HomeMy WebLinkAboutMP 179; Evans Point; Master Plan (MP)MP179
EVANS POINT
212-050-22-00
Status: WITHDRAWN on 04/26/89
Application date: 06/20/85
LAND USE PLANNING APPLICATION
DISCRETIONARY ACTIONS
REQUEST
D Zone Change
DGeneral Plan Amendment
DTentative Tract Map
C] Major Planned Unit Development
El Master Plan
DMajor Redevelopment Permit
DMinor Redevelopment Permit
QPrecise Development Plan
(check other boxes if appropriate)
DSpecif ic Plan
DSite Development Plan
DConditional Use Permit
CUVariance
QPlanning Commission Determination
DSpecial Use Permit
QStructure Relocation
QMajor Condominium Permit
QCoastal Permit (Portion of Redevelopment
Area Only)
Complete Description ofProject (attach additional sheets if necessary)
Master Plan for 128 acres of residential development.
Legal Description (complete)
Attached.
Assessors Parcel Number
212-050-22. 29. 30. 34
Zone RA-1
County of San Di
General Plan 43 acres RL
85 acres RLM
Existing Land Use
Ydcant,
Proposed Zone
P.C.
Proposed General Plan
No change.
Site Acreage
128 acres
Owner
Name (Print or Type)
Trust Services of America, Inc.
A California Corporation, as Trustjee
Applicant
Mailing Address
P.O. Box A - 1831
Name (Print or Type)
Bieri ~ Avis
Mailing Address
11300 Sorrento Valley Road, Suite 101
City and State Zip Telephone City and State Zip
'San Diego, California 92112 San Diego, California 92121 '457-0777
I CERTIFY THAT I M THE OWNER'S REPRESENTATIVE
AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
I CERTIFY THAT I AM THE LEGAL OWNER AND
THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
Briqr application per
. Ro1Iman
SIGNATURE DATE
00*15
Date Application Recfa
ffr '
Received By/ Fee* Received Receipt No.
Date Application Recr<3 Staff Assigned Case Nuafcer
17 7
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438-5621
REC'D FROM_p \\ s IA~T DATE_
ACCOUNT NO.DESCRIPTION AMOUNT
(.
PfECEIPT NO.TOTAL
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-0
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
~T~. Application Form
2. General Requirement Items:
- eighteen (18) copies of items B-D
- items E-0
3. Fee: Master Plan $1,635.+ $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + 5.00 acre
Minor $185.00 + 2.00 acre
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
T~. Application Form
2. General Requirement Items
- eighteen (18) copies of item A
items E-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items B-D
items E-0
3. Conversion to Condominiums - list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
Residential Condominiums
$530.00 (50 units or less)
$1,090.00 (50 units or more)
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for Condominium
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$1,090.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Form
2. General Requirement Items
eighteen (18) copies of items B-D
items E-I, M-0
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1 . Application Form
2. General Requirement Items:
eighteen (18) copies of items B-D
items E-0 (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Enaineering
Department for Special Use Permits
Variance
1. Application Form
2. General Requirement Items:
eighteen (18) copies of item B and D (if
applicable)
items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
Planning Commission Determination
T~. Application Form ~
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
eighteen (18) copies of items B-D (if applicable)
items F-I, L, M, 0
4. General Requirement Items for Density Determination:
eighteen (18) copies items B-D
items E-I, L-0
5. Fee: $330.00
Major and Minor Redevelopment Permits
~.Application Form
2. General Requirement Items:
Major;
eighteen (18) copies of Item B-D
items E-M and material samples (if applicable)
Minor;
- eighteen (18) copies of items B-D (if applicable)
items E-Ff H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary).
4. Coastal Permit if applicable.
Structure Relocation
1.Application Form
2. General Requirement Items
eighteen (18) copies of B and D
items E, F, H, I, M
- inspection notice from the Building Department
3. Fee: $120.00
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary grading plan
(24" x 36" folded to 8 1/2" x 11")
Each tentative map/preliminary grading plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
(5) Date of preparation;
(6) The location, width and proposed names of all
streets within the boundarie-s of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at 1' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed). Existing and proposed topographic
contours within a 100 foot perimeter of the boundaries of
the site. Existing on-site trees; those to be removed and
those to be saved;
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15) Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) Typical street section for all adjacent streets
and streets within the project.
