HomeMy WebLinkAboutPCD 58; CAMINO POINTE CARLSBAD; Planning Commission Determination (PCD)AtPPLICA TIQN
~ ~r---------~----------------------------------~----------------~------~----~
REQUEST
o Zone Change
OGeneral Plan Am=ndment
DTentative Tract Map
OPlanned unit Developnent
DMajor condominiLun Permit
DMinor condominiLllTl Permit
OMaster Plan
DMajor condominiLllTl Conversion
OMajor Redev~loprnent Permit
(check other boxes if appropriate)
o Minor Redeveloprnent Permit
DPrecise Developnent Plan
DSpecific Plan
DSite DeveloflT\ent Plan
DConditional Use Permit o Variance ~Planning Commission Determination
!OSpecial Use Permit
OAdministrative Variance
CoJ:nPlete Description of Project (attach additional sheets if necessary)
Approval of a Site Development Plan to permit de~elppment of
150 residential appartment units on 12.9 acres.
Location of Project West of EI Camino Real, north and sputh of Hosp Way fliT AI-
Legal Description (complete)
t--__ ..,..,,1,.;....'-L;~:3 1. 7t,Q~J.:~f..~}' i;Sf and 11;.0 of Carlsbad Tract, No 7q-27 accorci i np-
to map thereof No. 10161 filed in the office of the County Recorder on
Assessors Parcel Number
July30, 1~81 167-250-27 thru '38
Zone General Plan
PC RMH
Proposed Zone Proposed General Plan
PC RMH
Owner
Name (Print or Type)
(" , 1 I'
Communi ty R,esQurce's Co;rp.
Malilng Address
2204 Garnet.
City and State ZlP Teleph9ne
{ ,
~~n.piego 92109 -483-6500
I CERI'IFY THAT I AM THE LEGAL cmNER AND
THAT ALL THE ANJVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNCWLEINE.
Existing Land Use
VACANT
Slte Acreage
12.9
Applicant
Name (Print or Type)
G&G Enterprises, Inc.
Malilng Address
2204 Garnet
Clty and State ZlP Telephone
San Diego Calif. 483-6500
I CERI'IFY THAT I AM THE cmNER' S REPRESENTATIVE
AND THAT ALL THE ABOVE INFORMA'I'ICN IS TRUE
AND CORRECT 'ID THE BEST OF MY KNcmLEI::.GE.
• .' \
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day' time limits are often exceeded.
If you wish to have your application prooessed concurrently,
this agreement must be si-gned by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits; therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
J e
Name (Print) 1 t' 4;r;t?f7A I' t' Re a 1.ons 1.p 0 pp 1.ca 1.on
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
~-
If after the
, .,' t.hat further
information you have submitted has been reviewed,
inforrnatio~s required, you will be so a~sed.
it is determined
< l'
APPLICANT:
AGENT:
NEHBERS:
G&G Enterprises, Inc.
Name (individual, partnership, joint venture, corpora,.tion,. syndication)
2204 Garne'i; Ave., San Diego, . Calif. 92109
Business Address
(619) 483-6500
Telephone Number .
DEVELOPMENT CONSULTANTS CONSORTIUM
Name
P.O. Box 2143, Oarlsbad, Calif. 92008
Business Addr~s~
Telephone Number
D. GREENBERG
Name '(individual, partner, joint,
venture, corporation, syndication)
Home R.ddress
~~~4 Garnet Ave., San Diego, Calif. 92109
Business Address
(619) 483-6500
Telephone N~~er Telephone Number
C~ Hurstin
) !·ra:.\l~ Home Address
2204 Garnet Ave., San Diego, Cal 92109
3'.lsiness Address
( 619),483-6500
Telephone Ncmber Telephone ~~u.wer
(Attach more sheets if necessary)
.'
'lINe "decla=e unde:::-penalty of perjury that the information' contained in this dis-
~losure is t!:"'<.!e and correct and that it will remain true and correct and may be'
relied upon as being true and correct until a~ended.
