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HomeMy WebLinkAboutPCD 70; CHASE, GREGORY; Planning Commission Determination (PCD)POOR QUALITY ORIGINAL(S) • < '~f~:{i :~~': ~; '~~Na,UsE,PLAN=~~~'~,~~:~,i~Ja~," ',"" , ~.'. . ~ ·.';:,.'P~i~ic·.~~ian·:>~· :;.;' ;>~.::".~!; ,~,.:~:::,:">:.:.~.:." '. ·:-DSite 'DeVelQpnent Plan ',' >" :',~,--,-'.'. '~":~' ,. .~ .' "0 Zone Change . :0 General Plan AmerrJment . "., '0 Tentative Tract Map ..' .' . , '·0 Major -Planned ~lopnent . ': '0 Master Plan· ....,... ",'" :.-",.g=~:~;;~~.,~~~~:~.';::··:.:)·~:r.>.··:~}.:~:~>:>:·: '. :0 PlanniBl·Carinissiori.:Deterrid,nation; ~.: :'.' IJSpec'al U Pe 't°/<.; . .. .... ' ;' . . OStru~u~e ~=iO~. ',:·.:.:,'{:,:Y::·\ ..... :~; •.. :'::,!'.~.:'~ • ~ ~_ ,", . ': '-1 ,: ~ .. " '. • ,::-.1 " • , :. :l.' __ ,:~ .-. ", .l. -.~ _ " ,>.' ,:" •• .' ,.: =~ ~ -~ ~-. , . ., -.... . :. " ... : ":0 Major Redevelopnent 'Pet:mit :'0 MirprRedevelopnent Permit ;0 Precise DevelopnentP.1an ". :( check other 'b:>xes if .apptopriate) .e·' .'". . '. : ," .:necessary " :. . . '~ ... -. ", : . .' ,:' - ",~, ~, .' " . -.t't ... ·:t . ~------------~~----------------------------------------~--------------~ . .. .. -.' '- " . RH M. Chase ..•. Lane ~ .~ I" .~ .' " ;:""~-:': ... ,.,: .. : .. -, .. -. , ': ;',' , . ~~i'~~J;>;t! ':'~'~'. < , :' • . .. .. ' ."--' ' ... ' -.t:, •• ;..::. ••• "'1-. '~.....' , " (> ". "'",,-.. ---- I CI~ __ OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438·5551 -;: RECEIVEQ F'ROMO ~C~ '" c\Co DATE J l"2-tEA t ADDRESS A/C. NO. DESCRIPTION AMQUNT ,0 t-E-2cl I~ (' b. r~~ -. , -·-tt{5~ .. Ol-.,',.' E..I"A. I 7S - ./~ ." -0'\' ~ " l' ';A 1;-;:",/, ~t~ , ... _ .. , 1':; i I '<~'--~' .~~. i .-. (,.) ,,~ ~, .~, Cl .~ .!I'. £"P..~. C'\ ~ (I) . ~~v ~'~)7~.;?j~'{;>' 0; G'l '~ ~~~'->~ ~ .. , \~ t-~~".p' '-I ! "" ~~ '~~<;y -~:/ &' r.~ " -'I'::)' . .g~ ..,1',) >' .' " ·0, ~(;' e'G -z;c:.. ~ " , Ji066~ TOTAL 505 -f... . j . " ----- • '. . ~ \ .-.' ' ~ . . , ') £t a'ft~r the informati.ou 'hav;; sul:mitted.has-.been ·i·l.e~,· i~·:~i~:.a.et~~~ed '.'-'-~ .. , ,t.hat further information-is required,. you ·:Wl.~l be :so··a Vl.sed_· ._. ' .. ' .: . .'. .- • '" " -"';' ::.' " _.: > -r ~~. ~ Pj: G;ogory F .&E~:ee~: dbase -'j oin:t' \~:"'t;,t::; -.> . .,. Name (individual, ~rtnership', joint venture, ~~~orpOration, ':,-$~ication) t, .'l(· . :.' ~-. :;~'-.:'" ,-.," .. ,-: ...... -;, .. " .. ".--.: "'21.1;.4 Rosecra::rt La~e', San'n1·e·'is~;··· tJ~'~ 921,06 :,' "<> ',;;:.: . .' " :APPLICANT: --.-. , ,.I . Busine •• Mare.a ,-'.' \,' . -: .. .434":31 35 . ~. '.,;: Telephane Num.J::)er '. . .' ',. ~ ! ~~ '. -~ .• , :"\' 4, ."' _·f; .' _ .~, .: " .... '~-'~' .; i Developmen t . Oonsul tan:ts' -'''--.' - Name .: -'';''.-. ,',.. ' ,Busin ... Ad4r.e.~ \ l~ ,,'" .', ," . ,,' ~ ,.: . , , ·;A 34 -31 35" ",' '. :::.. . ". --: ',' . .' ' .. ~. 'Telephone ,HwIIl:Ier . .,' .. ':..~ , .'. -:.' ..;:.~;.': " .. ' ' .. _-.-", -, ,,·:HEMBERS: --------~--:'------~--. " ,'''. " ' _:;:t, ",,'; ',<''', , " ;~ • ~ .• f. , , ',' " .' " ' , 'llame -(individual, .partner, joint ., ' , venture, cO%pOration~ 'syDdication) .' . , ;" . r·l:fome ;Adaress --a;: '.'. : '.. ;. ,:, :--,', ~:.' . ."' ... '-.~- --' ~?:~. ~.~: ,.~ :,.'~.,,--, ~", -!. ' • -' • .-, .' .. :.,~ .~ ~.' -: -~". ~~~us--~ine---s-.--Ad~~d~r-e-s--.---------------------~·--------------~------~--------~~--~~--- " " . ~Telephone Number ," .. '.>, ,.: r -':-Boma Address " '~-' .:.: '-.> --.~ .', . .3~siness ~dress . """-, ..... :.-,a' . ~, (Attach more she.ts 'if necessary) , 'l./ftle dec:lc-e under penalty 'of perjury that ,t~e~n'~9~ti~n :'c~ntai::~;\inth.~s .. aiS":' closure is t..~e and correct and that it will remain true andcorree,t .andmay be, relict; upon as being true and correct until· a:nended. ' , .. \. ~-'.::,~ -~, -~ ;~-<. :: .,': ' , .-' '. ,",' , ' . ,": " . , :' -~. . • ':!', -','; '.' , .. '-:-.:::~' .. :: . '. , "-,jI& • .. '·'··e·····;;:,·:-' ~ . . . . " -~-. " "': ... • _..It. .' . " . . J \ ,-~ . -.. " ) '. ~ , ... ' ~'~:, + ~-~ . .' STATEMENT OF AGREEMENT": ::':"~." :>~'-;'> .~" " ':':':. " • . ',:' <.' , ." • • ~ ." . -' .. -... ,- : TENTATIVE SUBDIVISION :MAP':': < • :-'.;' .',', I'" <~ .. , .. ~ .. : .: .•.. ""',' '> ... ~., .:." • • ,~ ". ~ ( . 1-' ~ " . ) .. 1+ :.,' I;:. ,'-. • . ;,.,~ . . -. ;. ., -. ~-." ... ." •• ~'. • k~' :··~·.',t;·.·;:-i·,. :< ~ , ... " . ~.' ,.,~., ~';~ ~'.:" . ; __ •. ;~, . '! :-'.-, ~ ," _ ," :,i,. ,'" ~ ... ~.';!