B. Site Plan (folded to 8 1/2" x 11") shall include the
following information:
Name and address of applicant, engineer and/or arc-
hitect, etc.
All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of spaces,
and wheel stops.
distances between buildings and/or structures
building setbacks (front, rear and sides)
location, height, and materials of walls and fences
- location of freestanding signs
all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
the limits of subject site.
existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus distances from subject site.
location of all buildings within 100 feet of subject
properties.
- a vicinity map showing major cross streets
a summary table indicating the following
information:
site acreage
existing zone and land use
- proposed land use
total building coverage
building sq. footage
percent landscaping
number of parking spaces
- sq. footage of open/recreational
space (if applicable)
cubic footage of storage space
(if applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" :
11") shall include the following information:
1. Landscape zones per the City of Carlsbad Landscape
Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplemental) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) for all areas.
5. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36" folded
to 8 1/2" x 11")
floor plans with square footages included
- location and size of storage areas
all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT
TO EXCEED 8 1/2" x 11".
E. One (1) copy each of 8 1/2"x11" site plan and elevations.
F. One (1) copy of 8 1/2"x11" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special Use Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 600 foot radius
of subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 600-foot radius of
subject property. For any address other than single family
residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
K. 600 Foot Radius Map
(Not neededfor Site Development Plan, Planning Commission
Determination and Special rise Permit). A map to scale not
less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with «the
property owner's list. The scale of the map may be reduced
to a scale acceptable to the Land Use Planning Manager if
the required scale is impractical.
L. For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicantshallindicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan (Not required with
first submittal).It is the Applicant's responsibility to
bring one copy of a colored site plan and one copy of a
colored elevation to the Land Use Planning Office by Noon
two days prior to the Planning Commission meeting.
P. Statement of agreement to waive tentative tract map time
limits.
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, :
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
1^ after the information YOU have submitted has been reviewed, it is determined
that further informatioi^^ required, you will be so
APPLICANT:
AGENT:
Evans Point Joint Venture c/o Bieri - Avis
Name (individual, partnership, joint venture, corporation, syndication)
11300 Sorrento Valley Road, Suite 101, San Diego, Ca. 92121
Business Address
(619) 457-0777
Telephone Number
Name
Business Address
MEMBERS t
Telephone Number
Stephen A. Bieri
Name -(individual, partner, joint
venture, corporation, syndication)
17704 Montero Road
San Diego. Ca. 92128
Home Address
11300 Sorrento Valley Road, Suite 101, San Diego, Ca. 92121
Business Address
(619) 457-0777 (619) 451-1926
Telephone Number
Douglas M. Avis
Telephone Number
12911 Via Latina
Del Mar. Ca. 92014
Home Address
11300 Sorrento Valley Road, Suite 101, San Diego, Ca.
Business Address
(619)) 457-0777 (619) 259-0980
Telephone Number Telephone lumber
92121
Sun Development Corporation
5151 Shoreham Place #150
San Diego, California 92122
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended.
(/Applicant
BY
Agent, Owner, Partner
PLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre)
2) Zone ;
3) General Plan Land Use Designation
4) By law a Variance may be approved only if certain facts are found to exist.
Please read these requirements carefully and explain how the proposed
project meets each of these facts. Use additional sheets if necessary-
a) Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property or class of use in the same vicinity
and zone:
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial property right possessed by otter property in
the same vicinity and zone but which is denied to the property in question:
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is located
d) Explain why the granting of such variance will not adversely affect the
comprehensive general plan:
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.
Signature Date
Douglas M. Avis Applicant
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist the City of Carlsbad to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted for this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approved or
disapproved within 90 days after the certification of the
environmental impact report. The undersigned understands that the
City will process this application according to City Council
Resolution No. 7872 and consents to processing the application
according to that resolution.
Si&riature of Applicant or Date
Authorized Agent
Douglas M. Avis _ _ _
Name (print) Title (Applicant, Authorized Agent, etc.)
APPROVED :
Michael J. Holzmiller
Land Use Planning Manager
RECORDING REQUESTED
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. <3- / 2 - 0'J~& - 3- 7 , £ O
AGREEMENT BETWEEN OWNER. DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 26 day of March , 19 85
by and between
Evans Point Joint Venture
(Nameof Developer)
a Joint Venture hereinafter referred to as
(Corporation, partnership, etc. )
"Developer1' whose address is
11300 Sorrento Valley Road-Suite 101
-(Street)
San Diego, California 92121
(City,State,Zip Code)
Trust Services of America, Inc.
