HomeMy WebLinkAboutHDP 92-10; COSTA DEL SOL; Hillside Development Permit (HDP)1. CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only)
PAGE 1 OF 2
(For Dept.
Use Only)
Master Plan ...............
Specific Plan .............
Precise Development Plan...
Tentative Tract Map. .
ri Planned Development Permit
Non-Residential Planned
Development Permit........
Condominium Permit.........
Special Use Permit.........
Redevelopment Permit.......
Tentative Parcel Map.......
Administrative Variance....
0 General Plan Amendment......
Site Development Plan.......
Zone Change.................
0 Conditional Use Permit......
Hillside Development Permit.
0 Environmental Impact Assessment................
0 Variance....................
0 Planned Industrial Permit...
0 Coastal Development Permit..
0 Planning Commission Deter...
2) LOCATION OF PROJECT: ON THE NORTH 7SIDE OF CANINITO DE LAS ONDAS I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN PASEO DEL NORTE AND J SEASCAPE DR. I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:I PARCEL 2 OF P.M. 6136 FILED IN THE COUNTY I L-RECORDERIS OFFICE OF SAN DIEGO CA. RECORDED 7/6/77
4) ASSESSOR PARCEL NO(S).
5) LOCAL FACILITIESI 20 6) EXISTING GENERALI PM I 7) PROPOSED GENERALI PM MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION I
8) EXISTING ZONING PC l) PROPOSED ZONINGI PC 10) GROSS SITEI__29.2 ACREAGE
11) PROPOSED NUMBER OF 12) 1 12 ) PROPOSED NUMBERJ 11 J13) TYPE RESIDENTIAL UNITS OF LOTS SUBDIVISION r RESIDENTkAL
(RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITSI NONE I COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL I J 16) PROPOSED COMMERCIAL
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 12 %
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 151
PAGE 2 OF 2
19) PROPOSED INCREASE
IN AVERAGE DAILY TRAFFIC
20) PROJECT NAME:
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) AHARON ABADA NAME (PRINT OR TYPE)
MAILING ADDRESS MAILING ADDRESS
6121 ROMANY DR. SANE
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
SAN DIEGO, CA 92120 1+59-5820
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOW LEDIGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE / DATE THE BEST OF MY KNOWLEDGE.
DATE r4V SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
13x2
4a 'wvo Jo A410
66 60 Nfl
WA
DATE STAMP APPLICATION RECEIVED I
RECEIVED BY:
I m I w-w-1 I
TOTAL FEE REQUIREDJ 72
DATE FEE PAIDI______ RECEIPT NO._________
ARFM0008.DH 4/89
.
.
City of Carlsbad
Jpiii.i IarB[J.JT • p tjp
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE Cfl'i COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
AHARON_ABATA
6121 ROMANY DR.
SAN _DIEGO, _CA_92120
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
SAME_AS_APrnrr
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.
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.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (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 x 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 additiona} pages as necessary.)
Signature of Owner/d e Sign7re of applicant/date
AHARON ABADA DANY ABADA RCE 45381
Print or type name of owner Print or type name of applicant
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: COSTA DO SOL
APPLICANT NAME: AHARON ABADA
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
Tentative Map! HID for. 151residential units of which 11?
are Single Family Detached with approximately 6,000 sq. ft.
lots and averaging 2,700 to 2,900 sq. ft. living space
per unit. Also 40are cluster units with an average of
685 to 1,000 sq. ft. of living space.
R.v. 4/91 ProjDesc.trm
. 0
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time limits and
the thirty (30) day time limits are often exceeded. If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing time required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up to one year from the date the
application was accepted as complete to properly review all of the applications.
JUNE-2-1992
Signature
We
~//~ )q ~W AA6
Name (Print)
t!5&4~~
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
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Issuing Office: CHICAGO Title Company
925 Bu Street
San Diego, CA 92101
(619) 239-6081
GRAY, CARY, AMES & FRYE
401 B Street
Suite 1700
San Diego, California 92101
ATTN: JOSEPH DELANEY
Dated as of December 9, 1991 at 7:30 A.M.
