HomeMy WebLinkAboutSDP 86-10; HOSP GROVE; Site Development Plan (SDP)• LAND US PLANN.ING ~ PLICATION
DISCRETICNARY ACl'IOOS
REQUEST
O!l Zone Ch~e rn General' Plan Amendment o Tentative Tract Map o Major Planned Uni t Development
I31IMaster Plan Amendment o Major Redevelopment Permit
OMinor RedevelOffllent Permit
[JPrecise Development Plan
(check other boxes if appropriate)
Commercial Devel
aSpecific Plan
X]Site Development Plan
OCoooitional Use Permit
OVariance
OPlanning Commission Determination
DSpecial Use Permit
[JStructure Relocation
~jor Condominium Permit
OCoastal Penni t (Portion of Redevelop:nen
Area
ts (96,000 S.F. Building Area
& 10.8 Acres Gross Site Ar.ea) located in Hosp Grove Parcels E & E'
at the intersection of Marron Road and Monroe Street, Carlsbad, CA.
(See site Development Plan Exhibits for Specific Project Description)
~r-_________________________ 0_,_1_6_'_1_7_,_1_8 __ ,2 __ 2_,_2_3_,_2_4_' __ & __ 2 __ 5 __ 0_f __ M_a_·p __ N_o __ • __ l_1_3_6 ________ ~
& 19
General
C/O 10.8 Acres (Gross)
Collins Dev~lopment Co.
B 11750 Sorrento Valley Rd. Suite 209
• • I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. One'copy of General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whicheve·r is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
-fifteen (15) copies of items B-D *
-one copy of items E-R
$5.00 per/acre 3. Fee: rc1aster Plan $1,635-.00 +
Specific Plan $1,090.00
Master Plan Amendment: Major $545.0.0 + 5.00
Minor $185.00 + 2.00
Specific Plan Amendment: Major $440.00
acre
acre
Minor $ 75.00
Tentative Tract Map
1 • Applic.ation Form
2. General Requirement Items
fifteen (15) copies of item A *
one copy of items E-R
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310.00 (100 + lots or units)
Revision: $330.00 (1-25 units 'or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
fifteen (15) copies of items B-D *
one copy of items E-R
3. Conversion to Condominiums -list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
* ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES
ARE RESOLVED ALONG WITH FINALIZED READABLE REDUCED EXHIBITS
(8 1/2" x 11")
" 'v '" .
".a.;; _ ~_'<~~_
FORM NO.1 068-A (1 0/85)
CL TA Preliminary Report (Rev. 11/18/82) •
PRELIMINARY REPORT
8£-/ 0/4 -.y
7 --} I-f. -·~r (~
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 Exclusions 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.
First American Title Insurance Company
411 Ivy Street
P.O. Box 808 (92112)
San Diego, California 92101
(619) 238-1776
PRELIMINARY REPORT (j)
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
(By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973
SCHEDULE 8
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 existingJiens
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 inspec-
tion 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 boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or excep-
tions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water.
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 ownerfor
access to a physically open street or highway is insured by
this policy.
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulation 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.
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 mat-
ters (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 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 Com-
pany 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;
or (e) resulting in loss or damage which would not have been
sustained if the insured claimant had been a purchaser or encum-
brancer for value without knowledge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 -1970 (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 of area of the land, orthe 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 to the Company prior to
the date such insured claimant became an insured hereunder; (c) resulting in no loss ordamagetothe 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 RESIDENTIAL TITLE INSURANCE POLICY -1979
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:
• land use • land division
• improvements on the land • environmental protection
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.
,
(List of printed Exceptions and Exclusions Continued) • •
..... ____ 1..
~.I 2-.
I
~. •. ---I
'. •
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
July 14, 1986 .
O'DAY CONSULTANTS
7750 El Camino Real, Suite 2H
Carlsbad, California
Attn: PAT O'DAY
Our Order No. 902787-15
Your No: PARCELS E AND E1
Dated as of July 2, 1986.', '.:. at 7:3U a.m.
The form of policy title insurance contemplated by this report is:
SUBDIVISION MAP GUARANTEE
Title to said estate or interest at the date hereof is vested in:
Grove Apartments Investment Coo, A Partnership
The estate or interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
SEE LEGAL DESCRIPTION ATTACHED
ORDER NO. 902787-15
PAGE NO.2 •• •
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~pecial taxes for the fiscal yeaJ;. 1986-87, a lien, not yet
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
3. The rights of the public in and to that portion of the herein property lying
within Monroe Street (formerly Canyon Drive) as disclosed by Map on file in
the Office of the County Assessor of San Diego County.
