HomeMy WebLinkAboutSDP 85-02A; FARMERS INSURANCE GROUP; Site Development Plan (SDP)City of Carlsbad • $365.00
2075 Las Palmas Drive
1 Carlsbad, CA 92009
(619) 438-1161
• Fee
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PLANNING DEPARTMENT
SITE DEVELOPMENT PLAN
(Amendment)
Complete Description of Project (attach additional sheets if necessary)
Addition of a 3 level, 45,822 S.F. office buildinq to an existina 3 level R04Rf) S F
office building, along with a 17.3 car temporary on-grade parkinq lot.
Location of Project
Southwest corner of Faraday Avenue and El Camino Real. -~-
Legal Description (complete)
Parcels 1 and 3 of P.arcel Map 14258 in the City of Carlsbad, County of San Dieao. State
of California. According to Parcel Map 14258 filed in the Office of the County Recorder
of San Di:ego County, April 18,1986, Fil e Numt er 86-151574 of Official Records.
Local Facility Management Zone Assessors Parcel Number
5 212-062-12. -14
Zone General Plan Existing Land Use
CM Pl/0/U/TS/C Office Buildinq
Proposed Zone Proposed General Plan Site Acreage
CM Pl/0/U/TS/C 12.05 Acres
Owner Applicant
Name (Print or Type) Name (Print or Type)
F.r.G. Holding Company (A California Corp.) Deems Lewis McKinley
Mailing Address Mailing Address
4680 Wilshire Boulevard 320 Laurel Street
City and State Zip Telephone City and State Zip Telephone
Los Angeles, CA 90010 213/932-3275 San Diego, CA 92101 619/234-9844
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE. ~ DATE ~~ ~::~n ~~~ '~ . --~ -" . .-'57 --->~
Date ApplicatiorvRec'd ~eCeiyed By /0 Fees Received / Receipt No.
7-1-88 :wr;;' ~~t1~ ~ c(J tf> o<{6 .. 60 81o?1 .....,
PROJECT NUMBER (S) ~DP "86-~CA)
Form No.1 068-1 (6/87)
Exhibit A to Preliminary Report • •
Preliminary
Report
First American Title Insurance Company
I
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAG'E POLICY· 1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following:
Part I
1. Taxes or assessments which are not 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 per-
sons in possession thereof.
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 anyotherfacts which a correct survey would disclose, and which are not shown 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 titie to water,
whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing in this paragraph 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 law, ordinance orgovernmental regulation(including but not limited to building and zoning ordinances) 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 ora change in the dimensionsorarea of the land orany parcel of which the land is orwasa part, whetheror not shown by the public records at Date of Policy,
or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy.
8. Rights of eminent domain or governmental rights 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) whether or not shown by the public records at date of policy, but created, caused, 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 Policy or at the date such claimant acquired an estate or 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 insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching orcreated subsequentto 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B· 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Anylaw, ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating orprohibiting 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 of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company
and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy
and not disclosed in writing by the insured claimant tothe Company priorto the date such insured claimant became an insured hereunder; (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 value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
WiTH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2
above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, orclaimswhich are not shown by the public records but which could be ascertained by an inspection of said land orby making inquiryof per-
sons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furniShed, imposed by law and not shown by the public records.
AMERIC
-r
1
ORDER NO. 964759-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MARCH 16, 1988
FARMERS INSURANCE
4680 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA
ATTN: PAT MILLER
OUR ORDER NO. 964759-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCWSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY-FORMS
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MARCH 7, 1988 AT 7:30 A.M.
GREG
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ORDER NO. 964759-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
FARMERS INSURANCE EXCHANGE, AS TO AN UNDIVIDED 71.06% INTEREST; TRUCK
INSURANCE EXCHANGE, AS TO AN UNDIVIDED 20.80% INTEREST; FIRE
INSURANCE EXCHANGE, AS TO AN UNDIVIDED 8.14% INTEREST, AS TENANTS IN
COMMON, AS TO PARCEL A AND F. I • G. HOLDING COMPANY, A CALIFORNIA
CORPORATION, AS SUCCESSOR BY MERGER TO A. I . F. HOLDING COMPANY, A
CALIFORNIA CORPORATION, AS TO PARCELS B, C AND D
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE AS TO PARCELS A, B, C AND D AND EASEMENT AS TO PARCELS AI, A2,
A3, B1, B2 AND B3
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1988-89, ALIEN,
NOT YET PAYABLE.
2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1987-88.
AS TO APN 212-062-13.
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ORDER NO. 964759-15
3. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO. 869-015-99-86.
ORIGINAL-1ST INSTALLMENT $11,096.00 PAID
ORIGINAL 2ND INSTALLMENT $11,096.00 PAID
NOTE: NO DETERMINATION IS MADE AS TO THE ,ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT
REVENUE AND TAXATION CODE.
PAID
TO THE CALIFORNIA
PARCEL NO. 869-052-70-36.
ORIGINAL 1ST INSTALLMENT $372.98
ORIGINAL 2ND INSTALLMENT $372.98
DELINQUENCY CHARGES: $37.30
OPEN (DELINQUENT ON 04/10/88)
1ST PENALTY
$47.30 2ND PENALTY
NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO. 859-517-90-56.
ORIGINAL 1ST INSTALLMENT $984.35 PAID
ORIGINAL 2ND INSTALLMENT $984.35 PAID
NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
5. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
6. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED JULY 17, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE KNOLL COMPANY AND THE CITY OF
CARLSBAD.
