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HomeMy WebLinkAboutCT 80-16; ; 81-232510; Deed Restriction- 247 Hc’ t * . , + . t . ‘. RECORDING REQUESTED BY: City of Carhbad 1200 Elm Ave. Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk 1200 Elm Ave. y$&$rl~ CA 92008 . AGREEMENT ON M-232510 1 Assessor Parcel N?nk,PAGENO 203-130-30 6s 31 8OOK i&- 1 1 ; FFICIAL RECQRDS #!b DIEGD WNTY,CAi VERA,!.. LYLE 1 Space Above for Record&EC#?!%k!No FEN IMPOSING RESTRICTIONS REAL PROPERTY THIS AGREEMENT is made and entered into as of this 15th - 1981 day of June I %?V83, by and between THE CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as "Carlsbad") and HERMOSA HOUSING CORPORATION (hereinafter referred to as "Applicant"). WHEREAS, Applicant is the owner of certain real property located at 2018 - 2020 Hope Street, Carlsbad, CA 92008 more particularly described on Exhibit "A" attached hereto, and has filed an Application for a final subdivision map being map No. 43b- 14 , relative to such real property; and WHEREAS, Carlsbad is desirous of ensuring that certain limitations exist upon the sales price of residential units proposed by Applicant to be built upon the subject real property subsequent to the procurement by the Applicant of such final sub- division map; and WHEREAS, to such end Carlsbad has included condition No. 19 to such final subdivision map No. qo- J&b , without which condition Carlsbad would be unwilling Resolution the approval of said final -l- to grant by appropriate subdivision map; and, ’ 6’ ..* * c- , - 248 WHEREAS, Applicant is desirous of complying with such condition to procure the Resolution of Approval of said Final Subdivision Map; NOW, THEREFORE, in consideration of the Resolution of Approval of Final Subdivision Map No. 60-16 and of the benefit conferred thereby on the subject real property, IT IS HEREBY AGREED AS FOLLOWS: 1. Applicant agrees to insert the following deed restric- tion in each Grant Deed only relative to its conveyance of each unit constructed and conveyed subsequent to recordation of Final Subdivision Map No. ~0-16 : The initial sales price of this unit and the sales price of any subsequent sale of this unit for a period of one (1) year from the date of issuance of the last Certificate of Occupancy by the City of Carlsbad relative to the project described in Final Subdivision Map No. So-16 , for this unit shall not exceed the lesser of $80,000.00 or 79% of the total market median sales price, North San Diego County, for the calendar quarter during which the unit is sold, as set forth in Table 1 of the California World Title Company Residential Housing Summary, Summary of Sales activity for San Diego County by Submarket. This provision shall be null and void, and of no force and effect after the ex- piration of the one-year period set forth herein. 2. Carlsbad agrees that insertion of the foregoing restric- tion by Applicant in each Grant Deed by which Applianct conveys title to such units subsequent to recordation of the Final Sub- division Map on the subject real property shall constitute full and complete satisfaction of Condition 19 attached to such Final Subdivision Map. -2- .’ . . -I _. . .~ . ~ 5 . r. - 249 3. This restriction shall remain in effect for a period of one (1) year from the date of issuance of the last Certificate of Occupancy by the City of Carlsbad relative to the project described in the above referenced Final Subdivision Map, at which time it shall be null and void, and of no force and effect. 4. Carlsbad agrees that Applicant shall have no further obligation hereunder other than to insert such restriction in Grant Deeds executed by it relative to conveyances of parcels after recordation of the Final Subdivision .Map on the subject real property, and Carlsbad further agrees that Applicant shall have no obligation to enforce compliance with said Condition 19 rela- tive to subsequent conveyances andjor sales of parcels by third parties. 5. Carlsbad may not assign all or any part of its rights or obligations under this Agreement to any other public agency. 6. All notices required under this Agreement shall be sent by certified mail, retrun receipt requested, to the follow- ing addresses: To Applicant: 2551 State Street Carlsbad, California 92008 Attention: Gary Winans To Carlsbad: 1200 Elm Avenue Carlsbad, California 92008 Attention: Planning Commission 7. The covenants and conditions contained herein shall apply to and bind the heirs, successors, and assigns of all parties hereto. 8. This Agreement constitutes the entire agreement between -3- 250 - the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. 