4. An easement for sewer and incidental purposes in favor of the CITY OF
CARLSBAD,. recorded December 13, 1973 as File No. 73-344773 of Official
12.00 feet, the centerline of said easement described as follows:
A portion of Hosp Eucalyptus Forest Company's Tract No.1, according to Map
No. 1136 filed in the Office of the County Recorder of San Diego County,
State of California, described as follows:
Beginning at the most Southeasterly corner of said Hosp Eucalyptus Forest
Company's Tract No.1; thence North 88 °58 '28" West (Record South 89 °44 '00"
West) along the Southerly line of said tract 387.92 feet; thence North
1°01'32" East, 9.09 feet; thence North 76°41'52" West 42.30 feet to the TRUE
POINT OF BEGINNING; thence along the following bearings and distances, North
76°41 '52" West, 123.00 feet; North 41 °Il '50" West, 259.63 feet; North
27°52 '45" West, 254.38 feet; North 18°29'40" West, 336.41 feet; North
22°21'05" West, 325.66 feet; North 31°47'30" West, 360.11 feet; North
18°03'07" West, 357.86 feet; North 14°48'45" West 302.30 feet; North
9°25 '40" West 288.66 feet; North 25°56 '35" West, 372.99 feet; and North
15°28'26" West, 168.94 feet.
Reference is made to said instrument for further particulars.
5. An Agreement regarding proposed roadways, dated October 26, 1977, upon the
terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: GROVE APAR'IMENTS INVES'IMENT CO. and KAMAR
CONSTRUCTION CO.
RECORDED: March 20, 1978 as File No. 78-108597 of Official Records.
A Modification of the 1977 Agreement between adjacent land owners, dated
October 26, 1977, executed upon the terms, covenants and conditions
contained therein, recorded October 16, 1978 as File No. 78-440517 of
Official Records.
ORDER NO. 90278;-15""
PAGE NO.3 •
A Second Modification to 1977 Agreement between adjacent land owners, dated
November 3, 1982, executed upon the terms, covenants and conditions
contained therein, recorded November 24, 1982 as File No. 82-363510 of
Official Records.
6. An easement for public water line and incidental purposes in favor of the
CITY OF CARLSBAD, recorded August 30, 1979 as File No. 79-365413 of Official
Records, described as follows:
PARCEL 1:
A strip of land 14.00 feet in width, the Westerly line thereof lying 6.00
feet East of the following described line:
Beginning at the Northwesterly corner of Lot 62, Carlsbad Tract No. 72-11
according to Map No. 7682, filed, in said Office of County Recorder; thence
North 71 °30 '20" East along the boundary of said Map No. 7682 a distance of
201.10 feet to the TRUE POINT OF BEGINNING; also being a point on the
centerline of an existing 12.00 foot easement for sewer purposes granted to
the City of Carlsbad by deed recorded in said Office of the County Recorder
on December 13, 1973, as File No. 73-344774 of Official Records; thence
along the following bearings and distances of said sewer easement
centerline:
North 18°29'40" West, 33.27 feet; North 22°21 '05" West, 325.66 feet; North
31°47'30" West, 360.11 feet; North 18°03'07" West, 357.86 feet; North
14°48'25" West, 302.30 feet; North 9°25'40" West, 288.66 feet; North
25°56 '35" West, 372.99 feet; thence continuing along said sewer easement
centerline North 15°28'26" West a distance of 124 feet, more or less, to a
point on the Southerly right of way line of Marron Road granted and
dedicated to the City of Carlsbad for roadway purposes by deed recorded in
said Office of the County recorded on December 23, 1976 as File No.
76-431713 of Official Records.
EXCEPTING therefrom all that portion of the above described easement
Southeasterly of the Northwesterly line of Parcel 3 which is described as
follows:
Beginning at the most Southwesterly corner of Lot 25, Hosp Eucalyptus Forest
Company's Tract No.1, according to Map No. 1136 filed in the Office of the
County Recorder of San Diego County, State of California; thence North
23 °27 '45" West a distance of 195.00 feet to the TRUE POINT OF BEGINNING,
being the Northwesterly line of Parcel 3 which is described as follows:
ORDER NO. 90278:-15" •
PAGE NO.4 •
Beginning at the above described TRUE POINT OF BEGINNING; thence North
68°30'20" East a distance of 902.35 feet; thence North 61 °25'08", East a
distance of 305.23 feet; thence South 89°18'10" East a distance of 557.72
feet to a point on a nontangent curve concave Southeasterly and having a
radius of 310.00 feet, a radial line of said point bears North 84°47'53"
West; thence Northeasterly along said curve through a central angle of
41 °33'00" an arc distance of 224.81 feet; thence South 89°18'10" East a
distance of 46.07 feet to a point that bears North 00°56 '20" East, which is
the East line of said Hosp Eucalyptus Forest Company's Tract No.1.
The sidelines of the above described 14.00 foot strip of land shall be
extended or shortened to terminate on the grantors Southerly or Northerly
boundary lines being the above described Northwesterly line of Parcel 3 and
the Southerly right of way line of Marron Road.
PARCEL 2:
A strip of land 26 feet in width lying Westerly of and contiguous to the
Westerly line of the Northerly 80.00 feet of the above described Parcel 1.
The sidelines of the above described Parcel 2 shall be extended or shortened
to terminate on the grantors Northerly boundary line with the above
mentioned Southerly right of way of Marron Road.
Reference is made to said instrument for further particulars.
