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HomeMy WebLinkAboutMS 92-09; BOYCE MINOR SUBDIVISION; Minor Subdivision (MS)J '4> I i/ 'iF ---:----~ ••. _ r' ----:---::QTY:;:':-:::O::-:r CARL.S:-:-:-:-::-:-BAD-=---~e·, ~~----'----- LAND USE REVIEW APPUCATION -roR PAGE 1 Or 2 1) APPUCATIONS APPUED FOR: (CHECK BOXES) 0 Master plan 0 Specific Plan (FOR DEPT USE ONLY) 0 0 General Plan Amendment Local Coastal Plan Amendment 'F'JR :::?7 :;S<:: 0:-;;" Y: I~' Precise Development Plan ,0 Site Development Plan Tentative ;racr :.-:ap 0 Zone Change i 1[] ?!anned Development PenT'ir 0 Conditional Cse Permit 0 ~on-Residential Planned Development I K Hillsid~ Development Permit tf7---/~ 0 ConcionUrllurn'PerrrUt ~ Environmental Impact Assessment 0 Special Use PerrrUt 0 Variance 0 Redevelopment PerrrUt 0 Planned Industrial Permit ,¥. Tentative Parcel Map m sq~-q 0 Coastal Development PerrrUt 0 Administrative Variance 0 Planning Commission Determination 0 List any ocher applications not specificed 2) LOCATION OF PROJECT: ON TIiE I EAST I SIDE OF I ADAMS f (NORTIi. SOllTIi EAST. WES1) (NAME or STREE1) BE1WEEN I HOOVER I AND I HIGHLAND I (NAME or STREE1) (NAME OF STREE1) 3) BRIEF LEGAL DESCRIPTION: -..J I PORTION OF LOT 4 B'LOCK C M~P ?1 C;? _ 4) ASSESSOR PARCEL NO(S). I 206-180-32 I S) LOCAL FACIUTIES I 1 16) E..X1STING GENERAL PIAN I RLM 17) PROPOSED GENERAL PL4.N I SAM~ MANAGEMENT ZONE DESIGNATION DESIGNATION I I R-1-15 19) PROPOSED ZONING ' I SAME 110) GROSS SITE 11.16\ 8) E..XISTING ZONING ( ACREAGE 11) PROPOSED NUMBER OF ~ 12) PROPOSED NUMBER ~ 13) TIPE OF SUBDMSION I RES ·1 RESIDENTIAL UNITS OF LOTS (R£SIDENTlAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I. 0 I 'l 15) PROPOSED INDUSTRIAL I N/A 116) PROPOSED COMMERCIAL 1 N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE i I : , ! , , , i I I ! I , I I I I I NO'rn: A PRDPOSIID PROJECT REQUIRING niAT MUL'l'IPtK AP'PUCA11ONS BE FILI!D I&USt' BR SUBMITl'ED PRlOR. TO 3:.30 P.M. A PROPOSm PRaJEC1' REQUIl1.ING niAT ONLY ONE APPUCAnON Be PU.I!D t.IIUST BE SUBMJ.TIED PRIOR. TO 4:00 p~ FRMOOO168/90 I CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJECT [N OPEN SPACE o 18) PROPOSED SEWER l:SAqE [N EQUIVALENT DWELLING L'N[TS 19) PROPOSED INCREASE [N AVERAGE DAlLY TRAFFIC 20) PROJECf :--IAlv1E: BOYCE MINOR SUBDIVISION 21) BRIEF DESCR[PTION OF PROJECT: TENTATIVE PARCEL MAP TO SUBDIVIDE 1.16 I ACRES INTO ~ PARCELS. NQ DE2~LQ£MEN:I: PROPOSED 22) [N mE PROCESS OF [S AP UCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PL-WN[NG COMMI 0 N RE EW 30ARD MEMBERS. OR CITY COUNCIL MEMBERS TO [NSPECT fu~D ENTER mE PROP TY SU cr OF miS APPLICATION. [/WE CONSENT TO ENTRY FOR mls PL'~OSE __ ~~~~~~LZ~~~ ____ _ 23) OWNER 24) APPLICANT ~---------------.---~~~-------------------~------------------------~---------------NAME (PAlNT OR TYPE) NAME (PAlm OR TYPE) JOHN E. BOYCE JOHN E. BOYCE MAILING ADDRESS MAILING ADDRESS 9255 E. IMPERIAL HWY. 9255 E. IMPERIAL HWY. CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP DOWNEY, CA 90241 (213)862-7955 DOWNEY, CA 90241 , ( CERTIFY THAT ( AM -mE LEGAL OWNER's REPRESENT.~11YE AND I TIiAT ALL -mE ABOVE (NFORMATION (S 11!UE AND CORRECf TO -mE ~'"DAtE / ./}.,-') '-Y '"' I. ~ ·11 BEST OF MY KNOWUDGE. & * .... ** .... *'*'*.*'* ........ '* ...... * •• * •• * ... * •• **** .. *.* ..... * ...... ~ ..... ***.*-& ... **** .... ****** ......... *** .... **.*** .... ** ........ *** ................... ~ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE ftEQUlRED RECEIVED BY: 7 i ( TOTAL FEE REQUIRED bATE FEE PAlO RECEIPT NO. ·e • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: BOYCE MINOR SUBDIVISION APPLICANT NAME: JOHN· E. BOYCE Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any. background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Tentative parcel map for the subdivision of 1.16 acres into ·~~parcels. The project is located adjacent to and due east of the intersect on Adams and Hoover str~ets .. The prqject site contains natural slopes of up to and exceeding 40% primarily sloping west toward Adams Street. Minimal grading is proposed. I The project site is vacant land with no sensitive ot endangered plant or animal life existing. The area surrounding the project area has predominately residential single family uses with occassional vacant parcels intermixed. Rev.4IV' NOV 2 3 1992 erN OF CAf;;UJ3St.t,D ~lAfN1~~H~a D~PT. ProjD.te. frm • Cit}' of Carlsbad _ U if' I iii i, if' .24. GiJ i ii f41 i. DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE, (Please Print) The following information must be disclosed: 1, Applicant List the names and addresses of a" persons having a financial interest in the application, JOHN E. fk)YCE RoBERT Ai BovCE . 'ENNYLEE Ai GOLIGH .LkKER i 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. SAME AS ABOVE IN SECTION] 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of a" individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of th$ non-profit or9,.anization or as trustee or ben'eficlary of the trust. \' • o a " . FRM 13 4/91 Page 1 of 2 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 43.8-1161 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes _ No.xx... If yes, please indicate person(s) _________________ _ Person is defined al: 'Any individual, firm, copartnership. joint venture. association. social club. fraternal organization. corporation. estate. trust. ~r. syndicate. this and any other county, city and county, city municipality, district or other political subdivision. or any other group or combination acting .. a unit.' (NOTE: Attach additional pages as necessary.) , IOHN E I BovCE Print or type name of owner FRM 13 4/91 , IOHN E, BOYCE Print or type name of applicant RECEIVED NOV 2 3 1992 en"" Of Cffi',,!R\LS2AD ~Vi.B\!!Nn~~G DE~~"'G Page 2 of 2 o UNION LAND TITLE COMPANY 444 WEST BEECH STREET, SAN DIEGO, CA. 92101 AMENDED PRELIMINARY PARCEL MAP REPORT RESOURCE DEVELOPMENT 523 ENCINITAS BLVD. #204 ENCINITAS, CA AnN: CHET E. JOHNSTON YOUR NO.: 92-011K OUR NO.: 77485-02 ,e'en 92 --I (P Hop THIS REPORT IS PROVIDED FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO, AND/OR THE CITY IN WHICH THE SUBDIVISION IS LOCATED, THE SUBDIVIDER AND THE SUBDIVIDER'S REGISTERED CIVIL ENGINEER OR LICENSED LAND SURVEYOR. A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH, UNDER