RECORDED: JULY 23, 1980 AS FILE NO. 80-230925 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
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ORDER NO. 964759-15
7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 22, 1982 AS FILE NO. 82-
114942 AND RE-RECORDED MAY 12, 1982 AS FILE NO. 82-141190, BOTH
OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED DECEMBER 10, 1987 AS
FILE NO. 87-682096 OF OFFICIAL RECORDS.
AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED JANUARY 19, 1988 AS FILE
NO. 88-024160 OF OFFICIAL RECORDS.
THE RIGHTS, POWERS, OBLIGATIONS AND DUTIES OF CARLSBAD RE.SEARCH
CENTER, A CALIFORNIA GENERAL PARTNERSHIP, COMPRISED OF KOLL
CARLSBAD ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP AND URBAN
DIVERSIFIED PROPERTIES, INC., A CONNECTICUT CORPORATION, UNDER
SAID DECLARATION, WERE ASSIGNED TO UPLAND INDUSTRIES CORPORATION,
A NEBRASKA CORPORATION, BY ASSIGNMENT RECORDED JANUARY 19, 1988
AS FILE NO. 88-024161 OF OFFICIAL RECORDS.
8. A 20 FOOT WATER EASEMENT IN FAVOR OF COSTA REAL MUNICIPAL WATER
DISTRICT AS DELINEATED AND DESIGNATED ON MAP NO. 10330.
AFFECTS PARCEL B.
9. A 15 FOOT SEWER EASEMENT IN FAVOR OF THE CITY OF CARLSBAD AS
DELINEATED AND DESIGNATED ON MAP NO. 10330.
AFFECTS PARCEL D.
10. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM EL CAMINO REAL ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10330.
AFFECTS PARCELS B AND D.
11. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE
PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA FOR THE DEDICATION OF A PORTION OF LOT 12 RESERVED
FOR FUTURE STREET, AS SHOWN ON THE MAP OF SAID TRACT, WHICH-·
PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN
AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD.
AFFECTS PARCEL D.
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12.
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ORDER NO. 964759-15
AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE' RIGHT OF INGRESS AND
EGRESS IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY BY
INSTRUMENT RECORDED JANUARY 4, 1983 AS FILE NO. 83-002506 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT 4 OF CARLSBAD TRACT NO. 81-10 SUBDIVISION AS SAID LOT IS
SHOWN ON MAP OF SAID SUBDIVISION, FILED FOR RECORD AS MAP NO.
10330 ON FEBRUARY 18, 1982, IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON A STRIP OF LAND
4.00 FEET IN WIDTH IN SAID PROPERTY, LYING SOUTHEASTERLY OF AND
COINCIDENT WITH THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 4; THENCE NORTH
77 0 27'54" EAST, 17.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 642.00 FEET; THENCE EASTERLY
AND NORTHEASTERLY 287.55 FEET ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 25 0 39' 47"; THENCE RETRACING NORTHWESTERLY ALONG SAID
CURVE 46.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTHWESTERLY ALONG SAID CURVE, 17.00 FEET TO THE
POINT OF TERMINATION.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL B.
13. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED JANUARY 3, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: A.I.F. HOLDING COMPANY AND THE CITY
OF CARLSBAD, A MUNICIPAL
CORPORATION.
RECORDED: MARCH 13, 1985 AS FILE NO. 85-083610 OF OFFICIAL
RECORDS.
AFFECTS PARCELS A, B AND C.
14. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED FEBRUARY 11, 1985, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: A. I. F'. HOLDING COMPANY AND THE CITY
OF CARLSBAD, A MUNICIPAL
CORPORATION.
RECORDED: APRIL 2, 1985 AS FILE NO. 85-111230 OF OFFICIAL'
RECORDS.
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15. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN, THE NECESSARY FIXTURES AND APPUR~~NANCES, INCLUDING BUT
NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND
COMMUNI~TION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 4, 1985 AS
FILE NO. 85-413440 OF OFFICIAL RECORDS.
AS SHOWN ON PARCEL MAP NO. 14258 AND MORE PARTICULARLY DESCRIBED
IN SAID DOCUMENT.
AFFECTS PARCELS A, B AND C.
16. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED FEBRUARY 11, 1986 AS FILE NO. 86-055205 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE
EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET,
MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY
FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JANUARY 9,
1887.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCELS A, B AND C.
17. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR AND
MAINTAIN WATER MAINS AND THEIR NECESSARY FIXTURES AND
APPURTENANCES, INCLUDING BUT NOT LIMITED TO, DRAINAGE SYSTEMS,
CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION
PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL
MUNICIPAL WATER DISTRICT, RECORDED FEBRUARY 24, 1986 AS FILE NO.
86-071921 OF OFFICIAL RECORDS.
AS SHOWN ON PARCEL MAP NO. 14258 AND MORE PARTICULARLY DESCRIBED
IN SAID DOCUMENT.
AFFECTS PARCELS A AND B.
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ORDER NO. 964759-15
18. AN EASEMENT FOR THE CONSTRUCTION, OPERATION, REPAIR,
RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR
THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING
AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER,
FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES AND ALL
NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY
KIND I WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND AND
INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER
DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA,
RECORDED DECEMBER 2, 1986 AS FILE NO. 86-554670 OF OFFICIAL
RECORDS, LOCATED WITHIN PORTIONS OF PARCEL 1 OF PARCEL MAP NO.