FAX: (619) 544-6292
Your Ref: ABADA
Order No: 931258 -15
In response to the above referenced application for a policy of title insurances
CHICAGO 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 Exhibit A attached. 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:
Standard Extended
Coverage Coverage
California Land Title Association Standard
Coverage Policy
American Land Title Association Owner's Policy
A.L.T.A. Residential Title Insurance Policy
American Land Title Association Loan Policy
Other: 4I:EEE7
•
/ C
Title Officer, Sus\Rki 544-6224
Order No: 931258
15 .
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred
to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
AHARON ABADA, a married man
3. The land referred to in this report is situated in the State of California,
County of San Diego and is described as follows:
SEE ATTACHED DESCRIPTION
'drder No: 931258 -15
1 DESCRIPTION .
Parcel 2, in the City of Carlsbad, County of San Diego, State of California, as
shown at Page 6136 of Parcel Maps, filed in the Office of the County Recorder of
San Diego County, July 6, 1977, TOGETHER WITH that portion of the South Half of
Fractional Section 21, Township 12 South, Range 4 West, San Bernardino Meridian,
in the -City of Carlsbad, County of San Diego, State of California, according to
Official Flat thereof, described as follows:
BEGINNING at the South Quarter corner of said Fractional Section 21; thence along
the Southerly line of said Fractional Section 21, North 88° 59' 52" West, 1017.71
feet; thence North 00 0 32' 50" East, 34.00 feet to the Northerly line of the
Southerly 34.00 feet of said Fractional Section 21; thence along said Northerly
line South 88 0 59' 52" East, 1017.00 feet, more or less, to the North-South center
line of said Fractional Section 21; thence along said North-South center line
South 000 00' 24" West, 34.00 feet, more or less, to the Point of Beginning.
EXCEPTING THEREFROM all oil, gas and other mineral rights in, on and under said
land, without right of ingress and egress as reserved to JACK W. HARRIS, as
Guardian of the Estate of Albert Metcalf, an Incompetent Person, in deed dated
June 8, 1955 and recorded July 1, 1955 in Book 5701, page 315 of Official Records.
ALSO EXCEPTING THEREFROM all mineral rights in, on and under said land without
right of ingress and egress as excepted and reserved by Jack Harris, Trustee, Kay
K. Metcalf, a widow, and Frank Miles Flint and Claire Sharp Flint, husband and
wife, in deed dated April 21, 1955 and recorded July 1, 1955 in Book 5701, page
317 of Official Records.
Order No: 931258 -15
•
Page J.
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions in the policy form designated on the face page
of this Report would be as follows:
A 1. Property taxes, including any personal property taxes and any assessments
collected with taxes, for the fiscal year 1991-92.
1st Installment:
2nd Installment:
Homeowners
Exemption:
Land:
Improvements:
Personal
Property:
Code Area:
Parcel No:
$16,479.48, Open
$16,479.48, Open
$None
$3,096,945.00
$None
$None
09018
214-140-40-00
5 Z. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
C 3. The rights of the public in and to that portion of the herein described
property lying within Camino de las Ondas.
4. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: CARLSBAD MUNICIPAL WATER DISTRICT
Purpose: To erect, construct, reconstruct, replace, repair,
maintain and use a pipeline or pipelines for -any
and all purposes and incidentals thereto
Recorded: November 26, 1962 as File No. 200949, Official
Records
Affects: The Easterly 10.00 feet
E Restrictions on the use, by the owners of said land, of the easement
area as provided in the document referred to above.
F 5. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: ROBERT KOSTOLANY AND ELIZABETH KOSTOLANY; et al
Purpose: - Road and public utility
Recorded: September 24, 1963 as File No. 170422, Official
Records
Affects: The Southerly and Easterly 50 feet of said land
Order No: 931258 -15
Page 2
SCREDULE B (continued)
& Said easement has been conveyed and/or reserved in various other
instruments of record.
H 6. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities, ingress and egress
Recorded: April 29, 1966 as File No. 72436, Official Records
I
Affects: The route thereof affects a portion of said land as
more fully described in said document.
'I
Restrictions on the use, by the owners of said land, of the easement
area as provided in the document referred to above.
Y 7. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Purpose: Ingress and egress as granted/reserved by various
instruments of record, one of which recorded April
26, 1971 as File No. 83685, Official Records
Affects: The Southerly 20.00 feet of said land
L 8. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: The Pacific Telephone and Telegraph Company
Purpose: Public utilities, ingress and egress
Recorded: Mrch 19, 1975 as File No. 75-062190, Official
Records
ri
Affects: The route thereof affects a portion of said land as
more fully described in said document.