THE RECbRDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO TH~ LAND INCLUDED WITHI~ THE EXTERIOR BOUNDARY SHOWN ON A MAP OF THE ABOVE REFERENCED SUBDiVisION RECEIVED BY UNION LAND TITLE COMPANY, HEREIN CALLED THE COMPANY, DISCLOSES THAT, AT THE DATE . HEREOF, 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 MAP OF SAID SUBDIVISION TO BE FILED WITH THE COUNTY RECORDER OF SAID COUNTY ARE SET FORTH IN SCHEDULE A. THIS REPORT IS FURNISHED AS AN ACCOMMODATION, FOR THE SOLE PURPOSE OF PRELIMINARY PLANNING AND FACILITATING THE COMPLIANCE WITH REQUIREMENTS NECESSARY FOR THE ISSUANCE OF THE SUBDIVISION GUARANTEE. IT IS UNDERSTOOD THAT THE COMPANY'S LIABILITY IS SOLELY THAT EXPRESSED IN SUCH GUARANTEE, AND THAT NO LIABILITY SEPARATE FROM OR OTHER THAN THE COMPANY'S LIABILITY UNDER SAID GUARANTEE IS ASSUMED BY THIS REPORT, EXCEPT THAT IF NO GUARANTEE IS ISSUED UNDER THIS ORDER THE AMOUNT PAID FOR THIS REPORT SHALL BE THE MAXIMUM LIABILITY OF THE COMPANY. DATED AS OF NOVEMBER 24,1992 AT 7:30 A.M. ROBERT R. MOHLERrrlTLE OFFICER TELEPHONE (619)233-1400 EXT.126 OR 127 .. '. ORDER NO. 77485-02 PRELIMINARY REPORT SCHEDULE A ,e 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: , )" A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE HEIRS OR DEVISEES OF IDA E. BOYCE, DECEASED, SUBJECT TO THE ADMINISTRATION OF THE ESTATE OF SAID DECEDENT, AS TO 1/2 INTEREST; JOHN E, BOYCE, ROBERT A. BOYCE AND JENNYLEE GOUGH, EACH AS TO A ONE-THIRD (1/3) INTEREST, AS TO THE REMAINDER. , . " ORDER No. 77485-02 PRELIMINARY REPORT SCHEDULE B • 04/92 ON 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 C0UNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1992-93, INCLUDING PER~ONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $251.98 PAID SECOND ,INSTALLMENT: $251.98 PAID LAND: $39,974.00 IMPROVEMENTS: $0.00 EXEMPT: $0.00 CODE AREA: 09000 I PARCEL NO.: 206-180-32 2. THE LIEN OF SUPPLI;:MENTAL TAXES, IF ANY, ASSESSED F,JURSUANT TO THE PRPVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OFTHE REVENUE AND TAXATION CODE OFTHE STATE OF CALIFORNIA 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. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, IN FAVOR OF: ;" WM. C. KERCKHOFF' COMPANY, A CORPORATION FOR: lELt::PHONE AND/OR ELECTRIC POLES AND LINES, AND FOR SEWER, WATER , AND/OR GAS MAINS AND PIP'E LINES ' RECORDED: MARCH 25, 1944 IN BOOK 1646" PAGE 234 OF OFFICIAL RECORDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: APRIL 20,1966 BY AND BETWEEN: ELMER E. AND IDA E. BOYCE, AND DIRECTOR OF PUBLIC HEALTH OF THE COUNTY OF SAN DIEGO REGARDING: AGREEMENT RESPECTING CONNECTION TO SANITARY SEWER SYSTEM AND TEMPORARY DISPOSAL SYSTEM RECORDED: APRIL 27,1966 AS FILE NO. 70952 OF OFFICIAL RECORDS I 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MAY 20, 1966 BY AND BETWEEN: CITY OF CARLSBAD, AND ELMER EDWARD eOYCE REGARDING: TO SPLIT CERTAIN REAL PROPERTY ' RECORDED: JUNE 27,1966 AS FILE NO. 104878 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 1 .. " ORDER NO. 77485-02 PRELIMINARY REPORT SCHEDULE 8 CONTINUED • 7. PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, THIS COMPANY WILL REQUIRE: A. A CERTIFIED COpy OF THE COURT ORDER APPROVING THE SALE OR ENCUMBRANCE OF THE HEREIN DESCRIBED PROPERTY OR THE FOLLOWING: B. 1. A COPY OF THE NOTICE OF PROPOSED ACTION AND A CERTIFIED COpy OF PROPER L~~RS TESTAf\1,ENTARY; 2. A LEGAL OPINION FROM THE ATTORNEY REPRESENTING THE ESTATE, ACCEPTABLE TO UNION LAND, S1ATING THAT ALL NECEgSARX PARJIES HAVE BEEN NOTIFIED OF THE PROPOSED ACTION, AND 3. A LETTER FROM THE ATTORNEY REPRESI;:NTING THE ESTATE, PRIOR TO CLOSE OF ESCROW, STATING THAT NO OBJECTIONS TO THE PROPOSED ACTION HAVE BEEN REGISTERED WITH THE COURT, THE EXECUTOR OR ADMINISTRATOR, OR HIMSELF/HERSELF. 8. MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT ARE LIENS AGAINST A SIMILAR NAME. THE NECESSARY EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM JOHN E. BOYCE. 9. THE COMMUNITY INTEREST, IF ANY, OF THE SPOUSES OF THE VESTEE HEREIN SHOWN. NOTE: THE REQUIREMENT THAT THE FOLLOWING LANGUAGE BE INCLUDED IN THE BODY OF ANY INTERSPOUSAL TRANSFER DEED OR QUITCLAIM DEED: ''THE GRANTOR IS EXECUTING THIS INSTRUMENT FOR THE PURPOSE OF RELINQUISHING ALL OF GRANTOR'S RIGHTS, TITLE AND INTEREST, INCLUDIN.G, BUT NOT LIMITED TO, ANY COMMUNITY PROPERTY INTEREST IN AND TO TH~ LAND DESCRIBED HEREIN AND PLACING TITLE IN THE NAME OF THE GRANTEE AS HIS/HER SEPARATE PROPERTY." 2 . . " ORDER NO. 77485-02 SCHEDULE C I THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THAT CERTAIN PORTION OF LOT 41N BLOCK C OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4, SOUTH 73°21' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 73°21' WEST 195.50 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4, NORTH 26°09' WEST 160.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 465.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 56.60 FEET THROUGH A CENTRAL ANGLE OF 6°58'25" TO THE MOST WESTERLY CORNER OF LOT 4; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 4, NORTH 26°11' EAST 110.30 FEET MORE OR LESS TO INTERSECT A LINE PARALLEL WITH AND I DISTANT 20.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, 'FROM THE NORTHEASTERLY , LINE OF SAID LOT 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 63°49' EAST 216.60 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS PARALLEL WITH AND QISTANT 10.00 FEET W~STERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAiD LOT 4; THENCE ALONG SAID PARALLEL LINE. SOUTH 16°39' EAST 143.67 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING . '. NOTE: SECTION 12413.1, CALIFORNIA INSURANCE CODE, COMMONLY KNOWN AS ASSEMBLY BILL 512, BECAME EFFECTIVE JANUARY 1,1990. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUBESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S ESCROW AND/OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. SOME METHODS OF FUNDING MAY SUBJECT FUNDS TO A HOLDING PERIOD WHICH MUST EXPIRE BEFORE ANY FUNDS MAY BE DISBURSED. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, , CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY'AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IN ORDER TO AVOID ANY SUCH DELAYS, FUNDINGS CAN BE DONE THROUGH WIRE TRANSFER. ' ,. , WIRED FUNDINGS TO UNION LAND TITLE COMPANY, SAN DIEGO OFFICE SHALL BE DIRECTED AS FOLLOWS: FIRST LOS ANGELES BANK 4685 MacARTHUR COURT NEWPORT BEACH, CA 92660 714-752-2297 ACCOUNT NAME: UNION' LAND TITLE TRUST ACCOUNT ABA NO. 122233263 ACCOUNT NO. 676-015809 TITLE ORDER REFERENCE NO.: __ . , NOTE: CALIFORNIA STATE SENATE BILL NO. 2319, EFFECTIVE JANUARY 1, 1991, REQUIRES THAT THE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE, WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS, WITHHOLD 3 1/3% OF THE TOTAL SALES PRICE AS' CALIFORNIA STATE INcoME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. (REV. 07/22/92) • • UNION LAND TITLE COMPANY 444 WEST BEECH STREET, SAN DIEGO, CA. 92101 1 AMENDED PPMR & 0 CC&R COPIES SENT TO: JOHN E. BOYCE 9255 EAST IMPERIAL HWY DOWNEY,' CA 92041 YOUR REF: BOYCE OUR NO.: 77485-02 I" .' • . !@ -I: Ij 1° @) a \" .. ~ Ii .~ ";! ,~ _ .. 1"'" I! il ii . " .. \ , 1~ " @ ,., ..... <. ',I' ~. ",.\ .. ,,6 "W' I':":, '. ; . N ~ \ I -t) / ........ - • EXHIBIT A • RICAN LAND TITLE ASSOCIATION lOAN POLJ'CY WITH ALTA ENDORSEMENT -FORM 1 COVERAGE - SCHEDULE OF EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from the coverage of this policy; 1. (a) Governmental~police power; (b) Any law, ordinance or governmental regulation rel"tillg to environmental protection; (c) An)" law, ordinance or governmentdl regulation (including but not limited t6 bUilding or zoning ordinances) restricting or regul;:ting or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any impro\'ement now or hereafter erected on Ihe land, or p,ohibiling a separation in ownership or a change in the dimension5 or af(?a of the lanu or allY IMtr el of which the land is or was a part; (d) The effect of any violation of the malters excluded under (a), (b) or (c) above, unless nOlice of a defect, lien or encumbrdnce rcsullin/I from ~l violation h41S been recorded at D(lte or Policy in those r(,cords in whlth under st.lte statutes deeds, mortgages, judgmenl liens or lis pendens must be recorded in ortil'r 10 'impart constructive nolice to purchasers of the land for value and wilhout knowledge. 2. RighlS of eminent domain unless notice of the e<efcise of such rights appears in Ihe public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other mauers (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to Ihe Company and not shown by the puhlic recards but knowri 10 the insured claimant either at Date of Policy or allhe dale such claimanl acquired a/1 e't"le or interest irbured by this policy or acquired the insured mortgage and not disclosed in wriling by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insurpd (1"in1l11an\, (dl att~ching or creat('d subsequent to D,lfe of Policy (except to the extent insurance i~ afforded herein as to any ,Iatutory lien for labor or [naterial or the extent insuranct' is "ff(lfded herein a~ to a'5essments for ,treet improve",('nts under construction or coimplelcd at 0.11(' of Policy). 4. Un<?nforceabilily of the lien of the insured mortg~ge bl'cause of failure of the insured at date oj policy or of any subsequent owner of Ihe indebtedne,s to comply wilh applicable "doing business" laws of the st,lte in which the 1,II1d is situated. AMERiCAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition 10 the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police poI\'Cr, and the existence or violalion of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use . • improvements on the land • land division • environmental protection _ This exclusion does nol apply to viola lions or the enforcement of these matters which appear in the public records at policy date. This exclusion does not Ii mil the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The righl to take the land by condemning it, unless: • a notice of exercising the righl appears in the public records on Ihe Policy Date , • Ihe taking happened prior to Ihe Policy Dale and is binding on you if you bought the land withoUI knowledge of the taking 3. Title Risks: • that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records that result in no loss to you thai first affect your title afler the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Govered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or . • in slreets, alleys, or waterways that touch your land. This exclusion does nol limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of Ihis polity and the Company will nOI pay loss or damage, cosls, attorney's fees or expenses which Mise by reason of: 1. (al Any law, ordinance 0' governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occup.lncy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) envi'onmental prorection, or the effect of any violation of these laws, ordinances or governmental regula'tions, except to the extent thai a notke of the enforcement thereof or a notice of a defed, lien or encumbrance resulting from a violation or alleged violation affeding the land has been recorded in Ihe public records at D"te of Policy. " , ' (b) Any governmental police poIver not excluded by (a) above, except to the extent that a notice of the exerci5e thereof or a notice of a defect, lien or encumbrance resulting from ~ vioiation, or alleged violation affeding IhE' land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of Ihe exercise theri'of hds been recorded in the pUblic records at Date of Policy, but not e~cludfng from coverage any laking which has occurred prior to Date of Policy which would be binding on the righls of a purchaser for value without knowledge. 