~t:: .. : ... :o • ':' ~ ~.' ".': ":,'!I'he" Subdivision 'Map Act and .-the; :c·a~l,sb·~a :'M~i~ipal' ~C6de:;'~~t~ .~~ ::' ";.'«~.' ';"':' <>::fifty (~O) day.time restriction .()n ~,laprii~g.:~Commi~slon,,·proci.e~sing ... ::' ·:~.';pf Tentative Maps .a,nd a thirty ,,(-3D) ~daytime 'liInit.;for:·City:'·~'.~!,,~.:.;··,·: ", '. :'~:,·/Council .'action. .·These time limits can only ;be .. ,e~tenaed :by ·the .. ;: ' .... ' .. ' . ""::'~'mutual' concurrence of the applicant .apd· ,the "Ci:ty.·~' . .j~Y' accepting.:, " '" ~':·'''·<'·applications ,'for Tenta:t;.!.-~s ~concurrently:,with :appl.ications ':'.1,' , '. : :.' :,Ior 'other approv~ls QIiichare prerequisite~ to 'the 'jnaP: ·;:i.e~" '''', "::,:' "~.Environmental Assessment, Environmental :Impact'iteport.,Condominium . I . ,:<~P,lari,. 'PlannedUni.t Developrnent,;:etq •. ,'''.:the :;fi'ft~~'J5,O.L·:;p.aYtime •. , . .'.,.:,' ,:limits ,ana thethi~ty '(3-O)·day :timelimitsare,:oftenexceeded. " .. , .. '':,. ':""":.:i .:> 'If ·youwish ·to ;have your 'applicatio~ processed::.¢C?ncu~ren.tl.y~'·· .:. ,.:.:,:'-.. thiS,agreement·must ;be' .signed by·-;the .applicant ~ot :his·tagent. ·If : ~L ':. ·you choose not to 'sign thesta.-t~ment ~ . 'the .. C~ ty '-w-l.1.1 not ~accept ':.-. ~, ' , '. '~c'your .application for the Tentat1.ve .. Map:url.til:.,al,.l :;prior :necess~rY' . ,<. " ", :entitlements have been 'processed "and appro.vea~ ," -.-; ;:'. ':";i". " .•. . ~. ': . ". . " ".-, ." '.;':.::: ~. "·The ·undersi~ed·.~d~rs·tarids that the' .prdces~l~~·~i~e··';equir~d .. by' '. '. ,,;", . 'the City mayexoeed the time limi t·s, .~therefo:z::e~he Undersic3IlE!d " .' .,-:.'~ ,agrees to extend ·the .:time limits for ,pJ.anning.comm;issionand .. ' . .:' ,:ti ty 'Council action ,and ·fullyconcJlrs. with 'fJ,ny .el(tensions . of . . , .<:'::>.-:' . ~ime 'up to one year .from the date··the "application .was accepted ; '/ ..... 'as cO.mplete to properly .review al,l of ,·the· ·applications. :-~ ':~': . . ' " .' -"'," , -: ..... ~ , ·.k~=~ , .S'l.gnatu~ Jack Hen tho.rh . ', Name for·D. C o • , ;; ~ . . ,·Date ~elationship:to ~pPll.catl.6n :(Property 'Owner-:-Agent) '.'. .: . ,. -",: , , .. ~. . .' ":::' '..\,. -. ;.:'1 '.,' . . ' .' .......... . ,'. 1 ~ •• . ,', . . ,J .. :. , " ':':' ~/ .... -" -;~~ ~tt, -~:,' ~ ., ... ~ .~.~ ... ~ "",,'o,~, --r Form No. 1084 (10/73) California Land Title Association Standard Coverage Policy Form Copyright 1973 '. e • ... L:': 1 ,-.I'M I .. :'-1 178SL 9 0 lnr POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company r SUBJECT T~CHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest ~sa~ibed in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encu~~e on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate o~'nterest except to the extent that such invalidity, or claim thereof, arises out of the transaction vi enced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. y IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Com- pany may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, de- visees, survivors, personal representatives, next of kIn, or corporate or fiduciary successors. The term "ihsured" also includes (j) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re- serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (iil any/ governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or giJarariteeing said indebtedness;-or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. ' (e) "knowledge": actual knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) "land": the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real property; provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (al CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- ednesS secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a 'corporation, its transferee of the estate or interest 59 acquired, provided the transferee is the parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under, exclusive of costs, attorneys' fees and ex- penses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ij) the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- mined under paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the J~ured mortgage and secured by said insured mortgage at the time of acquisition eOf such estate or interest in the land; or -a It "-A -: CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (bl CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF AC"f.IONS -NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (j) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iiil if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (dl Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction , and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (el In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever re- quested by the Company, such insured shall give the Company, atthe Company's expense, all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estat~ __ interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE - LIMITATION OF ACTION In addition to the notices required under Para- graph 3 (b) of these Conditions and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Corn- pany within 90 days after the insl,lred claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam-age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably' be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no' case exceed the least of: (j) the actual loss of the insu red claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in paragraph 2 (al hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- ness, plus interest thereon, provided such amount shall not include any additional principal indebted- ness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay. in addition to any loss insured against by this policy, all costs im- posed ~on an insured in litigation carried on by . (Continued on inside back cover) CLTA Standard Coverage Policy nrt C-697 SCHEDULE A Title Fee: $724.00 ,Amount 'of Insurance $172,700.00 Date of Policy: February 29, 1984 at 8:00 A.M. 1. Name of Insur ed : The Estate of ELLA M. MEDEIROS GREGORY F. CHASE AND RENEE M. CHASE • Policy No. 864121-8 2. The estate or interest referred to is at Date of Policy vested in: GREGORY F. CHASE AND RENEE M. CHASE, husband and wife as joint tenants 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: FEE ;. . • . , t ,-.'. CLTA Standard Coverage Policy SCHEDULE B This policy does not insure against loss or damage, nor against c·osts., attorneys' fees or expenses, any or all of which arise by re~son of the following: Part One: 1. Taxes or assessments which are n'ot shown as existing liens by the records of any. taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shoWn by the records of .such agency or' .by the 'public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection' of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof which are not shown by the public records. 4. Discrepancies, conflicts in b,1lndary lines,· shortage in area, encroachments, or any other idcts which.a corr~ct survey would disclose, and which are not shQwn by the public records. 5. (a)' Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any rights, title, .interest. estate or easement in land beyond the lines of the area specifically described or referred to in Schedule 0, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but not~ing in this parag~aph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any laws, ordinance or governmental regulation (including but not limited to building and zoning ordinance) restricting or regulating or prohibiting the occupancy, use' or enjoyment of the land, or regulating the character, dimensions or location of. any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of 'any such law, ordinance or· gov!!r.nment~l regulation. 8. Right.s of eminent domain or governmental right~ of:police power unless notice of the exercise of such rights appears in the public. records. ~', : .' 9. Defects, liens, encumbrances, adverse claims,' or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at, Date of Poli'cy or at the date such claimant acquired an estaJe 91" interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date ,such insured claimant became an insuredhereUIlderj (c) resulting in no loss or damage to the insured claimant; (d) a,ttaching 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 been a purchaser or encumbrancer for value Without knowledge. ~. , , , CLTA Standard Coverage Policy SCHEDULE B Part Two: 1. Second Installment, General and-Special taxes for the f;lsca;L year 1983-84. 