N Restrictions on the use, by the owners of said land, of the easement
area as provided in the document referred to above.
rsi 9. An easement for the purpose shown below and rights incidental thereto as
brder No: 931258 -15
Page
SCKEDULE B (continued)
set forth in a document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities, ingress and egress
Recorded: June 17, 1975 as File No. 75-152014, Official
Records
P
Affects: The route thereof affects a portion of said land as
more fully described in said document.
Restrictions on the use, by the owners of said land, of the easement
area as provided in the document referred to above.
R 10. An Offer of Dedication over that portion of the herein described property
as shown and delineated on said Map as "Portion of Parcel 2 reserved for
future street. Access rights relinquished and waived hereon" and a
rejection of said offer by the City of Carlsbad. (Note: Section 11616 of
the Business and Professions Code of the State of California provides
that a rejected offer of dedication shall remain open and is subject to
the future acceptance by the City of Carlsbad.
S 11. An agreement, and the terms and conditions as contained therein
Dated: June 24, 1977
By and Between: The City of Carlsbad, a municipal corporation and
Charles T. Kramer and Alice M. Kramer
Recorded: July 11, 1977, as File No. 77-275100 of Official
Records
Regarding: Contract for future public improvements
Reference is made to said document for full particulars.
T 12. A recital contained in deed recorded July 19, 1977 as File No. 77-287318
of Official Records recites in part as follows:
Prior to certification by ihe California Coastal Commission of a "local
coastal program" for the City of Carlsbad per Public Resources Code
Section 30500 et. seq., or January 1, 1981, whichever shall first occur,
no residence shall be constructed on this property, nor shall any
division of the property occur excepting divisions by Lease fo
agricultural purposes.
U 13. An agreement, and the terms and conditions as contained therein
Dated: March 13, 1978
By and Between: THE CITY OF CARLSBAD, a municipal corporation and
Order No: 931258 -15
Page 4
SCHEDULE B (continued)
CHARLES J. I.ANER AND ALICE M.
Recorded: March 28, 1978, as File No. 78-120215 of Official
Records
Regarding: A private sewer lateral
Reference is made to said document for full particulars.
V 14. An unrecorded lease with certain terms, covenants, conditions and
provisions set forth therein
Lessor: Not disclosed
Lessee: ROJELIO BEDOLLA
Disclosed by: Financing Statement
Recorded: March 31, 1980 as File No. 80-109602, Official
Records
W The present ownership of the leasehold created by said lease and other
matters affecting the interest of the lessee are not shown herein.
X 15. A deed of trust to secure an indebtedness in the amount shown below, and
any other obligations secured thereby
Amount: $975,000.00
Dated: January 30, 1989
Trustor: AHARON ABADA, an individual
Trustee: CHICAGO TITLE COMPANY OF SAN DIEGO, a California
corporation
Beneficiary: CITIBANK, N.A.
Recorded: February 1, 1989 as File No. 89-054584, Official
Records
Z 16. Notice of special tax lien recorded May 20, 1991 as File No. 1991-236959
to pay for certain public capi€al facilities, including the payment of
principal and interest on bonds.
AA END OF SCHEDULE B
AB NOTE: If this Company is requested to disburse funds in connection with
this transaction, Chapter 598, Statutes of 1989 mandates hold periods for
checks deposited to escrow or sub-escrow accounts. The mandatory hold
period for cashier's checks, certified checks and teller's checks is one
business day after the day deposited. Other checks require a hold period
from three to seven business days after the day deposited.
AC NOTE: Any funding wires to CHICAGO TITLE COMPANY are to be directed as
follows:
3rder No: 931258 -15 • Page
SCHEDULE B (continued)
SECURITY PACIFIC NATIONAL BANK
1200 Third Avenue
San Diego, California 92101
ABA 122 000 043
Credit to CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT
No. 411-263269
Further credit to Order No: 000931258
Attn: Susan Rykowski
Title Officer
440 cm
AMERICA ND TITLE ASSOCIATION LOAN POLIC',S6-90)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land i6 or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(C) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over
any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under
construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the
insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure.aginst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
I .
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from:
Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit -the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought,the land without knowing of the taking
3. Title Risks:'
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared inthe public records
• that result in no loss to you
• that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in item 3 of Schedule A, or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
. .