3. Defects, lien" encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by Ihe insured claimant: . (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and n"t disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid va!ue for Ihe estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the c(M~rage of this policy and the-Company will not pay loss or damage, costs, attorney's fees or expE'nses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not IimiteO to tJuilding and zoning laws, ordinances, or regulations) restricting. prohibiting~or relating to (i) Ihe occupancy, use, or enjoyment of the land; (ii) the chararter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separalion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmenlal protection, or the effed of any violation of these law" ordinances or governmental regulations, except to the extent that a notice of IhE.' enforcement thereof or a notice of a defect, lien or encumbrance resulting from a viola lion Of alleged violation a((eding the land has been recorded in the public records at Date o Policy. (b) Any governmental police power nOI excluded by (a) above, except to the exlent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resuiting from a violation, or alleged violation affecting the land has been recorded in Ihe public record, at Dale of Policy.. ' 2. Rights of eminent domain unless notice of thc exercise thereof has been recorded in til(' public records al Date of Policy, but not excluding from coverage any taking which h,,, occurred prior to Date of Policy which would be binding on tl1<' rights of a purchaspr for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other maffers: ~EV. 1/31/92 PP-S-91 (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the pUblic records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (e) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if Ihe insured claimant had paid value for the estate or inlerest imured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing busine" laws of the slate in which Ihe land is situated., 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arisE's out of the transaction evidenced by the insured mortgage, and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or Ihe claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an imprrn.ement or work relaled to Ihe land which i, contracted for and commenced subsequent to Date of Policy and is nol financed in whole or in part by proceeds of the indebtedness secured by the imured mort~aRe which at Dale of Policy the insured has advanced or is obligated to adv,1nce. EXHIBIT A • (CONTINUED) • CALIFORNI D TITlE ASSOCIATION STANDARD COVERAGE CY -1990 EXClUSIONS FROM COVERAGE The following mailers are expressly excluded irom the covcr,lgc of this polity .and th(' Company will not pay loss or damage, cosls, attornt>y'$ fees or expen~es wilieh ,1ll'C by r('ason of: 1. (a) Any law, ordinance or governmental rC'gulation (including but not limited to buil.ding and 7.Oning laws, ordir~ance~, or regulatiof1<I.!l'strkting. prohib!ting ~r rci,lling 10 .(i) the occupancy, usc, or enjoyment of the land; (II) the character, dunens,ons or 10(,II,on of anY'improvement now or hereafter erected on the land; (iii) a separation in owne"hip or a change in the dimensions or area or Ihe land or ,1ny parcel of which the land b or was a part; or (iv) environmental prolection, or the effcct of any violation of these laws, ordinances or governmental regulations. except 10 Ihe extent that a notice of Ihe enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in Ihe public records at Date of Policy. (b) Any governmenlal police power not excluded by (a) above, except to the extent that a nolice of the exercise thereof or a notice oi a defect, lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Righls of eminent domain unless notice oi the exercise Ihereof has been recorded in the public records at Date of Policy, but nol ""cluding from coverage any taking, which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defeds, liens. encumbrances, adverse claims, or other mailers: (a) created, suffered, a,sumed or agreed to by the insurl'd cI,limant: (b) not known to the Company, nOI record"d in the public record' at Datl' of PoliCY, hut known to the insured claimant and nol disclosed in writing 10 the Company by th£' inqltcd claimant prior to the d,lte Ihe insured cI,limallt became an insur('d IJnd('r this policy; (c) resulting in no loss or damagl' to Ihe insun'd claimant; (d) attathing or creJted subsequent to Dille of Policy, or (e) resulting in loss or damagf' which would not hove been suslained if the insw('c!:' IIl'a"t had paid value for the estate or interest insured by this policy. 4. Unenforceability of the lien of Ihe insured rnortElage because of the inabilit) "r fai"'re of thl' insurE'd at Date of Policy, or the inability or failure of any subsequent _ .. ',r of the indebtedn'ess, to comply with the applkable doing business laws of the slale in ',vhich the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of Ihe transaction evidenced by the insured mortgage and is based upon unsury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in Ihe insl,lred the estate or interest i,nsured by this policy or the transaction creating the interest of the Insured lender, by , reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy docs not insure against loss'or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. To,xes or assessments which are not shown as existing liens by the records of any laxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not sho-\'n by the records of such agency or by the public records. 2. Any fads, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by person, in possession thereof. PART 1 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fads which a correct survey would disclose, and which are nOI shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoirizing the issuance thereof; (c) water rights, claims or title to water, whelher or not the matters excepted under (a), (b), or (c) are shown by the public records. AMERICAN LAND TiTlE ASSOCIATION LOAN POLICY, (4-6-90) WITH A,loT.