9. All questions pertaining to the validity and inter- pretation of this Agreement shall be determined in accordance with the laws of the State of California applicable to contracts made and to be performed within the State. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be entered into as of the day and year first above written. CITY OF CARLSBAD BY: c.‘i7I/ M/tiw+GG~ HERMOSA INVESTMENT COMPANY, by HERMOSA HOUSING CORPORATION, Partner BY: -clkz/-s: al-n, Jam E. Ord, Eitecutive Vice President -4- . . A- *’ . , 9. . * ,* . . 251 - EXHIBIT "A" LEGAL DESCRIPTION i The southeasterly 50' of lot 29 of schell and sites addition to Carlsbad, in the city of Carlsbad, County of San Diego, State of California, according to map thereof No. 2145, filed in the Office of the County Recorder of San Diego County, February 20, 1929. 1-r; : 3 -f :; .’ 2 / b.- DATE: TO: FROM: SUBJECT: July 9, 1981 Frank Aleshire, City Manager Bill Hofman, Associate Planner OH CT 80-16, SANDY - Price Restriction Agreement Attached hereto is an agreement to restrict MEMORANDUM condominium project located on Home Avenue. as a condition of approval of the tentative tion, condition no. 19). The Planning Department and City Attorney's prices of units for a The agreement is required map. (See attached Resolu- office have reviewed the agreement for content and form and have found it to satisfy condition ement must next be signed by you and then submitted lyorrecordation. you have any questions please call me. BH:wl attachments cc: Ron Beckman, Assistant City Manager James C. Hagaman, Planning Director Michael J. Holzmiller, Principal Planner J. E hi E . 1 E s I-c ‘. 3.1 22 14 : 15 Il.6 - 3.7 I8 Il.9 20 ?I .22 23 *24 25 26 2% p:c- ior to ".!IP issuance of building permits subject to the approval Of f-;-p (-----i-J ia . . ~ Enginzzr. Drainage i.niprovcm&ts shall 3)~ constructed in accc3rdancc wi.th an abproved p?lan , and the work sha1.1 be coordinated with the ovcra' ii5 PI 2:' for grading to the satisfaction of the City Zngineer. 9 The aFpli.cdnt by deed restriction or other appropriate method shall ensure that no unit shall .be s'old in excess of 79. percent of th.2 m2.diai-1 selling- prl.ce of aij. comparable.new units within the San DieTrJ County ~.ri"a 2s esixhlisl~c~ by the Califcrnia Worlc? Titie Company ’ ii Residentj al F;ousi.ng Summary for the calendar ..--- -.--.- ^ c!u?lrtes during which the 'ti~il L ~5 '-~.~~.~~-'~s'~~~~-‘-~~-!~~-'~~~:nt shail the &11i.*-lg pri.ce -&cc~:d $8O,OOC!. This restric,tion shall apply from the date of issuance cf the lzst occu~~c~ncy perxit for the project .- for one year * The applicant shall impl.ement this condition by written agreement wF?:h the city pr.ior to approval of the final map. The agreement an< any deed restriction or siinj,I&:,lr de;Jice shall kc subject to the approval of the Pianni.ng Illire ctox and City Attorsq7. 20” The open recreational areas atop the carports sh?Ji. be 1:andscapc-d with planter boxes along the pcrimetzrs and stairways. ' l?uurthcr , w6od decking shall Ix provided 'for the.52 open rec.r&tiollal z cireas. Sai.d planting and decking shall be indicated on the detaij.ed landscape plan reguired.per condition no. 6. . 21.. A six foot high decorative masonry wall shall. be placed a.l.ong the rear and side property lines s:ibject to the apj;~roval of the Flanningl- Director prior to final occupanq of any unit. + 3ASSED, A$PROVCD, AND ADOWED at. a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th -day of ~01x.r i980, by the follohGng vote, to wit: ' -...-A-%.' AYES: Council Mkmbers Casler, Lads, Anea3! and KLchin NOES - . None ._ ABSENT: Comcil X??er Pzi&ard ’ ’ ABSTAIN: ATT&ST l * NARY W. CXXER, Vice-&yo'i- -. ‘. tr . c 1 II -ire Y-4 -\: .C _I :’ F L .._- . . . -_ _.. _ 8 . cr 900 ltc@=74 ‘ sJ47Y . 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 438-5535 Qlxg Of auls’bab CENTRAL SERWCES DEPARTMENT July 21, 1981 Vera L. Lyle County Recorder P.0, Box 1750 San Diego, CA 92112 Enclosed for recordation is the following de- scribed document: Agreement Imposing Restrictions On Real Property between the City of Carlsbad and Hermosa Housing Corporation, A.P.N.: 203-130-30 & 31 Our staff had determined that the recordation of this document is of benefit to the City; there- fore, it is requested that the fees be waived. Thank you for your assistance in this matter. JCamN R. *EVENS Deputy City Clerk KRS./ Enc. C RECORDING REQUESTED BY: City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 WIJEN RECORDED MAIL TO: City Clerk 1200 Elm Ave. ~~);!