14258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED AS FOLLOWS:
STRIPS OF LAND 2.50 FEET IN WIDTH, MEASURED AT RIGHT ANGLES TO
AND IMMEDIATELY ADJACENT TO THE NORTHERLY AND SOUTHERLY SIDELINES
OF THAT CERTAIN 15.00 FOOT WIDE STRIP OF LAND GRANTED TO COSTA
REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED NOVEMBER 4, 1985
AS FILE NO. 85-413440 OF OFFICIAL RECORDS, THE CENTER LINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "A" AS DESCRIBED IN THE HEREINABOVE MENTIONED
DOCUMENT; THENCE SOUTH 83"11'53" EAST, 25.00 FEET TO THE POINT
OF TERMINUS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL B.
19. AN EASEMENT FOR THE CONSTRUCTION, OPERATION, REPAIR,
RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR
THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING
AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER,
FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND
ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY
KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND AND
INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER
DISTRICT, RECORDED DECEMBER 2, 1986 AS FILE NO. 86-554671 OF
OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 10 FEET IN
WIDTH, LYING 5 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT POINT "B" AS DESCRIBED IN THAT GRANT OF EASEMENT TO
COSTA REAL MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 4, 1985 AS
FILE NO. 85-413440 OF OFFICIAL RECORDS; THENCE ALONG THE
REFERENCE LINE OF SAID EASEMENT NORTH 83"11'53" WEST 159.54 FEET;
THENCE LEAVING SAID REFERENCE LINE NORTH 6 0 48 107" EAST, 10.00
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ORDER NO. 964759-15
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
6 0 48'07" EAST, 12.00 FEET TO THE POINT OF T,ERMINUS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
20. AN AGREEMENT REGARDING
NOVEMBER 6, 1986, UPON
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:
RECIPROCAL
THE TERMS,
EASEMENTS AND USE, DATED
COVENANTS, AND CONDITIONS
A.I.F. HOLDING COMPANY, A
CALIFORNIA CORPORATION AND FARMERS
INSURANCE EXCHANGE, TRUCK INSURANCE
EXCHANGE AND FIRE INSURANCE
EXCHANGE.
RECORDED: DECEMBER 31 ,
RECORDS.
1986 AS FILE NO. 86-623527 OF OFFICIAL
SAID EASEMENTS ARE DESCRIBED AS FOLLOWS:
(1) EASEMENTS FOR INGRESS AND EGRESS (ACCESS) OF MOTOR VEHICLES
AND PEDESTRIANS, OVER PORTIONS OF SAID PARCELS 1 AND 2 OF PARCEL
MAP NO. 14258 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON APRIL 18, 1986.
PARCEL A -ACCESS EASEMENT
A STRIP OF LAND 30 FEET IN WIDTH LYING 15 FEET AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT
BEING ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE AND ALSO
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 22 0 15' 17" EAST,
15.45 FEET TO THE BEGINNING OF AN 80 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29°03'24",40.57 FEET; THENCE SOUTH
6 ° 48' 07" WEST, 219.47 FEET TO THE POINT OF TERMINUS. THE
SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR FORESHORTENED
AT THE CURVE AND SO AS TO TERMINATE ON SOUTHEASTERLY SIDELINE OF
FARADAY AVENUE.
PARCEL B -ACCESS EASEMENT
A STRIP OF LAND 24 FEET IN WIDTH LYING 12 FEET AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED LINE: .
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT
BEING ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE ON' A 558'
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT
BEARS NORTH 28°31'48" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
PAGE 8
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ORDER NO. 964759-15
SAID CURVE THROUGH A CENTRAL ANGLE OF 7°59'12", 77.78 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE SOUTH
11°00'00" EAST, 126.17 FEET TO THE BEGINNING OF A 40 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°24'22", 20.53 FEET;
THENCE SOUTH 40°24'22" EAST, 20.60 FEET; THENCE SOUTH 83°11'53"
EAST, 203.03 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR
FORESHORTENED AT THE CURVE, ANGLE POINT, AND SO AS TO TERMINATE
ON SOUTHEASTERLY SIDELINE OF FARADAY AVENUE.
(2) EASEMENT (S) FOR THE CONSTRUCTION, USE AND MAINTENANCE OF
PRIVATE STORM SEWERS AND PRIVATE DRAINAGE FACILITIES, RESERVED
FOR THE BENEFIT AND USE OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO.
14258, OVER THE FOLLOWING DESCRIBED PORTIONeS) OF SAID PARCELS 1
AND 2.
PARCEL C -STORM DRAIN EASEMENT
STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED LINES:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 SAID POINT
BEING ON THE SOUTHEAST SIDELINE OF FARADAY AVENUE ON A 558 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS
NORTH 28°31'48" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 0°33'48", 5.49 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID CURVE SOUTH 29°20'11"
EAST, 32.82 FEET TO A POINT, HEREINAFTER REFERRED TO AS POINT
"A"; THENCE CONTINUING SOUTH 29°20'11" EAST, 124.29 FEET; THENCE
SOUTH 44°16'58" EAST, 344.78 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR
FORESHORTENED AT THE ANGLE POINT AND SO AS TO TERMINATE ON THE
SOUTHEASTERLY SIDELINE OF FARADAY AVENUE.