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TiTlE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH A.loT.A. ENDORSEMENT -FORM 1 COVERAGE , SCHEDULE OF EXCLUSIONS FROM COVE~AGE , , The following matters are expressly excluded irom the co\~rage of this policy and the Company b) not known to the Company, not recorded in the public records at Date of Policy, but will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: known to the insured claimant and not disclosed in writing to the Company by the insured 1. (a) Any law, ordinance or governmental rt'gulatiori (including but not limiled to building claimant prior to the date the insured claimant became an insured under this policy; and zoning laws, ordinan("(?s, or regulation~) restrictinp. prohibiling or relating to (i) the (c) reSUlting in no loss or damage to the insured claimant; occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of (d) attaching or created subsequent to Date of Policy, or any improvement now or hereafter erected on the land; (iii) a serariltion in ownership (e) resulting in loss or damage which would not have been sustained if the insured claimant or a change in the dimensions or arCil of the land or any paree of which the land is had paid value for the estate or interest insured by this policy. or was a part; or (iv) environmental protection, or the effect of any violation of these 4. Unenforceabilily of the lien of the insured mortgage because of the inability or failure laws, ordinances or governmental regul,ltions, except to the extent that a notice of the of the insured at Date of Policy, or the inability or failure of any subsequent owner of enforcement thereof or a notic e of a deiect. lien or encumbrance resulting from a violation the indebtedness, to comply with applkable doing business laws of the state in which or alleged violation affectinf, the land has been recorded in the public records at Date the land is situated., of Policy. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which (b) Any governmental police power not e,cluded by (a) above, except to the extent that arises out of the transaction evidenced by the insured mortgage, and is based upon UIUry a notice of the exercise thereof or a notice of a dl'fect, lien or encumbrance resulting .or any consumer credit protection or trutl) in lending law. from a violation, or alleged violation afiecting the land has been recordrd in the public 6. Any statutory lien for services, labor or materials (or tlie claim of priority of any statutory ,records at qate of Policy. ", lien for services, labor or materials over the lien of the insured mortgage) ariSing from 2. Rights of eminent domain unless notice of the exercise thereof h"S been recorded in an improvement or work related to the land which is contracted for and commenced the public records at Date of Policy. but not excluding from covemge any taking which subsequent to Date of Policy and is not financed in whole or in part by proceeds of the ,has,occurred prior to Date of Policy which would be binding on the rights of a purchaser indebtedness secured by the insured mortgage which at Date of Policy the insured has ,for value without knowledge. ' . . advanced or is obligated to advance. 3. Defects, liens, encumbrances, advl'rse claims, or other matters: 7. Any claim, which arises out of the transaction creating the interest of the mortgagee ,insured (a) created, suffered, assumed or agrl'{'(l to by the in,ured claimant: by this policy, by reason of the operation of federal bankruptcy, state il15olvency, or similar creditors' rights laws. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) AND AMERICAN lAND TITLE ASSOCIATION LEASHIOLD OWNER'S POLICY (4-6-90) SCHEDULE OF EXCI.USIONS FROM COVERAGE 'The follOWing matters ar~ expressly excluded frOIll the cove'rage of this policy and the Company has occurred prior to Date of Policy which would be binding on the rights of a : lurcha~er will not pay loss or damage, costs, attornt>y's fees or expenses which arise by reason of; for value without knowledge. 1. (a) Any law, ordinancr or governmental regulation (including but not limited to building 3. Defects, liens, encumbrances, adverse claims, or other matters: and zoning laws, ordinances, or regul.llions) restri(fing, prohibiting or relating to (i) the (a) created, suffered, assumed or agreed to by Ihe insured claimant: occupancy, usc, or enjoyment of the I,lnd; (ii) the character, diml'nsions or location of (b) not known to Ihe Company, not recorded in the public records at Date of Policy, but any impr<M!ment now or hereafter Nected on the land; (iii) a separation in ownership' known to the insured claimant and not disclosed in wriling to the Company by the imured or a change in the dimensions or area of the land or any paree of which the land is claimant prior to Ihe date the insured claimant became an Insured under this policy' or was a part; or (iv) environmental protection, or the effect of any violation of these (c) resulting in no loss or damage to the insured claimant. ' laws, ordinances or governmental regulations, except to the exlent that a notice of the (d) attaching or created subsequent to Dale of Policy, or ' enforcement thereof or a notice of a defect, lien or encumbrance fesulting from a violation (el resulting in loss or damage which would nOI have been sustained If the insured claimant or alh:sed violation affecting the land has bl'('n rewrdl'd in Ihe public records at Date had paid value for the eslate or interest Insured by this policy. of Pohcy. 4. Any claim, which arises oul of the transaction crealing the interest of the mortgagee insured (b) Any governme"tal police power not excluded by (a) above, excepl 10 the extent Ihat by this policy, by reason of the operation of federal bankruplcy, state insolvent~ or similar a notice of the exercise thereof or a notice of a defect, lien or l'ncumbrance resulting creditors' rights laws. ' from a violation or alleged violation aff!'cting the land h.), b!'l'n r('cord('d in Ihe "ublk records at Date of Pol icy. 2. Rights of eminent domain unle~s notice of the ex('rci~e thereof has been recorded in the pUblic records at Date of Polit,y, but not ('xciudinll hom C(lVeragc any taking, whith Thl' .Ib,)v£' AI.TA poli(y forms n1.ly be iS~llC'(\ to ,lfford either St,H1d,ud Coverage or Extended CowragC'. In addition to thp above belu,inns frOItJ COVl'rag(', the hc{'ptions from CovNagl' in a Siand'lrd Cov('rag(' policy will .11,0 includC' th(' following Gl'ncral Exc eptions: SCHEDULE B EXCEPTIONS FROM COVERAGE This policy dops not insure against los, or d,1IJ1.lge (and the Company will not p,'y CI),15, altorney', fres or expt'r"cs) which arise by reason of: 1. Ihxes <!r assessme!lts' which arl' nol shown as existing liens by the [{'cords of any laxing authorrty Ihat levres taxes or a~ses,ments on reill propl'rty or by the public records. Proceedings by a public agen(y which may result in taxes or a~scS'menls, or notices of such proceedings, whether or not shown by the rl'cords of such agency or by the public records. 