HomeMy WebLinkAboutMS 516; HAASL; Minor Subdivision (MS)r/ ~
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C I TY OF CARLSBAD
APPLICATION FOR APPROVAL OF A TENTAT!VE PARCEL MAP
FOR A MINOR SUBIDIVISION OF LAND-(INTO 4 OR ~ESS PARCELS)
AS PROVIDED FOR IN CHAPTER 20.2Lt. OF THE
CARLSBAD MUNICIPAL CODE
FILING
FILING
TO THE CITY ENGINEER OF THE
CITY OF CARLSBAD:
MINOR SUBDIVISION NO. Msc>/6 -(for office use)---
DATE /.,2 -3)-J>O
I. Request is hereby made for approval of Tentative Parcel Map of Minor
Subdivision No. consisting of 5,000 SJt ft. gJR<}t~~ ~xhaving 1 lots, being a proposed sudivision of land for
property described as : ~
(Exact Legal Description)
See attached
generally located on the
side of Cove Drive
. Wame of St r.eet)
and
South
(North, South, East, West)
.~~~ westerly of Park Drive
(Name of Street)
(Name of Street)
ASSESSORS PARCEL NO. 207 150 24
Book Page Parcel
TYPE OF SUBDIVISION Residential-Condo
--~(=R-e-s~i~d-e-n-t~ia~l-,-C~~o-m-m-e-r-cial, Industrial)
Are the existing or proposed parcels or lots in this minor subdivision
subject to other discretionary approval (for example, a variance or con-
d i t i 0 na 1 use p e rrn it) ? Yes No _-..:.!x'--__ _
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PARCEL 1:
Being the Northerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in
the City of Carlsbad, County of San Diego, State of California, as shown
on Map No. 5162 recorded in the Office of the County Recorder of San
Diego County on-April 23, 1963, more particularly described as follows:
Beginning at a point Nhich is the intersection of the Southwesterly
line of Park Drive shown on the Map of said Shelter Cove and the South-
easterly line of said Lot 41; thence along the said Southeasterly line
South 43°51'33" West, 50.00 feet; thence at right anBles North 46°08'27"
West, 100.00 feet to the Southeasterly line of Cove Drive as shown on
said Map of Shelter Cove; thence along the last said Southeasterly line
North 43°51'33" East, 30.00 feet to the beginning of a tangent, 20.00
foot radius curve concave to the Southeast; thence along said curve through
a central angle of 90°00'00" a distance of 31.42 feet to the Southwesterlv
line of said Park Drive; thence continuing on a tangent to the said curve
and along the Southwesterly line of Park Drive, South 46°00'27" East, tiU.uu
feet to the POINT OF BEGINNING.
EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying
below a depth of 500 feet from the surface of said land, without however
the right of surface entry.
PARCE.L 2:
A non-exclusive easement and right of way for pedestrian and vehicular
ingress and egress, including the right to transport small watercraft,
over Lot 15 of that tract described in Map 5162; recorded in the Office
of County Recorder of San Diego County, California on April 23, 1963,
which casement is for the benefit of and appurtenant to the hereinabove
described Parcel 1 and, being appurtenant, shall run with the land.
PARCEL 3:
A non-exclusive easement and right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that tract described in Map No. 5162,_
recorded in the Office of County Recorder of San Diego County, California,
on April 23, 1963, ,"hich easement is for' the benefit of and appurtenant
to the hereinabove described Parcell and being appurtenant, shall run
with the land, and which easement is subject to such rules and regulations
for use as may be promulgated from time to time pursuant to the declaration
of restrictions and protective covenants more particularly described
below.
This easement shall terminate as to any wharfage area within Lot 74 as
soon-as construction of any wharfage facility is initiated therein.
Such wharfage area, to which reference is mnde in the previous sentence,
if anyone of those delineated in exhibit t:n" attached to and incorporated
in -the declaration of restrictions and protective covenants more specifically
described below.
j
PRESENT ZONE
We the undersigned state that we ar~ the
(I, We) ( I am ,e are)
~~ow~n~e=r~s~ ____ ~-,.-~ __ ~of the property described herein and hereby
(Owner, Owners) (Authorized Agent) .
give our authorization to the fil ing of this proposed tract
( My, Ou r)
map. We are
( 1 am, We are)
Title 20 (Subdivision
aware of and have had an opportunity tQ read
Ordinance) of the Carlsbad Muni~ipal Code.