Applicant
If after the
.. . that further
APPLICANT:
AGENT:
NEHBERS:
intorrnat.l.on you .'lave su.om.l..:..:ec .. "las ..:Jt:!t:!11
informatioI" i,s required, you will be so
L"l::! II .J.e'''ec.:, ar"''';,sed •
.l.~ 1.5 o.eterm.l.nea
e. 'e
G&G Enterprises, Inc.
Name (individual, partnership, joint venture, corporation, syndication)
2204 Garnet' Ave., San Diego, . Calif. 92109
Business Address
(619) 4·S3-6500
Telephone Number
DEVELOPlv1El~T COlJSULTANTS CONSORTIUM
Name
P.O. Box 2143, Oarlsbad, Calif. 92008
Business Addres~
Telephone Number
D. GREENBERG-
Name -(individual. partner, joint"
venture, corporation, syndication)
Home ~.ddress
22~4 Garnet Ave., San Diego, Calif. 92109
Business Address
(619) 483-6500
Telephone Number
C~' Burstin
Telephone Nu.rnher
Home Address
2204 G~rnet Ave., San Diego, Cal 92109
3'.lsiness Address
( 619)" 4°3-6500
Telepnor.e N~er Telephone ~iu.wer
(Attach more sheets if necessary)
."
"I/He'decla.=e under penalty of perjury that the information' contained in this dis-
~losu=e is tr~e and correct and that it will remain true and correct and may be'
relied upon as being true and correct until a:nended.
Applicant
BY ~ ~_,_pa_r--=-~n_~_r~~ ________ ----"
,rr Tra.amerlca Title Insurance ampany
4355 RUFFIN ROAD
SAN DIEGO, CALIFORNIA 92123
(619) 565-8131
DATE OCTOBER 12~ 1983
COMMUNITY RESOURCES
2204 GAF:NET AVENUE
SAN DIEGO, CALIFORNIA
ATTN: TIN~ COURTNEY
OFmER NO. '0065143
-----------PRELIMINARy TITLE REPORT------------
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSAMERICA TITLE
INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF,
A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE-FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH KAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN DR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM tOVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORK.
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 INSURANCE, A BINDER OR COMMITMENT SHOULD
. BE REIlUESTE
DATED AS OF 7: 30 A. M. OCTOBEF: 11, 1983
THE ESTATE OR INTEREST IN THE LAND HEF:EINAFTER DESCFUBED OR
REFERRED TO COVERED BY THIS REPORT IS A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS ~)ESTED IN:
COMMUNITY RESOURCES CORPORATION, A NEVADA COF:F'ORATION
,rTraaamenca Title Insurancef>mpany
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFbRNIA~
COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS
FOLLOl.tJS:
LOTS l THROUGH 6, INCLUSI'·.iE AND· LOTS 11 AND 12 OF CARLSBAD
TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10161,
AS F I LED I N THE OFF I CE OF THE COUNTY RECOF:DEF: OF SAN D I EGO
COUNTY, JULY 30, 1981.
PAGE 2 0065143
,r Tra'-'amenca Title Insurance *mpany
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable.
For Fiscal Year: 1983-84
2. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE
STATE OF CALIFOF:NIA."
