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 Tentative Parcel Map 0 Coastal Development Permit 0 Adminisrrauve Variance 0 Planning Commission Derenninanon 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON THE North SIDE OF I Cbe:t:J:t A;r:UlJe BETVVEEN (NORTH, soum EAST, WESTI I Celinda DrivJ ~D (NAME OF STREETI (NAME OF STREETI .-----,-----" Donna Driye . (NAME OF STREETI ~ ____________________ ~ __ ~~~~~~~P~.;M~.~~~-=~~~~~~~~~adt C. of S.D. County Recorder. 4) ASSESSOR PARCEL NO(S). I 167-070-22,23 I 5) LOCAL FACIUTIES MANAGEMENT ZONE 1 16) EXISTING GENERAL PLAN '--.;.....-~ DESIGNATION I RLM ]7) PROPOSED GENERAL PLAN INo c~an e DESIGNATION 8) EXlS11NG ZONING 11) PROPOSED NUMBER Of RESIDENTIAL UNITS ~: 1.0, OOp 9) PROPOSED ZONING r;---l12) PROPOSED NUMBER ~OfLOTS 14) NUMBER OF EXlS11NG RESIDENTIAL UNITS 0 ...... ----~ ~ CfKu1~eP)GROSSSITE ACREAGE ~ 13) TYPE OP SUBDMSION r-l L:-J ~ (RESIDENTIAL COMMERCIAl.. IN DUSTRLAL.) 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE o=J 16) PROPOSED COMMERCIAl.. W/A SQUARE fOOTAGE N/A NOTE.: A PIIDP05I!D PIWJI!Cl' IlIIQUDUNG ntAT ..... tJIIU .APf'l..K:AnONS B& PILID ...-r .. SlIBMTfiI) JIJUC». to l:3O , ..... A JItWIIIOIIifl) I'II.OJrCI' R!QUIIING 11iAT <HoY CIo&APPUCAnON IIIUILlDuusrllll:stlBllll'l"l!D PItJOa. TO~''''' 1'RMOOO168/9O , . .. j CI1Y OF CARLSBAD LAND USE REV1EW APPUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 55% 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC 20 20) PROJECT NAME; I Brown/Duggins residences 21) BRIEF DESCRlPTION OF PROJECT: I Grading and construction of 2 single family residences on 2 lots. 22) IN THE PROCESS OF PLANNING COMMIS ENTER THE PROPER PURPOSE 23) OWNER NAME (PRINT OR 'TYPE) Al PLICATION IT MAY BE NECESSARY FOR MEMBERS OF CI1Y STAFF, BOARD MEMBERS, OR CI1Y COUNCIL MEMBERS TO INSPECT AND SUBJECT OF THIS APPLICATION, [!WE CONSENT TO ENTRY FOR THIS 24) APPLICANT & Nonna Brown NAME (PRlNT OR TYPE) Glerm & Joy Duggins Kent Forgeon MAiUNG ADDRESS MAiLING ADDRESS 185 Chinquapin Ave. 185 Chinquapin Ave. CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad CA 92008 434-7794 carlsbad CA 92008 '434-7794 I CERTIfY TrlAT I AM THE LEGAL OWNER I CffITIfY TrlAT I AM THE LEGAL OWNER', REPR£SENTAnvE AND AI'lO TrlAT ALL THE AI'ANE lNfORMATION TrlAT ALL THE AN:Nt. INfORMATION IS TRUE AND t:olUl£CT TO mE IS TR U E AI'lO OOAA£CT TO THE II.ESl' Of 7r:;;;~ MY KNOWLEDGE. DATE ' SIGNATURE DATE 3/'-1/91 See attached ;;;;:;;;;;;;;.;~~;; ••.•••.•.•.•..•..••••••..•...••.................... ;f" .••..•.... ~~~~:it~~:t' ........... , - FEE COMPUTATION: APPUCATION 1YP£ FEE REQUIRED f,1l\R 1 ~ 1JS ) HbP CPJHeQ... ~7G) .01:> CITY OF CARLSBAD. PFF;«"Z-) {!;;o.ov rW'\Ir:"1 "p PP.()0. ,~r-I1}\I_ DIV., --..", J."'f$_pa_"'_, ..... _~_~_ .... r - DATE STAMP APPUCATION RECEIVED RECEIVED BY: I 'V: t.;y: IV pC ~ TOTAL FEE REQUIRED I '1W~oo I DATE FEE PAlD .3 -(y-f! RECEIPT NO, r 3lf2 '7 I ,'''' . • Sheet 3 of Land Use Review Application I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. DATE: '3 -'7 -q ! Normaje~Brow,~ __ DATE: 2-'1-C; I DATE: 3/f/5Y' DATE: .,3,. '-!" q / 3-¥-C]1 · ... ~ DISCLOSURE STATEMENT · . APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH"WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Agglicant List the names and addresses of all persons having a financial interest in the application. Glenn E. and ,Joy r. Duggins AJtouK. & Normajeau Brown 3619 Amigos Court 212 Wildhorse Drive Oceanside, CA 92056 Palm Desert, CA 92260 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Same as above ~S~a~m=e~a~s~a~b~O~)~T~e~ ____________ _ 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% 01 the shares in the corporation or owning any partnership interest in the partnership. N/A 4. 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. N/A FRMOOO13 8/90 2075 Las Palrnas Drive • Carlsbad. California 92009-4659 • (619) 438-1161 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ No.lL If yes, please indicate person(s) ____________________ _ ~ ia defln~ ... : 'Any individu.l. firm. copartner.hip. joint venture ..... oci.tion •• ocial club. fr.ternal organiz.tion. corporation ... tate. trult. receiver. ,yndicate. thi. and any other county. city and county. city municipality. diltrlct or other political .ubdivllion, or any other group or combination acting ... a unit' (NOTE: Attach additional pages as necessary.) Glenn E. Duggins Print or type name of owner ~ tf{L~~ iton~ih'OW NorInaje BrOwn FRMOOO13 8/90 rgnature of a Kent Forgeon Print or type name of applicant ... -_ ..... ~ ... ""'.m'h .• "' .... ,...-.v. •. .,. ,,",,,","'.,,,0·""·',,, \ Ii ""';""~''''''''''' __ I<''''''''' """"""-N'",.,.",.",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,UO',,,,, ..... .,. GATEWAY TITLE COmPANY o 1900 West Olive Avenue, Burbank, California 91506, (818) 953-2300, (213) 849-2380 [J 2100 West Orangewood Avenue, Orange, California 92668, (714) 978-9800 [) 1300 Eastman Avenue, Suite 100, Ventura, California 93003, (805) 642-0303 [] 930 South Mount Vernon Avenue, P.O. Box 808, Colton, California 92324, (714) 825-3661 '0 1615 Murray Canyon Road, Suite 220, San Diego, California 92108, (619) 299-7892 ~ 21221 Western Avenue, Suite 170, Torrance, California 90501, (213) 328-1500 PRELIMINARY REPORT CITY OF CARLSBAD DEVELOP. PROC. S.ERV. DIV-" In response to the above referenced application for a policy of title insurance, GATEWAY TITLE CDmPANY 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 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 in the attached list. 