(Nameof Legal Owner)
, hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
P.O. Box A 18ri
(Street)
San Diego, California 92112
(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 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82 2^-33.2.
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows: Planned rnrnmiim' 1-y
of 70 townhomes, 294 single family homes. 2% village commercial rpnt-pr-g and
9 acre public park.
on said Property, which development carries the proposed name of
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 27 daY of Marrh »
•19 85 , with the City a request for Tentative Map and Master Plan and
Pre-annexation zone change.
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 ser^e 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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
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REV 4-2-82
WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2% 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. 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 and Owner sh?ll pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
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 terras "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
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REV 4-2-82
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 or occupancy for which the
development is intended. Developer and Owner shall pay to City a
public facilities fee in the sum of $1,150 for each mobilehome 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 and Owner 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 and Owner
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
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.
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REV 4-2-82
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 and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer 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 of 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 for 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.
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REV 4-2-82
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations cf this
agreement have been satisfied, City shall record a release.
/// Notwithstanding Trust Services of America, Inc.'s execution of this Note, it is
understood that it has so acted as Trustee of its Trust No. 24-5493-00-2 and
that-its liability and obligation hereunder are not assumed by it in its
corporate capacity but shall be limited to its fiduciary undertaking, and
/-/'/ ' in all events, to the assets of said Trust.
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REV 4-2-82
PUBLIC FACILITIES FEE REQUIREMENTS
City Council Policy -Number 17 requires that all developers requesting a
discretionary action for a project pay a public facilities fee in the
amount of 2.0 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. 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 "30,000 square foot shopping 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 "a tentative map", or a "condominium permit",
"rezoning", etc.
5. Type a short legal description of the property on the last sheet
(Exhibit "A"). Legal must be 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. Fill out 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. The notary must be of the correct form (individual, partnership,
corporation) and be completely and properly filled out.
7. Use ttu. attached form as original; a reproduced copy will not be
accepted. Submit the original of the agreement and one copy.
8. A current copy of the preliminary title report mrst accompany each
application. (The preliminary title report must have been issued
within the last six months).
7/84
ORDER NO. 45205
LEGAL DESCRIPTION
PARCEL 1:
That portion of Lot "F" of RANCHO AGUA HEDIONDA, in the County of San Diego,
State of California, according to Map thereof No. 823, filed in the Office of the County
Recorder cf San Diego County, November 16, 1896, described as follows:
Beginning at Point 1 of said Lot "F" as shown on said map; thence along the boundary
line of said Lot "F" South 25°33'56" East (Record: South 25°03'40" East) 229.00 feet
to Point 23 of said Lot; thence South 54°40'19" East (Record: South 54°08' East) along
the boundary line of said Lot 1,347.00 feet; thence South 35°19'44" West (Record:
South 35°49'52" West) 2,257.74 feet; thence North 53°02'49" West (Record: North
52°32'21" West) 1214.69 feet to the most Westerly corner of that Parcel of land
partitioned out to Barbara Jean Higdon, only, by and in that certain Final Judgment in
partition recorded March 24, 1965, as File No. 52516 in Official Records of said
Recorder; thence West to a point on the boundary line of said Lot "F" between points
4 and 5 of said Lot being the TRUE POINT OF BEGINNING; thence along said boundary
line North 0°12'00" East to said Point 4 of Lot "F"; thence North 81°59'35" West a41.96
feet (Record North 83°05' West 344 feet) to Point 3 of Lot "F"; thence North 1°54'38"
West 1,204.66 feet (Record North 3° West 1,218 feet) to Point 2 of Lot "F"; thence
along the Northeasterly line of Lot "F", South 66°54'43" East (Record South 66°30' East)
to a point distant thereon North 66°54'43" West (Record North 66°30' West) 780 feet
from said Point 1; thence South 23°05'03" West 1450 feet; thence South to a line that