3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES
AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF
EL CAi"lIl'lO REAL \,lJHERE REQUIF:ED FOR THE CONSTF:UCTION -AND MAINTENANCE
OF SAID PUBLIC ROAD AS GRANTED IN DEED RECORDED MARCH 11,
1966 AS FILE NO. 042245 OF OFFICIAL RECORDS.
The above item affects: LOT 1 OF THE HEREIN DESCRIBED
4. AGREEMENT on the terms and conditions contained therein.
Purpose : REGARDING CERTAIN RESTRICTIONS AND LIMITATIONS
Dated
IN RESPECTS TO CERTAIN SLOPE RIGHTS OVER THE
HEREIN DESCRIBED LAND, FOR THE BENEFIT OF CERTAIN
_________ !-ANDS ADJ ACENT TO ANY F:EG ~ ONAL SHOPP I NG CENTER. . . APRIL 20, 1966
Executed by~ FAWCO, A PARTNERSHIP, BERNARD CITRON AND HARRY
J.LL FRANK, JR., THE "OWNERS"; THE MAY DEPARTMENT
STORE COMPANY, A NEW YOF:I< CORPORATION, AND PLAZA
CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP
Recorded, Official Records: APRIL 21, 1966
Series/Instrument No.: 66916
5. EASEMENT', and i nci dents thereto,
In Favor of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
Recorded, Official Records: MAY 28, 1974
Series/Instrument No.: 74-138506
Purpose : UNDERGROUND AND NECESSARY ABOVE GROUND STRUCTURES,
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
AND FOR ALL OTHER PURPOSES CONNECTED AND ALSO
FOR PIPLINE(S} FOR THE TRANSMISSION AND DISTRIBUTION
OF GAS.
Affects THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED
LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING
THREE FEET MEASURED AT RIGHT ANGLES, ON EACH
SIDE OF EACH AND EVERY ELECTRIC AND GAS UTILITY
FACILITY INSTALLED WITHIN THE AFOREDESCRIBED
LANDS ON OR BEFORE DECEMBER 26, 1975. GRANTEE
MAY FROM TIME TO TIME AFTER SAID DATE INSTALL
WITHIN-THE EASEMENT AND RIGHT OF WAY ADDITIONAL
EL~CTRIC AND GAS UTILITY FACITLITIES.
PAGE 3 0065143
T TraAamenoa Title Insurance .mpany
6. AGREEMENT on the terms and conditions contained therein.
Purpose : IS REGARDING THE CONSTRUCTION~ MAINTENANCE AND
POSSIBLE COSTS PERTAINING TO CERTAIN ROADWAYS
FOR ACCESS AND UTILITIES
Dated OCTOBER 26, 1977
Executed by: GROVE APARTMENTS INVESTMENT co. AND KAMAR CONSTRUCTION
CO.
Recorded~ Official Records: MARCH 20, 1979
Series/Instrument No.: 79-109597
Location : NOT SET FORTH 'THEREIN
7. EASEMENT SHOWN ON FILED MAP, and incidents thereto,
Purpose: SEWER, WATERLINE, DRAINAGE AND PUBLIC UTILITIES
Affects: SAID LOTS 1 THROUGH 6, 11 AND 12 AS FOLLOWS:
LOT 1: PRIVATE STREET -CIRCULO SANTIAGO LOT 2:
PRIVATE STREET -CIRCULO SAJ'..!TIAGO LOT 4: PF::IVATE
STREET -VIA CLEMENTE LOT 5: PRIVATE STREET -VIA
LOS SANTOS LOT 6: PRIVATE STREETS -VIA FRANCISCA
AND CALLE CABALLERO LOT 11: PRIVATE STREET -CALLE
CABALLERO LOT 12: PRIVATE STREET -CALLE ARROYO
9. EASEMENT SHOWN ON FILED MAP, and incidents thereto,
Purpose: DRAINAGE AND SEWER
Affects: LOT ,1 OF THE HEREIN DESCRIBED
9. EASEMENT SHOWN ON FILED MAP, and incidents' thereto,
Purpose: ""JATERLINE
Affects: LOT 12 OF THE HEREIN DESCRIBED
10. EASEMENT, and incidents thereto,
In Fa~or of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
Recorded~ Official Records: AUGUST 26, 1991
Series/Instrument No.: 91-272629
Purpose
Affects
: 1. POLES, WIRES, CABLES AND APPRUTENANCES
FOR THE TRANSMISSION AND DISTRIBUTIO N OF ELECTRICITY.