ALSO BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE
NORTH 81°30'42" EAST, 109.84 FEET TO THE POINT OF TERMINUS.
AFFECTS PARCELS A AND B.
21. AN EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS, STORM DRAINS
AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED"
DECEMBER 31, 1986 AS FILE NO. 86-623527 OF OFFICIAL RECORDS, AND
THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED
IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF THE HEREIN DESCRIBED PROPERTY DESCRIBED IN
SAID DOCUMENT.
PAGE 9
• •
--"
ORDER NO. 964759-15
AFFECTS PARCELS A AND B.
22. EASEMENTS AND RIGHTS OF WAY FOR ROAD, PUBLIC OR PRIVATE UTILITIES
AND APPURTENANCES THERETO, AS RESERVED OR CONVEYED IN VARIOUS
DEEDS OF RECORD.
AFFECTS: EASEMENT PARCELS AI, A2, A3, Bl, B2 AND B3.
1987-1988 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO. :
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO. :
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09013
212-062-04
$13,375.83 PAID
$13,375.83 PAID
$2,530,726.00
$-0-
$-0-
09013
212-062-12
$41,182.30 PAID
$41,182.30 PAID
$2,292,003.00
$5,542,000.00
$-0-
09013
212-062-13
$5,834.81 PAID
$5,834.81 OPEN
$575,000.00
$525,000.00
$-0-
09013
212-060-14
$8,396.00 PAID
$8,396".00 PAID
$1,571,945.00
$-0-
$-0-
PAGE 10
• •
ORDER NO. 964759-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-151574 OF
OFFICIAL RECORDS.
PARCEL Al:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THAT
PORTION OF PARCEL 1 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-
151574 OF OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 30 FEET IN
WIDTH, LYING 15 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT BEING
ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE AND ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE SOUTH 22°15'17" EAST, 15.45 FEET TO
THE BEGINNING OF AN 80 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF.SAID CURVE THROUGH A CENTRAL ANGLE
OF 29°03'24", 40.57 FEET; THENCE SOUTH 6°48'07" WEST, 219.47 FEET TO
THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE
PROLONGED AND/OR FORESHORTENED AT THE CURVE AND SO AS TO TERMINATE ON
SOUTHEASTERLY SIDELINE OF FARADAY AVENUE.
PARCEL A2:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THAT
PORTION OF PARCEL 1 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-
151574 OF OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 24 FEET IN
WIDTH, LYING 12 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
PAGE 11
•
ORDER NO. 964759-15
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING
ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENU~ ON A 558 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH
28 ° 31 ' 48" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 7°59'12", 77.78 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CURVE SOUTH 11°00'00" EAST, 126.17
FEET TO THE BEGINNING OF A 40 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A, CENTRAL ANGLE OF 29 ° 24 ' 22" , 20. 53 FEET; THENCE SOUTH
40°24'22" EAST, 20.60 FEET; THENCE SOUTH 83°11'53" EAST, 203.03 FEET
TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR FORESHORTENED
AT THE CURVE, ANGLE POINT, AND SO AS TO TERMINATE ON SOUTHEASTERLY
SIDELINE OF FARADAY AVENUE.
PARCEL A3:
AN EASEMENT FOR THE CONSTRUCTION, USE AND MAINTENANCE OF PRIVATE
STORM SEWERS AND PRIVATE DRAINAGE FACILITIES OVER THAT PORTION OF
PARCEL 1 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD, COUNTY OF'
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-151574 OF
OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH,
LYING 5 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED
LINES:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 SAID POINT BEING
ON THE SOUTHEAST SIDELINE OF FARADAY AVENUE ON A 558 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH
28°31'48" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 0°33 '48", 5.49 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CURVE SOUTH 29°20'11" EAST, 32.82
FEET; THENCE CONTINUING SOUTH 29 ° 20' 11" EAST, 124.29 FEET; THENCE
SOUTH 44°16'58" EAST, 344.78 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR FORESHORTENED'
AT THE ANGLE POINT AND SO AS TO TERMINATE ON THE SOUTHEASTERLY
SIDELINE OF FARADAY AVENUE.
PARCEL B:
PARCEL 1 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-151574 OF
OFFICIAL RECORDS.
PAGE 12
• e·
ORDER NO. 964759-15
PARCEL Bl:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THAT
PORTION OF PBRCEL 2 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-
151574 OF OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 30 FEET IN
WIDTH, LYING 15 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT BEING
ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE AND ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE SOUTH 22 ° 15 '17" EAST, 15.45 FEET TO
THE BEGINNING OF AN 80 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 29°03'24", 40.57 FEET; THENCE SOUTH 6°48'07" WEST, 219.47 FEET TO
THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE
PROLONGED AND/OR FORESHORTENED AT THE CURVE AND SO AS TO TERMINATE ON
THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE.
PARCEL B2:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THAT
PORTION OF PARCEL 2 OF PARCEL MAP NO. 14258,. IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO.
86-151574 OF OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 24 FEET
IN WIDTH, LYING 12 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING
ON THE SOUTHEASTERLY SIDELINE OF FARADAY AVENUE ON A 558 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH
28°31'48" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 7°59'12", 77.78 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CURVE, SOUTH 11°00'00" EAST, 126.17
FEET TO THE BEGINNING OF A 40 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 29°24'22", 20.53 FEET; THENCE SOUTH
40°24'22" EAST, 20.60 FEET; THENCE SOUTH 83°11'53" EAST, 203.03 FEET
TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR FORESHORTENED
AT THE CURVE, ANGLE POINT, AND SO AS TO TERMINATE ON THE
SOUTHEASTERLY SIDELINE OF FARADAY AVENUE.