2. The lien of supplemental taxes assessed pursuant to Section 498, Statutes of 1983 of the 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 for underground drainage pipeline and inci4ental purposes in favor of Marian K. Staver, a married woman, as her sole and separate property. recorded August 25, 1981 as File No. 81":2715'55 of, Official Records, described as follows: Commencing on the line common to Lot 17 and Lot 18 and the Northwesterly line of Acacia Avenue as shown on said Map No. 1741'; t;hence Southwesterly along the Northeasterly line of Acacia Avenue, 58.09 feet to the Northeasterly line of this easement and the Point of Beginning of, this description thereof; thence Northwesterly, parallel to said line common to Lot 17 and Lot 18, 321.54 t~et, more or less, to the lina c~on tQ Lot 17 and Lot 24 of said Map No. 1747; thence Southwesterly along the lasts~id common line, 5.00 feet to a point that is 63.09 feet, measured on the last said common line from the most Northerly corner of said Lot 17; ,thence Southeasterly, parallel to the common line to Lot 17 and Lot 18, 301.54 feet, more or less, to a point 20.QO feet, measured parallel to said common line to Lot 17 and Lot 18 from the Northwesterly' line of Acacia Avenue; thence Southerly 25.00 feet, more or less, to a point on the Northwesterly line of Acacia Avenue, said point being 20.00 feet Southwesterly on the Northwesterly line of Acacia Avenue fran the Point of Beginning j thence Northeasterly along the said Northwesterly line of Acacia Avenue, 20.00 feet to the Point of Beginning. 5. A Deed of Trust to secure an indebte4ness in the original princ;lpal sum of $64,000.00, recorded February 29, 1984 as File No. 84-072453 of Of~icial Records. DATED: February 2nd, 1984 TRUSTOR: GREGORY F. CHASE AND RE~E M. CHASE,husban~ ~nd Wife TRUSTEE: CAL-WEST MORTGAGE CO., -a California corporation BENEFICIARY: The Estate of ELLA M. MEDEIROS, deceased , .. :;'.. .:,"~' • SCHEDULE C The land referred to in this policy is situated in the State of California, County of San Diego and is described as follows: Lot 17, Block "P" 9f PALISADES, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, file4 in the Office of the County Recorder of San Diego County, February 5, 1923. EXCEPTING the Northeasterly 58.09 feet of Lot 17. -' . , ." .. -.~ aca \ e· '. INDORSEMENT • ". -' .. Attached to. Policy' No. 864121-8 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intendi.ng to provide additional monetary protection to the Insured Owner named i!1 said Rolicy, hereby modifies said Policy, as follows: 1. . Notwithstanding anything contained in said Policy to the contrary. the amount of insurance provided by said Policy, as stated in Schedule A thereof. is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2: "Adjustment Date" is defined. forthe purpose ofthis Indorsement, to be 12:01 a. m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse- ment is attached. and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates. as defined above. by increasing the maxi- mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of Septem\;>er immediately preceding ex- ceeds such Index for the month of September one year earlier; provided. however. that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy; less the amount of any claim paid under said Policy which. under the terms of the Conditions and 'StipuICltions, re- duces the amount of insurance in force. There shall. be no annual adjustment in the amount of insurance for . years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company unqer said Policy, the amount of insurance'in force shall be deemed to be the a:r.ount which is in force as of the date on which the insured claimant first learned cf t!le assertion or possible assertion of stich claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions' and stipulations therein. except. as modified by the provisions hereof. - First American Title Insurance Company , ~. , . . , NOTE: I n connection with a future application for title insurance covering' said land, reissue cr.edit on premium charges (if applicable at all) will be allowed only upon the original face' amount" of insurance as stated in Schedule A of said Policy. !=A -11 (9·30~74) Owner Inflatio,n ac"a t ·e -- INDORSEMENT Attached to Policy No. ·864121-8 Issued by First Americlln Title Insurllncf! Company 1. This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the ·purpose of this Indorsement the term "residential structure" is defined as the principal dwelling structure located on said land together. with all improvements thereon related to residential use of the property except plantings of any nattire, perimeter fen~es and perimeter walls, and the term "Insured Owner" is defined as any insured named in paragraph 1 of Sched\.!le A and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. 2. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public str.eet; (2) any statutory lien for labor or materials attaching to said estate or interest arisi"ng OUt of any Work of im- provement on said land, in progress or completed at the date of the policy, except those liens arising out 9f a work of improvement for which the insured has agreed t~ be responsible. b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of the Policy of: (1) any encroachment of said residential structure VI liftV part thereof onto adjoining 'lands, or onto any ease- ment shown as an exception in Part II of SchedUle B of said Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub·lease, or contract of sale referred to in this Policy; (3) any violation of a'pplicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential struc- ture; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to the' residential structure resulting from the exercise of any right to use the' surface. of said land for the extraction or development of the minerals excepted from the description of said land or shown.as a reservation in Schedule B. . . The total liability of the Company under said Policy and all indorsements attached thereto sha!1 not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions.and ~tipulatiQns thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulation~ therein, except as modified by the provisions hereof. First Americlln Title !nsurllnce Company BY BY -, CL TA Form 126.1' (6-5-751 .. : ~_.' ..... _.. .. One-l7our Family ~.'; . ~ . -'. ~:." ~~,: .. ; :,;~"!~"",,"':'-,-:' ~-. -'e CONDITIONS AND STIPULATIO. (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8_ REDUCTION OF INSURANCE; TERMINA- TION OF LlABI LlTY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, ifthe owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability ofthe Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the i nsu red owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by osuch insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this pOlicy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. , • _0 11_ LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse- ments and other instruments, if any, attached here- to by the Company is the entire policy-and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the prOVisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy. Ii -, {. re e I ' -. ~".. .I Policy " of Title Insurance ~s'\: 4,' AMEl{lC <1~ ® First American Title Insurance Company NATIONAL HEADQUARTERS: 114 E. FIFTH ST., SANTA ANA, CA 92701 • (714) 558-3211 "" __ "" ___ .--1 .. . , .~- " ",' .: '; 1~i *~'{t1~ A"~~~ 'Ji'~;~ ~~. t~' .~~f.:~~ :~f:~ 1~\t' ~j·~f~ r'·!.iJi-,~-,\, J.' " • ~ .... . ~2lt·t " 'f1 ;""'W sf.' M wHlpr. "fcoao«O ""u,-'0 ~rlrr~nRr,ro INil or; ICI/II. f/I (;C lllIio; 01 5'11 OI(GO COUNIV. CA. ,-I 2-()t!-/57J ~ ZI 1984 FER 2 9 AM8:00 ! VER" L LYLE. I L.!:0urm .ECORDr'!....j \ Mr. and Mrs. Gregory Chas. 3714 Rosecroft Lane San Dlego. CA 9210& 0"01" NO 864121-8 1!lCIIQW "'~ 65110 I GRANT DEED .IINllIvmUAU The II/Id.,,/gned grlntorlll CleClarecll: Doc:unMnlary l'lnll •• 1111 •• __ -_o:_Jnte!:!~5.1 transfer I • Compuled on fuM .llu. 0I1HOP1'tY conwyed. o. I ) Computed on lun vlllll ...... 11M 01 ..... and enc~allCla _Intne .11 ..... 01 ..... I ) Uninco<_.114 .raa I ) CItr 01 _______ _ T.I PlICal No. _______ _ GREGORY ,. CHASE FOfI A VALUABLE COHSlDE .. ATION. 'does HEREIY GRANTTO GREGORY F. CHASE AND RENEE M. CHASE. husblnd Ind wHe IS joint tenlnts till '"' IIfOI)I1'Iy ill 'III Couftly GI ___ ~~..!I.~ ___ ... 111" 01 Calilornia, dllCribed •• : Lot 17. "ock .p. of ·PALISADES. In the Ctty of Clrlsbad. County of San Diego. Stitt of Cll.forn'l. Iccordlng to Hlp thereof No. 1741. f.led In th. Offlc. of tile County Recorder of Sin Diego County, February 5, 1923 .. EXCEPTING the Itort.tlterly 58.09 f"t of Lot 17. .:::'. Oa"cl. _______ F.eb . ....13....lJ04, ____ _ ~T'TC n£' ral ICnDuta -'--I I ,: I I I , 1 ._-----(' Z , or: : I CO ,I, t·, , I , :.i 1 ~" HOY,,"" • ." ... 0" lIT"" '> ~.- it .... ( , !. " '. x -.", ~ .' '.' , }, "";:. ~ • ,> , : - " .. , .. ~ ,. • --1~""""""i ______ • __ '" _~,,_ ... __ ..... --..... : " Nt , i " l\~ ,j () (,' /' i , RECORDING REQUESTED iYI J~. llftlOal'!"l'.· tmlW"--.. ~ )', WHEN RECORDED MAIL tOl 1 CREGORY F. CHASE ~ c/o Point Lorna Real Eatate • Rebert Leander8 20f-/5:{) --;~I --:f .. t Village Plaza Building 1050 Rosecrans street, Suite' San Diego, California t~lO' ;I~ £/~ 1.50-,;q i~f.