2. UNDERGROUND FACILITIES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
3. PIPELINES 'A~lb APPURTENANCES' FOR ANY AND
ALL PURPOSES. 4. COMMUNICATION FACILITIES,
OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES.
: THE EASEMENT IN THE AFORESAID PROPERTY SHALL
BE A STRIP OF LAND, INCLUDING ALL OF THE AREA
LYING BETWEEN THE EXTERIOR SIDELINES, WHICH
SIDELINES SHALL BE THREE (3) FEET, MEASURED
AT F:IGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH
AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY
ON OR BEFORE AUGUST 15, 1992.
AFFECTS: LOTS 1 THROUGH 6, INCLUSIVE 11 AND
12. THE LOCATION OF WHICH IS NOT SET OUT THEREIN.
PAGE 4 0065143
•• ,r Tra.amenca Title Insurance .mpany
11. AGREEMENT on the terms and conditions contained therein.
Purpose OF GRANTING A LICENSE TO ENTER UPON THE HEREIN
DESCRIBED LAND FOR THE PURPOSE OF MAINTENANCE
AND REPAIR OF THE LANDSCAPING AND VEGETATION
THEREON, TOGETHER WITH THE IRRIGATION SYSTEM
vJH I CH SERVES THE SAME
Dated NOVEMBER 11, 1981
Executed by: GENSTAR DEVELOPMENT INC., A NEW YORK CORPORATION
fBROADI"100R), T. L. SHELDON ENTEF:PRISES, A CALFORNICA
CORPORATION (SHELDON) AND HUNT ENTERPRISES,
A CALIFORNIA CORP. (HUNT)
Recorded, Official Records: NOVEMBER 25, 1981
Series/Instrument No.: 81-374327
12. AGREEMENT on the terms and conditions contained therein.
Purpose IS REGARDING PAYMENT OF FEES FOR CERTAIN PUBLIC
FACILITIES NECESSARY TO SERVE THE DEVELOPMENT
Dated MARCH 4, 1980
E>:ecuted by: GENSTAF: DEVELOPMENT INC., A NEW VORI< CORPOF:ATIQN
(BROADMOOR), T.L. SHELDON ENTERPRISES, A CALIFORNIA
Recorded, Official Records: JULY 27, 1982
Series/Instrument No.: 82-229266
13. EASEMENT, and incidents thereto,.
In Favor of : PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
Recorded, Official Records: MARCH 1, 1983
Series/Instrument No.: 83-064032
Purpose : UNDERGROUND COMMUNICATION STRUCTURES
Affects ALL THOSE PORTIONS OF LOTS 1, 2, 4, 5, 6, 11
AND 12 INCLUSIVE LYING WITHIN THE SEWER, WATERLINE,
DRAINAGE, PUBLIC UTILITIES AND ACCESS EASEMENTS
AS SHOWN ON SAID MAP
14. DEED OF TRUST for the original amount shown below, and
any other amounts ~ayable under the terms thereof.
Original Amount: $12~OOO,00o.ob
Dated : APRIL 13, 1983
Recorded, Official Records: APRIL 14, 1983
Series/Instrument No.: 83-119874
Trustor COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION
Trustee TRANSAMERICA TITLE COMPANY OF SAN DIEGO
Beneficiary: VERNON SAVINGS AND LOAN ASSOCIATION, A TEXAS
SAVINGS AND LOAN ASSOCIATION
PAGE 5 0065143
,r Tra.amerlca Title Insurance ampany
ASSIGNMENT OF RENTS AND LEASES AS ADDITIONAL
FOR THE ABOVE INSTRUMENT
BY: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION
TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS
AND LOAN ASSOCIATION
DATED: APRIL 13, 1983
RECORDED, OFFICIAL RECORDS: APRIL 14, 1983
SERIES/INSTRUMENT NO.: 83-119875
THE ABOVE. I TEM AFFECTS T'H I S AND OTHER PF:OPERTY.