PAGE 13
-.
ORDER NO. 964759-15
PARCEL B3:
AN EASEMENT -FOR THE CONSTRUCTION, USE AND MAINTENANCE OF PRIVATE
STORM SEWERS AND PRIVATE DRAINAGE FACILITIES OVER THAT PORTION OF
PARCEL 1 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-151574 OF
OFFICIAL RECORDS, LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH,
LYING 5 FEET AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED
LINES:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING
ON THE SOUTHEAST SIDELINE OF FARADAY AVENUE ON A 558 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY I A RADIAL TO SAID POINT BEARS NORTH
28 ° 31 ' 48" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 0° 33 ' 48", 5 • 4 9 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CURVE, SOUTH 29°20'11" EAST, 32.82
FEET; THENCE CONTINUING SOUTH 29°20'11" EAST, 124.29 FEET; THENCE
SOUTH 44°16'58" EAST, 344.78 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND/OR FORESHORTENED
AT THE ANGLE POINT AND SO AS TO TERMINATE ON THE SOUTHEASTERLY
SIDELINE OF FARADAY AVENUE.
PARCEL C:
PARCEL 3 OF PARCEL MAP NO. 14258, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 AS FILE NO. 86-151574 OF
OFFICIAL RECORDS.
PARCEL D:
LOT 12,
OF SAN
10330,
COUNTY,
OF CARLSBAD TRACT NO. 81-10, IN THE CITY OF CARLSBAD, COUNTY
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
FEBRUARY 18, 1982.
PAGE 14
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SHEET 2 OF :3 SHEETS
'\ BASIS OF BEARINGS:
i: IrtA L (1f.S. /;!a)-I) ~ 1)£ I!Ami !lP' I!E..~~ FOR '!lIlS IW' IS lKJ ~ OF
""i a c.uum ~ A5 SHOWN DAf N 2A'II'J~'JII $$2' (,oASiS or ~.e4R/N§~ _______ -.. CAIl...SaAO TRACT t(), 11-10, IW' Kl, 10330,
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MAP 10330
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• JKIICATES FlllHl 3/A' IRON PIP£.. IWtI!EI:
L.S, 31119 I'EJl MAP Kl. 1033C
A lJCllCA TES FtUCl STREET 5UR'V£"f ItOrU®IT IWIItED
L..S. ~189 I'EJl MAP I«l. ID330.UII~S NOTED 0TlIU'Wr-,i
o IICllCATES S£T 3/ .. 'llIS' IRON PIP£ IfInJ OIS; STAMPED L.S. ~12
( ) INJ:CATES RECORl IN'()RM.l nON PER MAP Ie _ 1033C
__ INCI::.& TES P A.RC8. IU.P BCllHJAR'<
~ INOICA T"...5 ACCESS RIGHTS REUNClIJISHW /.KJ lI.lIVE:: PEJl MAP 1033C
(It) IICl ICA TES IWlIJ.!.. SEARING
I£CIPR:X:J.:. ACCESS J.HD OP.AIH4G( EAS&!ENTs A~ PAACaS 1 ANO 2
9W..L. BE GRJJ/TED AT THE TI~ OF SAU.. FAILlJlE TO 00 so IIIL.
lHVAl..IOATE THE OIVISION IJi) NlKE PARtEl.S 1 AN) 2 01£ SUILDlf«; SITE.
P~ 3 ~ NOT ACCESS O>i DUIN ACROSS PARCaS 1 AND 2.
PAFCa 3 ~ T AK£ ITS ACCESS WF" PRIESTlY [RIVE.
'Ille I)f.Oa -,j3 -x{lt'M5 to6TII
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to th" .,)"ner61 localion of 1he ~
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4. AM!': A LAND TITLE ASSOCIATION LOAN POll. 970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) 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 governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, orother matters (a) created, suffered, assumed oragreed to by the insured claimant; (b) not known to the Company
and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or 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
insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance
is afforded herein as to any statut0ry lien for labor or material ortothe extent insurance is afforded herein as to assessments for street improvements under construc·
tion or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because offailure of the insured at Date of Policy or of any subsequent ownerofthe indebtedness to complywith
applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in
paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
2. Any facts, rights, interests, orclaimswhich are not shown by the public records but which could be ascertained by an inspection of said land orby making inquiry of per-
sons in possession thereof. '
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1987
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (6/87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibit-
ing or relating to (i) the occupancy, 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) environmental
protection, orthe effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the 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 the public records at Date of Policy.
(b) Anygovernmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of 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. Rights of eminent domain unless notice olthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding 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. Defects, liens, encumbrances, adverse claims or other matters:
(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;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy(excepttothe extentthat this policy insures the priorityofthe lien of the insured mortgage over any statutory
lien for services, labor or material orthe extent insurance is afforded herein as to assessments for street improvements under construction or completed at date
of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceabilityofthe lien olthe insured mortgage because ofthe inabilityorfailure of the insured at Date of Policy, orthe inabilityorfailure of any subsequent owner
of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises 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 the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) aris-
ing from an improvement or work related tothe land which is contracted forand commenced subsequent to Date of Policy and is not financed in whole or in part by pro-
ceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1987 (6/87)
WITH REGIONAL EXCEPTIONS
When the Amencan Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6
above are used and the follOWing exceptions to coverage appear In the policy.