\4 f t R ;! H AMS:OO I ,vtRA L LYLE I U0l!NTl ~[CORD{!...J /'t" tll.1/_/ MAIL ~AX STATEMENT to. GREGORY r. CHASE c/o Point Loma leal Istate lobert Leandera 1050 loaecrana St., 'uite 8 '8n Die90, Califor'n18 '2106 DOCUMENTARY TRANSFER TAXI $190.30 '''"TUE'R, PINES, McCAtl.N • GOLDS,Tlltt Ccl'l/"'ttd e.n -Iu.u 1'>1 J<u.-','/ "...~.,.r Bya Co ,}pg& c:c.\Th\.\ " 'C. DANIEL CARROLL Agent for Grantor EXECUTOR" DEED 1, CLAUDE D. MILLIORN, aa Eaec~tor of the Estate ELLA ". REDIIROS, deceued, do bereby grant to GREGORY F. CHASE an that real property Situated 1n the City of Carlsbad, San Oiego ,County, Cllifornia, described as fQl1owa. Ileal property ducr 1bed as to't 17 of Block P of PALISADES, according to Map thereof No. 1747, filed in the Office of the Cpunty Recorder of San Diego County February 5, 1923, excepting the Northea.terly 58.09 feet of liot 17. (Com_only, known as 282 "cacia Street, CArlsbad, California '2008) Asaessor'a Parcel No. 20'~150-21 Thie deed is .. de pursuant to orde.r ef the Super ior Cour't, County of San Diego, State of California, in the,~atter of the .. tate of ELLA ". "8OIIROS, deceaaed, Cale No. PN 10223. Ixeouted On rebruary ~, 1'84, at lio Vista, California. ". .,. ... , CL"UD£ D~ MILLIORN Eaecutor of,the Estate of Illa ". Medeiroa, deceaaed ',' I 1 i i -:- I i,' ,- j, ~ ; 1 :;L .4 ~:l "f il ~ < -/ -: _~t 1- " ~~ it ,~ ./ ~-i' '., " f " . ~~ L I ... • / / ( 'STATE OF CALIFORNIA COUNTY OF saliM ) ) ... ) ·1 1 f II On febr~Ar't 6 , 1984, before me, the undersigned; /I, Notllry Publ en and for said State, personally appeared Cl~UDE D. M1LLIOR~, known to me or proved to me on the I?asiil of satisfnctory cviih·ncc. to be the person whole name is lIublcribed to the within instrument nnd acknowledged that he executed the lame. WITNESS ., hand and official ••• 1. 't '. , .\ , '''' .' .~ .. _'.---".--- I Z \ .Q \ ffif~ " .\ • '0; i ,<-,.' ~J .---. ~,4 i:fl '~ ~: II i~. 'j~1 ,~; , jit 1 '~: ~.~ ,'~~ --, ig ~ 't~ t~ q\l 'i Ill: :~' JI :~;:1 ;J;J' ;'l~r; vI "{lli 'r~~ 1~1rt nH i] 'Ji: " :i, , 1 :'i ;,~ ,k ,It, -i-< T til .. "..: !"" j' I \1 'Ii fi itt I ,~ .~ ~ ~,~ J ;~ <"Ii r~ ~ , , 1f '~l j e RECORDING REQUESTED BY AND WHEN ~ECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) •• Space above this line far 'Recorder's Use 'Doc~me~tary transfei t~x: . $ 'No fee • ~A~'~ .. ~ .~,. 1. r..~.; .. . ,,/ --' «( (' ,. <-I,. -". ~ . 'I -. -. Sf'gnature.·of "declarant de,ter t.ax-firm nam'e City of C?rlsb~d Parcel No. 204-1,0-21 AGREEMENT BETWEEN DgVELOPER-OW~ER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A pbBLIC FACLLITIES FEE \ . THIS AGREEHENT is entered into this 25thay of ~a.y , '19 84 -----'--'-=--.,--- ~y and between ____ ~G~r_e~g~o~r~y~~F~.~&~~~e~n~e~e~M~l~.~O~h~a~s~e __________________________ _ (name ~f developer-bwner) , Joint ;:tenants --(~c~o-r~~~o-r--a~t~'i-o-n-,---p-a-r~t-n-e-!-s~h-i~p-,--e-t-c-·-.~)-hereinafter referred to as . "Developer" whose address is 3714 Rosecraft L~ne (street) San D1ego, Oa11for~1a 92106 'a,n'd THE CITY Of (City, state, zip code) CARLSBAD, ~ municipal corporation of the State of California, hereinafter referred to as "Ctty", whose address is 1200 Elm Avenue, Carlsba4, California, 92008. WIT N E SSE T H: WHEREAS, Developer is the owner of the real prop~rty described on Exhibit' "A:, at.tache.d h~reto and mad·e a part of this agreement, hereinafter r~ferred to as "Property',,; and WHER'EAS, The Property lies within the boundax:ies of Cit)!; an.d '. WHEREAS, Developer proposes a development project as {ollows: Fourteen resident1al apartment complex REV 4-2-82 I, l. .,,~ • ,I 'on' '~aid Property, which.evelopment carries name of 282 Acacia and 1S hereafter referred to as "Development"; and I HHEREAS, Developer filed on the 25~h day of --.;M=a"'Y _________ _ 19 84 , ~ith the City a request for determination,relatiie to density Planning' Oomm1$s.ion hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Elemerit of the City General Plan requires that the City Council find that all public facilities riecessary to serve a development will be a~ailable ,c~ncurrent with need or ,such development shall not be approved (said ~leme~t is on file with"the City Clerk and is incorporated by this refe~ence); and WH E RE AS, De vel 0 p·e ran d Cit y r e cog n i z e the cor r e c t n'e s s . 0 f Co u n c i 1 '- Pol icy' No. I 7, d ate d Apr 'i 1 . 