Name Ralph J. Haasl
. (T~~~:~~ ~h9W~on Recorded Deed) Signature .
Name . Mary Ann Haasl
. (Typ~e or Pri?:Sj~o~non~!Orded Deed)
Signatqre ~~~~
Name
, ~'~(Typed or Printed as shown on Recorded Deed)
Signa tu re ----------------------------------------------~------------------
. Name
---,(~T~y-p-e-d.-o-I-~~P~r~i-n~t-e·d--a-s--s·h-o-w-n--o-n-.R~e-c-o--r·d-e~d~D-e-e-d~)~----------------------
Signature ________________________________________________________________ __
Name and Address of Subdivfder:
Ralph J. & Mary Ann Haasl
6411 Via de ia Reina, Bonsall, CA 92003 758-9342
Name, address and phone number of Engineer or Licensed Land Surveyor:
t-.l RCE 13817 ,. ... 0.
BRIAN SIvII'I'H ENGINEERS, INC.
2656 State Street, Carlsbad, CA 92008 Phone: 729-8981
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Engineering Department pro-
cessing. This time limit can only be extended by the mutual
concurrence of the applicant and the City. By accepting appli-
cations for Tentative Parcel 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 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 Parcel
Map until all prior necessary entitlements have been processed and
approved.
The undersigned understands that the processing time required by
t1.i.e City may exceed the time limits; therefore, the undersigned
agrees to extend the time limits for City Engineer 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.
J2t9LI'II J, H;1/9J'L-
Name (Print)
.. Idl-·..2/ -<fo
Date
.OWNE,2 -J> Et/EL() Pcl€
Relationship to Application
(Property Owner-Agent)
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GUARANTEE
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First American Title Insurance Company
114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 . (714) 558-3211
.J 126391 1341(11}68)
Form 1359 (4/75)
CL TA Subdivision
Guarantee Form No. 14
SUBDIVISION GUARANTEE
SUBDIVISION: PARCEL MAP ORDER NO. 811852-6
FEE $ 50.00
First American Title Insurance Company
a corporation,
GUARANTEES
The County of San Diego and any City within which said subdivision is
located in a sum not exceeding $1000.00.
That, according to those public records which, under the recording laws, impart constructive notice of matters
affecting the title to the land included within the exterior boundary shown on the map of the above referenced
subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the
requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering
for dedication any streets, roads, avenues and other easements offered for dedication by said map are:
RALPH J. HAASL AND MARY ANN HAASL, husband and wife, as record owners.
SAN DIEGO GAS & ELECTRIC COMPANY as holder of license recorded April 18, 1963 as
File No. 66929 and as holder of an easement recorded March 17, 1967 as File No.
36713, both of Official Records.
PACIFIC TELEPHONE & TELEGRAPH COMPANY as holder of an easement recorded July 19,
1963 as File No. 127076 of Official Records.
ANDREW S. HALL CO., a California corporation, as Trustee of Deed of Trust recorded
September 12, 1980 as File No. 80-294622 of Official Records.
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED LEGAL DESCRIPTION
Dated: December 12, 1980
First American Title Insurance Company
"
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PARCEL 1:
Being the Northerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in
the City of Carlsbad, County of San Diego, State of California, as shown
on Map No. 5162 recorded in the Office of the County Recorder of San
Diego County on·April 23, 1963, more particularly described as follows:
Beginning at a point which is the intersection of the Southwesterly
line of Park Drive shown on the ~AP of said Shelter Cove and the South-
easterly line of said Lot 41; thence along the said Southeasterly line
South 43°51'33" West, 50.00 feet; thence at right angles North 46.008'27"
West, 100.00 f.eet to the Southeasterly line of Cove Drive as shown on
said Map of Shelter Cove; thence along the last said Southeasterly line
North 43°51'33" East, 30.00 feet to the beginning of a tangent, 20.00
foot radius curve concave t~ the Southeast; thence along said curve through
a central angle of 90°00'00" a distance of 31.42 feet to the Southwesterly
line of said Park Drive; thence continuing on a tangent to the said curve
and along the Southwesterly line of Park Drive, South 46°00'27" East, 80.uu
feet to the POINT OF BEGINNING.
EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying
below a depth of 500 feet from the surface of said land, without however
the right of surface entry.