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof-or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant priorto the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or
interest insured by this policy.
4. Uneriforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest
of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may
be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, -d which are
not shown by the public records.
5. (a) Uripatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (C) are shown by the public records.
Reorder Form No. 12599
.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (476-90)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
aft ectingthe land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters: -
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(C) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. in addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) LJnpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
0e
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. 214-140-40
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 9 day of JUNE 19 _92 by and between
AHARON ABADA
(Name of Developer-Owner)
a SOLE OWNERSHIP , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 6121 ROMANY DR. SAN DIEGO, CA 92120
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008.
WITNES SETH:
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: TM/PUD for 157
residential units on said Property, which development
carries the proposed name of COSTA DO SOL and
Form Approved
BCityCound1Apni2Z 1986
Re3o. No. 9169
. .
is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the9 day of JUNE , 19with the City a request
for PUD/TENTATIVE MAP APPROVAL
__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 not to 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
other construction permits for the development and shall be based on the valuation at that time.
Form Approved
By city counciiApril2Z 1986
Reo. No. 9169 2
. .
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
herein, the City will not have the funds to provide public facilities and services, and the
Form Approved
By City Council April 2Z 1986
Reso. No. 9169 3
. S
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 is 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.
8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall
Form Approved
By City Council April 22, 1986
Reo. No. 9169 4
. .
apply to the respective successors and assigns of Developer and the City, and references to
Developer or City herein shall be deemed to be reference 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.
Form Approved
By City Council April 22, 1986
Reo. No. 9169 5
S •
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of
California
AHARON ABADA
(name
By:
MARTIN ORENYAK
For City Manager
By:
(Title)
ATTEST:
ALETHA L. RAUTENKBANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
S .
EXHIBIT W
LEGAL DESCRIVI1ON
PARCEL 2 OF MAP 6136 FILED IN THE OFFICE OF
THE COUNTY RECORDER IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA. RECORDED 7/6/77
Form Approved
By City Council April ZZ 1986
Ro. No. 9169 7
• S SAME
City of Carlsbad •i.i ri .i
PUBLIC FACILITIES FEE REQUIREMENTS
City Council Policy No. 17 requires that all developers requesting a discretionary action for a project
pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is
computed by the Building Department and paid at the time the Building Permit is obtained. In the
case of a condominium conversion, the fee is calculated on the building valuation at the time the
fee is paid and the fee must be paid prior to obtaining a Final Map on the project.
In addition to the above, a completed, signed, and notarized agreement to pay the Public facilities
Fee must be submitted with any application for a discretionary action. Applications for the
construction of any building by a nonprofit corporation exclusively for religious, education, hospital
or charitable purposes are excluded from the payment of this fee and completion of this Agreement.
Also excluded are applications for the construction of any building by the City of Carlsbad, the
United States or any department or agency thereof or by the State of California or any department,
agency or political subdivision thereof. This agreement form should be completed by the Applicant
and submitted as follows:
1. Select the appropriate form for either (a) the Developer and Owner are the same party, or
(b) the Developer and Owner are different.
2. Fill in the date the agreement is completed; the name and address of the Developer, and
Owner, if appropriate, and state if each is an individual, partnership, corporation, etc.
3. Fill in the type of project proposed to be constructed such as, a 12-unit condominium or
30000 square foot shORRing center, etc., and the proposed name (if any).
4. Fill in the date the request will be (or was) submitted and the type of request such as, a
tentative map, condominium permit, or rezonin g . etc.
5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must
be an original. No reproduced copies will be accepted.
6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement
of Execution to the form.
a. Include the title of the person signing the form (General Partner, Vice-President,
etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be
stamped by the signature.
b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation.
7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the
original of the agreement and one (1) copy.
8. A current copy of the preliminary Title Report must accompany each application. The
preliminary Title Report must have been issued within the last six (6) months.
9. Attach a check for $40.00, payable to "City of Carlsbad".
FRM0017 11/90
2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161
0 O
Bramalea California, Inc.
One Park Plaza, Suite 1100
Irvine, California 92714
(714) 851-3131
Executive
Offices
April 20, 1992
Mr. Aharon Abada
6121 Romany Drive
San Diego, California 92120
RE: Access and Grading Agreement;
Hidden Valley Road and Alga Road; Carlsbad, California
Bramalea California is the legal owner of a parcel of land known as San Diego
County Assessor's Parcel #214-140-08.