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. The'form of policy of title insurance contemplated by this report is shown at the top of Schedule A attached hereto. Title Officer Form GTC·004 (Rev 7·90) Order No. 660-1600337-61 Title officer. Candy Church Policy(ies) contemplated. PI·eliminary Report American Land Title Association Loan Policy KENT FORGBN GATEWAY TITLE COMPANY 185 CHINQUAPIN CARLSBAD, CA 92008 Our No.1 660-1600337-61 Your Ref, DUGGINS ATTN I KENT Date, February 25, 1991 at 7.30 A.M. SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report iSI A fee as to Parcel(s) AJ an easement, as to Parcells) 8, C. Title to the said estate or interest at the date hereof is vested ina Glenn E. Duggins and Joy L. Duggins, husband and wife as joint ten~ts The land referred to in this report is situated in the State of California, County of San Diego, and is described as followsl DESCRIPTION CONTAINED IN "RXHI8IT A" attached hereto and made a part hereof. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 619-299-7892 Gateway Order No.1 660-1600337~6l Reference No.1 DUGGINS EXHIBIT A PARCBL AI Parcel 2 of Parcel Map No. 14001, in the City of Carlsbad, County of San Diego, State of California, filed n the office of the County Recorder of San Diego County, October 29, 1985 as File No. 85-404167 of Official Records. PARCBL BI An easement for sewer pipe line and appurtenances thereto along the Westerly 10 feet of the following described land. A portion of Lot ItJIt of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County. Recorder of San Diego County, November 16, 1896, described as follows. Beginning at the Southwest corner of said Lot "J"; thence North 23 degrees 33 minutes West along the Southwesterl! line of said Lot "J", 179.37 feet to a point on the Northerly 1 ne of the County Road as shown on Road Survey No. 523, said point being the true point of beginning; thence North 23 degrees 33 minutes West along said Southwesterly line of said Lot "J", 140.68 feet; thence at right and angles to said line North 66 degrees 27 minutes Bast, 100.00 feet; thence South 23 degrees 33 minutes East, 111.34 feet to point being a point on a curve concave Southerly having a radius of 326.09 feet, a radial line from said point bears South 34 degrees 26 minutes 26 seconds East; thence Southwesterly along said Northerly line of said County Road No. 523, along the arc of asid curve through a central angle of 11 degrees 06 minutes 3.4 seconds a distance of 63.23 feet to a point of reverse curvature concave Northerly having a radius of 203.36 feet, a radIal Une through said point of reverse curvature bears North 45 degrees 33 minutes 00 seconds West; thence continuing along said Northerly line of said County Road through a central angle of 11 degrees 35 minutes 42 seconds a distance of 41.15 feet to the true point of beginning. PARCBL C. An easement for drainage over the Southeasterly 5 feet of Lot 5 of Map No. 4165. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 {''II 0 ",In.1'1 1")1:\!"."4 Preliminary Report Order No. 660-1600337-61 SCHEDULE 8 GATEWAY TITLE COMPANY At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows. 1. Property taxes, including any personal property taxes, and any assessments collected with taxes, for the fiscal year 1990-19911 First installment Second installment Homeowners exemptionl Code areal Assessors Parcel No.1 Amount: Penalty I Current status: Amount I Penalty: Current status. --NONE--09000 167-070-22-00 $619.80 Paid $619.80 Open 2. Delinquent taxes for the fiscal year 1989-1990, and subsequent delinquencies. Amount to redeem I $761.77 Prior tOI March 31, 1991 Assessor's Parcel No.1 167-070-22-00 3. This Company will require copies, front and back, of CANCELLED CHECKS and PAID TAX RECEIPTS from the County Tax Collectors oftice, if taxes are paid, but do not appear to be so at the Tax Collectors office, and as so reflected in this report. PLEASB FORWARD SAID CANCBLLED CHECKS TO THIS OFFICB AS SOON AS POSSIBLE. 4. The lien ot supplemental taxes, if any, assessed according to provisions of the statutes of 1983 of the State of california. S. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across easements Parcel B and C, as conveyed and reserved by various deeds of record. 6. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map of said Tract. Purpose I "Proposed 10 Foot Sewer Basement" Affects I As shown and de~ineated on said Parcel Map Preliminary Report -Schedule B PAGE 1 Gateway Title Company -1615 Murray Canyon Road Suite 220 San Dieqo Count" * 619-299-7892 Preliminary Report Order No. 660-1600337-61 · SCHEDULE B GATEWAY TITLE COMPANY 7. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 523, where required for the construction and maintenance thereof, as granted to County of San Diego in Deed. Recorded, August 29, 1944 in Book 1734 Page 270 of Official Records 8. An agreement, and the terms and conditions contained therein, Dated, Not shown By and Between, Not shown Regarding' A Covenant of Improvement Requirements Recordedr February 22, 1983 as Instrument/File No. 83-055519 of Official Records Reference is made to said document for full particulars. 9. A covenant and agreement Executed by, Karl H. Krahl In Favor ofc The City of Carlsbad Recorded, May 31, 1985 as Instrument/File No. 85-193542 of Official Records Which among other things provides, Hold Harmless Agreement for Drainage 10. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose, For sewer pipe line and appurtenances the'reto Recorded. November 03, 1987 as Instrument/File No. 87-617037 of Official Records Affects. That portion designated and delineated as "10.00 Foot Private Sewer Basellent" 11. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amountr $381,900.00 Dated. August 14, 1989 Trustorc Glenn E. Duggins and Joy L. Dugginl, hUlband and wife as joint tenants Trusteec First La Mesa Bank, a California corporation Beneficiary. First La Mesa Bank Recorded, August 20, 1989 as Instrument No. 89-462423 ------------------------------------------------------------------------------Preliminary Report -Schedule B PAGE 2 Gateway Title Company -1615 Murray Canyon Road Suite 220 Sfln .fJi(~Q() CrJ1.mt~' ". 