PARC.E.L 2:
A non-exclusive easement and right of way for pedestrian and vehicular
ingress and egress, including the right to transport small watercraft,
over Lot 15 of that tract described in Map 5162; recorded in the Office
of County Recorder of San Diego County, California on April 23, 1963,
which casement is for the benefit of and appurtenant to the hereinabove
described Parcel 1 and, being appurtenant, shall run with the land.
PARCEL 3:
A non-exclusive easement and right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that tract described in Map No. 5162,.
recorded in the Office of County Recorder of San Diego County, California,
on April 23, 1963, ,.,hj.ch easement is for'the benefit of and appurtenunt
to the hereinabove described Parcel I and being appurtenant, shall run
with the land, and which easement is subject to such rules and regulations
for use as may be promulgated from time to time pursuant to the declaration
of restrictions and protective covenants more particularly described
below.
This easement shall terminate as to any wharfage area within Lot 74 as
soon· as construction 0·£ any wharfage facility is initiated therein.
Such wharfage area, to which reference is made in the previous sentence,
if anyone of those delineated in exhibit I:n" attached to and incorporated
in ·the declaration of restrictions and protect;ve covenants ·more specifically
described below.
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First American Title Insurance· Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (714) 238-1776
Mr. & Mrs. Ralph J. Haasl
6411 Via de la Reina
Bonsall, California 92003
Attn: Mrs. Haasl
Your No.
Our Order No. 811852~6
Form of Policy Coverage Requested:
February 5, 1980
October 10, 1980 AMENDED
December 15, 1980 A.\1E"-IDE!)
In response to the above referenced application for a policy of title
insurance, this Company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy of Title Insurance
in the form specified above t 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
form.
This report (and any supplements or amendments thereto) 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 insu-
rance, a Binder or Commitment should be requested.
Dated as of ~ 12, 1980at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
RALPH J. HAASL AND MARY ANN HAASL,
husband and wife as joint tenants
The estate or interest in the land hereinafter described or referred to
covered by this Report is:
FEE AND EASEMENT
At the date hereof exceptions to coverage in addition to the printed-
exceptions and exclusions contained in said policy form would be as
follows: SEE PAGE TWO
SEE LEGAL ATTACHED
)1',
e PRELIMINARY REPORT CDNI'INllEO
P7\.r;E NO. 2
ORDER NO. 811852-6
1. General arrl Special taxes for the "fiscal year 19B()-8l, First
Install.Irent delinqu:mt.
2. Second Installrrent, General and Special taxes for the fiscal year
1980-81.
3. The recital contained on the Map of said land which agrees to allow
the crossarms of poles or similar structures placed along the right
of way of certain highways to hang over the abutting land.
4. The recital contained on the Map of said land relinquishing juris-
diction and control over all pipes, poles or other structures, or
work, trees and anything of whatever nature that may be upon,
across or over the highways offered for dedication.
5. A revocable license by and between San Diego Gas & Electric Com-
pany, a California corporation and Pirates' Cove, Inc., a Califor-
nia corporation affecting said land shown upon the conditions and
terms contained in an instrument recorded April 18, 1963 as File
No. 66929 of Official Records.
6. An easement for aerial and underground communication structures and
incidental purposes as granted to the Pacific Telephone and Tele-
graph Company, by deed recorded July 19, 1963 as File No. 127076 of
Official Records, over the Southwesterly 3 feet and the South-
westerly 70 feet of the Southeasterly 3 feet.
Reference is made to said instrument for further particulars.
7. An agreement to install a temporary disposal facility pending the
installation of a public sewer on the herein described property by
and between Pirates Cove Inc., and The Director of Public Health of
the County of San Diego, recorded November 5, 1964 as File No.
202190 of Official Records.
Reference is made to said instrument for further particulars.
d. Covenants, conditions and restrictions, but deleting restrictions,
if any, based on race, color, religion or national origin, in an
.. PRELIMINARY REPORT COJIPNUED
PAGE NO. 3
ORDER NO. 811852-6
9.
10.
instrument recorded August 5, 1966 as File No. 127577 of Official
Records.
Said instrument provides that a violation thereof shall not defeat
or render invalid the lien of any mortgage or deed of trust made
for value.
An easement for the transmission of electricity and incidental
purposes as granted to the San Diego Gas and Electric Company by
Deed recorded March 17, 1967 as File No. 36713 of Official Records,
over the Northeasterly 5.00 feet of said land.
Reference is made to said instrument for further particulars.