2. Any facts, rights, interests or claims which i1re nol shown by the public records but whirh ~olJld be a.scertained by an inspectio'l of the land or which may be asserted by persons In posse,sIon thereof. PART I 3. EaS£'ltJents, liens or ('ncumbrances, or tlaim~ thereof, which are not shown by thE' public records. 4. Discrepi~ndes, conflicts in boundary Ii~esl shortage i~ area, encroachrnE'nts, or any olher facts whICh a correct survey would d,SClose, ana which are not shown by the public records. 5. (a) lJ~i?d.lented r:nining claims; (b) reservati!lns or e~ceplions in patents or in Acts autholrlzmg the Issuance thereof; (c) water rrghts, claIms or title to water whether or not the matters excepted under (a), (b), or (c) are shown by the public r~cords. , I • • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CIrt OF CARLSBAD I 1200 Carlsbad Village Drive Carlsbad, California 92008 ) ) ) ) Space above this line for Recorder's use Parcel No. 206-180-32 , AGREEMENT BE1WEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLI'C' FACILITIES FEE I • ! , THIS AGREEMENT is entered into this ~ day of 0 c..c. 19.!l:/.;by and between I BOYCE PARTNERSHIP (Name of Developer-Owner) a PARTNERSHIP. , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 9255 E. IMPERIAL HWY, DOWNEY, CA 90241 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described ort Exhibit "A":, attached hereto and made a part of this agree~~nt, here~after referred. to as "Property"; and ., . WHEREAS, the Property lies within. the' boundaries of City; and WHEREAS, Developer proposes a develop'ment proje~t as follows: _M_I_N_O_R ____ _ -:..'I.-;:S:....;U;..;;:B;..;;:D.-;:l;;...V:....;I:....;S:....;I:....;O;..;;N~~1 __________ --'-_on s;;tid ,Property, which ,develqpment carries the proposed name of BOYCE MINOR SUBDIVISION Fonn Approved By City Council April 22, 1986 Reso. No. 9169 1 and RECEiVED r~ov 2 3 1992 emu\( Of' CjJ\~LS~AD ~tAJ'~N~tJG ~~~"'"lf'~ ; ',/ " • .'. /2 is hereinafter refoned as "Development"; and t ~.--,.~) 1ID WHER.EAs, Developer filed on the-=.-,~ day of Ne)v , 192Z. with the City a request for TENTATIVE PARCEL MAP __________ ---.:.. ____________ hereinafter referred to as "Request"; and WHEREAS, the Public Facilities' Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development Will be availab1e concurrent • I • I , with need or such development shall not be approved (said element is on file With the City Clerk . and is incorporated by this reference); and WHEREAS, Developer artd City recognize the correctitess of Council Policy No. 17, dated July 28; 1987, on file with the City Clerk and incorporated by thiS reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional . . heed for public' fac~tie~ and serVices r~sulting from the p~opc;>sed Development; and , 'WHEREAS, Developer has asked the Cit}': to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City 'canno~ and Will not be able to make any such finding Witho'ut financial assistance to pay for such services and facilities; arid therefore Developer proposes to help satisfy the General Plan as impleIIie~ted by Council Policy No. 17 by payIIient of a public facilities fee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the I I parties agree as follows: 1. 11te Developer shall pay to the Ci~ a public facilities fee in an amount not to exceed, 3.5~A> 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 tb the iSsuance of building or ~ I • -• . other'construction permits for the development and shall be based bit the valuation at that time .. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 '. This fee shall be in addition to any fees, dedications or improvements required ~ursuant to Titles 18,20 or 21 of the Carlsbad Municipal Code. Developer shall pay 'a fee for conversion of existing' building or structures into, condominiums in an amount not to c:;xceed 3.5% ?f the bu~ding pennit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion pennit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction pennits", "other construction pennit" and entitlement of use" as used in this , , agreement, except in'reference to mobile home sites or projects, shall not refer to grading p~nnits or other pennits for the construction of undergrotin? or street improvements un1e~s no other pennit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a, public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction pennits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18,20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon iri Paragraph'l above. If Developer offers to donate .. a site or sites for public facilities, the City shall consider; but is not obligated to accept the offer. The time for donation and amount of credit agamst the' fee shall be determined by City prior to the issuance of any building or other pennits. Such detetmjnation, when made; shall become a part of this agreement. Sites donated under this paragraph shall not inciude improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreem~nt 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 ~ublic facilities and services, and the Form Approved By City Council April 22, 1986 Reso, No. 9169 3 ; , 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 Ilhall ,. be issued until the public facilities fee required by t;hls agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council detennines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. , 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal.delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set fotth herein, enclosed in a sealed envelope, addressed to the City atten.tion of the City Manager; postage prepaid and certifi.ed. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by de,positing th~ same in the United. S~~tes Mail, .enclosed in a sealed e~velope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. . This agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April i2, 1986 Reso. No. 9169 4 , . apply to the respective successors and assigns of Develope~ and the City, and references to' Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such success.o!