7. An easement for building, inspecting, maintaining, repairing, and removing a
desiltation basin and appurtenant access road and incidental purposes in
favor of the CITY OF CARLSBAD, or PLAZA CAMINO REAL, recorded March 13, 1980
as File No. 80-087187 of Official Records, described as follows:
Beginning at the Southwest corner of Lot 29, Carlsbad Tract No. 76-18, Map
No. 8956, filed in the Office of the County Recorder of San Diego County,
State of California, on August 11, 1978 said point also being in the
Northerly line of Marron Road (82 foot right of way); thence Easterly along
said line on a curve concave Northwesterly having a radius of 758.00 feet, a
radial bearing through said point of South 3 °12 '22" East, through a central
angle of 12°22'54", a distance of 163.80 feet; thence North 74°24'44" East,
62.60 feet; thence leaving said Northerly line South 15°35'16" East, 82.00
feet to the Southerly line of Marron Road, said point also being the TRUE
POINT OF BEGINNING; thence leaving said Southerly line South 15°35'16" East,
243.00 feet; thence South 31°35'16" East, 65.00 feet; thence North 58°24'44"
East, 20.00 feet; thence South 31 °35 '16" East, 103.00 feet; thence South
58°24'44" West, 20.00 feet; thence South 74°24'44" West, 273.00 feet; thence
North 15°35'16" West, 116.00 feet; thence North 37°35'16" West, 259.00 feet;
thence North 43°16'29" East, 122.015 feet to the hereinbefore mentioned
Southerly line of Marron Road; thence Easterly along said line on a curve
concave Northwesterly having a radius of 840.00 feet a radial bearing
through said point of South 4 °50 '16" East, through a central angle of
10°45'00", a distance of 157.603 feet; thence North 74°24'44" East, 62.60
feet to the TRUE POINT OF BEGINNING.
8.
ORDER NO. 902787-15 •• • PAGE NO.5
Reference is made to said instrument for further particulars.
A Contract for the Creation of a Lien for Payment
dated January 27, 1981, executed by the City
Apartments Investment Company, recorded January
81-030961 of Official Records.
for Public Improvements,
of Carlsbad and Grove
30, 1981 as File No.
9. A Contract for the Creation of a Lien for Payment for Public Improvements,
dated January 27, 1981, executed by the City of Carlsbad and Grove
Apartments Investment Co., recorded February 10, 1981 as File No. 81-041815
of Official Records.
10. A Contract for the Creation of a Lien for Payment for Public Improvements,
dated January 27, 1981, executed by the City of Carlsbad and Grove
Apartments Investment Co., recorded February 17, 1981 as File No. 81-048612
of Official Records.
11. An easement for drainage structures and incidental purposes in favor of CITY
OF CARLSBAD, recorded February 20, 1981 as File No. 81-052874 of Official
Records, described as follows:
A 30 foot wide strip of land Westerly of and adjacent to the following
described land:
A portion of Lot 25 of Hosp Eucalyptus Forest Company's Tract No.1, in the
City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 1136 filed in the Office of the Recorder of said San Diego
County, June 5, 1908, and described as follows:
Commencing at a point on the Westerly line of said Lot 25, distant thereon
195.00 feet from the Southwest corner thereof; thence North 68 °37 '20" East
(record North 68°30'28" East per deed) 360.45 feet; thence North 18°03 '07"
West, 41.01 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 1042.00 feet; thence along said curve through a central
angle of 1 °02 '39" an arc distance of 18.99 feet to the True Point of
Beginning; thence continuing along said curve through a central angle of
2°44'58" an arc distance of 50.00 feet.
Reference is made to said instrument for further particulars.
ORDER NO. 902787-15
PAGE NO. 6 '. •
12. An Agreement regarding the payment of a public facilities fee, dated
July 23, 1985, upon the terms, covenants, and conditions contained
therein.
EXECUTED BY AND BETWEEN: THE ODMARK DEVELOPMENT COMPANY, H.F.H., LTD.,
AND GROVE APARTMENTS INVESTMENTS COMPANY
RECORDED: August 25, 85 as File No. 85-308357,of Official Records.
Reference is made to said instrument for further particulars.
13. Any rights, interests or claims which the owners of a concrete drain culvert,
located within Parcel 1 herein described and a chain link fence, located in
the Sou theas terly corner of parcel 1 herein described, may have therein, as
revealed by an inspection of said land.
14. The requirement that this Company be furnished a copy of the Agreement of
Partnership, referred to in the vesting herein, together with any amendments
thereto.
