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Home My WebLink About1981-09-22; City Council; 6602-3; Final Map- Molaoa:a.a. q § o oo CirD>F CARLSBAD AR# (t(00 2 - <3y/22/8 iMTG DFPT ENG TITLE- FINAL MAP - ' (MOLA) - AGEND/QlLL c^mmt ^ CARLSBAD TRACT 81-3 DEPT. HDflfr <^- r|TY ATTY \'/7^ -34LA/tCITY MQK&Z2IL RECOMMENDED ACTION: Approve the Final Map of Carlsbad Tract 81-3 (Mola) ITEM EXPLANATION; Engineering staff has completed checking the final map of Carlsbad Tract 81-3, (an 80-unit condominium conversion), for conformance with the State Map Act and the Carlsbad Municipal Code. The Final Map conforms substantially with the conditions of approval and the tentative map as approved by City Council on May 19, 1981, per Council Resolution No. 6555. A memo from the Planning Director to the City Manager addressing the conditions regarding initial sales price and resale restrictions is attached for Council's information. ENVIRONMENTAL IMPACT Environmental impacts of this development were considered at the tentative map stage and were satisfied or mitigated at that time. FISCAL IMPACT The increased need for city services resulting from the development will be offset by the payment of the public facilities fee. A Homeowners Association will be created to maintain all private streets and recreational facilities associated with this project. EXHIBITS; A. Final Map B. Vicinity Map C. Memo to City Manager from Planning Director dated 9/11/81 w/attachments MAP NO. 81-3 SHCBT S or 3 SHBCT* /A*0*0v4ftpI *<*1»Te0\ L • rto- mx & NOTE This i» a map of a condominium conversion and i* filed eur»ujnt to -The Subdivision Map Act. LeqeND Indicate* found VLf. tefted R.CB. I&OM por Of) of C«rl«tud Lot Line Adjustment K« »9, Certificate of Compliance N« 157. Indicate* found Hell Monument Hi'tti Brm» Cap Stamped H5an Die^o County Cngr.Oept. ' per Map N* 10001 O Indicates *et f If. ta^ed K.C.E. ( — ) Indicate* rtcam data p«r Map N* IOO&7 &ASIS OP &EARINqS The 6»»i» of Bearing* for thi» map is the Hortheaotertj RJ^ht-of-Hay of el Camlno Real N *»•»»' «(• M per Map N« IOO61. 6 o COPY VICINITY MAP EXHIBIT B MEMORANDUM DATE: September 11, 1981 TO: Frank Aleshire, City Manager FROM: James Hagaman, Director of SUBJECT: UNIT SALES PRICE - MOLA CONDOMINIUM CONVERSION PROJECT (CT 81-3) There has been a misunderstanding as to the sales price of the above-referenced units. Condition 19, of Planning Commission Resolution No. 1787 states: The price range of the unoccupied units and those not sold to residents shall range from $50,000 to $90,000. It should have read that the units will range in price from the upper $50,000 to the mid to upper $80,000's. In fact that is how the original resolution submitted to the Planning Commission did read. However condition 19, of Resolution No. 1787, was modified by the addition of a clause dealing with the resale price of the units within a one year period from the original date of sale. Somehow when this clause was added, the portion of the condition dealing with the sales price was inadvertently changed. On April 13, 1981, a letter was sent to the Planning Commission from the Mola Development Corporation specifically stating that the price of the unoccupied units and those not sold to residents will range in price from the upper $50,000's to the mid to upper $80,000's. A copy of that letter has been attached to this agenda bill for your reference. In addition, a copy of the deed restriction requiring that all units be owner occupied for the first year and restricting the resale price of the units during this period. MJH:MH:ar Attachments; 1. Letter from Mr. Frank J. Mola to Planning Commission dated, April 13, 1981. 2. Deed Restriction EXHIBIT C MOIA DEVELOPMENT CORPORATION/808 ADAMS AVE. HUNTINGTON BEACH CAUF 926487(714) 536-2547 ^^ 6994 a CAMINO REAL SUITE 211. CARLSBAD, CA92OO8/(714) 438-1157 April 13, 1981 Planning Commission CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Dear Planning Commission Members! At a recent meeting with the Planning Department'Staff, we were advised that* our agreement to give residents their unit at a discounted price was an excellent pro- gram. However, they were concerned that the unoccupied units and tho^e not purchasedvby the residents could be priced significantly higher, thereby offsetting any benefit done by selling the units