• • SCHEDULE B .. Ttii~ policy does not insure against loss or damage (andY Company will not pay costs, attorneys' fees or expe. which arise by reason of: .. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or asse!':sments on real ~)foperty or by the
public records.
2. Any facts, rights, interests, orclaimswhich are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of per-
sons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown ~y
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY· 1987 (6/87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
)y reason of:
I. (a) Any law, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibit-
ing or relating to (i) the occupancy, 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 orwas a part; of (iv) environmental
protection, orthe effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien orencumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of 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. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding 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. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known tothe Company, not recorded in the public records at Date of Policy, but known tothe insured claimant and not disclosed in writing tothe 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;
ld) 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 value for the estate or interest insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY· 1987 (6/87)
WITH REGIONAL EXCEPTIONS
'lhen the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8
ove are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
rhis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of per-
sons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ·1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws
and regulations concerning:
15 land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
GIl 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
I» that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
f) to any land outside the area specifically described and referred to In Item 3 of Schedule A, or
• In streets, alleys, or waterways that touch your land
HilS exclusion does not limit the access covera";e In Item 5 of Covered Title Risks
•
crrr . fill' fIMIjI .... f! ...... '.
1200 ELM AVENUE '
ACCOUNT NO. DESCRIPTION
I,
i
'TOTAL
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to complete
this disclosure form at the time of submitting their application. When this form
has been completed and signed, the information will be relied upon by them
in determining if a conflict may exist, so please ensure that all of the
information is completed and accurate. If at anytime before a final action on
your application has been rendered, any of the information required by this
disclosure changes, an amendment reflecting this change must be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please state
the full legal name of the partnership or joint venture, its legal address and
the name and address of each individual person who is a general and/or limited
partner or member of the joint venture.
Should one or more of the parties be a privately held corporation ( 1 0
shareholders or less) or a real estate syndication, then please indicate the
state of incorporation or syndication, corporate number, date of incorporation
or syndication, corporate or syndicate address, and the full names and
addresses of each individual shareholder or syndicate member. Should the
corporation be a publicly held corporation, then state the full name and address
of the corporation, the place of its incorporation, number of shareholders,
and the' name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
DISCLOSURE FORM
APPLICANT: DEEMS LEWIS McKINLEY
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
320 Laurel Street, San Diego, CA. 92101
Business Address
619/234-9844
Telephone Number
DEEMS LEWIS McKINLEY
Name'
320 Laurel Street, San Diego, CA 92101
Business Address
6191 234-9844
Telephone Number
John C. McKinley, AIA
Name (individual, partner, joint
venture, corporation, syndication)
14203 Half Moon Bay Drive
Home Address
Del Mar, CA 92014
320 Laurel Street, San Diego, CA 92101
Business Address
619/234-1811
Telephone Number
Wjlljam S. Lewis, Jr. AIA
Name
320 Laurel Street, San Diego, CA
Business Address
619/234-1811
Telephone Number
619/755-7490
Telephone Number
2029 Balboa, Del Mar, CA 92014
Home Address
92101
619/755-9262
Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
e
SPECIFIC REQUIREMENTS
1. Fifteen (15) copies of site plan (24" x 36" folded to at"x 11") shall include
2.
3.
the following information:
Name and address of applicant, owner, engineer and/or architect
and their registration number.
All easements
Dimensioned locations of;
access, both pedestrian and vehicular, showing service areas
and points of ingress and egress, offstreet parking and loading
areas showing location, number and typical dimension of spaces,
and wheel stops.
distances between buildings and/or structures
building setbacks (front, rear and sides)
location, height, and materials of walls and fences
location of freestanding signs
all driveways, alleys, and streets (with street names), to scale on
adjacent and across the street properties for a distance of 100 feet
beyond the limits of subject site
existing curbs, gutters, sidewalks and existing paving widths within
100 feet on adjacent and across the street properties
watercourses
typical street sections
existing contours and proposed contours in 2' intervals
any existing median islands within 100 feet of subject site
nearest cross streets on both sides with plus or minus distances
from subject site
drainage facilities or flow lines
location of all buildings within. 100 feet of subject properties
grading quantities
a vicinity map showing major cross streets
existing utilities within 100 feet of subject properties
north arrow and scale
a summary table indicating the following information:
date of preparation and revisions
street address and/or assessor's parcel number
site acreage
existing zone and land use
proposed land use
total building coverage
building sq. footage
percent landscaping
number of parking spaces
sq. footage of open/recreational space (if applicable)
cubic footage of storage space (if applicable)
label all facilities as "existing" or "proposed"
Fifteen (15) copies of preliminary landscape plan (24" x 36" folded to 8t"
x 11 ") shall include the following information:
Landscape zones per the City of Carlsbad Landscape Guidelines Manual
Typical plant species and their sizes for each planting zone
An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone
Landscape maintenance responsibility (private or common) for all areas
Percent of site used for landscaping.
Fifteen (15) copies of building elevations and floor pl?ns (24" x 36" folded
to at" x 11") shall include the following information:
floor plans with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences, signs and exterior
li·ghts.
4.
5.