LEGAL DESCRIPTION
ORDER NO. 902787-15
PARCEL 1
, •
Portions of Lots 8, 9, 10, 16, 17, 18, 23, 24, 25, Canon Street and of
Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No.1, in the City
of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 1136, filed in the Office of the County Recorder of San Diego County, June
8, 1908 described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence
along the Southwesterly line of said Lot 25 North 23 °27 '45" West, 195.00 feet;
thence North 68°30'20" East, 360.41 feet to the True Point of Beginning; thence
North 18°09 '57" West, 40.89 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along
said curve thru a central angle of 14 °35 '28" an arc distance of 265.33 feet;
thence tangent to said curve North 03°34'35" West 94.02 feet to the beginning of
a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence
Northwesterly along said curve thru a central angle of 22 °18 '38" an arc distance
of 178.34 feet; thence tangent to said curve North 25°53 '13" West 189.20 feet to
the beginning of a tangent curve concave Northeasterly and having a radius of
1042.00 feet; thence Northwesterly along said curve thru a central angle of
10°17'57" an arc distance of 187.30 feet; thence tangent to said curve North
15 °35 '16" West, 108.41 feet to the beginning of a tangent curve concave
Southwesterly and having a radius of 20.00 feet; thence Northwesterly along said
curve thru a central angle of 88°16 '48" an arc distance of 30.82 feet to a point
of cusp with a curve concave Northwesterly and having a radius of 838.50, a
radial line to said point of cusp bears South 13 °52 '04" East; thence
Northeasterly along the last mentioned curve thru a central angle of 01 °43 '12"
an arc distance of 25.17 feet; thence tangent to said curve North 74°24'44" East
140.00 feet to the beginning of a tangent curve concave Northwesterly and having
a radius of 838.50 feet; thence Northeasterly along said curve thru a central
angle of 13°24'44" an arc distance of 196.28 feet; thence tangent to said curve
North 61°00'00" East, 174.31 feet to the beginning of a tangent curve concave
Southeasterly and having a radius of 761.50 feet, thence Easterly along said
curve thru a central angle of 39°06'51" an arc distance of 519.85 feet; thence
South 00°01 '30" East 699.16 feet; thence South 79°40'53" West, 272.00 feet;
thence South 10°19'07" East 374.05 feet; thence South 68°30'20" West, 541.94
feet to the True Point of Beginning.
Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North
23 °27 '45" West, 195.00 feet from the Southwest corner thereof; thence leaving
said Westerly line North 68°37 '10" East (record North 68°30 '28" East per deed)
402.52 feet to the True Point of Beginning; thence North 18°03 '07" West, 38.57
feet to the beginning of a tangent curve, concave Easterly and having a radius
of 1000.00 feet; thence along said curve through a central angle of 14 °35 '23" an
arc distance of 254.64 feet; thence tangent to said curve North 3 °27 '44" West,
109.90 feet to the beginning of a tangent curve, concave Westerly and having a
radius of 800.00 feet, thence along said curve through a central angle of
LEGAL DESCRIPTION
ORDER NO. 902787-15 • •
25°22 '30" an arc distance of 354.30 feet; thence tangent to said curve North
28°50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly
and having a radius of 800.00 feet; thence along said curve through a' central
angle of 13°21'49" an arc distance of 186.59 feet; thence North 15°28'25" West,
30.00 feet more or less to the Southerly right of way line of Marron Road. The
sidelines of said 84 foot wide street shall terminate with 20.00 foot radius
returns at said Southerly right of way line of Marron Road.
PARCEL 2
Portions of Lots 22, 23, 24, 25 and of Eucalyptus Street in Hasp Eucalyptus
Forest Company's Tract No.1, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 1136, filed in the Office of
the County Recorder of San Diego County, June 8, 1908, described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence
along the Southwesterly line of said Lot 25 North 23 °27 '45" West 195.00 feet;
thence North 68°30'20" East 360.41 feet; thence North 18°09'57" West 40.89 feet
to the beginning of a tangent curve concave Northeasterly and having a radius of
1042.00 feet; thence Northwesterly along said curve through a central angle of
01 °38 '58" an arc distance of 30.00 feet to the True Point of Beginning; thence
continuing along said curve through a central angle of 12 °56 '24" an arc distance
of 235.33 feet; thence tangent to said curve North 03°34'35" West 94.02 feet to
the beginning of a tangent curve concave Southwesterly and having a radius of
458.00 feet; thence Northwesterly along said curve through a central angle of
22°18'38" an arc distance of 178.34 feet; thence tangent to said curve North
25 °53 '13" West 189.20 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along
said curve through a central angle of 10°17'57" an arc distance of 187.30 feet;
thence tangent to said curve North 15°35'16" West 108.41 feet to the beginning
of a tangent curve concave Southwesterly and having a radius of 20.00 feet;
thence Northwesterly along said curve through a central angle of 88°16 '48" an
arc distance of 30.82 feet to a point of reverse curve concave Northerly and
having a radius of 838.50 feet; thence Westerly along said reverse curve through
a central angle of 32°08'52" an arc distance of 470.47 feet; thence South
07 °34 '20" West 213.72 feet; thence South 64 °59 '00" East 248.29 feet; thence
South 25°53'13" East 590.00 feet; thence South 66°45'50" East 330.26 feet to the
True Point of Beginning.
Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North
23°27 '45" West, 195.00 feet from the Southwest corner thereof; thence leaving
said Westerly line North 68°37'10" East (record North 68°30'28" East per deed)
402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57
feet to the beginning of a tangent curve, concave Easterly and having a radius
of 1000.00 feet; thence along said curve through a central angle of 14 °35 '23" an
arc distance of 254.64 feet; thence tangent to said curve North 3°27'44" West,
109.90 feet to the beginning of a tangent curve, concave Westerly and having a
., LEGAL DESCRIPTION
ORDER NO. 902787-15 . •
radius of 800.00 feet, thence along said curve through a central angle of
25°22 '30" an arc distance of 354.30 feet; thence tangent to said curve, North
28°50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly
and having a radius of 800.00 feet; thence along said curve through a central
angle of 13°21'49" an arc distance of 186.59 feet; thence North 15°28'25" West,
30.00 feet more or less to the Southerly right of way line of Marron Road. The
sidelines of said 84 foot wide street shall terminate with 20.00 foot radius
returns at said Southerly right of way line of Marron Road.