A Deed of Trust to secure an indebtedness of $175,000.00, recorded
September 12, 1980 as File No. 80-294622 of Official Records.
DATED: July 31, 1980
TRUSTOR: RALPH J. HAASL AND MARY ANN HAASL,
husband and wife
TRUSTEE: ANDREW S. HALL CO., a California
BENEFICIARY:
corporation
LAGUNA FEDERAL SAVINGS AND LOAN
ASSOCIATION, a corporation,
1980-81 TAX INFORMATION:
moE ARPA:
PARCEL NO.:
1ST INSTALI.MENT:
2ND INSTALI..MENT:
lAND V7\I1JE:
CDDE AREA:
PARCEL NO.:
1ST INSTAI:..I.l-1EN1':
'Jt..m -p..TC:'I1ll. T .r ,MJ<:f\?1" •
IA'ID VAI1JE:
NO'IE:
O<')Q_QQ_
c207-15O:~
$Il-g. -50 oor PAID, DELINJUENT
$119.50 NO!' PAID
$5,149.00
09000
207-15O-~5
$114.28 Nor PAID, DEL:rn:2UENT
~"~.'R hl~ n~Tn
$4,915.00
A Certificate of Cartp1iance affecting' this property was reoo:rdec1
December 9, 1980 as File No. 80-414321 of Official ~ecords.
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PARCEL 1:
Being the Northerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in
the City of Carlsbad, County _of San Diego, State of California, as shown
on Map No. 5162 recorded in the Office of the County Recorder of San
Diego County on-April 23, 1963, more particularly described as follows:
Beginning at a point '"hich is the intersection of the Southwesterly
-line of Park Drive shown on the Map of said Shelter Cove and the South-
easterly line of said Lot 41; thence along the said Southeasterly line
South 43°51'33" West, 50.00 feet; thence at right angles North 46.008'27"
West, 100.00 feet to the Southeasterly line of Cove Drive as shown on
said Map of Shelter Cove; thence along the last said Southeasterly line
North 43°51'33" East, 30.00 feet to the beginning of a tangent, 20.00
foot radius curve concave to the Southeast; thence along said curve through
a central angle of 90°00'00" a distance of 31.42 feet to the Southwesterly
line of said Park Drive; thence continuing on a tangent to the said curve
and along the Southwesterly line of Park Drive, South 46°00'27" East, ijU.uu
feet to the POINT OF BEGINNING.
EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying
below a depth of 500 feet from the surface of said land, without however
the right of surface entry.
PARCF.L 2:
A non-exclusive easement and right of way for pedestrian and vel~icular
ingress and egress, including the right to transport small watercraft,
over Lot 15 of that tract described in Map 5l62~ recorded in the Office
of County Recorder of San Diego County, California on April 23, 1963,
which casement is for the benefit of and appurtenant to the hereinabove
described Parcel I and, being appurtenant, shall run with the land.
PARCI::L 3:
A ncn-exclu~ive easement and right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that tract described in Map No. 5162,_
recorded in the Office of County Recorder of San Diego County, Californ~a,
on April 23g 1~63, ,.hieh easement is for· the benefit of and appurten ... nt
to the hereinabove described Parcel I and being appurtenant, shall run
with the land, and which easement is subject to such rules and regulations
for use as may be promulgated from time to time pursuant to the declaration
of restrictions and protective covenants more particularly described
below.
This easement shall terninate as to any wharfage area within Lot 74 as
soon-as construction of any wharfage facility is initiated therein.
Such wharfDge area, to which reference is made in the previous sentence,
if anyone of those delineated in exhibit "nil attached to and incorporated
in -the declaration of restrictions Dnd protective covenants more specifically
described below.
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crJt.v OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CAUFORNIA 92008 .
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(714) 438·5551
RECEIVEO FROM!..{."
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I " :S!."J~1., :. DATE .. --/ -, -.'
ADDRESS
A/C. NO. OESCRIPTION AMOUNT
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-'/-,/ <./
tY
~B78.q~ .,
.;§~~ ~/7~ ",'1.t F:;, :rot) "; ., ~V "f).... -;-..;-i .,
(f .\1 ..... 0 .~'. "'.:~\ ,<-') :<3') ~> ~ .;'."i. <;\" ~-? ~ :~ ~ 0 o~c; ..... s :~l\.
\m y>~'Q' G ~ ~')~ ,,-
t'\ :':.