2, 1 9? 2 ", ,i n , f i 1 e 'W i th t h ~ .C i t Y tl e t k a:n d t· incorporated 'by' t.his r~fer.ence', and that the City's public facilities and services are at capacity and will no~ be 'availabie to accommodate the add{tional need for'·puolic. facilities, and services resulting from th~ proposed Development; and .' WHEREAS, Developer has ask~d the ~ity tD find that puhlic facilities and services will be available to meet the future needs' of the Development as it is presently proposed; but ~he Devel~per is aware ihat the City cannot and will not be able to make any such finding without financial assistance to pay for. such services '~nd f BC i lit ie·s; and the re fore, Deve loper propos est 0 h~ Ip sa.t is fy .. tpe General Plan as 'implemented by Council Policy No. 17 by payment of a pu?lic facilities fee. -2- REV 4-2-82 '. • I. ' .. : ~-.. I ., ., NOW, THE REF 0 R E, e con sid era t ion 0 f the r e _.a Is and the covenants contained herein, the parties agre~ as f~llo~s: 1. The Developer shall pay to the City a public facili~ies fee in an amount not to exce~d 2% of the building permit valu~tion ~f the building or structures tD be constructed in the Developmertt pursu~nt i to the Request. The fee shall be pai~ prior to th~ issuance ~f building or other construction permits for the ,d eV,e lopment and shall • be based on the valuation at that time. This lee shall be in addition to any fees, dedications or improvements Tequired p,ursuant to ~itles 18, 20 or 21 of the Ca~lsbad Municipal Code. Deveioper shall pay a fee for conversion 0 £ existing building or structures into condominiums in'an amount not'to exceed 2% of the building permit val~ation at the time of c6nversion. The fee for a cop dominium conveision shall be paid prio~ to the issuance of a condomi'nium c.onvers~on p'ermit as provided in Chapte,r 2). .47. of the" " , " ' Carlsbad Municip~l Code. Co~dominium 'shall incl~de community apar'tment or sto'.ck cooperative. The terms' "other constr~ction permits", "other' construction permit" ana "entitlement· for use" a~ ~ , . used in this agr.eement, ,exce.pt in reference to m~bi1ehome sites' or p r.o j e c t s, s hall not ref e r tog r a d in g per mit s or other per mit s f or the construction of undergrouhd or street improvements u~less no, other permit ,is necessary prior to the use or occupancy. f.or whi'ch the development is intended. Developer shall pay to City a public facilities fee in the 'sum of $1,150 for each mobilehome s'pace to be . constructed pursuant to the Request. The fee shall b~ the issuance of building or other construction permits p'a id pr'i or f o'r t 11 e \t.- to development. This fee shall be in additi6n to any'fees, d~dica~ibns ~r improvements requir~d according to Titles 18, 20. or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 , -.... -\.- ,2. The Developer may offer to donate a site or sit~s f~r ,public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate ~ si~e of 'sites for public facilities, the City shall consider, but is not ob~igated to ~ccept the.offer. Th~ time for donation and amount of credit'against the fee ~hall be determined by City prior -to the iss'uance of any bui18ing or oth,er permits. Such de t ermina t ion ,whe_n made, shall become a part of this agreement, Sites donated under this paragraph sh,ll ~oi include i~provements re~ujre~ puriu~nt to 'Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursua'nt hereto are required to ensure th~ consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the -. " . development will not be consist~nt wit~ the General Plan and ahy approv~l or permi~ for' t~e De~elopment sh~ll be'void. No:, bui Iding~ or other construction permit o~ entitlement for us~ shall be issued until the public facilities fee tequired by thi~ 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 heed exists to provide the facilities and sufficient funds from the payment of this and similar public fa~ilities fees are available. 5. City agrees to provide upon request reiilsonahle ass,urances to . . enable Deve'loper to c'om'ply with any~'!..:quiteme,nt~ of' other.'pu'blic ~ , agenc1es as evidence of ~dequate 'public facilities and . " serVl.ces sufficient to a~commodate the needs of the Development herein described. -4- . ,--'.., All 0 b 1 i gat ion. ere u n d e r s h a 11 t e r m'i nat. the eve n t the. , , .. 