15. AN AS~~GNMENT OF PROFITS
BY: COMMUNITY F:ESOUF:CES CORPOF:ATION, A NEVADA CORPOF:ATION
TO: VERNON SAVINGS ~,; LOAN ASSOCIATION, A TEXAS SAVINGS AND
LOAN ASSOCIATION .'
DATED: APRIL 13, 1983
RECORDED, OFFICIAL RECORDS: APRIL 15, 1983
SER1ES/INSTRUMENT NO.: 83-119877
16. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS
BY: COMMUNITY RESOURCES COF:PORATION, A \',IEVADA COF:PORATION
TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND
LOAN ASSOCIATION
DATED: APRIL 13, 1983
RECORDED, OFFICIAL RECORDS: APRIL 14, 1983
SERIES/INSTRUMENT NO.: 83-119878
17. AGREEMENT on the terms and conditions contained therein.
Purpose : AGREEMENT FOR THE PAYMENT OF A PUBLIC FACILITIES
FEE
Dated APRIL 15, 1983
Executed by: COMMUNITY RESOURCES CORPORATION AND TH~ CITY
OF CARLSBAD
Recorded, Official. Records: MAY 4, 1983
Series/Instrument No.: 83-146497
Unless shown in the body of this preliminary report there
appears of record no transfers or agreements to transfer
the land described herein recorded during the period of
six months prior to the date of this report, except as
follows:
---NONE---
PAGE 6 0065143
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MAP 10161 -CARLSBAD TCT NO 79-27 (CONDrvi)
SEC 32 -TIl S-R4~ -POR W 1/2
I~ I, i' -',,'
•
-
'1
• • tANSAMERICA TITLE INSUIWICI C<»tPANY
AND WHEN RECORD,ED MAIL TO
.m. Ic£loOOJNITY IlESOURCES CORPORATION I
,r .. t
Idr ...
1335 lIotel Circle South
San Diego, California 92108
. tv ,.11 L ,p
___ .. ______________ --: .... _____ S,.ACE ABOVE THIS LINE J1'OR RECORDER'S USE.-
Mt .. IL TAX STATEMENTS TO
.me I DOCUMENr"'ItY TRANSFER TAX $ ~O~..!..9.9. ____ _
!le.t .ldr... .a. a. above XX 'MPUTEO ON FUll VALUE 0 PROPERlY CONVEYED,
API'. 161-liP-27, 28. 33, 32, 31, 30,
35, 36, J8~7. 29 and 34
. -~~~=-~~-----Signature of Declarant or Agent datermining tl •. Firm Name
GRANT DEED' (Escrow No .•• ~~~~~ ..••••••. ) (CORPORATI0N)
By ,hi, inlilument d.led ..•.••.••.•...•..•.••••••.•••••..• Ap~"'l .. l~.1 .. J,9.B~ ................................. for a v,luable consideration.
CENSTAR DEVELOPMENT. INC., a Nev York Corporation
h.e1eby GRANTS 10
COMMUNITY RESOURCES. CORPORATION, A Nevada Corporation
the fallon-in, deacribed Real Properry in ,he State of Califurni •• County of .•••• San..D1e&Q .•.•.•••.•..•....•.••.••••......•.......•••••
City of .••••••• Cas::labad ............................................. .
Lota I thru 12, inclusive of Carlsbad Tract No. 79-27. in the City of Carlsbad,
County of San Diego, State of California, according to MAp No. 10161, a. flIed
in the Office of the County Recorder of San Diego County, July 30, 1981.'
CINSTAR DIY,ELOPKENT. INC., a Nev York Corporation
.y.~~.21t.q!(f< .......... ~.~ ........................ .
Bl •... .LJL~ll~t .. .l.~~~~~~=:~ .......... .
Authorized Agent
: STATE OP CALiPORNIA } On ... An.r.tl ... l.J ....................... 19.8.1 ...• befo~ me. 1M undeni&ned. a Notal)' Public in and lor said
~ SS. County .n,1 Stale, person.lly .p~ared ........... Mar.k.. .. H ...... C.p..b.lim .................. : ...................................... .