61'1-29§~ 7892 > , . SCHEDULE B Preliminary Report Order No. 660-1600337-61 GATEWAY TITLE COMPANY The above matter affects the herein described land and other land. 12. A claim of mechanic's lien Amount, $4,219.00 Claimant: Brian Smith Engineers, Inc. Recorded: September 25, 1990 as Instrument No. 90-524070 The above matter affects the herein described land and other land. 13. A lien for unsecured property taxes filed by the tax collector of the County shown, for the amount set forth, and any other amounts due. County I San Diego Fiscal yearl 1989-1990 Taxpayer I Gervais, Ray/Duggins, Glenn County Identification Number I 061935 Amount: $20.16 Recorded I December 24, 1990 as Instrument No. 90-0680477 14. We will require a STATEMENT OF INFORMATION from ALL PARTIBS in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. (TO BE SUBMITTED A MINIMUM OF SEVEN DAYS PRIOR TO THE CLOSE OF SAID TRANSACTION). 15. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. CCalmw Plats enclosed Preliminary Report -Schedule B PAGE 3 Gateway Title Company -1615 Murray Canyon Road Suite 220 Sian Dieqo Countlr * 619··299-7892 ',- POOR QUALITY ORIGINAL (5) I 'I I . . , i I ) f , '----------_.-.. -.. -........ " .. " .. ----_ .. -.. ~. c y\ ... p~./ r"" ..... " ..... ··\'*· .... WN.'''' ,.)..,_ ... "",7""""""'.".~...,.,.....,.,.....~.,.t .... """' ...... """""""'''''''"O/~7l''!''l''"'"l'.-...... .,...,·~·-'~...,.,i-;!I""''*!I3=l~U_ ... <t~,~ : q.) r GATEWAY_ TITLE CDmpA~ J! 0 1900 West Olive Avenue, Burbank, California 91506, (818) 953~2300, (213) 849-2380 . .. 0 2100 West Orangewood Avenue, Orange, California 92668, (714) 978-9800 [J 1300 Eastman Avenue, Suite 100, Ventura, California 93003, (805) 642-0303 [J 930 South Mount Vernon Avenue, P.O. Box 808, Colton, California 92324, (714) 825-3661 Q 1615 Murray Canyon Road, Suite 220, San Diego, California 92108, (619) 299-7892 ~21221 Western Avenue, Suite 170, Torrance, California 90501, (213) 328-1500 PRELIMINARY REPORT ~ITY OF CARLSBAD Dc.VELO:::'. ERo.C .. SERV.,.. D1Jl., In response to the above referenced application for a policy of title insurance, GATEWAY TITLE COmPANY 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 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 in the attached list. 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. The'form of policy of title insurance contemplated by this report is shown at the top of Schedule A attached hereto. . Title Officer Order No. 660-1600337-61 Title officerl Candy Church Policy(ies) contemplated I Pr-eliminary Report American Land Title Association Loan Policy KENT FORGEN GATEWAY TITLE COMPANY OUr No.1 660-1600337-61 185 CHINQUAPIN CARLSBAD, CA 92008 ATTN I KENT Date I February 25, 1991 at 7130 A.M. SCHEDULE A Your Refl DUGGINS The estate or interest in the land described or referred to in this schedule covered by this report is, A fee as to Parcells) A; an easement, as to Parcells) a, C. Title to the said estate or interest at the date hereof is vested inl Glenn E. Duggins and Joy L. Duggins, husband and wife as joint tenants The land referred to in this report is situated in the State of california, County of San Diego, and is described as follow., DBSCRIPTION CONTAINED IN "BXHIBIT A" attached hereto and made a part hereof. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 619-299-7B92 Gateway Order No.1 660-1600337~61 EXHIBIT A PARCBL AI Parcel 2 of Parcel Map No. 14001, in County of San Diego, State of California, the County Recorder of San Diego County, No. 85-40(167 of Official Records. PARCEL 81 Reference No.1 DUGGINS the City of Carlsbad, filed n the office of October 29, 1985 as File An easement for sewer pipe line and appurtenances thereto along the Westerly 10 feet of the following described land. A portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows I Beginning at the Southwest corner of said Lot "J"; thence North 23 degrees 33 minutes West along the Southwesterly line of said Lot "J", 179.37 feet to a point on the Northerly 1 ne of the County Road as shown on Road Survey No. 523, said point being the true point of beginning; thence North 23 degrees 33 minutes West along said Southwesterly line of said Lot "J", 140.68 feet; thence at right and angles to said line North 66 degrees 27 minutes Bast, 100.00 feet; thence South 23 degrees 33 minutes Bast, 111.34 feet to point being a point on a curve concave Southerly having a radius of 326.09 feet, a radial line from said point bears South 34 degrees 26 minutes 26 seconds Bast; thence Southwesterly along said Northerly line of said County Road No. 523, along the arc of asid curve through a central angle of 11 degrees 06 minutes 34 seconds a distance of 63.23 feet to a point of reverse curvature concave Northerly having a radius of 203.36 feet, a radial line through said point of reverse curvature bears North 45 degrees 33 minutes 00 seconds West; thence continuing along said Northerly line of said County Road through a central angle of 11 degrees 35 minutes 42 seconds a distance of 41.15 feet to the true point of beginning. PARCEL CI An easement for drainage over the Southeasterly 5 feet of Lot 5 of Map No. 4165. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 A::,1 n .... ')C\(\ ... "l'1)0') Preliminary Report Order No. 660-1600337-61 SCHEDULE B GATEWAY TITLE COMPANY At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as followsl 1. Property taxes, including any personal property taxes, and any assessments collected with taxes, for the fiscal year 1990-19911 First installment Second installment Homeowners exemptionr Code areal Assessors Parcel No.1 Amount I Penalty I Current status. Amount I Penalty, Current status, --NONE-- 09000 167-070-22-00 $619.80 Paid $619.80 Open 2. Delinquent taxes for the fiscal year 1989-1990, and subsequent delinquencies. Amount to redeem. $761.77 Prior tOI March 31, 1991 Assessor's Parcel No.1 167-070-22-00 3. This Company will require copies, front and back, of CANCBLLKP CHECKS and PAID TAX RECEIPTS from the County Tax Collectors office, it taxes are paid, but do not appear to be so at the Tax Collectors office, and as so reflected in this report. PLEASE FORWARD SAID CANCBLLBD CHBCKS TO THIS OFFICE AS SOON AS POSSIBLE. ,. The lien of supplemental taxes, if any, assessed according to provisions of the statutes of 1983 of the State of California. 5. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across easement. Parcel B and C, as conveyed and reserved by various deeds of record. 6. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map of said Tract. Purpose. nProposed 10 Foot Sewer Easement" Affects. As shown and delineated on said Parcel Map Preliminary Report -Schedule B PAGE 1 Gateway Title Company -1615 Murray Canyon Road Suite 220 Sl!!:n DieClo Countv .,. 619-29.9-7892 Preliminary Report Order No. 660-1600337-61 -SCHEDULE B GATEWAY TITLE COMPANY 7. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 523, where required for the construction and maintenance thereof, as granted to County ot San Diego in Deed. Recordedc August 29, 1944 in Book 1734 Page 270 of Official Records 8. An agreement, and the terms and conditions contained therein, Dated, Not shown By and Between, Not shown Regarding. A Covenant of Improvement ReqUirements Recordedc February 22, 1983 as Instrument/File No. 83-055519 of Official Records Reference is made to said document for full particulars. 9. A covenant and agreement Executed by, Karl H. Krahl In Favor oft The City of Carlsbad Recorded. May 31, 1985 as Instrument/File No. 85-193542 of Official Records Which among other things providesc Hold Harmless Agreement for Drainage 10. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose. For sewer pipe line and appurtenances thereto Recordedt November 03, 1987 as Instrument/Pile No. 87-617037 of Official Records Affectsc That portion designated and delineated aa "10.00 Foot Private Sewer Basement" 11. A Deed ot Trust to secure an indebtedness in the amount shown below, and any other obligations aecured thereby. Amount, $381,900.00 Dated, August 14, 1989 Trustor I Glenn E. Duggins and Joy L. Duggins, husband and wife as joint tenants Trusteec First La Mesa Bank, a California corporation Beneficiary, Firat La Mesa Bank Recordedc August 20, 1989 as Instrument No. 89-462423 Preliminary Report -Schedule B PAGE 2 Gateway Title Company -1615 Murray Canyon Road Suite 220 S'!l'!1 Di>0C!o Countv 11 6J 9<{99·-789:2 -• -SCHEDULE 8 Preliminary Report Order No. 660-1600337-61 GATEWAY TITLE COMPANY 12. The above matter affects the herein described land and other land. A claim of mechanic's Amount, Claimant, Recordedr lien $4,219.00 Brian Smith .Engineers, Inc. September 25, 1990 as Instrument No. 90-524070 The above matter affects the herein described land and other land. 13. A lien for unsecured property taxes filed by the tax collector of the County shown, for the amount set forth, and any other amounts due. County, San Diego Fiscal year, 1989-1990 Taxpayer' Gervais, Ray/Duggins, Glenn County Identification Numberr 061935 Amount I $20.16 Recorded, December 24, 1990 as Instrument No. 90-0680477 14. We will require a STATEMENT OF INFORMATION from ALL PARTIES in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. (TO BE SUBMITTED A MINIMUM OF SEVEN DAYS PRIOR TO THE CLOSE OF SAID TRANSACTION). 15. Matters which mar be disclosed by an inspection or by a survey of said land that is sat sfactory to this Company, or by inquiry of the partie. in possession thereof. CCtlllW Plats enclosed Preliminary Report -Schedule 8 PAGE 3 Gateway Title Company -1615 Murray Canyon Road Suite 220 :Sun D1ego County 11 619-29~-7B~2 · I ( I I j f '--_-....._-._._-.. -. -.. .. .... .. . . --------_. --~. - ~ _ .. .,.. ___ ..... __ w"" .. """.""""""'""""""""""'WI ................ """.- GATEWAY TITLE COmPANY ,0 1900 West Olive Avenue, Burbank, California 91506, (818) 953-2300, (213) 849-2380 o 2100 West Orangewood Avenue, Orange, California 92668, (714) 978-9800 [J 1300 Eastman Avenue, Suite 100, Ventura, California 93003, (805) 642-0303 L.I 930 South Mount Vernon Avenue, P.O. Box 808, Colton, California 92324, (714) 825-3661 I1J 1615 Murray Canyon Road, Suite 220, San Diego, California 92108, (619) 299-7892 'f J-21221 Western Avenue, Suite 170, Torrance, California 90501, (213) 328-1500 PRELIMINARY REPORT --------_ ... _. ---... _ .... {\1AR l·i 139 ) CITY OF CARLSBAD DEVELOP, PROC .. S.EHV. D1V~ In response to the above referenced application for a policy of fitle insurance, GATEWAY TITLE COmPANY 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 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 in the attached list. 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. The form of policy of title insurance contemplated by this report is shown at the top of Schedule A attached hereto . ... ______________ 7ite,~~ CMnpa,"W .. ..,...""' ..... ",.. ... PE >.' ,.",N"""/'fuN ... ·, ...... ., ... ., .. ,.".MliIl .... """'K .. ":<idi1l!Ri Form GTC·004 (Rev 7-90) '. Order No. 660-1600325-61 Title officer. Candy Church Policy(ies) contemplated. Preliminary Report American Land Title Association Loan Policy KENT FORGEN GATEWAY TITLE COMPANY Our No •• 660-1600325-61 185 CHINQUAPIN CARLSBAD,. CA 92008 Your Ref: BROWN ATTN. KENT Date. February 21, 1991 at 7.30 A.M. SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report 1s. A fee as to Parcel(s) A; an easement, as to Parcel(s) B., Title to the said estate or interest at the date hereof is vested in, Alton K. Brown and Normaje~n Brown, husband and wife, as joint tenants The land referred to in this report is situated in the State of California, County of San Diego, and is described as follows. DESCRIPTION CONTAINED IN "EXHIBIT AU attached hereto and made a part hereof. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 619-299-7892 Gateway Order No.1 660-1600325-61 EXHIBIT A PARCEL AI Parcer 3 of Parcel Map No. 14001, in County of San Diego, State of California, the County Recorder of San Diego County, No. 85-404167 of Official Records. PARCEL B. Reference No.1 BROWN the City of Carlsbad, filed n the Office of October 29, 1985 as File An easement for sewer pipe line and appurtenances thereto along the Westerly 10 feet of the following described land. A portion of Lot IIJII of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Southwest corner of said Lot "J"; thence North 23 degrees 33 minutes West along the Southwesterly line of said Lot "J", 179.37 feet to a point on the Northerly line of the County Road as shown on Road Survey No. 523, said point being the true point of beginning; thence North 23 degrees 33 minutes West along said Southwesterly line of said Lot "J", 140.68 feet; thence at right angles to said line North 66 degrees 27 minutes East, 100.00 feet; thence South 23 degrees 33 minutes East, 111.34 feet to point being a point on a curve concave Southerly having a radius of 326.09 feet, a radial line from said point bears South 34 degrees 26 minutes 26 seconds East; thence Southwesterly along said Northerly line of said County Road No. 523, along the arc of said curve through a central angle of 11 degrees 06 minutes 34 seconds a distance of 63.23 feet to a point of reverse curvature concave Northerly having a radius of 203.36 feet, a radial line through said point of reverse curvature bears North 45 degrees 33 minutes 00 seconds West; thence continuing along said Northerly line of said County Road through a central angle of 11 degrees 35 minutes 42 seconds a distance of 41.15 feet to the true point of beginning. Preliminary Report -Schedule A Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego, CA 92108 619-299-7892 SCHEDULE B Preliminary Report Order No. 660-1600325-61 GATEWAY TITLE COMPANY At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as followsl 1. Property taxes, including any personal property taxes, and any assessments collected with taxes, for the fiscal year 1990-19911 First installment Second installment Homeowners exemption: Code area: Assessors Parcel No.: Amount: Penalty: Current status: Amount: Penalty: Current status: --NONE--09000 167-070-23-00. $619.80 Paid $619.80 Open 2. The lien of supplemental taxes, if any, assessed according to provisions of the statutes of 1983 of the State of California. 3. Easements and rights of way for road and public utilities and incidental purposes, over, under, along and across easements Parcel Parcel B, as conveyed and reserved by various deeds of record. 4. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 523, where required for the construction and maintenance thereof, as granted to County of San Diego in deed 5. Recorded: August 29, 1944 in Book 1734 Page 270 of Official Records An agreement, contained upon the terms, covenants and conditions therein Regarding' A Covenant of Improvement Requirements Recorded: February 22, 1983 as Instrument/File No. 83-055519 of Official Records Preliminary Report -Schedule B PAGE 1 Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego County * 619-299-7892 Preliminary Report Order No. 660-1600325-61 SCHEDULE B GATEWAY TITLE COMPANY 6. An easement for the purpose shown below and rights incidental thereto asset forth in a document. Granted to: City of Carlsbad (No representation is made as to the present ownershiR of said easement) Purpose: Flretruck access turn around Recorded: February 05, 1987 as File No. 87-065719 of Official Records The route thereof is more fully described in said document. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted tOI E. GTerin-Duggins AKA Glenn E. Duggins (No representation is made as to the present ownership of said easement) Purpose: Drainage, for Parcels # 2 & 3 Recorded: January 03, 1991 as Instru!llent No. 91-002912 Affects I The most Southeasterly five feet of Parcel #5 of Map No. 4165 8. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose I Sewer pipe line Recorded, November 03, 1987 as Instrument No. 87-617037 Affectst Along thli,t portion designat~Cl and delineated as '110.00 foot private sewer easement tI 9. NOTE I The requirement that a Notice of Completion be recorded prior to the close of the first escrow in this tract and that the statutory lien period expires or that a satisfactory Indemnity be established with this company to eliminate said lien period. 10. We will require a STATEMENT OF INFORMATION from ALL PARTIES in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically ·d~Rcribe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. ('l'0 BE SUBMITTED A MINIMUM OF SEVEN DAYS PRIOR TO THE CLOSE OF SAID TRANSACTION). 11. There are NO conveyances affecting said land, recorded within six (6) rnonths of the date of this report. ------------------------------------------------------------------------------Preliminary Report -Schedule B PAGE 2 Gateway Title Company -1615 Murray Canyon Road Suite 220 Sa.n Diego County I\' 619-299··,]892 Preliminary Report Order' No. '660-1600325-61 SCHEDULB B GATEWAY TITLE COMPANY NOTE, The charge for a policy of title insurance, if issued through this title order, will be based on the short-term rate. Preliminary Report -Schedule B PAGE 3 Gateway Title Company -1615 Murray canyon Road Suite 220 8M Dieao County ~ 619-299-7892 SCHEDULE B Preliminary Report Order No. 660-1600325-61 GATEWAY TITLE COMPANY CCsda NOTEs "Any funds to be disbursed by Gateway Title Company will be disbursed in compliance with Section 12413.1 of the California Insurance Code. A cashier's, teller's or certified check will have next day availability after deposit. All other local checks will have two (2) day availability after deposit. Non-local checks will have five (5) day availability after deposit. Funds received too late in the day for same day deposit will require one (1) additional day before they are available for disbursement. THE DEPOSIT OF A CASHIER'S, TELLER'S OR CERTIFIED CHECK, OR ELECTRONIC TRANSFER OF FUNDS WILL EXPEDITE THE DISBURSBMENT OF FUNDS AND THE CLOSE OF THIS TRANSACTION." WIRING INSTRUCTIONS FOR GATEWAY TITLE COMPANY. Banks WELLS FARGO BANK 2323 North Broadway Santa Ana, California 92706 Credits Gateway Title Company Sub-Escrow Account No. 4602-092827 ABA No.1 121000248 Very importants Please reference our TITLE ORDER NUMBER and or TITLE OFFICER'S NAME. Please notify your title officer in advance of your intention to wire funds so we may alert our respective departments. Any additional information concerning wire transfers can be obtained from your title officer. Plats enclosed Preliminary Report -Schedule 8 PAGE 4 Gateway Title Company -1615 Murray Canyon Road Suite 220 San Diego County * 619-299-7892 '.,' ." , \ • . I f ~'. r I I. .. .. , . , I J ! ... • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) Cl1Y OF CARLSBAD 1200 Carlsbad Village Drive (Fonnedy Elm Avenue) Carlsbad, California 92008 ) ) ) ) ) Space above [his line for Recorder's use Parcel No. 167-070-23 ----------------------------- AGREEMENT BE1WEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILJTJES FEE THIS AGREEMENT is entered into this 771/ day of H"heC#. 