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FIRST AM~ICAN T~
411 Ivy
23B·1776
.E INSURANCE co
P.O. Box 80B
San Diego, Calif. 92112
this Is not II survey of the IlInd, but i. furnished for Reference
Purposes Only. No liability Is assumed by this company 8< t",
the accurocy of such datil or IIcrellQe .hown th .. ,,.r,,,
~AP I IJ6 -HaSP EU CAL YPTUS FO REST CO 'S TCT NO . I
LOTS 3, la , 18 .22-24 ,\ paR LOTS 8,11 -17 25 &21
(jj)
• • 3. Title Risks: .'
• that are created, allowed, or agreed to by you
e 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
o 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:
o 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
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
SCHEDULE B -EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any rights. interest or claims of parties in possession of the land not shown by the publiC records.
2. Any easements or liens not shown by the public records.
This exception does not limit the lien coverage in Item 8 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown by the public records.
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks.
4. Any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
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, 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 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 tothe insured claimant, (d) attaching orcreated subsequentto Date of Policy(except to the extent insurance is afforded herein
as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street Improvements
under constructio" or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent ownerof the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
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 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 to the Company prior to
the date such insured clai.mant became an insured hereunder; (c) resulting In no loss or damage tothe insured claimant; (d) attaching or
created subsequent to Date of PoliCY; oriel resulting in loss or damage Wllich would not have been sustained if the Insured claimant had
paid value for the estate or interest insured by this policy.
(List of printed Exceptions and ExclUSions Continued on Reverse Side)
5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10-17-70)
-(Continued)
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, 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 persons 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 orin Acts authorizing the issuance thereof; water rights, claims ortitle
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.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
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, orthe 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 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 tothe extent insurance is afforded herein
as to any statutory lien for labor or matenal or to the extent Insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy).
4. U nenforceability of the lien of the Insured mortgage because of failure of the Insured at Date of Policy or of any subsequent ownerof the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
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, orclaims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons 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.
...
• •
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" LEGAL DESCRIPTION
ORDER NO. 902787-15
PARCEL 1
EXHIBIT -It.-
Portions of Lots 8,' 9, 10, 16, 17, 18, 23, 24, 25, Canon Street and of
Eucalyptus . Street in Hosp Eucalyptus Forest Company's Tract No.1, in the City
of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 1136, filed in the Office of the County Recorder of San Diego County, June
8, 1908 described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence
along the Southwesterly line of said Lot 25 North 23°27'45" West, 195.00 feet;
thence North 68°30'20" East, 360.41 feet to the True Point of Beginning; thence
North 18 °09 '57" West, 40.89 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along
said curve thru a central angle of 14°35 '28" an arc distance of 265.33 feet;
thence tangent to said curve North 03°34'35" West 94.02 feet to the beginning of
a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence
Northwesterly along said curve thru a central angle of 22~18'38" an arc distance
of 178.34 feet; thence tangent to said curve North 25°53'13" West 189.20 feet to
the beginning of a tangent curve concave Northeasterly and having a radius of
1042.00 feet; thence Northwesterly along said curve thru a central angle of
10°17'57" an arc distance of 187.30 feet; thence tangent to said curve North
15°35'16" West, 108.41 feet ·to the beginning of a tangent curve concave
Southwesterly and having a radius of 20.00 feet; thence Northwesterly along said
curve thru a central angle of 88°16'48" an arc distance of 30.82 feet to a point
of cusp with a curve concave Northwesterly and having a radius of 838.50, a
radial line to said point of cusp bears South 13°52'04" East; thence
Northeasterly along the last mentioned curve thru a central angle of 01 °43 '12"
an arc distance of 25.17 feet; thence tangent to said curve North 74°24'44" East
140.00 feet to the beginning of a tangent curve concave Northwesterly and having
a radius of 838.50 feet; thence Northeasterly along said curve thru a central
angle of 13°24'44" an arc distance of 196.28 feet; thence tangent to said curve
North 61 °00'00." East, 174.31 feet to the beginning of a tangent curve concave
Southeasterly and having a radius of 761.50 feet, thence Easterly along said
curve thru a central angle of 39°06'51" an arc distance of 519.85 feet; thence
South 00°01 '30" East 699.16 feet; thence South 79°40'53" Wes't, 272.00 feet;
thence South 10°19 '07" East 374.05 feet; thence South 68°30 '20" West, 541.94
feet to the True Point of Beginning.
Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North
23 °27 '45" West, 195'.00 feet fran the Southwest corner thereof; thence leaving
said Westerly line North 68°37'10" East (record North 68°30'28" East per deed)
402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57
feet to the beginning of a tangent curve, concave Easterly and having a radius
of 1000.00 feet; thence aloDg said curve through a central angle of 14°35'23" an
arc distance of 254.64 feet; thence tangent to said curve North 3°27 '44" West,
109.90 feet to the beginning of a tangent curve, concave Westerly and haviDg a
radius of 800.00 feet, thence along said curve through a central angle of
LEGAL DESCRIPTION
ORDER NO. 902787-15
25°22'30" an arc distance of 354.30 feet; thence tangent to said curve North
28°50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly
and having a radius of 800.00 feet; thence along said curve through a central
angle of 13°21'49" an arc distance of 186.59 feet; thence North 15°28'25" West,
30.00 feet more or less to the Southerly right of way line of Marron Road. The
sidelines of said 84 foot wide street shall terminate with 20.00 foot radius
returns at said Southerly right of way line of Marron Road.
PARCEL 2
Portions of Lots 22, 23, 24, 25 and of Eucalyptus Street in Rosp Eucalyptus
Forest Company's Tract No.1, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 1136, filed in the Office of
the County Recorder of San Diego County, June 8, 1908. described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence
along the Southwesterly line of said Lot 25 North 23 °27 '4~" West 195.00 feet;
thence North 68°30'20" East 360~4l feet; thence North 18°09'57" West 40.89 feet
to the beginning of a tangent curve concave Northeasterly and having a radius of
1042.00 feet; thence Northwesterly along said curve through a central angle of
01°38'58" an arc distance of 30.00 feet to the True Point of Beginning; thence
continuing along said curve through a central angle of 12°56'24" an arc distance
of 235.33 feet; thence tangent to said curve North 03°34'35" West 94.02 feet to
the beginning of a tangent curve concave Southwesterly and having a radius of
458.00 feet; thence Northwesterly along said curve through a central angle of
22°18'38" an arc distance of 178.34 feet; thence tangent to said curve North
25°53'13" West 189.20 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along
said curve through a central angle of 10°17'57" an arc distance of 187.30 feet;
thence tangent to said curve North 15°35'16" West 108.41 feet to the beginning
of a tangent curve concave Southwesterly and having a radius of 20.00 feet;
thence Northwesterly along said curve through a central angle of 88°16 '48" an
arc distance 'of 30.82 feet to a point of reverse curve concave Northerly and
having a radius of 838.50 feet; thence Westerly along said reverse curve through
a central angle of 32°08'52" an arc distance of 470.47 feet; thence South
07°34'20" West 213.72 feet; thence South 64°59'00" East 248.29 feet; thence
South 25°53'13" East 590.00 feet; thence South 66°45'50" East 330.26 feet to the
True Point of Beginning.
Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North
23 °27 '45" West. 195.00 feet frcn the Southwest corner thereof; thence leaving
said Westerly line North 68°37'10" East (record North 68°30'28" East per deed)
402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57
feet to the beginning of a tangent curve, concave Easterly and having a radius
of 1000.00 feet; thence along said curve through a central angle of 14°35'23" an
arc distance of 254.64 feet; thence tangent to said curve North 3°27'44" West.
109.90 feet· to the beginning of a tangent curve, concave Westerly and having a
, t .1 t' .J;.
LEGAL DESCRIPTION
ORDER NO. 902787-15
radius of 800.00 feet, thence along said curve through a central angle of
25°22 '30" an arc distance of 354.30 feet; thence tangent to said curve, North
28°50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly
and having a radius of 800.00 feet; thence along said curve through a central
angle of 13°21'49" an arc distance of 186.59 feet; thence North 15°28'25" West,
-30.00 feet more or less to the Southerly right of way line of Marron Road. The
sidelines of said 84 foot wide street shall terminate with 20.00 foot radius
returns at said Southerly right of way line of Marron Road.
ja/taf
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RECORDING REQUESTED BY
WHEN RECOR DE 0 t1fl. I L TO:
CITY OF CAR LS SA D
1200 Elm Avenue
Carlsbad, California
At ) • )
)
)
)
92008 )
Space above this line for Recorder's
Document ar y tr ans fer tax: $21.00
Signature of declarant determining
tax-firm name
City of Carl sbad
Parcel No.
AGREGIENT BETWEEN O:mER, DEVELOPER
AND THE CITY OF CAR LS BA 0 FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
use
THIS AGREEMENT is entered into thi s _14._ day of __ J:u..l¥. _____ , 19_8~.
by and betvleen __ C_ol1ins Deve],.Q2.l!!ent Co. ...: _______________ . _______ .. _
(Name of Developer) . .
a California Cor oration , t"lerei n after referred to as --~--~~~~~~~~~~~~--------Corporation, partnershlp, etc.
"Developer" whose address is 11750 Sorrento Valley Rd.
(-Street)
San Diego, CA 92121
(City, State, Zip .code)
and Grove Apartments Investment Co.