't; COUN1Y OP ... S.w.. .. U1egO........... and ........ ltU,lliam .. .F. ...... S.nOW ........................................................................... known 10 me 10 be the
,.; ................. y.i.{;.~ ... r.r.~.~J~g9J; ....... ~ .................................... nd ......... A~ ~.~.'?.f.!;.!':.~ ... !-:S!::~~ ................................... retpcctivel, of lhe Corpor'liun
th.t executed lhe within in.tnllncnt on behalC oIlhe Corpor'lion the~in OI~nd .c1mowledlled 10 ,,:e I~t .uch Corporation ueculed lhe same.
;: ~/" ~.A~ ~ t.,. ..... PAT:'~:" ~ING Not.,,'. Si,n.lule " ...... (l.' .. ~(...(t ......... v. ........ ~.7.:';!i~ ...................................... ..
~.. NOTARY rU8UC·CAL"OfINIA U
Ioi: ,.'NCWN. OfflCl IN . , . IAN NQO COUNty ~.My",~.ommfs"'[""Jt.aly29 l.a3 MAIL TAX STATEMENTS AS DIRECTED ABOVE ~ , . ~
.'
'RE~ORDING REQUESTED B;'n
WHEN RECORDED MAIL TO: • •
CITY OF CARLSBAD
1200 Elm Avenue
)
)
)
)
).
)
prff1-
Carlsbad, California 92008
Space .above this line for Recorder's use
Documentary transfer tax: $ No fee
, 11 tI tt 701\ S~gnature of declarant determining
tax-firm name .
City of Carlsb~d r-? /('.7-2S'd.--2 7!t1'.> 3'
Parcel No. ~ I (g';" 01" -~~
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
'THIS AGREEMENT is entered into this 15 day of _..t;;;A~pl...Lr_jI...J.L..-__ ' 19..a.,L
by and between Community Resources .Corporation
(name of developer-owner)
a ~Cfolo""r""!?,j,.IJ-Ou.r .... a:wt,-J.I...J· 0...,., .LJn ______ ~...,,:-----....... -, her e ina f t err e fer red to as
(Corporatlon, partnersh~p, etc.)
"Developer" whose address 1S 1335 Hate} Cjrcle SOJJtb, Spite 201
(street
San Diego, Ca. 92108 and THE CITY OF
(C it y, s tat e, ·z i p cod e)
'CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address 1S 1200 Elm Avenue,
I
Carlsbad, California, 92008.
WIT N E SSE T H:
WHEREAS, ~eveloper is"the owner of the real property described
on Exh ib i t "A:, at tache d here to and made a par.t '0 f th ~s agreemen t,
hereinafter referred to as "Property"; and
W,HEREAS, The Property lies within the boundaries of City; and
. .
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
..
'on said Property, • which development carries • the proposed name of
Pueblo Del Oro
and is hereafter referred to as "Development"; and ,
WHEREAS, Develop er fi led on the --=1~5 __ d ay of _-£.lA;l:::p:.=r-.:;!i ... I=---_____ _
19 83 , with the City a request for Tentsative Subqjvj sian 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 available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
'WHEREAS, Developer and City recog~ize the correctness of Council
Policy No. 17, da~ed April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and serVlces 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 service~ will be available to meet the future needs of
the Development as it is presently propo~ed; but the Developer is
aware that the City cannot and,will not be able ,to make ~ny such
finding without financial assistance to pay for such services and
faciliti~s; and therefore, Developer prop~s~s ~o hel~ satisiy the
General Plan as implemented by Council Policy No. 17 by payment of a
public faciliiies fee.'
-2-
REV 4-2-82
}
~; • • NOW, THEREFORE,"~ consideration of the rec ,als and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
('T'
in an amount not to exceed 2%(~f the building permit valuation of the
building or structures to be constructed in the Development pursuant.