bears East from the TRUE POINT OF BEGINNING; thence West to said TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM that portion described in Parcels 68452-A and 68452-B of
deed to the County of San Diego, recorded January 14, 1970 as File No. 7225 of Official
Records.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at said Point 23, being the Northerly corner of lands granted by Charles
Kelly and wife to Elmer U. Carpenter by deed recorded June 1, 1937 in Book 662, page
75 of Official Records, in the Office of the County Recorder of San Diego County;
thence South 11°55'07" West 14.42 feet along the Westerly boundary of said Carpenter
land to the Southwesterly line of El Camino Real, as shown on Road Survey No. 1800-1,
as described in deed to the County of San Diego, recorded January 14, 1970 as Document
No. 7225 of Official Records of said County, being a point on a curve in said Southwesterly
line concave Southwesterly and having a radius of 3455.00 feet, a radial line from said
point bears South 35°35'22" West, said point being the TRUE POINT OF BEGINNING;
thence Northwesterly along said curve through a central angle of 9°02'31" a distance
of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence
North 63°27'09" West 472.26 feet to the beginning of a tangent curve in said Southwesterly
line concave Southwesterly and having a radius of 14,955.00 feet; thence Northwesterly
along said curve through a central angle of 0°29'19" a distance of 127.53 feet to Station
420 Plus 25 as shown on said Road Survey No. 1800-1; thence leaving said Southwesterly
line South 28°53'52" West 178.31 feet; thence South 17°24'23" East 278.57 feet; thence
South 29°42'33" East 399.26 feet; thence South 54°36'44" East 601.95 feet more or less
to the most Westerly corner of said land to Carpenter; thence along the Westerly
boundary of said land North 42°59'32" East 374.50 feet and North 11055'07" East 301.18
feet to the TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at Point No. 2 of said Lot "F" as shown on said map; thence along the
common boundary line between Lot "I" and said Lot "F", South 1°38'25" East -Record
South 1°54'38" East- 707.65 feet to the TRUE POINT OF BEGINNING, being the most
Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, recorded
November 13, 1962 as File No. 193941 of Official Records; thence along the Southeasterly
prolongation of the Northeasterly line of said Sippel's Land, South 55°33'25" East to a
point on a line drawn parallel with and distant 100.00 feet measured at right angles
from said common boundary line between Lots "F" and "I"; thence along said parallel
line, South 1°38'25" East, 445.00 feet to a line that bears North 81°59'35" West from
Point 4 of said Lot "F"; thence North 81°59'35" West, 103 feet, more or less, to Point 3
of said Lot "F"; thence along said boundary common to said Lots "F" and "I", North
1°38'25" West (Record North 1°54'38" West), 505.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
All of that portion of Lot F of RANCHO AGUA HEDIONDA, in the County of San Diego,
State of California, according to Partition Map thereof No. 823, filed in the Office of
the County Recorder of San Diego County, November 16, 1896, and described as follows:
Commencing at Point One of said Lot F, as shown on said map; thence along the
exterior boundary line of said Lot F, South 25°03'40" East (Record: South 24°45' East)
•229 feet to a point upon said Lot boundary line designated on said map as Point 23,
which point is also the most Northerly corner of lands granted by Charles Kelly, et ux,
to Elmer U. Carpenter by deed recorded June 1, 1937, in Book 662, page 75 of Official
Records, in the Office of the County Recorder of San Diego County; thence along the
Northwesterly boundary of said Carpenter lands as follows: South 11°51'12" West a
distance of 315.60 feet to a point; thence South 42°55'37" West a distance of 374.50
feet to a point, which point is the most Westerly corner of said Carpenter lands; being
also the most Southerly corner of land conveyed to Young Men's Christian Association
of San Diego and San Diego County, by deed recorded March 28, 1972 as File No. 73319
of Official Records and the TRUE POINT OF BEGINNING; thence along the Southwesterly
boundary of said Carpenter lands, South 54°10'08" East a distance of 2.07 feet to a
point; thence South 42°24'42" West 938.72 feet to a point, which point is the beginning
of a tangent arc concave Southeasterly and having a radius of 600 feet; thence along
the curve of said arc a distance of 269.80 feet to a point; thence South 16°38'52" West
386.15 feet to the most Westerly corner of land conveyed to James A. Dye, et ux, by
deed recorded December 31, 1969 as File No. 236219 of Official Records; thence West
to the East line of land conveyed to Title Insurance and Trust Company by deed recorded
December 22, 1965 as File No. 230093 of Official Records; thence along said East line
North to an angle point; thence North 23°05'03" East to the Southwesterly line of said
Young Men's Christian Association Lands; thence Southeasterly along said Southwesterly
line to the TRUE POINT OF BEGINNING.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:DEVELOPER:
Trust Services of'America, Irrc. , A Evans Point Joint Venture
California Corporation, a3.Trustee
under Trust #24-5493-00-2 Bieri - Avis III, a California
.' / / /' • general partnership, managing-? i
TO -146 C
(Corporation as a Partner of a Partnership)
STATK OF CALIFORNIA
COUNTY OF San Diego }ss.
