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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 U a LU FE] -I a a a . . 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 r 131 I -,- '..j,•— Ct?/ -- . Pt. S C----- -?o5J . 1 'e M t * :I1,- • 1 ' — -- -'S. -- . • •'.n pI.t l r,,r.id Is 3op.tt. ye. nfprrfle, to .1mb M4 Other psi- -... 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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