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on ,the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion 0 f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior' to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shali include .community
apartment or stock cooperative. The terms ."other' construct ion
permitstl, "other construction permit" and "entitleJP,ent for use" as
. .
use din t his a g r e erne n ~, ex c e p tin ref ere n c e tom ob i I e h o.m e sit e s 0 r
proje"cts, shall not, refer to grad·ing permits or othet: permits for the
construction of underground or street improvements 'unless no other
II
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shaLl ~ay to City a public
faciliiies fe~ in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. , The fee shall be pa~d prior to
the issuance of building or other construction permits for the
development. This fee 'sha11 be i~ addition to any fees, dedication'~
or improvements required according to T'itles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
•• • 2. The Developer may offer to donate a site or sites' for public
facilities in lieu of all or part of the financial obligation agreed
upon' in Paragraph 1 above. I~ Developer offers to d'on'ate a· s'ite or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. -The time for donation and amount of
credit against the fee shall be determined by City prior io the.
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Si.tes donated under
this paragraph shall not include improvements requi~ed pursuant to
Tit Ie s 1 8 0 r 2 0 0 f the Car 1 s bad M u n i c i p a I Cod e. Developer shall be
entitled to th? full credit due Genstar, previo'::l5 CMner, under their 3/4/80 Agreep-ent.
3. Th1s agreement and the fee pa1d pursuant hereto are requ1red
to ensure the consistency of the Development with the City's General
Plan. If the fee i s no t p aid a s provided herein, the Cit y will no t
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
app!oval or permit for the Development shall be void. No building or
other c~nstruction peimit or entitlement for u~e shall be issued
un til the pub lie . f a c iii tie s fee r e qui red by t his a g r e e m en tis p aid.
4; City agrees to'deposit the' fees paid pursuant to this
agreement in a public facilities furtd fgr the financing of public
facilities when the Cit~ Council determines .the need exists to
provide th~ facilities and sufficient fun~s from the paym~nt of this
.and similar public facilities fees are available • . S. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
age n c i e s as e v ide n ceo fad e qua t e p u.b 1 i c f a c iIi tie san d s e r v 1 c e s
sufficient to acc9mmodate the needs of the Development herein
de.scribed;
-4-
6. .' • • All obligations hereunder shall terminate 1n the event the
Requests made by Developer are not apprbved.
7. Any notice from one party .to the other shall be in writing, ~ /
and shall be ~ated 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 mannel~:
7.1 If notice 1S g1ven to the City of personal .delivery
thereof to the City or by depositing same 1n the .United States Mail,
addressed to the City at the addtess .set forth heretn, enclosed in a
sealed envelope, addressed to the City for attention of the City
M~nager, postage prepaid and certified.
7.2 If notice 1S given to Developer by personal delivery
. .
thereof to Developer or by depositing the same 1n the United States
Mail, enclosed in a sealed enve19pe, addressed to Developer at the
address as may have been designated, P9stage prepaid and certified.
8. This agreement' shall be binding upon and shall inure to the
benefit of,ano shall apply to, the respective successors and ass1gns
:'of Develop~r and the City, and references to Developer or City herein
shall be .deemed to be reference to and include their respective
successors and' assigns yithout specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer here~nd~r shall terminate;
provided, howe~er; that any successor of Develoi~r's interest in the
property shall have first assumed in writing t~e Developer's
obligations hereunder.
9. This agreement shall be r~torded but shall not create a lien
or security interest in the Property • When the obligations. of this .
agreement have.been satisfied, City shall record a release.
-5-
, "
}
III I:: III %
III .J L ~
• •
IN WI!NESS WHEREOF, this agreement is executed 1."n San Diego
County, California as of the d ate f"i r s t e
DEVELOPER-OWNER:
C(::~~ft'Y Resources Corporati on
BYD~an~~
(Title) Chairman of th 'e Board
BY --------------------
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
AP~ROVED AS TO FORM:
VINCENT F. BIONDO JR ). , . ,
City At to,rney
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
written above. .., .,
CITY OF CARLSBAD a .' , corporat10n of the
municipal
State of California
BY .