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, . , ,'>. ~ ~\ _.92_. 'J. -......: :!.,.> .. .' .. -~:::::~~-:: ~ ,
TOTAL /'("7., --, .. '--?10~? J' ---" I--'" . ,~ tc.. .. ...!!.. '~J ... J t-._
. -_._._ ... -... _ .... --"'-... --.~. -~ .... ~ ... ~.~.,..-........ -... -.,,' .•. __ • ~ ~. _____ 'f _.r---_ --_,,_ 1-_-. ---~ , .. -. ~ -................
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...... ...........
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CITY OF CARLSBAD
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RECEIVED FROM .~ -//
t r ADDRESS
A/C. NO. AMOUNT
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______________ ~~~:~!--~-------r-,-'---.-(---!-·)-)--·-----·--~~---_(~: __ _+--~--_+----I
-----~~~.~.~/)~~~_':~_I.~~~;': '. If:l -I"'r~
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____________ -+~-'~~,I~.-.'---'-'~~;-/-~~/-·r.-.:-(~/~-,l-i~(~_' ______ ~.-_' __ +_----,~~~----I
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1 '. ',r-=" TOTAL. 1 l1i ~~
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CITY OF CARLSBAD
1200 ELM AVENUE • CAR LSBAD. CALI FORNI A 92008
729-1181
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RECEIVED FROM DATE Ji-:../
ADDRESS
A/C. NO. DESCRIPTION AMOUNT
I (/(//J 7_ -. ,;.-) :' I-t // 1./ ~ . -7 ' -/--/ . '-~., .J ;);, -:;:; t:~ '/ --
I 1....-: '-!', ',' j"',I,-[,.[/ .. 1;' / (.1/" " .t. / V'.(., -..,./Vv·
(/ ~./j / / -/ /"" , a ::L2--;V']
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v ~~l). -;:;
-, a OU&. (~~ ~) 'cg. ;' Os::! 1p ,t~ ~~ ':t ._,
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TOTAL ,:7<, -< .-----.. --:;--. -~~ l .. b ' .. ", ~ -'-"-, ';~ ~
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-,
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
•
QCitp of ~arI5bab
(Date)
JOINT USE DRIVEWAY AGREEMENT
It is mutually agreed upon by the adjoining property
owners that a joint driveway be constructed between
the properties located at ttt.o3 ~
_______ and £/kos-~~-
.i>
TELEPHONE
(714) 729·1i~1
A Owner .
by.'iJ7~-~XJ.@-~~l4:_./_. ? c.:c)_
(Address) 1./~h-t.-"".a:...L~ /:-.cc.._ ,/.zc <1..
/' .
:LL-~wner
~ S~
(Address)
• , I . ' , I ,'. , I l-I' ~ter f~cording return to:
~ .. t·.
;~ ty of. Carl sbll.d
1200 Elm AYe.
:arlsuad, CA 92008'
~ £\"11'\ \2 ;:' 0J1~ .,'
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AGimm·1EN1' BE'n'iEEH DE·vSI.OPER~0\'JI·lER
AND ~t'IlE CI'l'Y OF Cl\RLSI31\D FOR 'l'lm
·PAYMENT OF 1\ PUBLIC Fl',CILI'l'IES FEE
THIS AGREEHENT is.entered into this 31 of' ----,
.Ralph J._ &. Ma+'Y. Ann Haasl
.' . . .
"(name .of developer'-owne:r:)
a' , nusband a~d' wi'fe' ,hereinaft.'cr
etc~ )
referred to. as ------:--c:---. (Corporation, partn~rship~
,
6411, : '~'De\rcloperll, '\\Those address' is Via'q~ la ~eina~ Bonsall, CA_ 92003 ~
(street)---'-.' F'
_~ _______ f and frUE CITY OJ:'
Ci\.HL~B1'J,D 1 . a municipal corpora-i..:ion of the St:at.e of California,
hereinafter referred to as "City", who~e address is 1200 Elm
"-..
Avenue, Carlsbad~ California , ,92008.·
'.
vmEREAS T Developer is the ovmer of the real property described
on Exhibit· t'A \1 t attached here-to a.nd made a part of t.his agreement f
hen;~il1v.fter referred to as "Property "; and
. WHEI'.El\S f thc~ P).:-operty lies vli·thin the· boundaries 6£ ci t.y,
'ana
tviIEJlli7\S, Developer proposes 'a' development project. as £0110\'lS~.