Bramalea California, Inc., grants permission for right of way, slope, easements,
grading, drainage, and incidental purposes as shown on the tentative map for a residential
project known as Mariners Point, a copy of which is attached hereto and incorporated by
reference.
Sincerely,
Jack,Jmer, Vice Pres'ident
Brath'alea California, Inc.
E(E TO ar-r.
Commercial • Residential • Industrial Developers
JLW Carlsbad Unified School District
801 Pine Avenue, Carlsbad, California 92008-2439 (619) 729-9291 FAX# (619) 729-9685 "All Students Can Learn'
BOARD OF TRUSTEES
January 6, 1992
J. EDWARD SWITZER, JR.
President
JOE ANGEL
Vice Predent
MARK D. PACKARD
Clerk
JAMES MCCORMICK
Member
SHARON FAITHFUL
Member
DISTRICT
ADMINISTRATION
THOMAS K. BRIERLEY, Ed.D.
Superintendent
SUSAN-RARUMI BENTLEY, Ed.D.
Assistant Superintendent
Instructional Services
JOHN IL BLAIR
Assistant Superintendent
Business Services
GERALD C. TABMAN
Assistant Superintendent
Personnel Services
CHERYL ERNST
Director
Elementary Education
DEWAYNE L. FEASEL
Manager
Facilities/Maintenance/
Operations
Sincerely,
4ssiJnair
stant Superintendent
Business Services
ni g
C: Sherry Pozza
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Re: Aaron Abada.
120 sfd and 40 condos, APN 214 140 40.
Camino de las Ondas, Carlsbad, CA 92009
Our District has reviewed the proposed project located at
the above-referenced location and has evaluated the impact
of the development of the project on the facilities of the
District.
The Governing Board wishes to advise the City officials and
residents of Carlsbad that, as residential units are added
to the community, it is likely that many classes in the
District will become crowded, resulting in possible
impairment to the educational and transportation services
offered to the students. It is also probable that the
students generated from this project may not attend the
closest neighborhood school due to over-crowded conditions,
and, in fact, may attend school across town.
However, the District is able to assure you that school
physical facilities will be available concurrent with need
for this development as it is presently proposed.
. .
Carlsbad
£'1
Municpa Water D ithct
5950 El Camino Real, Carlsbad, CA 92008
WATV Engineering: (619) 438-3367
Administration: (619) 438-2722
Fax: (619) 431-1601
October 2, 1990
To: City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Attn: To Whom It May Concern:
Subj: A.P.N. 214-140-40, Costa Do Sol - North West Corner Paseo
Del Norte and Camino De Las Ondas - CMWD Project No. 90-
510, C.T. 90-17
Responding to your request of September 28, 1990, the
subject project has been reviewed by the District Engineering
Department to determine whether compliance with the growth
management performance standard will be maintained with the
proposed development. The compliance with the standard will be
met subject to the following conditions:
1. The entire potable and non-potable water systems for subject
project to be evaluated in detail to insure that adequate
capacity and pressure for domestic, landscaping and fire
flow demands are met.
2. The developer's engineer shall schedule a meeting with the
District Engineer and City Fire Marshal and review the
preliminary water system layout prior to preparation of the
water system improvement plans.
3. The Developer will be responsible for all fees and deposits
plus the major facility charge will be collected at time of
issuance of building permit. Also Developer will be
responsible for payment of capacity charge which will be
collected at issuance of application for meter installation.
"Serving Carlsbad for over 35 years"
City of Carlsbad
Planning Department
October 2, 1990
Page two
We ask that the above stated conditions be included as a
condition of meeting compliance with standards. If you have any
questions, please do not hesitate in contacting the undersigned.
Very truly yours,
F.
Engineering Manager
FJW: j cm
cc: Dany Abada
CMWD 90-510
CITY OF CARLSBAD
1200 CARLSBAD LAGE DRIVE CARLSBAD, C ORNIA 92008
438-5621
REC'DFROM DATE_____________
ACCOUNT NO DESCRIPTION AMOUNT
7994 0/09/92 4001 01 02
of
RECEIPT NO TOTAL
1j 1L
AP& 400