19..2.L by and between Alton K. Brown and Normajean Brown, husband and wife (Name of Developer-Owner) as individuals • hereinafrer referred to as "Developer" (Corporation. Parrnership. ere.) whose address is 212 Wi1dhorse Drive, Palm Desert, CA 92260 (Streer) (City. Stare. Zip Code) and the CIIT OF CARLSBAD, a municipal corporation of rhe State of California, hereinafter referred [0 as "Ci ry" , whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue). Carlsbad. California. 92008. WITNESSETH: WHEREAS. Developer is [he owner of [he real property described on Exhibit "A":. a[[ached hereto and made a pan of this agreement, hereinafter referred to as "Propeny"; and WHEREAS, the Property lies within rhe boundaries of City; and WHEREAS, Developer proposes a development project as follows: ConstructiOD _o_f __ a __ s_i_D.....:g_l_e_f_a_m __ i_l::;;.y __ r_. e_s_i_d_e_D_c_e _______ on said Property, which development REV 8/90 1 ,-, carnes the proposed name of __ B_r_o_w __ n_r_e_s_i_d_e_n_c_e _______________ and is hereinafter referred as "Developmenr"; and WHEREAS, Developer filed on the 7 day of dlO\ r ~ h , 19...9.J. with the City a request fur Hillside Development Permit approval _________________________ hereinafter referred co uS'''Request''; and WHEREAS, the Public Facilities Element of the City General Plan requires tliat [he City Council find thar all public facilities necessary to serve a development will be available concurrent with need or such development shall nor be approved (said element is on file with the Cicy Clerk and is incorporated by this reference); and WHEREAS, Developer and Ciry recognize rhe correcrne:;s of Council Policy No. 17, daced July 28, 1987, on file with rhe City Clerk and incorporated by this reference, and thar the Cicy's public faciliries and services are ar capacity and will nor be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the CilY co find that public facilities and seIVices will be available co meer the furure needs of lhe Development as it is presently proposed; but the Developer is aware lhat the CilY cannot and will not be able to make any such finding wirllOut financial assi:-;[ance to pay for such services and facilities; and therefore Developer proposes [0 help satisfy lhe General Plan as irnplemented by Council Policy No. 17 by payment of a public facilicies iee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, [he parties agree as follows: 1. 'Ine Developer shall pay [0 [he City a public facilities fee in an amoum nor to exceed 3.5% of the building permit valualion of [he building or structures' to be constructed in the Developmenc pursuam (0 the Request. The fee shall be paid prior [0 [he issuance of building or REV 8/90 2 orher construction pennies for rhe development and shall be uased on the valuation al thar rime. This fee shall be in addition [0 any fees,. dedications or improvemencs required pursuanc ro Tides lB, 20 or 21 of [he Carhbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures in[O condominiums in an HmOUIl[ not [0 exceed 3.5% of [he building pennie valuation at the rime of conversion. The fee for a condominium conversion shall be paid prior [0 [he issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include communiry apartment or srock cooperative. 1be terms "other consrruceion permirs", "other consrruceion pennie" and enciriemenr of use" as used in this agreemenc, except in reference [0 mouile home sites or projects, shall nor refer co grading permits or ocher permits for ehe consrruction of underground or streer improvemenls unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay rhe Ciry a public facilities fee in the sum of $1,150 for each mobile home space to be consrrucfed pursuanr to the req uese. The fee shall ue paid prior to the issuance of building or other construction permirs for the development. This fee shall be in addition to any fees. dedications or improvements req uu ed accordulg to Titles 1 B. 20. or 21 of the Carl!ibad Municipal Code. 2. The Developer may offer [0 donate a sire or sires for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donall! a site or sites for public faciliries, [he City shall consider, bur is noc obligared 10 accept tire offer. The rime for donation and amounr of credie againse cJlt: fee !ihall be dClennincd by Cicy prior co tJle issuance of any building or olher permies. Such derenninarion, when made, shall become a parr of this agreement Sires donated under rhis paragraph shall not include unprovement!i required pursuant to Titles 18 or 20 of [he Carlsbad Municipal Code. 3. This agreement and the fee paid pur!iuant hereto are required to ensure the consistency of the Development with [he Ciry's General Plan. If the fee is not paid as provided REV 8/90 3 herein, rhe City will nor have the funds to provide public faciliries and st:lVices, and the development will not be consistent with rhe General Plan and any approval or permit for the Developmenc shall be void. No building or orher consrrucrion permir or emirlement for use shall be issued until rhe 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 rhe financing of public facilities when the City Council derermines 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 adequare public facilities and service sufficient to accommodate the needs to rhe Development herein described. 