6. Requests made by Developer are not approved. --7. Any notice from one party to the other shall be 1n writing,. and shall be dated and signed by the party giving such notice or ~y .~ duly authori~ed representative of suc~ party. Any such notice sball not be effective for any purp'ose whatsoever 'unless served .in ·on·eof the following manners: 7.1 If notice 1S glven to the City of p.ersonal .delivery thereof to the Cit~ or by depositing same 1n the United States nail, addressed to the City at the addres~ set forth herei~, enclosed in a . . sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice' is given to Developer. by personal delivery. thereof to Developer ox by depositing the same i~ the United State~' Mail, eric10sed 1n a sealed en~e19~~, addressed to Devel~~er,at"~he address as may have been ~esignated, postag~ pr~paid pnd certifie~. 8 •. This agr~ement .. shall be 'b'inding up,0n ~n~ shall in~re toth~ benef;it of, and shall apply tc;>, ·the respect.ive 'successors and ,a:ssigns. of Developer and the City, an~ 'references to Developer or City her~in shall be deemed to be reference to and inclu~e their respective successors and assig~s without specific mention of such successors and as.sigps. If De'veloper should cease to have any inte.rest i.n the Property, all obligations of rieveloper he~eundet sha)l terminit~; provided, however, that any successor o~ De~eloperfs interest in the , prop.erty shall have first assumed in writ"ing the Developer f s o~ligations hereunder. 9. This agreement sh'all be' recorded ,but shall not c.reate a lien , . ~r security interest in the Property. ~hen the obligations ofehis. agreement have been satisfied, City shall record a release. -5- REV 4-2-82 ., " , " IN WITNESS WHEREOF, this agreement 18 executed 1n San Diego . f the date ,first written above. County, Californ1a as 0 DEVELOPER-OWNER: (name) BY Gregory F. Chase & Renee M. Chase joint (Title) tenants , .. ,V' . '. BY . , ATTE'ST: "ALETHA L. RAUTENKR'ANZ, City Clerk' ,i APPROVED AS TO FORM: , ' GENERAL ACKNOWLEDGMENT " . CITY OF'CARLSBAD, a corpo~axion of ~he State of California municipal " BY __ ~~~~~~ __ --------~ City Manager " ' • State of California } ss. On this the 6th day of ___ J_un_e ____ --,-_19 84 , before me, County of San Diego .IIIIIIIIIIIIIIIIIIIIIIIIIIHII.II.llIImllllflnlllRlla I .. ~'~·K" GAIL LEE DAWSON I i 1"!l.' ft..;' NOT ,<I.f-~Y PUBLIC-CAliFORNIA 5 I ~" l, , PiilNCIPflL ()Fn(~E IN = '~ -< .... ,.,' ~';M~ OlfCU cour,n y i My Commission Expi",s Ocl. 2G, 1984 ; ""IIUlUllHfalll""II.n'Ultr¥'''=tl'UII .. a~IHIII. Gail Lee Dawson the undersigned Notary Public, personally appeared Gregory F. Chase and Renee M. Chase J[J p~rsonally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal. . NO. 201 ~?.&:&A""/..-'--,,",~?~~?~~~??~~ 7110122 O)ue ~~ " ;f!uv#?U, Notary's Signatur ' . J NATIONAL NOTARY ASSOCIATION" 23012 Ventura Blvd. PO Box 4625 • Woodland Hills, CA-,91364 ,. .. ~ ~ .... ~\"-"t ~. '.:.~ , . ,~,t.- \ l ,,-EXHIBIT "A" LEGAL DE~CRIPTION t" . Lot 17, Block IIp'' of PALISAI)ES., in·the City of Carlsbad, Cou~ty of San Diego, State 'of California, according to Map thereof NQ. 1.747, filed 'in the Office of the County Redo:tder of San Diego Coun.ty, February. 5, 1923. EXCEPTING t~e Northeasterly 58.09 fee~ of Lot 17. • CASE ro.: ~p_(1_D_-_7_c:; ___ _ EXEMPT OR EXCEl?'IED: ---------------------- Posted: --------Prior CQnpliaoce: --------------Published: . --------- Filt;!d: Filed: -------- ~TIVE DEX:IARATICN: __________ _ Posted: /O-..:2t1-8c.{ Published: IO-;17~L( Notice of Detenni.nation: _____ _ ~ IMPACT REPORT: \' Notice o:e',' ----....,No~ti .... • ce-.-· o.....,f=-- Preparati~: ., ' Cotpletion:--,-_--'---..,,- PIANNING mMISSICN 1. Date of Hearing: ____ ..4J,J1.....l~ d~8'......!.,g:....<:f:.....-______ _ 2. Publication:·AlIA ----------~~(~-------- 3. Notice to Property <Mners: . /J In -.....:.-J~------ 4 '. Resolution No. cR3'l7 .. (COntinued to: ·Con+ln!2e.d.' TrideJiidclc.e 5. ~:. ---------------.....:.---- CITY CXlJNCIL 1. Date of Hearinq:_' _' . __ . ut~)"'/-'l .... l'_· __ ' _' _. _' _' '_ J 2. Notices to City Clerk:_' _'_' ..J.:o/Q~"J~It.l..'-' _' _____ _ I 3. Agenda Bill: ' , . ---~------------~--- Notice of Detemination: ----.-.,..---- 4. Resolution No~_' _' _' ' ____ ' _' '_' _' '_' _' _' '_' _' __ ~te:·""""" , J\CTICE: ' ----,-- 5. Ordinance No ~ ------------------- CORRESPCND:Ela SWf Report to Applicant: __ ' _' '_' _' '_' _' _'_' _' '_'_' _' _ Resolution to AJ;plicant:_'_' '_' __ ' _' '_'_' _' _'_' _' '_'_' __ Date: ' " """" <'.