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Home My WebLink AboutHDP 91-15; DEMITER GRADING PLAN; Hillside Development Permit (HDP)CITY OF CAItLSBAD w LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) 1pPLLCATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT FOR E?T USE ONLY) SE 0 1%L O Master Plan O Specific Plan Precise Development Plan Tentative Tract Map 0 Planned Development Perrru ] NonResidentiaI Planned Development 0 Condominiwn Permit Special Use Permit 0 Redevelopment Permit 0 Tentative Parcel Map 0 Administrative Variance [ General Plan Amendment [J Local Coastal Plan Amendmen Fj Site Development Plan Zone Change 0 Conditional Use Permit J Hillside Development Permit Environmental Impact Assessment 0 Variance Planned Indusniai Permit Coastal Development Permit Planning Corrutussion Determination I/tLio9 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON THE I south SIDE OF Cazadero Drive (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN I Corjntja st. I AND Obelisco Circle I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I 'Qt75 gf'i Costa z-3-jq Unit 4, City of CrlithiirI, C. of S.D., State of Calif. acc. to Map No. 7367 ffl 7—l9-1972,n Ccnty Roor&r 4) ASSESSOR PARCEL NO(S). I 215-400-12 5) LOCAL FACILITIES I 6 J 6) EXISTING GENERAL PLAN j 7) PROPOSED GENERAL PLAN J d MANAGEMENT ZONE DESIGNATION 91 DESIGNATION 8) EXISTING ZONING R—., 15000j 9) PROPOSED ZONING NCj 310) GROSS SITE - c2 ACREAGE 11) PROPOSED NUMBER OF 112) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RESIDENTIAL. UNITS . J OF LOTS 1 Res. (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS j 0 I 15) PROPOSED INDUSTRIAL I Al A 1 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE N0Th A FROPOM pP.OJEc REMIQ ThAI MLTIPI& APKICAMM E FILE) bLWr Da S1IETID M01t TO 330 PAL £ P90 PR&JCr ASQUMM TkW ONLY OW A UCM14 99 MAD iJ5T fig ar fl1 10 FRM000I6 6/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM - PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC plo 20) PROJECT NAME; Deniiter grading plan I 21) BRIEF DESCRIPTION OF PROJECT: r Developer proposes to construct one single family residence on an existing residential lot in an existing residential neicrhborhoa 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPER'TI-LTJS ThE JECT O41-flS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Erika Demiter Erika Demiter MAILING ADDRESS MAILING ADDRESS P. 0. Box 3687 P. o. Box 3687 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP ftLtPhUNt. Rancho Santa Fe, CA 92067 756-4291 Rancho Santa Fe, CA 92067 756-4291 CERTIFY THAT 11 AM THE LEGAL OWNER I CERTIFY THAT I AM 1HE LEGAL OWNER' sE -rM AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECt 10 THE IS TRUE AND CORRECT it) THE BEST Of BEST Of MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE / AThR r DATE % FOR CITY USE ONLY FEE COMPUTATION: MU MvED APPLICATION TYPE FEE REQUIRED I I IIo.00 JUL 011991 RECEIVED BY: iz'L- TOTAL. FEE REQUIRED I 2 O.ôo DATE FEE PAID RECEIPT NO. JUN-1-1 91 12;2 ID:TICOR TITLE TEL NO:619-544-628 $492 P2 J TICOR TITLE INSURANCE CREDIT LINE/VAR. RATE FEE $25.30 INDORSEMENT LSP-4 INDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ATTACHED To AND FORMING A PART OF LOAN SERVICE POLICY NO. 1191635-HLP PROVIDED THAT (A) THERE IS ONLY A ONE-TO-FOUR FAMILY RESIDENTIAL. STRUCTURE OR RESIDENTIAL CONDOMINIUM UNIT WITH COMMON ELEMENTS APPURTENANT THERETO, INCLUDING IMPROVEMENTS RELATED TO RESIDENTIAL USE ON THE LAND; (B) THE DEED OF TRUST ("THE MORTGAGE") WHICH WAS RECORDED ON MARCH 27, 1991, RECORDER'S FILE NO, 91-0136269 BETWEEN THE INSURED AND THE BORROWER NAMED IN SCHEDULE A, CREATES A LIEN ON THE LAND; AND (C) THE BORROWER NAMED IN SCHEDULE A IS THE OWNER OF THE LAND AT THE DATE AN ADVANCE OF MONEY IS MADE PURSUANT TO THE NOTE OR AGREEMENT SECURED BY THE MORTGAGE, THE COMPANY INSURES THE INSURED AGAINST LOSS OR DAMAGE SUSTAINED BY REASON OF ANY INCORRECTNESS IN THE FOLLOWING ASSURANCES: A. THAT FUTURE ADVANCES SHALL HAVE THE SAME PRIORITY OVER LIENS, ENCUMBRANCES AND OTHER MATTERS DISCLOSED BY THE PUBLIC