May 8, 1985
Inc. A
po-ration,
r
On
sakl State, personally appeared
President =;ffi!t~r!
liefore me. the undersigned, a Notary PuMic in and for
Douglas M. Avis known ,„ me ,„ ,)e „„
Avis Company, Inc.
tin- within' instrument and known to mi' to be [In- persons who
executed the within instrument on hehalf of >aid corporation.
s;;id corporation liein^' known to me |o he one of the partners of
Bieri-Avis III ,1,,
_. the corporation thai executed ant
that executeil the within instrument, and acknowledged to me
that -ueli corporation executed the same as such partner ami
that inch partn^j^hip executeil the same.
WITNESS
Signature
Ruth A. Besecker
Name I Typed or Printed)
joint venture
OFFriAL iEAL,
RUTH .BESECKER
NOTARY r ; -c • CALIFORNIA
SAN I .GO COUNTY
MyComm • .' rej Nov 29, 1 ?88
California
rship ,
Ruth A. Besecker
Name 'Typed nr Printed)
(This area for official notarial seal)
"win M. Lji_oi_u;ii_!\
NOTARY PUBLIC • CALIFORNIA
SAN D;EGO COUNTY
m c«pirei Nov. 27, 1988M
(This area for official notarial seal)
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
TITLE INSURANC6
AND TRUST
A neon COMPANY
I
w
u
u
\
On MAY 3. 19S5 before me, the undersigned, a Notary Public in and for
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the VICE
President, and JOE^E.^ CJOLLTNR
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
ASSISTANT Secrerarv of rhe Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS myhand and^fificial seal.
c ' / I n ffi v L/Lf^ tAjAJ ft 4 J ASicrnariirp J UllUAfn "rfc-fr/CtC-*- <• *-* /Hu /
,_
<T ,-.--••.-, ~^~ "^' :^.^~^""'\! ' ', r •'•-.•.--..... ...- /N ••- • • ' ••••-•'.-... 1 -, i;(O '
)-••- •- :.: : • . • . - - )v<V ^^-•^•^} - ~ -\ • v.' p . ' '"• •- '-' ' ''JT" )
W--^-N^-!l!^S;0n ExP're> Cecsmbar 12, 1988 S
(This area for official notarial seal)
ER must
Li-
CHICAGO TITLE COMPANY OF SAN DIEGO
SUITE 100, 2550 FIFTH AVENUE - FINANCIAL CENTRE
SAN DIEGO, CALIFORNIA 92103 - (619) 232-8921
PAGE 1
PRELIMINARY REPORT
CHRIS LAU
4805 REFUGIO
CARLSBAD, CA 92008
Attention:
Your No.
Our No. 45205-1
Disk No. 84
In response to the above referenced application for a policy of title insurance Chicago
Title Company of San Diego 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 below 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.
Date: SEPTEMBER 5, 1984 at 7:30 A.M.
LEE HOUSKET
Title Officer
The form of policy of title insurance contemplated by this report is: TO COME
The estate or interest in the land hereinafter described or referred to covered by this
Report is: A FEE
Title to said estate or interest at the date hereof is vested in:
TITLE INSURANCE AND TRUST COMPANY, a corporation, in its capacity as Trustee
for the benefit of IRWIN J. KELLY
The land referred to in this Report is situated in the State of California, County of
San Diego, and is described as follows:
SEE LEGAL DESCRIPTION ATTACHED
ORDER NO. 45205
LEGAL DESCRIPTION
PARCEL 1:
That portion of Lot "F" of RANCHO AGUA HEDIONDA, in the County of San Diego,
State of California, according to Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896, described as follows:
Beginning at Point 1 of said Lot "F" as shown on said map; thence along the boundary
line of said Lot "F" South 25°33'56" East (Record: South 25°03'40M East) 229.00 feet
to Point 23 of said Lot; thence South 54°40'19" East (Record: South 54°08' East) along
the boundary line of said Lot 1,347.00 feet; thence South 35°19'44" West (Record:
South 35°49'52" West) 2,257.74 feet; thence North 53°02'49" West (Record: North
52°32'21" West) 1214.69 feet to the most Westerly corner of that Parcel of land
partitioned out to Barbara Jean Higdon, only, by and in that certain Final Judgment in
partition recorded March 24, 1965, as File No. 52516 in Official Records of said
Recorder; thence West to a point on the boundary line of said Lot "F" between points
4 and 5 of said Lot being the TRUE POINT OF BEGINNING; thence along said boundary
line North 0°12'00" East to said Point 4 of Lot "F"; thence North 81°59'35" West 341.96
feet (Record North 83°05' West 344 feet) to Point 3 of Lot "F"; thence North 1°54'38"
West 1,204.66 feet (Record North 3° West 1,218 feet) to Point 2 of Lot "F"; thence
along the Northeasterly line of Lot "F", South 66°54'43" East (Record South 66°30' East)
to a point distant thereon North 66°54'43Tf West (Record North 66°30' West) 780 feet
from said Point 1; thence South 23005'03" West 1450 feet; thence South to a line that
bears East from the TRUE POINT OF BEGINNING; thence West to said TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM that portion described in Parcels 68452-A and 68452-B of
deed to the County of San Diego, recorded January 14, 1970 as File No. 7225 of Official
Records.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at said Point 23, being the Northerly corner of lands granted by Charles