One (1)
One (1)
maps on
copy Of,lI x 11 II site plan.
copy of 81 11 x 1111 location map (sugges.
the site plan are not acceptable).
scale 200" -vicinity
6. Environmental Impact Assessment Form ($175).
7. Public Facility Agreement: Two (2) copies: One (1) notarized original,
and one (1) reproduced copy.
8. Disclosure Statement.
9. Property Owners' List and Addressed Labels
A typewritten list of the names and addresses of all property owners
and occupants within a 600 foot radius of subject property
(including the applicant and/or owner). The list shall include the
San Diego County Assessor's parcel number from the latest
assessment rolls.
Two (2) separate sets of mailing labels of the property owners and
occupants within a 600 foot radius of subject property. For any
address other than single family residence, apartment or suite
number must be included. DO NOT TYPE ASSESSOR'S PARCEL
NUMBER ON LABELS. Applicant must submit separate check to
cover cost of postage.
10. 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within 600 feet
of the exterior boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale acceptable
to the Planning Director if the required scale is impractical.
11. Two (2) copies of the Preliminary Title Report (current within the last
six [6] months).
12. Colored Site Plan and Elevation Plan (Not required with first submittal).
It is the Applicant's responsibility to bring one (1) copy of a colored
site plan and one (1) copy of a colored elevation to the Planning
Department by Noon eight (8) days prior to the Planning Commission
meeting.
13. Constraints Map (2411 x 3611 folded to 81" x 1111) shall include the
following information:
Major ridge lines
Distant views
Internal views
Riparian woodlands
Intermittent drainage course
25 -40% slopes
Slopes 40% and above
Major rock outcroppings
Easements
Floodplains
Archeaological sites
Special planning areas
Biological Habitats
14. Ohe (1) copy of 81" x 11" traffic volume location map of all roadways
potentially impacted by project to include the following information:
existing volumes, ultimate volumes, project only volumes, and phased (if
applicable) volumes.
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009·4859
([itp of ([arI5bab
DEVELOPMENT PROCESSING
SERVICES
Street Name Submittal Requirements
To Whom It May Concern:
All street names must be shown on the first submittal of a site plan
or tentative map.
A list of all street names that have already been assigned is available
for review at the Development Processing Services Cou,nter.
Designations such as Street "A", "sot" or "C" are not acceptable.
If you need more information, ask for the City Policy on street names
and addresses.
~LA-~
MONO A. MI~LER
Manager
RAM :jb
TELEPHONE
(619) 438·1161
RECORDING REQUESTED BY AND )
WHEN RECORDED MAl L TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $25.00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 212-062-12, -14
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 30th day of June ------
19~ by and between F.r.G. Holding Company (A California Corporation)
(Name of developer-owner)
a Corporati on , hereinafter referred to as --~~~-~---~--77-~-~-----(Corporation, partnership, etc.)
II Developer" whose add ress is ___ 4_6_8_0_W_i _1 s~h.;...i""7r-=e-:--Bo.;...u",:l~e...:.v..;;.;a.;...r.;...d ________________ _
(Street)
Los Angeles, California 90010 and THE CITY OF --~~-~~~~----~-----------------------(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as "City", whose address is 1200 Elm Avenue, 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 project as follows:
Addition of a 3 level, 45,822 S.F. office building to an existing 3 level,
8D,486 S.F. office building, along with a 173 car temporary on-grade parking lot.
REV 7-28-87 ~/?/~ iJ/F -.J}{J~6-J,-Ytjr/k--5£);2 /5-(j)
on said Property, which development carries the proposed name of ------
Farmer's Insurance Group Regional Office Buiiding
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 30th day of June -~~-------
19_8_8_, wi th the City a reques t for _..;;...5 1..;...· t.:...;e~D~e...;..v e,:;..l,;...;o;...Lp:..:..:.m;.,::e..:..,:.n..:.t ....;P_l;,..;;a;.;,;n~Am..:...:.e::..;n.:..:d:::..:.m:..::e..:...:.n.:.t _'--__
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 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 be 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 assistance to pay
for such services and facilities; and therefore, Developer proposes to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the convenants
contained herein, the parties agree as follows:
-2-
REV 7-28-87
1. The' Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction permits
for the development and shall be based on the valuation at that time. This fee
shall be in addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay
a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 3.5% of the building permit valuation at the time of
conversion. The fee for a condominium conversion shall be paid prior to the
issuance of a condominium conversion permit as provided in Chapter 21.47 of
the Carlsbad Municipal Code. Condominium shall include community apartment
or stock cooperative. The terms "other construction permits", "other
construction permit" and "entitlement for use" as used in this agreement,
except in reference to mobile home sites or projects, shall not refer to grading
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use or occupancy
for which the development is intended. Developer 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 permits for the development. This fee shall be
in addition to any fees, dedications or improvements required according to
Titles 18, 20 or 21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
-3-
REV 7-28-87
· facilities, the City shall consider, but is not obligated to accept the offer. The
time for donation and amount of credit against the fee shall be determined by
City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites
donated under this paragraph shall not include improvements required pursuant
to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If
the fee is not paid as provided herein, the City will not have the funds to
provide public facilities and services, and the development will not be
consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or
entitlement for use shall be issued until the public facilities fee required by
this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement
in a public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public agencies as
evidence of adequate public facilities and services sufficient to accommodate the
needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
-4-
REV 7-28-87
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 forth herein, enclosed in a sealed envelope, addressed to
the City for attention of the City Manager, postage prepaid and certified.