, ,
_ . 'Developer 'proposes to c'onvert a")-unit apartment Ruilding, ____ _
under construction, into condominiums,
---..:..-...'-.-----------.---~---
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," on' said Proper'ty t which develC?pment carries ,the proposed name
of 'I'entat.i ve Parce'l Map
and 'is hereafter referred to as ¥ID.evelop'ment ";' and
:')' . > WHEREAS, Developer filed on the _.v/ ,~d.ar of 'JJeCt:Hl3c£' ,----------,
19 ~J, "'li th the, City' a request for. Tentative Parcel Map and
Condominium Permit'Appli~ation approva~.
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WHEREAS; the Public Facilities Element of the City GGneral
PIvn requires that' ~che City Council 'find tl~a,t all public
\ facili ties necessary to ser've.; a cievelopment \'7i1l hs, available
con,curreni.: vli th need or s~lch deve~op.ment shali not be approved .
, {said elcm8nt is on file v7it:b t,he Clerk and is incorporated
by "chis reference; and ' .
'WI-mHEll,S r Developer ano. City recognize' the ,co:cr8ctness 'of
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'Council Policy ,No. 17 f do. te~ August 29, 1979 ~ on fl1 e vii th th,e ~"ity Cl el~k and
·incorporated by this refe\~ences" and that. the Ci'tyl's public faci-lities' and services
are at capacity and \ViII not be available to accommodate th'e
adcliJcional nc(:!c1 for public facilities and services 'resulting'
from -the proposed Development, arid . .. '.
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ltn-lEREl\.S T Developer, h2.s as}:e~ the City t.o find that public
facilities and services "7il'l be available to meet the future
n~eds of the Developmcn~.as it is presently proposed; but the
Developer is avl&re that th8 city cannot. and "li11 not' be able, to
l1illk0 any such finding \vi thout, fin.:tncial assistance to pay for
touch services and faeili tic!.:; i und, therefore, Developer proposes •
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.:" to help sat.isfy the General Plan as implemented by Council Policy
NOe 17. by payment of a public facilities fcc.
" NOVi, 'l'HEHEFORE I in consic1era tion of the recitals and the
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covenants contained herein, the parties agree as follows:
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1 .. The Developer shall pay to the City .a public fa'cili ties
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fee in an amount not to exceed 2% of the build~ng permit valuation
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of the buildings' or sJc.ructures to be constructed. in the Development
prirsuant.to the Request. The fee shall be paid prior to the ..
issuance of building or other construction 'pe:r-mits for the develop-
.ment and shall be, based on the valuation at that tim~. This fee
shall pe in addition to any fees f dedicatio'ns or improvemen'ts
required pu~suant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall,be ~i~en for land which has
~ been dedicated fqr park purposes or for any fe8s paid in lieu
>.' ther80f pursuant to Chapter 20.44 of t.ne' Carlsbad Hunicip'al Code ~ . . -.
:"peve19per shal~ pay a fee ~oi conv~rsion of existing buildings oi .
struc·tures into condominiums in an amoun·t ,110t to exceed '2% of the
, building permit ~a1uafion at the time of conversion. The fee ~or a
cOJ1dominiunl conve):sion shall be paid prior t.o the issuance of' a
condominium conversion permlt.· as provided in 'Chapter 21.47'0£ the
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·carlsbad M~nicipal'Code. Condominiun1 shall include communi t.y •
apartmept or stock cooperat.i ve ~ 'Ehe terms lIother construction
permitsU, lI o ther construction permit" and "entitlement for use" as
used in this agreement r except in reference to mobilcholne si'tes or
'projects, sh<111 not .refer to grnding permits or other permits for
:the construction of underground or street improvements. 'unless no . " othc)~ permit is necessary pr:t.or to' the usc' or occtlp;:.mcy for "lhich
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the development is intended, "Developer shall pay to City a public
faciliti.es fee in the sum of $1,150 for 'e~bh mobilehome space ·to be
constructed pursuant to the Request', The fee shall be paid prior-
to the issuance of b:uilding or other constrllCti~n permits for <the
developmcn't. This fee shClll be in add'i tion to any fe?s r dedicatioIl~'
, or improvements required according to rrit.l~s 18, 20 or 21 of " the
qarlsbad Municip~l Code. ·A credit toward such fee'~~all be giveri"
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for land 'I17hich has been dedica:ted for park. purposes or for any fees
paid in lieu.thereof pursuant to Chapter 2b.44 of the Carlsbad
Municipal Code.