Kelly and wife to Elmer U. Carpenter by deed recorded June 1, 1937 in Book 662, page
75 of Official Records, in the Office of the County Recorder of San Diego County;
thence South 11°55'07" West 14.42 feet along the Westerly boundary of said Carpenter
land to the Southwesterly line of El Camino Real, as shown on Road Survey No. 1800-1,
as described in deed to the County of San Diego, recorded January 14, 1970 as Document
No. 7225 of Official Records of said County, being a point on a curve in said Southwesterly
line concave Southwesterly and having a radius of 3455.00 feet, a radial line from said
point bears South 35°35'22" West, said point being the TRUE POINT OF BEGINNING;
thence Northwesterly along said curve through a central angle of 9°02'31" a distance
of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence
North 63°27t09" West 472.26 feet to the beginning of a tangent curve in said Southwesterly
line concave Southwesterly and having a radius of 14,955.00 feet; thence Northwesterly
along said curve through a central angle of 0°29'19" a distance of 127.53 feet to Station
420 Plus 25 as shown on said Road Survey No. 1800-1; thence leaving said Southwesterly
line South 28°53'52" West 178.31 feet; thence South 17°24'23" East 278.57 feet; thence
South 29°42'33" East 399.26 feet; thence South 54°36'44" East 601.95 feet more or less
to the most Westerly corner of said land to Carpenter; thence along the Westerly
boundary of said land North 42059'32" East 374.50 feet and North 11°55'07" East 301.18
feet to the TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at Point No. 2 of said Lot "F" as shown on said map; thence along the
common boundary line between Lot "I" and said Lot "F", South 1°38'25" East -Record
South 1°54'38" East- 707.65 feet to the TRUE POINT OF BEGINNING, being the most
Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, recorded
November 13, 1962 as File No. 193941 of Official Records; thence along the Southeasterly
prolongation of the Northeasterly line of said Sippel's Land, South 55°33'25" East to a
point on a line drawn parallel with and distant 100.00 feet measured at right angles
from said common boundary line between Lots "F" and "I"; thence along said parallel
line, South 1°38'25" East, 445.00 feet to a line that bears North 81°59'35" West from
Point 4 of said Lot "F"; thence North 81°59'35" West, 103 feet, more or less, to Point 3
of said Lot "F"; thence along said boundary common to said Lots "F" and "I", North
1°38'25" West (Record North 1°54'38" West), 505.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
All of that portion of Lot F of RANCHO AGUA HEDIONDA, in the County of San Diego,
State of California, according to Partition Map thereof No. 823, filed in the Office of
the County Recorder of San Diego County, November 16, 1896, and described as follows:
Commencing at Point One of said Lot F, as shown on said map; thence along the
exterior boundary line of said Lot F, South 25°03'40" East (Record: South 24°45' East)
229 feet to a point upon said Lot boundary line designated on said map as Point 23,
which point is also the most Northerly corner of lands granted by Charles Kelly, et ux,
to Elmer U. Carpenter by deed recorded June 1, 1937, in Book 662, page 75 of Official
Records, in the Office of the County Recorder of San Diego County; thence along the
Northwesterly boundary of said Carpenter lands as follows: South 11°51'12" West a
distance of 315.60 feet to a point; thence South 42°55'37" West a distance of 374.50
feet to a point, which point is the most Westerly corner of said Carpenter lands; being
also the most Southerly corner of land conveyed to Young Men's Christian Association
of San Diego and San Diego County, by deed recorded March 28, 1972 as File No. 73319
of Official Records and the TRUE POINT OF BEGINNING; thence along the Southwesterly
boundary of said Carpenter lands, South 54°10'08" East a distance of 2.07 feet to a
point; thence South 42°24'42" West 938.72 feet to a point, which point is the beginning
of a tangent arc concave Southeasterly and having a radius of 600 feet; thence along
the curve of said arc a distance of 269.80 feet to a point; thence South 16°38'52" West
386.15 feet to the most Westerly corner of land conveyed to James A. Dye, et ux, by
deed recorded December 31, 1969 as File No. 236219 of Official Records; thence West
to the East line of land conveyed to Title Insurance and Trust Company by deed recorded
December 22, 1965 as File No. 230093 of Official Records; thence along said East line
North to an angle point; thence North 23°05'03" East to the Southwesterly line of said
Young Men's Christian Association Lands; thence Southeasterly along said Southwesterly
line to the TRUE POINT OF BEGINNING.