6. All obligations hereunder shall terminate in rhe evenr rhe Requests made by Developers are nor approved. 7. Any notice from one party ro rhe other shall be in writing, and shall be dated and signed by the parry giving such notice or by a duly aurhorized representative of such pany. Any such notice shall not be effective for any purpose whatsoever unless selVed in one of the following manners: 7.1 If notice is given ro the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed ro the City at the address set forth herein, enclosed in a sealed envelope, addressed to the CilY a[[enLion of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof [0 Developer or by depositing the same in the United Stares Mail, enclosed in a sealed envelope, addressed [0 Developer at rhe address as may have been designated, postage prepaid and certified. IU.V 8/90 4 apply [0 the respecrive successors and asslgns of Developer and the City, and references to Developer Cicy herein shall be d~emed ~o be reJerences to ~nd include [heir respective successors and assigns wirhou[ specific mention of such successors and assigns. If Developer should cease [0 have any inreres[ in the Property, all obligations of Developer hereunder shall rerminate; provided, however, char any successor of Developer's inrerest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement slulll be recorded but shall nor create a lien or securicy interest in the Property. When the obligations of this agreement have been salisfied, Cicy shall record a relea$e. REV 8/90 5 •... 1 1 I IN WITNESS WHEREOF, Lhis agreemenc is executed in San Diego Coumy. California as of [he dale first wrinen above. DEVELOPER-OWNER: Alton K. Brown and Normajean Brown (name) Owner-Developer (Tirle) CIlY OF CARLSBAD. a municipal corporation of [he Srate of California By: MARTIN ORENYAK For City M.mager ~Y:)?IfT};!~ai tiJ,.~ Owner-D eloper (Title) A'ITEST: GENERAL ACKNOWLEDGMENT State of __ C=.:Ac::;L;:..:I::..::F'-'O:..:R.;:.::N.:.;:I:.=.A:..-___ _ }ss County of RIVERSIDE OFFICIAL SEAL MARY E BOWMAN NOTARY PUlJUC -CALIFORNIA RIVERSIDE COUNTY My comm. expires JUL 2, 1993 J'="'="'''''"'''''''''''''==-~~.~~"''''-~=''' On this the _ 7th day of MARCH 19J..!.... before me. MARY E. BOWMAN the undersigned Notary Public. personally appeared ALTON K. AND NORMA JEAN BROWN ------.. _. --- X, personally known to me l J proved to me on the basis of satisfactory eVidence to be the person(s) whose name(s) ____ .~~~~ _" . ____ subscribed to the within instrument. and aCknowledged that _~~y ... ___ executed it. WITNESS my hand and official seal. ATTENTION NOTARY: Although tile Inlormatlon requested below IS OPTIONAL, It could prevent Iraudulent attachment of Illis certifIcate to another document. THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document . __ . ______ .. -___ . ____ .. ____________________ .. _ Number of Pages ________ Date of Document _. _ .. _________ . Signer(s) Other Than Named Above NO 201 .1l.2!l122 NAnONAL NOTARY ASSOCIAnON • 8236 Remmet Ave .• P.O. Box 7184 • Canoga Park, CA 91~4-7184 EXHIBIT "A" LEGAL DESCIUPTION PARCEL 3 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS. REV 8/90 7 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: } CIIT OF CARLSBAD 1200 Carlsbad Village Drive (Fonnerly Elm Avenue) Carlsbad, California 92008 ) ) ) ) ) .~ Space above [his line for Recorder's use Parcel No. ___ l_6_7_-_0_7_0_-_2_2 _______ _ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT Of A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this L day Of~, 19.1.L. by and between Glenn E. Duggins and Joy L. Duggins, husband and wjfe (Name of Developer-Owner) as individllal s ,hereinafrer referred [0 as "Developer" (Corporation, Pannership, erc.) whose address is 3619 Amigos Court, Oceanside, CA 92054 (Streer) (Cicy, Scare, Zip Code) and the CIIT OF CARLSBAD, a municipal.corporarion of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive (Foxmerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a pan of this agreement, hereinafter referred (0 as "Property"; and WHEREAS, rhe Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: construction _o_f---,a_s.....;l;:;.:· n;..;..g...L.l:;;;.e~;;;...f.::;;.a:.:.:m=i-=l~y~r....>:e'""'s:..oi""'d",.e .... n.u.c .... e.......-_____ on said Propercy, which developmem REV 8/90 1 carries the proposed name of __ D_ll_g_g_i_n_s_r_e_s_i_d_e_n_c_e _____________ ,and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 7 day of rYl~jI'~ h , 19..2.~with the Cicy a request for Hillside Development Permit approval _______________________ hereinafter referred [0 as "Request"; and WHEREAS, the Public Facilities Elemem of the Cicy General Plan requires that the Cicy Council find that all public facilities necessary to serve a development will be available concurrent wirh need or such development shall nor be approved (said element is on file with the Cicy Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize [he correctness of Council Policy No. 17, dared July 28, 1987, on file wirh rhe Cicy Clerk and incorporated by chis reference, and that the City's public facilities and services are at capacity and will not be available to acconunodare the additional need for public facilities and services Iesulring from the proposed Developmem; and WHEREAS, Developer has asked the City [0 find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Devdoper is aware that rhe City cannot and will nor be able [0 make any such finding without financial assistance [0 pay for such services and facilities; and therefore Developer proposes [0 help satisfy [he General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in consideration of [he 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 pennit valuation of the building or structures (0 be consrructed in