to residents at a lower price. We believe the department's concern is valid and there- fore agree to incorporate the following provisions into our sales program: 1. Prices to persons residing in West Bluff prior to February 24, 1981: Plan A $49,900 Plan B $55,000 Plan C $66,000 Plan D $64,000 2. Prices of the unoccupied units and those not sold to residents will range between the upper $50,000's to the mid to upper $80,000"s. We are unable to be more specific in this price schedule because of the uncertainty of the costs for the major alterations involved in this conversion. sun coMiMcion IONS JJMO r •**•' Planning Commission April 13, 1981 Pace two 3. First Buyer Speculation Control - To prevent first buyer speculating, we will require all owners to reside in their units. This will be done through our financing program which will offer 95% loans for owner-occupied units, and a signed affidavit that the owner will occupy the unit. I have attached a copy of the typical loan documents to be used in this transaction as well as a copy of the Affidavit of Occupancy to be signed by the purchaser. I hope this proposal-meets with your approval. Sincerely, " A iMO:T CORPORATION FJM/lk enclosure Recording Requested By, And When Recorded, Mail To: (Space Above for Recorder's Use) MAIL TAX STATEMENTS TO: Documentary Transfer Tax Information WEST BLUFF HILLS SAMPLE GRANT DEED TO PURCHASERS FOR A VALUABLE CONSIDERATION, receipt of which is here- by acknowledged, MOLA DEVELOPMENT CORPORATION, a California cor- poration ("Grantor"), hereby grants to ("Grantee"), a Condominium Estate, in and to that certain real property ("Property") situated in the City of Carlsbad, County of San Diego, State of California, described as follows: See Exhibit "A" which is attached hereto and by this reference is incorporated herein. Grantee, by acceptance and recordation of this Deed, expressly and specifically accepts, covenants, and agrees to be bound by and to assume performance of all of the applicable pro- visions and requirements set forth in the Declaration (described in Exhibit "A"), which provisions and requirements are acknowledged to be reasonable, and all of which are incorporated herein by this reference and this grant is conditional upon the performance of such requirements as are to be performed by Grantee thereunder. The living element of the Unit described in Exhibit "A" is in- tended for residential use, and restrictions on its use are set forth in the Declaration to which this Deed is specifically and expressly made subject. Grantee, by acceptance and recordation of this Deed, represents and warrants that (a) Grantee intends to occupy the Property for at least one (1) year from the date of recordation of this Deed, and (b) Grantee is not purchasing the Property for purposes of speculation or resale within such one (1) year period. If Grantee resells the Property within such one (1) year period, then Grantee covenants and agrees as follows: 1. The purchase price paid by Grantee for the Property, including brokers' commissions but excluding all other title, escrow, and other costs, is $ ("Original Purchase Price"). 2. The quotient arrived at by dividing the purchase price for which Grantee will resell the Property, including brokers' commissions but excluding all title, escrow, and other FULOP. ROL3TON, BURNS ft MCK1TTR1CK A LAW COSrOBATION costs, by^de Original Purchase Price sha-^r not exceed the quotient arrived at by dividing the average resale home price for San Diego County as determined by the California World Title Company's Housing Summary ("Average Resale Price") for the calen- dar quarter during which the Property is resold by Grantee by the Average Resale Price for the calendar quarter during which this Deed was recorded. 3. The foregoing covenants regarding resale of the Property by Grantee shall run with the Property, shall be binding upon the Property, any portion thereof, and any interest therein, and shall be binding upon any person now or hereafter owning the Property, any portion thereof, and any interest therein, and their respective successive owners and assigns. Grantor has caused this deed to be duly executed on , 198 , at , California. MOLA DEVELOPMENT CORPORATION, a California corporation By: Its: By: _ Its: "Grantor" FULOP. ROLSTON. BURNS a McKlTTRICK A LAW CORPORATION -2-