Order No. 45205
At the date hereof exceptions to coverage, in addition to the printed exceptions and
exclusions contained in said policy form, would be as follows:
1. General and special taxes, a lien not yet payable, for fiscal year 1984-85.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 498, Statutes of 1983 of the State of California.
3. An easement for road for wagon or truck trail or a narrow gauge railroad, over
a portion of Lot "F" herein described as conveyed to William Me Klintock in
that certain agreement recorded as Document No. 3311 of the Torrens book on
May 8, 1923, and December 15, 1933 in Book 265, page 93 of Official Records.
Said easement was affected by Quitclaim deed recorded April 17, 1968 as File
No. 64424 of Official Records and by document recorded August 27, 1970 as File
No. 155544 of Official Records. Affects as follows:
Location thereof is not set forth.
Reference is hereby made to said Document for further particulars.
4. The Right and privilege to extend drainage structures and excavation and
embankment slopes beyond the limits of Road Survey No. 682, where required for
construction and maintenance in favor of THE COUNTY OF SAN DIEGO, in deed
recorded January 5, 1938 in Book 743, page 64 of Official Records and in Book
727, page 441 of Official Records.
Affects Parcel 1 only.
5. An easement for above and below ground public utilities and incidental purposes,
in favor of San Diego Gas and Electric Company, a corporation, as set forth in
deed recorded October 20, 1948 in Book 2988, page 454 of Official Records.
Affects as described in said instrument.
6. An easement for above and below ground public utilities and incidental purposes,
in favor of San Diego Gas and Electric Company, a corporation, as set forth in
deed recorded March 5, 1956 in Book 6003, page 133 of Official Records. Affects
as described in said instrument.
Reference is hereby made to said Document for further particulars.
7. An easement for above and below ground public utilities and incidental purposes,
in favor of San Diego Gas and Electric Company, a corporation, as set forth in
deed recorded September 18, 1962 as File No. 160664 of Official Records. Affects
as described in said instrument.
Reference is hereby made to said Document for further particulars.
8. An agreement dated October, 1963, by and between INVESTMENT SECURITIES
CORPORATION, a California corporation and TITLE INSURANCE AND TRUST
COMPANY, disclosed by an instrument recorded March 26, 1964 as File No. 55458
of Official Records.
Reference is hereby made to said Document for further particulars.
9. An easement and right of way for pipeline and access and right to pass over a
strip of land 30 feet in width by any convenient route as awarded to various
parties in the Final Judgment in partition and incidentals thereto in favor of
CHARLES DAVID KELLY, ET AL, by an instrument recorded March 24, 1965 as
File No. 52516 of Official Records. Affects as follows:
Location thereof is not set forth.
Reference is hereby made to said Document for further particulars.
10. An easement and right of way for water pipelines and incidents and appurtenances,
ingress and egress and incidentals thereto in favor of CARLSBAD MUNICIPAL
WATER DISTRICT, by an instrument recorded November 27, 1968 as File No.
208029 and re-recorded November 29, 1968 as File No. 209776, both of Official
Records. Affects as described in said instrument.
Reference is hereby made to said Document for further particulars.