-,2. '1'he Developer may offer to donate a site or sites for
'·public facilj~ties in lieu of ali or par'l: of the financial obligat'ion
':agreed upon in Paragraph 1 above. If Ueveloper offers,tu
. donat.e a site or sit.e.::: for pu1;>lic facilities r the , City shflll
'considerl but is not o'bligat.ed t.o accept. ·the offer .. . '.
The time.for
don,ation a'n(} a!TIount of credit ?gainst. the f~e shall be determined
by City prior to the issuance of any h.uilding or other permits.
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,'Such det~rminatiop{ when made, shall become a part. of this agree~
ment. Sites donated under th~s parairaph shall not include i~prove~ents
. required pursuant to Titles 18 or 20 of the Carlsbad Municipal ..
r;odc. '
3'0 This ~greemcn t and the fee paid' pursuant hereto are
~eguired to,ensure.t.hti consist.ency ~f the De~6lopment with ,the
City's General Plan. If the fee is not paid as provided herein,
.. the City \"ill not have t.he funds to pr~vide pub,lie faeili t.ies und .
I;C1.~V:i.ccs I and the Development '..;ill not be r;ol1nisten t Hi \:h the
Genc)~(ll Plan (lnc1 any [lpp):,oval or permi t :(O)~ t~he Development :::;hall
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be void. No building or other construction permit or entitlcmerit
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for'use shall be issued ~nti1 'the public facilities fee reguirbd by
this agreement is paid.
40 City a~re~s to deposit the fees ~aid pursu~nt to this
agr6ement in a public facilities fund ~or'the fjnanci~g of public
fadS_Ii ties \'lhcn the ,City Council determiiw5 the need exists to
~rovide the facilities and sufficient funds from th~ payment of
this and similar public facilities fees ar,e ayailable.
5" Ci~y ~gree;:.; to' provide upon req",iest reasonable assurances
to enable Developer to cornply ,\>li th any recJ1.liremellts of other i)ublic . . .
. ag~ncies as evidence of.adequat& public'f~ci1ities and services
puffic:i;enJc to accommodate the needs of the Deve10pmeDt herein
.. described.
'6 <> li.ll obligatio:(!s hereund,er shall h~J.:-min,ate in t.he event
the ~~eq'uests made by Developer are not approyed .
. -70 Any notice fro~n .one party t·9 the other shall be in
, \v:ci ti~1g'l . and shall be dated and signed by the party giving such
, .' . 110t:~ce or' by a duly 'authorized rep:cesen'tati:ve of such party. Any
such notice,shall not be df£ec~~ve for 0n~·pur~ose whatsoever'
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" unless served in one of the following marll~ers,: :
701 If notice is given to the City by personal delivery
. , , " t.hereof to the City or by depositing same .,in the Uni'ted States
Mail, addressed to the City at·the address set forth-herein l , . ,
6ncl05ed in a sealed envelope, addressed to the City for attention
. ' ,of the City nann'ger (' postage prepaid and certif'ied .
• "/.2 If notice is given t.o De~Telope): by pen:~ollal dcl:i.vcry
thereof t.o Dev<?lopc)~ or. by depo!'.:! tir19 Uic· same in the Uni ted Stu teD
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Mail, enclosed in a sealed envelope, addressed to Developer at the
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addrcss as may have been designated, postage prepaid and certified . . .
. .8. This agreement shall be binding upon and shall inure to
the benefit.?f, and sha~l apply to, the respective successors arid
ass?_gns of Developer. and the City f and references to Developer .....
or City.herein shall be deemed to be refererlCc to and include their:
~7.srecti ve succ~s~ors and assigns' v.1 i thout sp'ecific n1ention .of such
successors ·and assigns. If Developer should cease to have any
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interes·t ·in the Property t' 'all obligat.ions of .. Developer hereunder
shall terminate i providec1 r hOivever I that an;/" successor of Develop.e:c t s
. interest in the Property shall h.ave first assumed ~n Hri ting ~che
. Developer's'ob~igations hereunder.
g~ This ~gre~ment sh.all be recorded but shall not create
;;:t lien or security interest on the Proper·ty ~ 1'1hen 1:11.e obligations
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of .. this ~greement b.ave been satisfiea, City' sbali record a release .