-$JQ: ’ d CA 92008 1 Assessor Parcel No.: 1 203-130-30 64 31 1 ; 1 I Space Above for Recorder's Use AGREEMENT IMPOSING RESTRICTIONS ON,REAL PROPERTY THIS AGREEMENT is made and entered into as of this 15th 1981 . - day of June I 3883, by and between THE CITY OF CARLSBAD, - CALIFORNIA, (hereinafter referred to as "Carlsbad") and HERMOSA HOUSING CORPORATION (hereinafter referred to as "Applicant"). WHEREAS, Applicant is the owner of certain real property located at 2018 - 2020 Hope Street, Carlsbad, CA 92008 - more particularly described on Exhibit "A" attached hereto, and has filed an Application for a final subdivision map being map No. 86-lb , relative to such real property; and WHEREAS, Carlsbad is desirous of ensuring that certain limitations exist upon the sales price of residential units proposed by Applicant to be built upon the subject real property _ subsequent to division map; WHEREAS, to such final the procurement by the Applicant of such final sub- and to such end Carlsbad has included condition No. 19 subdivision map No. 5fo- id , without which condition Carlsbad would be unwilling to grant by appropriate Resolution the approval of said final subdivision map; and, -l- . WHEREAS, Applicant is desirous of complying with such .- condition to procure the Resolution of Approval of said Final Subdivision Map; NOW, THEREFORE, in consideration of'the Resolution of Approval of Final Subdivision Map No. 60-16 and of the benefit conferred thereby on the subject real property, IT IS HEREBY AGREED AS FOLLOWS: 1. Applicant agrees to insert the following deed restric- tion in each Grant Deed only relative to its conveyance of each unit constructed and conveyed subsequent to recordation of Final Subdivision Map No. &?--(6 : The initial sales price of this unit and the sales price of any subsequent sale of this unit for a period of one (1) year from the date of issuance of the last Certificate of Occupancy by the City of Carlsbad relative to the project described in Final Subdivision Map No. .So-ld , for this unit shall not exceed the lesser of $80,000.00 or 79% of the total market median sales price, North San Diego County, for the calendar quarter during which the unit is sold, as set forth in Table 1 of the California World Title Company Residential Housing Summary, Summary of Sales activity for San Diego County by Submarket. This provision shall be null and void, and of rio force and effect after the ex- piration of the one-year period set forth herein. 2. Carlsbad agrees that insertion of the'foregoing restric- tion by Applicant in each Grant Deed by which Applianct conveys title to such units subsequent to recordation of the Final Sub- division Map on the subject real property shall constitute full and complete satisfaction of Condition 19 attached to such Final Subdivision Map. -7- 3. This restriction shall remain in.effect for a period I- of one (1) year from the date of issuance of the last Certificate of Occupancy by the City of Carlsbad relative to the project described in the above referenced Final Subdivision Map, at which time it shall be null and void, and of no force and effect. 4. Carlsbad agrees that Applicant shall have no further . . : obligation hereunder other than to insert such restriction in Grant Deeds executed by it relative to conveyances of parcels after recordation of the Final Subdivision 'Map on the subject real property, and Carlsbad further agrees that Applicant shall have no obligation to enforce compliance with said Condition 19 rela- tive to subsequent conveyances andjor sales of parcels by third parties. 5. Carlsbad may not assign all or any part of its rights or obligations under this Agreement to any other public agency. 6. All notices required under this Agreement shall be , sent by certified mail, retrun receipt requested, to the follow- ing addresses: To Applicant: 2551 State Street Carlsbad, California 92008 Attention: Gary Winans To Carlsbad: 1200 Elm Avenue Carlsbad, California 92008 Attention: Planning Commission 7. The covenants and conditions contained herein shall apply to and bind the heirs, successors, and assigns of all parties hereto. 8. This Agreement constitutes the entire agreement between . the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. ._ 9. All questions pertaining to the validity and inter- pretation of this Agreement shall be'determined in accordance with the laws of the State of California applicable to contracts made and to be performed within the State. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be entered into as of the day and year first above written. CITY OF CARLSBAD . HERMOSA INVESTMENT COMPANY, by HERMOSA HOUSING CORPORATION, Partner BY: t-&! E. Ord, Executive Vice President -4- . . EXHIBIT "A" LEGAL DESCRIPTION The southeasterly 50' of lot 29 of s&hell and sites addition to Carlsbad, in the city of Carlsbad, County of San Diego, State of California, according to map thereof No. 2145, filed in the Office of the County Recorder of San Diego County, February 20, 1929.