11. An easement and right of way for ingress and egress for road purposes and
incidentals thereto in favor of BARBARA J. HIGDON, by an instrument recorded
December 31, 1969 as File No. 236218 of Official Records. Affects as described
in said instrument.
Reference is hereby made to said Document for further particulars.
12. The Right and privilege to extend drainage structures and excavation and
embankment slopes beyond the limits of Road Survey No. 1800-1, where required
for construction and maintenance in favor of THE COUNTY OF SAN DIEGO, in
deed recorded January 14, 1970 as File No. 7225 of Official Records.
Affects Parcel 1 only.
13. An agreement dated March, 1971, by and between TITLE INSURANCE AND TRUST
COMPANY, a corporation, as Trustee for IRWIN J. KELLY and BARBARA JEAN
HIGDON, ET AL, disclosed by an instrument recorded September 17, 1971 as File
No. 211501 of Official Records.
Reference is hereby made to said Document for further particulars.
14. An easement for above and below ground public utilities and incidental purposes,
in favor of San Diego Gas and Electric Company, a corporation, as set forth in
deed recorded April 10, 1970 as File No. 62701 of Official Records. Affects as
described in said instrument.
Reference is hereby made to said Document for further particulars.
15. An easement for aerial and underground communication structures and incidental
purposes, as granted to the Pacific Telephone and Telegraph Company, in deed
recorded April 3, 1975 as File No. 75-075835 of Official Records. Affects as
described in said instrument.
Reference is hereby made to said Document for further particulars.
16. An easement for above and below ground public utilities and incidental purposes,
in favor of San Diego Gas and Electric Company, a corporation, as set forth in
deed recorded July 29, 1975 as File No. 75-197509 of Official Records. Affects
as described in said instrument.
Reference is hereby made to said Document for further particulars.
17. An easement and right of way to excavate for, install, place, lay, construct,
reconstruct, replace, repair, maintain and use at any time and from time to time
underground conduits, vaults, manholes, handholes and junction boxes together
with their necessary fixtures and appurtenances for the transmission and
distribution of electricity and for all other purposes connected therewith, and
also for pipeline(s) for the transmission and distribution of gas, together with all
necessary and proper fixtures and equipment for use in connection therewith, at
such locations and elevations, as may now or hereafter deem convenient and
necessary at any time and from time to time, together with the right to ingress
and egress therefrom by a practical route or routes in favor of San Diego Gas
and Electric Company, recorded July 29, 1975 as File No. 75-197553 of Official
Records. Affects as described in said instrument.
Reference is hereby made to said Document for further particulars.
18. An agreement dated April 24, 1978, by and between IRWIN J. KELLY AND
DOROTHY KELLY, TITLE INSURANCE AND TRUST COMPANY (San Diego Branch)
as Trustee for Irwin Kelly under Trust Number 4P-5493-00-3 and CARLSBAD
UNION CHURCH, disclosed by an instrument recorded May 9, 1978 as File No.
78-187851 of Official Records.
Reference is hereby made to said Document for further particulars.
19. The requirement that this company be provided with evidence that the herein
described property is a separate and distinct parcel of land in accordance with
current existing County of San Diego lot split ordinances.
20. Rights of parties in possession of said land by reason of unrecorded leases.
Please submit any such leases to this company for our examination.
NOTE: General and special County and City taxes, including personal property taxes:
Fiscal Year: 1983-84
Amounts for pro-ration purposes are:
Total: $46.00
First Installment: $23.00 PAID
Second Installment: $23.00 PAID
Code area 09013
Parcel No.: 09013
Land Valuation: $4,043.00
Improvements: $NONE
Personal Property: $NONE
Exemption: $NONE
NOTE: General and special County and City taxes, including personal property taxes:
Fiscal Year: 1983-84
Amounts for pro-ration purposes are:
Total: $5,825.72
First Installment: $2,912.86 PAID
Second Installment: $2,912.86 PAID
Code area 62006
Parcel No.: 212-050-29
Land Valuation: $458,291.00
Improvements: $63,845.00
Personal Property: $NONE
Exemption: $7,000.00
NOTE: General and special County and City taxes, including personal property taxes:
Fiscal Year: 1983-84
Amounts for pro-ration purposes are:
Total: $1,968.28
First Installment: $984.14 PAID
Second Installment: $984.14 PAID
Code area 62006
Parcel No.: 212-050-30
Land Valuation: $174,044.00
Improvements: $NONE
Personal Property: $NONE
Exemption: $NONE