~'N"~-m-e-o~f~L-e-g-a'l~~~in-e--r')-------------------------
a General Partnership , herei nafter referred to as
(Corporat i on, etc.) ---=-----------
"0vmer" whose address is 10738 W. pico Blvd., Suite 3
(Street)
Los Angeles, CA 90064
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a munici pal corporation of the State of Cal ifol~ni a,
hereinafter referred to as "Cityll, r:hose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 4-22-86
I' •
, '
RECITALS
WHEREAS, Owner is the owner of the real property described on
EXhibit "A Il :, attached to and made a part of this agreement, hereinafter
referred to as uPropertyll; and
WHEREAS, The Prbperty lies within the boundaries of City; and
\~HEREAS, Developer has contr acted with Ol'mer to pur ch ase the Property
and proposes a d'eve 1 opment proj ect as fo 11 ows: Specialty Commercial
Development on 10.8 Acres
on said Propedy, I·mich development carries the proposed name of Hosp Grove
Parcels E and E Prime
and is Ilereinafter referred to as "02velopmenV'; and
\'JHEREAS, Developer filed on the ~~_ day of July ._._----, . -tic
19_~, \-lith the City a l~equest for General Plan Amendment, Master Plan .
Amendment,Re Zone to C-2 Q!O and Site PLan for a Specialty Commercial
Center.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City Gener~ Plan
requires that the City Council find that all public facilities necessary to
serve a development I'iill 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, Owner and City recognize the correctness of Council
pplicy No. 17, dated April 22,1986, on file with the City Clerk and
incorporated by this reference, and that the Cityls public facilities and
services are at capacity and will not be avail able to accommodate the additional
need for public facilities and services resulting from the proposed Development;
and
-2-
REV 4-22-86
WHEREAS, Developer and Or'mer have asked the City to find that public
facilities and services will be available to meet the future needs of tne
Development as it is presently proposed; but the Developer and Owner are a\'lare
that the City cannot and l'ii 11 not be ab 1 e to make any such fi nd i ngs without
-financial assistance to pay for SUCh services and facilities; and therefore,
Developer and Owner propose 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 tile recitals and the covenants
contained Ilerein, the parties agree as follQl-{s:
1. TIle Developer and (Ji':ner shall pay to the City a [)ublic facilities
fee in an amount not to exceed 2.5% of tIle building permit valuation of tile
building or structures to be constructed in the Development pursuant to the
Request. The fee snall 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 tviunicipal
Code. Developer and Gt'lner shall pay a fee for conversion of existing building
or structures into condominiums in an o:nount not to exceed 2.5% 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 permitll and lIentitlement for usell as
used in this agreement, except in reference to mobilEI)ome sites or projects,
Shall not refer to grading permits or other permits for tt)e construction of
underground or street improvements unless no other permit is necessary prior to
the use or occupancy for l'lhich tIle development is intended. Developer and Owner
-3-
REV 4-22-86
shall pay the City a public facilities fee in the sum of $1,150 for each
mobilehomespace 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 and Owner may offer to donate a site or sites for
public facilities in lieu of all or part of the financial obligation agreed upon
i n Paragl~aph 1 above. If Developer and Owner offers to donate a site or sites
for public facilities, the City shall consider, but is not obligated to i1ccept
the offer. The time for donation and a!olount of credit against Hie fee stlall be
determined by City prior to the issuance of any building or other permits. SuCll
determination, When made, slla11 become a part of thiS agreGinent. Sites donated
under this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. ·Tllis 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 \'o/i11 not be consistent l<Jith
tIle General Pl an and any approval or permit for the Development shall be void.
No bui 1 di ng Of' other construct ion permit or ent itl ement 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 Citi
Council determines the need exists to pl'ovide the facilities and sufficient
funds from the payment of this and similar public facilities fees are
avail ab 1 e.
-4-
REV 4-22-86
'. '.
, . . • . '
5. City agrees to provide upon request reasonable assurances to enable
Developer and Gwner-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.
7. Any notice from one party to the other shall be in ¥ffiting, 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 vihatsoever unless served in one of the fo11ol':1ng manners:
7.1 If notice is given to the City of personal delivery thereof to
the City or. by depositing same in tile United States Hail, c.::ldressed to the City.
at the address set forth herein, enclosed in' a sealed envelope, a:::idressed to the
City for attention of the City r'ianager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery tnereof
to Developer or by depositing the same in the United States r~ail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated .• postage prepaid and certified.
8. Thi s agreement shall be bi nd i ng upon and shall ensure to the
benefit of, and snall apply to, the respective successors and assigns of
Developer, Owner and the City, and references to Developer, Ol·mer or City herein
shall be deemed to be reference to and include their respective successors and
a~signs without spectfic mention of sucn successors and assigns. If Developer
should cease to have any interest in the Property, ~l obligations of Developer
flereunder shall termi nate; provid ed, hOI'lever, ttlat any successor of Developer's
interest in HIe property shall have first assumed in 11riting the Developer's
obligations hereunder.
-5-
REV 4-22-86
: 1 '
... '. •
,L.,t such tir.;e c;S Ol"ner ceeses to r,c\e ony ir,terest -in tne Fr-op:::rty, all
oblisations of Ovmer hcrel1fid2r shall tcnn-inate; provided, hOI,'2ver, tr,at if any
successor to the Owner's ir,terest in the Property is a stranger to this
agreement, such successor has f~rst assuffied the oblisations of owner in writing
in a form acceptable to City.
9. This agreellicnt shall be recorGE:d but shall not crEate a lien or
security interest in the Fro~erty. ~hen the obligations of this agreement n2.ve
bz:e:n satisnEd, C'ity shall record a l-ele2;se.