RECORDS AS DO ADVANCES SECURED BY THE MORTGAGE AT THE DATE OF ITS RECORDING, EXCEPT FOR THE FOLLOWING MATTERS: (1) REAL ESTATE TAX OR ASSESSMENTS. (2) FEDERAL TAX LIENS. (3) LIENS, ENCUMBRANCES, OR OTHER MATTERS, THE EXISTENCE OF WHICH ARE ACTUALLY KNOWN TO THE INSURED PRIOR TO THE DATE OF AN ADVANCE, IF THE ADVANCE IS MADE SUBSEQUENT TO THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE TERMS OF THE MORTGAGE AND PRIOR TO A CURE OF SUCH DEFAULT. B. THE PROVISIONS OF THE MORTGAGE WHICH PROVIDE FOR CHANGES IN THE RATE OF INTEREST WILL NOT RENDER THE LIEN OF THE MORTGAGE INVALID OR UNENFORCEABLE. C. CHANGES IN THE RATE OF INTEREST CALCULATED IN ACCORDANCE WITH THE FORMULA PROVIDED IN THE MORTGAGE AT DATE OF RECORDING WILL NOT CAUSE A LOSS OF PRIORITY OF THE LIEN OF THE MORTGAGE. THE COMPANY FURTHER ASSURES THE INSURED THAT ADVANCES SECURED BY THE MORTGAGE SHALL BE INCLUDED WITHIN THE COVERAGE OF THE POLICY, NOT TO EXCEED THE AMOUNT OF INSURANCE THEREOF. 1191635-I- HLP PAGE 2 JUN-1-1 91 12:21 ID:TICOR TITLE TEL NO:619-544-628 9492 P3 TICOR TITLE INSURANCE THIS INDORSEMENT DOES NOT INSURE (A) THAT THE BORROWER OWNS THE LAND, NOR THAT THE MORTGAGE CREATES A LIEN ON THE LAND, NOR THE VALIDITY, ENFORCEABILITY, OR PRIORITY OF ANY SUCH LIEN, EXCEPT TO THE EXTENT EXPRESSLY STATED; NOR (8) AGAINST LOSS OR DAMAGE BASED UPON (I) USURY (11) ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW, OR tiiiJ BANKRUPTCY OR INSOLVENCY PROCEEDINGS OF THE BORROWER. THIS INDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR INDORSEMENTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED. IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE POLICY AND ANY PRIOR INDORSEMENTS, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY AND ANY PRIOR INDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOUNT THEREOF. IN WITNESS WHEREOF, THE COMPANY HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HEREUNTO AFFIXED BY ITS DULY AUTHORIZED OFFICERS. DATED: APRIL 3, 1991 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By j?C.t C04f President Attist Secritary 111535-I- HLP PAGE 3 PAP S 0 I JUN-10-1 91 12:21 ID:TJCOR TITLE TEL NO:619-544-6280 4492 PO4 ii IM •0i . I flJsJfl III Lm IIU1MI CONTINUATION INDORSEMENT FEE $25.00 L$P -a INDORSEMENT ISSUED BY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ATTACHED TO AND FORMING A PART OF LOAN SERVICE POLICY NO. 1191535-HLP THE COMPANY HEREBY ASSURES THE INSURED THAT, AS DISCLOSED BY THE OFFICIAL RECORDS OF THE RECORDER OF SAID COUNTY AS OF THE DATE HEREOF, 1. NO DOCUMENT IN THE CHAIN Of TITLE TO SAID LAND HAS BEEN RECORDED SUBSEQUENT TO THE DATE OF POLICY PURPORTING TO CONVEY THE FEE TITLE TO SAID LAND, EXCEPT: MARCH 27, 1991, RECORDER'S FILE NO. 91-0136267 AND 91-0136265 2. AN EXAMINATION OF THE CHAIN OF TITLE TO SAID LAND AS DISCLOSED BY SUCH OFFICIAL RECORDS REVEALS NO HOMESTEAD EXECUTED BY THE PARTY(IES) NAMED IN SCHEDULE A, NOR MORTGAGES OR LIENS PURPORTING TO AFFECT SAID LAND, OTHER THAN THOSE SET OUT IN SCHEDULE A, EXCEPT: DEED OF TRUST DATED : MARCH 21, 1991 AMOUNT : $146.250.00 TRUSTOR : ERIKA DEMITER, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY TRUSTEE : TICOR TITLE INSURANCE CO. OF CA., A CORP. BENEFICIARY: RANCHO SANTA FE NATIONAL SANK RECORDED : MARCH 27, 1991, RECORDER'S FILE NO. 91-0136269 THE COMPANY HEREBY INSURES SAID ASSURED AGAINST LOSS WHICH SAID ASSURED SHALL SUSTAIN IN THE EVENT THE ASSURANCE HEREIN SHALL PROVE INCORRECT. THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY INDORSEMENTS THEREIN SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE 1191835-I- HLP PAGE 4 3 S I . JUN-1-1 91 12:22 ID:TICOR TITLE TEL ND:619-544-628e 9492 P5 -, J TICOR TITLE INSURANCE AMOUNT OF SAID POLICY WHICH HE COMPANY IS OBLIGATED UNDER THE CONDITIONS AND STIPULATIONS THEREOF TO PAY. THIS INDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS MODIFIED BY THE PROVISIONS HEREOF. IN WITNESS WHEREOF, THE COMPANY HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HEREUNTO AFFIXED BY ITS DULY AUTHORIZED OFFICERS. DATED: APRIL 3, 1991 T1COR TITLE INSURANCE COMPANY OF CALIFORNIA By Pr.aidt Attest z Secretary 'a.. 1191635-I- HLP PAGE 5 -) TICOR TIT INSURANCE Ticor Title Insurance Company of California 6300 Wilshire Boulevard P.O. Box 92792 Los Angeles, CA 90009 POLICY OF TITLE INSURANCE LOAN SERVICE SUBJECT TO THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE POLICY INSURANCE COMPANY OF CALIFORNIA, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by said insured by reason of any incorrectness of the assurances set forth in Schedule A. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By co President Attest Secretary I, 1191635- HLP PAGE 2 TICOR TITLe INSURANCE HOME EQUITY LOAN POLICY SCHEDULE A AMOUNT OF INSURANCE: $100,000.00 FEE $140.00 POLICY NO.: 1191635-HLP DATE: MARCH 15, 1991 COUNTY: SAN DIEGO INSURED: RANCHO SANTA FE NATIONAL BANK BORROWER: MICHAEL CHIRIAC AND KATICA CHIRIAC THE COMPANY ASSURES THE INSURED THAT: 1. THE LAST DOCUMENT IN THE CHAIN OF TITLE PURPORTING TO CONVEY FEE TITLE AS DISCLOSED BY THE OFFICIAL RECORDS OF THE RECORDER OF SAID COUNTY WAS RECORDED ON: MAY 18, 1989, RECORDER'S FILE NO. 89-263511 DATE: MAY 1, 1989 DOCUMENTARY TRANSFER TAX: $247.50 CONVEYED TO: MICHAEL CHIRIAC AND KATICA CHIRIAC, HUSBAND AND WIFE AS JOINT TENANTS 2. THE LATEST EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE ASSESSOR OF SAID COUNTY DISCLOSES THE FOLLOWING WITH RESPECT TO THE LAND REFERRED TO HEREIN. STREET ADDRESS: CAZADERO DRIVE CARLSBAD, CALIFORNIA ASSESSOR'S PARCEL NUMBER: 215-400-12 ASSESSED VALUES LAND : $229,500.00 FIRST INSTALLMENT : $1,285.80, PAID SECOND INSTALLMENT : $1,285.80, OPEN TOTAL TAXES : $2,571.60 SUPPLEMENTAL TAXES FIRST INSTALLMENT : $407.95, PAID SECOND INSTALLMENT : $401.95, PAID 1191635- HLP PAGE 3 6 10 TICOflTIC INSURANCE 3. SUBJECT TO ANY CONFLICTS IN BOUNDARY LINES, OR DISCREPANCIES THAT WOULD BE REVEALED BY A CORRECT SURVEY, THE LAND IS DESCRIBED IN THE ABOVE REFERENCED INSTRUMENT AS FOLLOWS. DESCRIPTION LOT 735 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. 4. A SEARCH OF THE CHAIN OF TITLE TO SAID LAND AS DISCLOSED BY THE OFFICIAL RECORDS OF SAID COUNTY REVEALS NO HOMESTEAD EXECUTED BY THE PARTY(IES) NAMED ABOVE, NOR MORTGAGES NOR LIENS PURPORTING TO AFFECT SAID LAND, OTHER THAN THOSE SET OUT BELOW UNDER EXCEPTIONS; PROVIDED, HOWEVER, THAT NO LIABILITY IS ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN THIS SCHEDULE, NOR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT NOR PRIORITY OF ANY MATTER SHOWN AS AN EXCEPTION. EXCEPTIONS 1. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : MAY 16, 1989 AMOUNT $146,250.00 TRUSTOR : MICHAEL CHIRIAC AND KATICA CHIRIAC, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE : TICOR TITLE INSURANCE CO. OF CA., A CORP. BENEFICIARY RANCHO SANTA FE NATIONAL BANK RECORDED : MAY 18, 1989, RECORDER'S FILE NO. 89-263512 1191635- HLP PAGE 4 7 CITY OF CARLSBAD 1200 CARLSBAD ILLAGE DRIVE CARLSBAD, C IFORNIA 92008 438-5621 R EC' D FROM DATE ACCOUNT NO. DESCRIPTION AMOUNT uI Odo /Y .iP9/-jç mul 101 IV C-PRMT / RECEIPT NO. 3984 TOTAL ul s -I. . . City QCarlsbad "VITS" 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. Apollcant List the names and addresses of all persons having a financial interest in the application. Erika Demiter P. o. Box 3687 Rancho Santa Fe, CA 92067 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Erika Demiter P. 0. Box 3687 Rancho Santa Fe, CA 92067 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NJYJ\ 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 FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161 ek 1-4 I I (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 j. if yes, please indicate person(s)__________________________________________________ Person is defined as: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation. estate, trust. receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date oa Demiter Erika Demitr Print or type name of owner Print or type name of applicant FRM00013 8/90 . I RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) (Formerly Elm Avenue) ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 215-400-12 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this / day of ..Ti I/. 