the Development pursuant to the Request. The fee shall be paid prior [0 the issuance of building or REV 8/90 2 other consrruction permits for rhe development and shall be based on the valuation at that rime. This fee shall be in addition to any fees r dedications or irnprovemenrs required pursuanr ro Tides 18,20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or srrucrures 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 ro [he issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include communicy apartment or srock cooperative. The terms "other consrruction pemurs", "other construction permit" and entitlement of use" as used in this agreement, except in reference (Q mobile horne sites or projects, shall nor refer to grading permits or other permits for the construction of underground or saeet improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the Cicy a public facilities fee in the sum of $1,150 for each mobile home space to be consrrucred pursuant [0 the request. The fee shall be paid prior ro rhe issuance of building or other consrruction permits for the development. This fee shall be in addition to any fees, dedications or irnprovemenrs required according co Tirles 18, 20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer ro donate a site or sites for public facilities in lieu of all or parr of the financial obligation agreed upon in Paragraph 1 above. If Developer offers [0 donate a sire or sires for public facilities, rhe City shall consider, bur is nor obligated to accept the offer. The time for donation and amount of credit against the fee shall be detern-uned by Cicy prior to the issuance of any building or other permits. Such deternlination, when made, shall become a pan of this agreement. Sites donated under this paragraph shall not include improvemems required pursuanr [0 Titles 18 or 20 of the Carlsbad Municipal Code. 3. Tllis agreemem and the fee paid pursuam hereto are required to ensure the consistency of [he Development wi[h [he City's General Plan. If the fee is not paid as provided REV 8/90 3 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 ro 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 ro 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 [he event the Requests made by Developers are not approved. 7. Any notice from one parry to the other shall be in writing, and shall be dared and signed by the parry giving such notice or by a duly authorized representative of such parry. 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 [he City at the address set forth herein, enclosed in a sealed envelope, addressed to the City anention 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 De~eloper at the address as may have been designated, postage prepaid and certified. REV 8/90 4 apply to the respective successors and assigns of Developer and the Ciry, and references to Developer Ciry herein shall be d~eme9 ~o be r~ferences to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease [0 have any interest in the Properry, all obligations of Developer hereunder shall tenninate; provided, however, that any successor of Developer's interest in (he properry 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 Properry. When the obligations of this agreement have been satisfied, City shall record a release. REV 8/90 5 IN WITNESS WHEREOF, rhis agreement is execured in San Diego County, California as of [he dare first wrinen above. DEVELOPER-OWN ER: Glenn E. Duggins and Joy L. Duggins (name) By>d Owner-Developer (Tirie) INDIVIDUAL ACKNOWLEDGMENT State of California County of San Diego OFFICIAL SEAL NANCY M. REYES NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My CommisSion Expires Nov. 30, 1991 -" }ss CI1Y OF CARLSBAD, a municipal corporation of the Srale of California By: MARTIN ORENYAK For City Manager On this the 4 th day of _M_ac....r_c..;..;h:...-______ 192.L, before me, Nancy M. Reyes the undersigned Notary Public, personally appeared G1 enn E Dllggins and Toy r.. Doggins o personally known to me xx proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and ~~ -L'L4-~-~ ATTENTION NOTARY: Although the Information requested below IS OPTIONAL, It could prevent fraudulent attachment of thiS certificate to another document. THIS CERTIFICATE MUST BE ADACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document _______________________ _ Number of Pages Date of Document _____________ _ Signer(s) Other Than Named Above NO. 201 7100·109 IC NATIONAL NOTARY ASSOCIAllON· 6236 Remmel Avo.' f'.O fIox 716<1·Calloga F'iltk, CA 913040716<1 . RhV 8/90 6 EXHIBIT "An LEGAL DESCIUPTION PARCEL 2 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS. REV 8/90 7 PROJECf NUMBER HiT;(!!nPed.~·~· Land Use Review Application Form 0o, -~ ,;:: F, t::t~ MAR f-4 Cf9-9 + e/4- 9/ 2. Slope Analysis (4 Copies) CITY OF CARLSBAD . ui.V2wi=',. fRoe .. aCJiv. Di'{:.. "{ .,' , 3. Slope Profile (4 Copies) -__ o¥O • ---------_.. " Environmental 1m act Assessment Form Se ~ I\:)+ SLAts P'1177cP ~.~ )}~ 5. Site Plan Gradin Plans Prelimin I '/6. Disclosure Statement /7. 8. Application Fees. (Planner to include Application Number and Account Number on receipt) ~ t;r;Ij.- c;J 0.0/0J-r"" f:.<'. (JJ.'-C!-'O PFF Agreement (2 Copies) (Separate Fee Required) The original PFF A&1'eement with the application number written in the lower right hand comer and one copy of the title report must be sent to the City Clerk's Office by the Planning Department for review and recordation) 10. Planner to date stamp the application materials and plans. Application materials must be given to data entry as soon as possible on the same day they are submitted. DATE 1'-11(-q I , SIGNATURE C~J I;y", "'- FRMOOOll 11/90 Page 5 of 5 ~, ,-~ """ f • , ..... '_",' ','" .... ' .. CITY OF CARLSBAD • 1200 CARLSBAD~LLAGE DRIVE CARLSBAD, cJf[IFORNIA 92008 438-5621 REC'D FRo.M ACCCUNT NO.. DESCRIPTICN f-(DP RECEIPT NO.. 3427 , , __ ...... } J ~ ~' \, , .. AMCUNT I :i7(J: - I I ~ ....... ,,""-•. ,.." ~_ I TCTAl 4:5d