~ and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereUilder shall ternrinate; provid~d, however, that any successor of Developer's interest in the property ~hall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, Ci~ shall record a ' release. Fonn Approved By City Q)uncil April 22, 1986 Res<>. No. 9169 I ,', 5 ~------~----" IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: BOYCE PARTNERSHIP JOHN E. BOYCE CIlY OF CARLSBAD, a municipal corporation of the State of California (name) B~·tQ~ By: MARTIN ORENYAK For City Manager MANAGING PARTNER t • I - , (Title) By: (Tit;le) -----------, ..... , ""'.---- OWLEDGMENT 00209 State ofUU~td2~t±~L~_ County o,,4~o..$~·~q;~r&~~--=::::::::"" CAPACITY CLAIMED BY SIGNER '(g INDIVIDUA~ On &ef ~ £ &'12-before me;c r;:".-'Tf DATE7 -"---'-N~A--'ME'-, T-ITI.-LE.kOF::':"O..LFF-"'IC-ER-_ -E . ..)/.,,'-. JA-N-E D-O-'E,::"'NO~TA'-R"'-Y P-U...!BL'-IC·--- personally appeared J l) ~ Y\ E. ~ c e.. NAME(S) OF SIGNER(S) , '0 personally ~nown to me -OR -~ proved to me on the basis·of satisfactory evidence to be the person~ whose name}~) @'~e subscribed to the'wll:hin instrument and ac-\II!!!!~~6.d~O~F~F~IC~IAL~~Ei1tAL~c..r knowledged to m~at@s~tf1(y executed DARLENE R. SIrE the same in ~h)Q:(th~.r~thorized NOTARY PUBLIC-CALIFORNIA capacity(iAA) and that by i IH"r/t.h6ir LOS ANGELES COUNTY • -'-!,'. '~ ~" My Comm. Expires Jan. 28,1994 slgnature($lon the Instrument t e person(~, orthe entity upon behalf of which the person~ acted, executed the instrument. l)~~T~ o CORPORATE _______ __ 'OFFICER(S) __ -==-== __ TITLE(S) MPARTNER(~ o ATIORNEY-IN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS '0 GUARDIAN/CONSERVATOR o OTHER: _________ _ SIGNER IS REPRESENTING: NAME OF PERSON(Sf]R ENTITY(IES) hf Bo\{ c.e. \"£tr~ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document -L£!4.:LtLJ:::~~:::2::::::!:~~Q~---:-:---I-:-+...-----­ Number of Pages ----,f-----'--...,... Signer(s) Other Than Named Above t-U!5Ulo/L.::!:.~~~~-I--L.::~.::....:...:~~=~:::!Cd © 1991 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave .• P.O. Box 7184' Canoga Park, CA 91304-7184 --i--- EXlIIBfr "N' LEGAL DESCRJynoN THAT CERTAIN PORTION OF LOT 4 IN BLOCK C OF BELLA VISTA, IN THE CIn OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF sAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: :aEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4, SOUTH 73 °21' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 73 °21' WEST 195.50 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4, NORTH 26 °09' WEST 160.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 465.00 FEB'It; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 56.60 FEET THltOUGH'A CENTRAL ANGLE OF . 6°58'25'11 TO THE MOST WESTERLY CORNER OF LOT 4; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 4, NORTH 26 °11' EAST 110.30 FEET MORE OR LESS TO INTERSECT A LINE PARALLEL WITH AND DISTANT 20.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, , FROM THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID pARALLEL LINE, SOUTH 63 °49' EAST 216.60 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS PARALLEL WITH AND DISTANT 10.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID pARALLEL LINE, SOUTH 16°39i EAST 143.67 FEET MORE OR LESS TO THE TRUE POINr OF BEGINNiNG. Form Approved' By City Council April 22, 1986 Rero. No. 9169 7 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CI1Y OF ~SBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 ) ) ) ) Space above this line for Recorder's use Parcel No. 206-180-32 AGREEMENT BE1WEEN DEVELOPER-OWNER AND THE CI1Y OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entex:ed into this ~ day of 0 ~ 19 ~y and between " , BOYCE ,PARTNERSHIP , • I' (Name of Developer-Owner) a PARTNERSHIP , hereinafter referred to as "Developer" ,(Corporation, Partn~rship, etc.) whose address is 9255 E. IMPERIAL HWY, DOWNEY, CA 90241 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred, to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and , " WHEREAS, Developer proposes a development proje.ct a~ follows: _M_I_N_O_R ____ _ _ -=S~U:.:B:.:D:..:I:;;.,;V:..:I:.:S:..:I:..:O:..:N~ ____________ o,n said Property, which development carries the proposed name of BOYCE MINOR SU:SDIVISION Form Approved By City Council April 22, 1986 Reso., No. 9169 1 'NOV 2 3 1992 'crrw OF C~\~t$'~AD PtAiJ~H~6t..1G ~~FIl. . I is hereinafter referred as' "Development"; and WHEREAS, Developer filed on the l!> day of Y\J~\I « ,19~With the City a request fur TENTATIVE PARCEL MAP _______________________ .hereinafter referred to as "Request"; WHEREAS, the Public Facilities· Elemet;l,t of the City" General Plan requires that the City , ' Council find that all public facilities necessary to serve a development will be available concurrent ~,th need ,or such dev;elopment shall not be approved (said element is on file with the City Clerk I I, '" and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No~ 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's pUblic facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that' public facilities and services will b~ available to meet the future needs of the Development as it is presently proposed; but the Developer is 'aware that the City cannot, and will not be: able to make any such finding Without financial I • • J assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemeJ,lted by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed , , 3.5~/o of the building permit valuation of the building ot' structUres to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other'construction permits for the development and shall be based on the valuation at that time. Form Approved, ' By City Council April 2.2, 1986 Reso. No. 9169 ,2 . ,. " This fee shall be in addition to any fees, dedications or improvements required ~ursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building pennit 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 f • " Municipal Code. Condominium shall include community apartment or stock cooperative. The telms , "other construction permits", "other construction pennit" and entitlement of use" as used in this agreement, except in reference to mobile horne sites or projects, shall not refer to grading permits . or other pennits for the construction of underground or street improvements unless no other pennit is ne<;essary prior to the use of occupancy for which the development is intended. Developer