19 91 by and between Erika Demiter (Name of Developer-Owner) 4_n individual , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is P.O.Box 3687, Rancho Santa Fe, CA 92067 (Street) (City, State, Zip Code) and theCI1Y OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property Lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: single family residence on said Property, which development REV 8/90 1 /-/D P 9/—i'I!s S 0 carries the proposed name of and is hereinafter referred as "Development'; and WHEREAS, Developer filed on the /-J'7- day of .JCJL'/ , 19.j. with the City a request for Grading Permit and Hillside Development Permit ___hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount nL u exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or REV 8/90 2 . S other construction permits for the development and shall be based on the valuation at that tune. This fee shall be in addition to any fees dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit' and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided 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 to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. REV 8/90 4 S . apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 8/90 5 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Erika Demiter (name) By:4 Owner-Developer (Tide) M. CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAI( For City Manager (Title) ATTEST: ALETI-IA L. RAUTENKRANZ, City Clerk INDIVIDUAL ACKNOWLEDGMENT NO 201 State of C7114 e_ AV 1109 On this the /(f7- day of _________ 19iZ. before me, County of _ - ** * * *** ** ** **** ******* * * ** ** *** * * OFFICIAL SEAL GISELA HAUSER NOTARY PUBLIC—CALIFORNIA NOTARY BOND FILED IN SAN DIEGO COUNTY My Commission Expires July 23. 1993 the undersigned Notary Public, personally appeared e,4 0t:/E.1l / personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fJ' subscribed to the within instrument, and acknowledged that ________________ executed it. WITNESS my hand and official seal. Notary's sf6riature ATTENTION NOTARY: Although the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificate to another document. Title or Type of Document - _t0-C -• __________________ THIS CERTIHCATE MUST BE ATTACHED Number of Pages 8 Date of Document 2—f-- TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 4' 7100-109 Q NPdIL)NP,L I'IUiflT /i4 O ..,, ,, ..,, . . EXHIBIT "A" LEGAL DESCRIPTION Lot 735 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. REV 8/90 7 / HITm6SIDE DEVELOPMENT PERMIT CHECK /w COMMENTS ty / PROJECT NUMBER 1. Land Use Review Application Form / Slope Analysis (5 Copies) 3. Slope Profile (5 Copies) 4. Environmental Impact Assessment Form (Separate Fee required) S. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each) Disclosure Statement 4---~7- Title Report (3 Copies) Application Fees. (Planner to include Application Number and Account Number on receipt) PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the application number written in the lower right hand corner 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 SIGNATURE FRM00011 4/91 Page 5of5 BRIAN SMITH ENGINEE•INC. 2656 STATE STREET CARLSBAD, CALIFORNIA 92008 Phone (619) 729-8981 Fax (619) 729-0650 TO Of" IJat £2Lt9 /4>7 GENTLEMEN: =ET1TE W 01TTI I DATE -7—/—,g/ JOB NO. ATTENTION RE & Z1c ci / c&( ' &2&2 WE ARE SENDING YOU (Attached D Under separate cover via the following items: E Shop drawings CPrints D Plans 0 Samples 0 Specifications 0 Copy of letter 0 Change order 0 I]iI4;1l1I[S] ____ •w* _4im MWOOK /- - THESE ARE TRANSMITTED as checked below: For approval 0 Approved as submitted • Resubmit copies for approval 0 For your use 0 Approved as noted • Submit______copies for distribution 0 As requested 0 Returned for corrections 0 Return _______corrected prints 0 For review and comment 0 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS JUL r OF CAR, ot,.— lUj [ES11IJ SIGNED: If enclosures are not as noted. kindly notify us at once. AMP - 4' ILAr