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r II STATE OF CALIFORNIA, " ~ ( II COUNTY OF S 6 r, IV I <.2. 6 0 ~ ss.
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~1 , ON Dec e.. m.. b <l: 'to .3 t. , 19 S' 0 ,
before me, the undersigned, '(1" Notary Public in and fpr said State, personally appeared R~lnJ\. :J_ HQ..6.st ~,,-d
1'1 i:...). Y 1+ h l'\. 1-1 b<;;'S {
_________________________ " known to me,
10A'Q¥ 0 a •• on •• i • ' a • : : to be the person2. whose name~ 0. Y's:£ subscribed to the within Instrument,
"'!!ElI... -IlACIAI_~ltl..l. ·~·=At:mm.1<Ira!W;aClknowleMed to me that -t he1-executed the same . .........
NOrMY 1ItaIC· CAIJFORNJA 1M DIEGO COUNTY
0DIftII\1I.IDR ..... Nav.12, 1882
WITNESS my hand and official seal.
~ e. J~
Notary Pub fie in and for said State.
AcKNO~L~DGMENT~~er_;;j-w~;;tts ~~rm 233-Rev. 3-64 A SU~SI DIA~~O-;;::':;';R~ CA~T A:;:;~~E'RY-PR"'o-~;;-~T; ~~-R~~ ~~======~=====-~
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IN WITNESS WHEREOF, this agreement is executed in San 'Diego,
" County, California as of the date. first writterr above.
DEVELOPER-OI1?\lEH:
Ralpr} J. Haasl
Nary' Ann HaasI'
Waine)
CITY OF CARLSBl\D, a municipal .
corporation of the State of CaliforniCl
rd~-'
.Owper-Develoj?er .
" By ____ __=_
. Ci ti l'vlanager
1~.'.itle)
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A~'TES'.r : ..
APPROVED AS TO J?OfU'1.:
f{;CION'I: F. mONDO, " ty l\ttorney
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(Notarial acknowledgement o~ execution by DEVELOPER-OWNER must
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EXHIBIT "A"
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LEGAL DESCRIPTION
PARCEL 1:
Being the Northerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in
the City of Carlsbad, County of San Diego, ~tate of California, as shown
on Map No. 5162 recorded in the Office of the County Recorder of San
Diego County on'April 23, 1963, more particularly described as follows:
Beginning at a point Nhich is the intersection of the Southwesterly
line of Park Drive shown on the ~~p of said Shelter Cove and the South-
easterly line of said Lot 41; thence along the said Southeasterly line
South 43.051'33" West, 50.00 feet; thence at right angles North 46.008'27"
West, 100.00 feet to the Southeasterly line of Cove Drive as shown on
said Map of Shelter Cove; thence along the last said Southeasterly line
North 43°51'33" East, 30.00 feet to the beginning of a tangent, 20.00
foot radius curve concave to the Southeast; thence along said curve throup,h
a central angle of 90.000'00" a distance of 31.42 feet to the Southwesterly
line of said Park Drive; thence continuing on a tangent to the said curve
and along the Southwesterly line of Park Drive, South 46.000'27" East, ~u.uu
feet to the POINT OF BEGINNING.
EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying
below a depth of 500 feet from the surface of said land, without however
the right of surface entry.
PA..T{CE.L 2:
A non-exclusive easement and right of way for pedestrian and vehicular
ingress and egress, including the right to transport small watercraft,
over Lot 15 of that tract described in Map 5162; recorded in the' Office
of County Recorder of San Diego County, California on April 23, 1963,
which casement is for the benefit of and appurtenant to the hereinabove
described Parcel 1 and, being appurtenant, shall run with the land.
PARCEL 3:
A non-exclusive easement and right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that tract described in Map No. 5162,.
recorded in the Office of County Recorder of San Diego County, California,
on April 23, 1963, which easement is for" the benefit of and appurtenant
to the hereinabove described Parcell and being appurtenant, shall run
with the land, and which easement is subject to such rules and regulations
for use as may be promulgated from time to time pursuant to the declaration
of restrictions and protective covenants more particularly described
below.
This easement shall terminate as to any wharfage area within Lot 74 as
soon as construction of any wharfage facility is initiated therein.
Such wharfage .area, to which reference is made in the previous sentence,
if anyone of those delineated in exhibit v:n" attached to and incorporated
in ·the declaration of restrictions and protective covenants more specifically
described below.
J.N. 5146-1
12-29-80
207-150-24