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
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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
'.,' ."
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... •
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
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