shall , pay the City "; public facilities fee in the sum of $1,150 for each mobile horne' space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction pemUts 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 D~veloper may 'offer to donate a site or sites for puplic fa~ilities in lieu of all or part of th~ financial obligation agreed upon m Paragraph 1 above. lf Developer offers to'donate a site or sites for public facilities, the City shall ~ohsider, but is not obligated to accept the offer. The time for donation' and amount of credit against the-fee shall be,detennined by City prior to the issuance of any building or other pennits. Such detenn.ination, 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 agreem~nt and the fee paid pursuant hereto are required to ensure the consistency of. the Development with r.qe City's Genetal.Pl~. If the fee is not paid as provid~d herein, the City will not have. the funds to provide public facilities and services; and the Form Approved By City Council l\pril 22, 1986 Reso. No. 9169 3 , . " , I development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to' this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. I City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other p'ublic agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Devel~pers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed ~y 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: I if notice is giyen to I the qtr by personal .delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City atten.tion of the City Manager, postage prepaid II I I • I I I ., I and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. 'This agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April 22, 1986 Reso. No. 9169 ",' ,. -, '/ apply to the respective successors and assigns of Developer and the ~ity, and references to I Developer or City herein shall be deemed to be reference to and include their respective successors I 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 writiI;tg the Developer's obligations hereunder. , 9. This agreement shall be recorded but shall not create a lien or secunty interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Fonn, Approved By City Council April 22, 1986, Reso. No. 9169 5 -/'~ __ '- ..... - , ~ / ------------k "./,,,, I I IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-O~ER: BOYCE PARTNERSHIP JOHN E. BOYCE (name) . B~!d~ MANAGING PARTNER (Title) By: (Title) CITI OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK 'For City Manager _.&~t:"'T" .. , --_. ------~--- OWLEDGMENT State of ~ County %.s: .-_ On tkI /',11,[2-before me: ''11' kl1f ~ k£. DATEt:...; NAME, TITLE OF OFFICER· ~E' NOTARY PUBLIC· personally appeared .J.o ~ '(\ E I ~y C e.. . .. NAME(S) OF SIGI~ER(S) ., . Q personally known to me -OR • ~ proved to me on the basis of satisfactory evidence . . to be tlie person((j whose name}~) @~e subscribed to the'wllhin instrument and ac-\lIII!!~~~.6.~O~F~F~I~C~IAL~S~E~AL~Oo.f knowledged to m~at&s~tl1ty executed DARLENE R. SIPE the same in t!1§Yh)(r!th~r~thorized NOTARYPU8UC·CAUF0RNIA capacity(iAA) and that by i IH.6r/~ir lOS ANGELES COUNTY . -"'-'. '~ ~ v My Comm. Expires Jan. 28,1994 slgnature($lon the Instrument t e person(~, orthe entity upon behalf ofwhich the person~ acted, executed the instrument. ~~~~ 00209 CAPACITY CLAIMED BY SIGNER 'g INDIVIDUAL~) o CORPORATE _____ _ 'OFFICER(S) _____ _ TITlE(S) MPARTNER(~ o ATIORNEY-IN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: _______ _ SIGNER IS REPRESENTING: NAME OF PERSON(Sf}R ENTITY(IES) !vf BO'fee. r£tr~ ATIENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATIACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docurl(ent -L.£:.d.~~~~:::2~~~Qd---,-o--.f-:-+..-----!:..- Number of Pages ----,{--____ -,- Signer(s) Other Than Named Above t-L"~<-="-"fL~--,\:,I""-'--f--,-,~-=-:....;~qr=~=~ © 1991 .N~TIONAL.NOTARY ASSOCIATION· 8236 Remme! Ave.' P.O. Box 7184' Canoga Park, CA 91304-7184 / ..... ,"'~- . . ... ~ .. ~ .. 4'. ' . . / I • I , . " ... " I, EXlIIBIT "A" l£GAL DESCRJP'nON THAT CERTAIN PORTION OF LOT 4 IN BLOCK C OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF sAN DIEGO COUNTY, MARCH 7,1929, . . DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 4, SOUTH 73 °21' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 73 °21' WEST 195.50 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4, NORTH 26°09' WEST.160.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONcAVE SOUTHWESTERLY, HAVING A RADIUS OF 465.00 FEE'I'; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 56.60 FEET THROUGH A CENTRAL ANGLE OF 6 °58'25" TO THE MOST WESTERLY CORNER OF tOT 4; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 4, NORTH 26 °11' EAST 110.30 FEET MORE OR LESS TO INTERSECT A LINE PARALLEL WITH AND DISTANT 20.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 63°49' EAST 216.60 FEET MORE OR LESS TO A POINT ON A'LINE WHICH IS PARALLEL WITH AND DISTANT 10.00 FEET .WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 16°39' EAST 143.67 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. ,,, I • Form Approved By City Council April 22, 1986 Reso. No. 9169 7 ... ':",;.1 '~'" ." 4' I" ••• ~~.~.~.'j.J • .t~. ~' 'i".~l t.:"":;' .. ~'?J ;'..j~-:I,.,)' '-... , J"' .... -\).~". , " r ..... ~--. .~ .... '~. ";r';'~-"" ~"I"r;~'J'\li'~"l::l;I"'\I'~~::( ·ti,,:~r..~~~~J'W,!o~t;h-Jl4~~:\H .. 1·~f.:':-S-\';:'·'1 {.r')·""t J;""" "( " CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 / 438-5621 . J) t /-CJl.J.0! (; ) .. (lj I)/{/L \..cl (};j) l/·tIt 1· Lt 0212 C Ph:HI -'229/)-" tIC; ('j'\ (",OJ:;:::t:I=-;:;c; 7 () .' ~, ACCOUNT NO .. ,. ,,' . DESCRIPTION AMOUNT " (' ~ f~ ) Yr~(A~ -II Lt tJ ,d;. /[iDU. 1)1. l J'?L(~! ,'", i/U{) I ()() t' i( 1~/)/~:9:J~J0) , ., I -I rr) ~'Y;L) ::llL/6 eLL'l L::t(;~7( . I / fr. / I :O(j e· , ( F'11 S. C; ),_ C; i") / -:' I I I -../ I CIA, I I PFl-I , , ~~7 2{} \00' () ct.' " '~:l ,{( n (' -' . ) alo(J ~ " '() 7 I • , :i ., C , ('(!~ I )_/ . . . 6 9 . . ."" , ' . )·2CJ(} :86 . RECEIPT,NO.,1.. 9.tt ' .. :',:.' >: :,:,":::~:;''::'':'" ".,":.:;.':' ,',' "'>' ' , " TOTAL • ~ ~, '" ::';-·('··,·!~; .. ,j.·t· ~\:., •. :::) ~:':.!:-~:( ;,'':':~~j':;;~' .:: " ..:...~ _"_o!..~ __ , __ ,~,_-........ ...... __ ~ .... ~_~ __ _ e, (,