City !1anager
-• TITlE INSURANce . AND TRUST
A l1COR COMPANY ~e !
COUNTY OF 6')N 1) leoo On~{. I~ /'i/~ before me, the undersigned, a Notary Public in and for
said State, personally ap'peared 2J€8N 7/rleesNJ8e.ea-
} ss.
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as th:.e_-;=:::-:-===~~ ___ _
£1;e'sid eli~and .3I!F~'I ..... -n:f..-,-=~"""'~~L.z:.':""-----personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within mstru-
ment pursuant to its by-laws or a resolution of its
board of directors,
.... 0" OFFICIAl. :'i~:AL
, ...... "< CHRISTINA B. COURTNEY
r-'" '.,.OtAliV l-"\ltH.IC (;.ALlfORNIA
~ PRIf,r.,PAl OFFICE IN
c SAN DIEGO COUNTY
L My Commission Expires April 25, 1986
nn»IIIIUIUlUnnYUUlUIWIWOUlltIIllUIIIlUliliUliilulllIlunlmullllnmIlIU,IlIiIlUIIIIIUmluillltllll
,.'
• • EXHIBIT "A"
LEGAL DESCRIPTION ,... . ,
lDtS 1 through 12 of carlsbad tract number 79"-27 as per map
#' 10161 ;filed in 'the office of the County Recorder of the'
County of San Diego on
! ! .
/I
•
• •
CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
r RECEIVED FROGE-, G;, ~~r t?f t~~ 3\ \ \ 8"1--
f, ADDRESS ---LnCD \
r A/C. NO. DESCRIPTION AMOUNT 1----------~----==------~--~-----+----~--
I-0 \-.--..--..
[~~~~--~~~~~--------------~~~~-----!
~~~~~~~~~~I
I--+--~~----+--.......---:
r --+------f-!iI--~\----t-""t-1
37207 TOTAL
\
CASE NO. DA'IE RECEIVED: 3 -/-f? t/ ----~---~~~-------------
REQUEST: / So ,4 ~ xU.de /Y2.t at apt.4 bm ead:,
Na..-a.d s ~ W~ t<J~.
ENVIRC>NMEN'Iru:..
EXEMPT OR EXCEP'IED: ----------------------------------
Posted: Prior Compliance:
(Q.9~.
Published: ------------------------------------------------
Filed: Filed:
NEGATIVE DEClARATIOO: --------------------------------
posted:_--1t!_" ...;:30=-~ ~..;;...4-__ __ Published: !5~ f;>'-~~ --~"'--~--=-!---Notice of Dete:rmi.nation: ----------
ENVIRONMENTAL IMPACT REPORT: ____ ----,~,.........-_:::_-
Notice of Notice of
Preparation:______________ Crnlpletion: _________ _
Notice of
Detenn.ination: -------
PIANNThIG COMMISSION
1. Date of Hearing: to..., I o-~L/
2. Publication: M I t9
•
3. Notice to P;roperty CMners: tJ. j f1
I
4. Resolution No. _________________________ _
(COntinued to: -----------------------------
5. Appeal: ______________ _
CITY COUNCIL
1. Date of Hearing:' ______ ...;' IJ--I-it..L·/!..:...· _____ _
2. Notices to City Clerk:· _________ _
3. Agenda Bill: _____________ _
4. Resolution No. -------------------------
5. Ordinance No. -------------~-------------
CORRESPONDENCE
Staff Report to Applicant: _________ _
Resolution to Applicant: ______________ ~------
Date: ---------------
Date: -------------
ACTION: Appro! ed.,
Co (lc/ ~ +t 0 VI .:6! 02f
ACTION: --------