IN WITNESS ~HEREOF, this agreement is executed in San DiEgO County,
California as of the date first ~rittc:n ~boye.
Oi'i~ER: DEVELOPE R:
Grove Apart~ents InvestD2nt Co.
BY~~:_u ______ _
Fred A. EarLman, Jr. ,~~
General Partner
Gj:ove l~po.:rtf:!ents Il!vestililjlit Co.
By: H.F H'I LTD
ATTEST:
APPROVED AS TO FORM:
V1NrEJn--r-. BIO~"'R.,
G it.}' ,4ttorney
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
K(RTnroRE!;Y/~K----------
For F. D. Aleshire,
City ll,anager
(Notar; al ac knOi',l edgefilent of execut i on by DEYELOPER-m:~;ER must be attached.)
-6-
REV 4-22-86
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e STATE OF CALIFORNIA 1
' COUNTY OF Los Ange es
On JuJ y 1] ,-..19..86-----------
before me. the undersigned. a Notary Public in and for said County and
State. personally appeared Free A. J3art;J;t1an, Jl;;.
~ personally known to me;
o proved to me on the basis of satisfactory evidence.
to be one of the partners of the partnership that
executed the within instr;~~rl and acknowledged to me that such
partnership executed the sJ '~
S""mre (},
B. SCHREIBER
Name (Typed or Printed)
Notary Public in and for said County and State
F-2436 MAINE GENERAL PARTNERSHIP
-----.. ~-.--.-----.. -----------------:--------
Los A.nceles
OFFICIAL SEAL
B. SCHREIBER
NOTARY PUBLIC, CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My CommiSSion Exp. Mar. 17, 1989
FOR NOTARY SEAL OR STAMP
On q'lb ,before me, the undersigned, a lbtary Public in and for
said Co personally appeared Robert E. Getz ,personally
~------~~----------------------------knovvn to one of the partners of _-=H~.=F-,.-:;H;:-:,,:,,~L=ID=-:;.--:--___ =-_____ , a
_pal ....... LIlership, said partnership being known to me to be one of the partners of
Grove Apartments TnvpstJrent Companv , the partnership tr..at executed the within
lDstrument, and acknowledaed t6 me that they executed the same as a partner of --------::--Grove Apartments Investment Comoany and that said last na"T1ed partnership executed
the same.
w'"ITNESS my hand and official seal.
•
OFFICIAL SEAL
CATHERINE A ARMSTRONG
• NOTARY PUBLIC -CALIFORNIA
lOS NfGElES COUNTY
My comm. expires MAR 14, 1990
Notary Public' in and for said County and State.
(j)
".
1
t
CAT. NO. NN00737
TO 21945 CA (1-83)
(Corporation)
gfJ TICOR TITle INSURANce
STATE OF CALIFORNIA
COUNTY OF SAN DI EGO } SS.
On J!!ly 15 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared -:::i~R~Q~b~e~r~t:A~,~S~t~i~n:.:.e,,;:===================personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and William A Trjbolet
personally known to me or
proved to me on the basis of satisfactory evidence to be
the. person wqo executed the within instrument as the Vice President 'S~~of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNE~S'myhand omc~_ aI. ,
.~ ''', Signature __ '~ ~I f.~rr"~B!JUT' s:~e: ~~Sl..>-. ~ KUgel 5 cz:::: (This area foc official notarial seal)
, r _ J -,
• PLANNIm APPLICA~~ON rnocKLls"
ITEM R.E'X2UIRED ENCLOSED IDr ENCLOSED (WHY)
Tentative Map
A
Site Plan _~.r ~ 10 ~ \ ~o-tA.J -B ~ V -
Landscape Plan V \IV
C V
Bldg. Elevat10ns / D V
8~ Site Plan V V-E
,
8~ IDcation 'V V F ,
EIA .¢ :e\.\2-~ cl~V\e-G ~VlD\ -PFF --.--J
H v V'
D1sclosure Strnt
I V V
Property Owners / J t./
600' Map ./ V K
School Letter
u\ MlJ-~£W\VWWQ&t L ../ Y\Q)A-~
PTR '-
M / V
Sewer
N V -.
Colored Exh1b1t
0 V \f\l)-\-'--'\£ -\
StInt of A.gree-\
ment
P
Constra1nts
Q V
Traff1c e\\L .~ ~ R V U\~
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RECEIPT 00. h~ 6// ~~~--~------DA.TE:
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SEPT. 10. 1986
PC to C-2-Q
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_.-.-S U 8 D I V I S ION 80 U N DAR Y ARE A . bS:i CHANGED FROM PC ro OPEN SPACE
ZONING.
OS-OPEN SPACE
R -1 -RES IDE N. T I A LSI N G L E . F A 'M) L Y
PC-PLANNED COMMUNITY
C-COMMERCIAL
(GENERAL PLAN)
RMH-RESIDENTIAL (8-15)
RRI-COMMERCIAL
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City of Garlsbad
pc to OS
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LOCA TION MAP
PLAZA CAMINO,REAL
EIR 86-4
MP-1{C)
.CT 85~_23{A) .
,CP-320{A)
SOP 86-10
~----------------,GPA/LU '86-10
,"GPA/LU 86-11 , --..