7.2 I f 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 apply to, the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be
"
deemed to be references to and include their respective successors and assigns
without specific mention of such successors and assigns. I f Developer should
cease to have any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor of
Developer's interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
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, City shall record a release.
-5-
REV 7-28-87
• I N WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
F.I.G. Holding Company (A California Corporation) (name)
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
By ~~==~~~~=-______ _
MARTIN ORENYAK
For City Manager
(Notarial acknowledgement of exe~ution by DEVELOPER-OWNER must be attached.)
-6-
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I
POOR
QUALITY
ORIGINAL (5)
'IOl.-___ ••
:ORPORATE ACKNOWLEDGMENT NO. 20 \ ~::~a} ."",,:::::a;::::~.
(ss. (
County of Los Angeles ____ ~D~o~r~o~t~h~y~K~.~H~a~l~e~ ____________________________ __
the undersigned Notary Public, personally appeared
Harold F. Gingrjch, President
~ personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
--'-pJ.rJ;e;.;:suiu.d.ue;&.lD..ut"'-_________ .or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
\
2 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd .• P.O. Box 4625 • Woodland Hills, CA 91365-4,
• EXHIBIT "A"
LEGAL DESCRIPTION
Parcels 1 and 3 of Parcel Map 14258 in the City of Carlsbad, County
of San Diego, State of California. According to Parcel Map 14258
fi 1 ed in the Offi ce of the County Recorder of San Di ego County ~ __
April 18, 1986, File number 86-151574 of the official records.
'e
TRANSMITTAL DEEMS LEWIS MCKINLEY =IF ASSOCIATES
W: CARLSBAD PLANNING DEPARTMENT
2075 Las Palmas Drive
Carlsbad CA 92009-4859
Project Farmer's Regional Office Building, Carlsbad, CA
Re Site Development Plan Amendment (SDP-85-2)
Date
Description
06 -30 -88
We Are Sending:
o Specificatio'ns
CXPrints
o Originals
o Shop Drawings
o Sample
IXOther
For:
exAction
CXlnformation
o Bidding
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o Return
o Other
______ lTh)~p-ies SITE PLAN @ 111=40 11
_____ --\(,15) COPIES LANDSCAPE PLAN@111=40 11
~ ____ L15J COPIES NORTH & EAST BUILDING ELEVATION@1/16 1 =11-0"
Via:
DMail
o Messenger
IX! Hand
o U.P.5.
o Air Freight
o Other
-----(J5J COPIES SOUTH & WEST BUILDING ELEVATIONS@1/16 1 =11-0"
_____ -\(15J_Wi.ILS_BASEMENT, 1ST & 2ND LEVEL FLOOR PLANS@1/16"=11-0"
_____ ~(l)~]~~a~j~~T~~A~N ________________ __
______ (J,J~11E.L8i~.x 1111 LO_CATION MAtLP _____________ _
______ ,(l) COELEKVlRO~LlMPACT ASSES_SMENT FO£.WRL'-M ______ _
______ (l)_CDE.LPUB.UC_ElKLL,.o-ITL...ly-'-"AG-.<..LR ....... E-'-.lEMcu.E ...... N_TL ___________ __
------\:(~1_J_) ---'CD.P-Y-DlS.CLQSHRE~TATEMEN-'-T _____________ _
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_____ -\(2-)_CDJ~lES-k\D.DRESUk\BElS-EOJLP-ROJ~ERT.LO.wNERS WITH IN 600 1 RAD I US
______ ('-l)_G.OP-Y-LO.C/U..lQN-Mk\ES-EQR-PROEERH£S-WlIHl1L6DD-'--RADlUS""-__
------\(-3-J-G.OP-IES-OE-P-RELlMINk\IHJllLE-REP-ORT---------
_____ I( 1-}-CHE.CK-F-ROM-OWNER-F-OR-$59S.50-----------
Copies To:
Sent By: MI CHAR TRI BLE
GORDON
MOELLER
TITTLE
STELLAR
FRIESEN
HYNDMAN
MILLER
KERCH
ARCHITECTURE
320 LAUREL STREET
SAN DIEGO, CA 92101
PHONE 619/234-1811
FAX 619/234-0901
e e
TRANSMITTAL DEEMS LEWIS MCKINLEY + ASSOCIATES
GORDON
To: Carl sbad Pl anni ng Dept. MOELLER
2075 Las Pa lmas Dr. TITTLE
Carlsbad CA 92009-4859
Project Farmer's Insurance R.O.B. Additi~~~~L-________________ ___
Re Site Development Plan Ammendment
Date July 7 , 1988
We Are Sending:
o Specifications
o Prints
o Originals
o Shop Drawings
o Sample
~Other
For:
o Action
KJ Information
o Bidding
o Quotation
o Return
o Other
Via:
DMail
o Messenger
d{Hand
o U.p.s.
o Air Freight
o Other
Description Two copi es Titl e Report c-,A. _L'J ___ Q:, (/J~ ----------'-~~~-~-p-r=7J-J--~-i--
One Constraints Map
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Copies To:
Sent By: Mi ke Tri b 1 e
STELLAR
FRIESEN
HYNDMAN
MILLER
KERCH
ARCHITECTURE
320 LAUREL STREET
SAN DIEGO, CA 92101
PHONE 619/234-1811
FAX 619/234-0901
-,
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