HomeMy WebLinkAboutCP 233; HIRSCHBERG, JIM; Condo Permit (CP)REQUEST
OZone Change OMinor Redevelopment Permit
DGeneraJ Plan Amendment []Precise Development Plan
[]Tentative Tract Map Dspecific Plan
DPlanned Unit Development 0 Site Development Plan
Dp1ajor Condominium Permit
Minor Condominium Permit
OMaster Plan
0 Conditional Use Permit
0 Variance
0 Planning Coirnission Determination
[]Major Condominium Conversion
[],Major Redevelopment Permit
(check other boxes if appropriate)
OSpecial Use Permit
DAdininistrative Variance
Complete Description of Project (attach additional sheets if necessary) --
Location of Project to( Co 0 c
tiegal Description (complete)
(0i .+v £_1_CfliW\fy Assessors arcel Number
ci e j'_
Zone General Plan Existing Land Use
_ :_- _ Proposed ZoneProposed G -eneral Plan Site Acreage
Owner
-
Applicant
Name (Print or Type) Name (Print or Type)
___
U1Thg10dress * Mailing Address
C 1D s. Bo;?( 9i e10 I. -r City anJ State Zip Telephone City and State Zip Telephone
_cft_c___•. *___
I CERllF1 THAT f AM THE OWNER'S REPRESENTATIVE
AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORREOP '10 THE BEST OF MY KNOWLEDGE.
I CER2IF THAT I AM THE LEGAL OWNER AND
THAT ALL THE ABOVE INEOPMATION IS TRUE
AND CORRECT '10 THE BEST OF MY KNOwLEDGE.
SIGNNflJRE : / DATE 4/q DAT/
Date App!! cion Recu ' Rcceid B "_
kIle, -3 , I;,.
. Fees FeceLv/
i
J
lS( ItULL
I ..
CASE NO.: CP- 233
-
- DATE RECEIVED:
—_
April 21, 1983
APPLICANT:Hirschberq,Jim -. -
REQUEST: Three Unit CondOminium. Bristol Cove on Park Drive.
ENVIRONVIENTAL
EXEMPT OR EXCEPTED: .
Posted: . 0 Prior Compliance:_________________ Published:________
Filed: . Filed:
NEGATIVE DECLARATION: - -
Posted: ..... Published: of Determination:________
ENVIRONMENTAL IMPACT REPORT:__________________
Notice of Notice of Notice of
Preparation: Determination:__________
PLANNING COMMISSION
1. Date of Hearing: 0o
2. Publication:_____________________________
3.. Notice to Property Owners:
4. Resolution No . Date: ..... ACTION:__________
(Continued to:
5. Appeal: 00 00
CITY COUNCIL
1. Date of Hearing-.'''
2. Notices to City Clerk:...............
3. Agenda Bill:-
4. Resolution No .••
5. Ordinance No....................
CORRESPONDENCE
Staff Report to Applicant: ..............
Resolution to Applicant:...........
Date: ..... ...... ACTION: ___
Date:
0 -:--.
C:::) (I C • (RI)
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
yo ~ 116 F_ R
ate
;? 4i?ccM4
ame ur Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
TI
Offering complete title services throughout the
state of California with just one local call.
POLICY
OF
TITLE
INSURANCE
Complete title services also available in the states
df Alaska, Nevada, Oregon and Washington
through subsidiary Companies.
Title Insurance
and
Trust Company
San Diego County Office
220 "A" Street
San Diego, California 92112
TI
cit
FA
•4
k14 -
CONDITIONS AND STIPULATIONS (Continued nd Concluded From Reverse Side of Policy Face)
6. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the option to
pay or settle or compromise for or in the
name of the Insured sny claim insured
against, or to pay the full, amount of this
policy or to purchase the indebtedness, and
such purchase, payment or tender of pay-
ment of the full amount of this policy, to-gether with all costs, attorneys' fees and expenses which the Company is obligated
hereunder to pay, shall terminate all
liability of the Company hereunder. In the
event, after notice of claim has been given
to the Company by the Insured, the Com-pany offers to purchase said indebtedness, the owner of such indebtedness shall trans-
fer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company un-der this policy shall in no case exceed, in all, the actual loss of the insured and costs and attorneys' fees which the Company may be obligated hereunder to pay.
(b) The Company will pay, in addi-
tiop to any loss insured against by this
policy, all costs imposed, upon the Insured
in litigation carried on by the Company
for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured
with the written authorization of the Com-pany..
(C) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance
not excepted or excluded herein removes
such defect, lien or encumbrance within a reasonable time after receipt of such notice;
or (2) for liability voluntarily assumed by the Insured in settling any claim or suit with-
out written consent of the Company; or
(3) in the event the title is rejected as un-
marketable because of a defect, lien or en-
cumbrance not .exepted, or excluded in this
policy, until there has been -a final deter-mination by a court of competent jurisdic-
tion sustaining such rejection.
(d) All payments 'under this policy
which reduce the amount of the indebted-
ness secured by the mortgage shall reduce the amount of insurance pro. tanto and no payment shall be made without producing
this policy for endorsement of such pay-
ment unless the policy be lost or destroyed,
in which case proof of such loss or destru-
tion shall be furnished to the satisfaction of the Company. Payment in full by any person or voluntary satisfaction or release by the Insured of the mortgage shall term-inate all liability of the Company under this policy, except as provided in paragraph' 2.
(e) When liability has been definitely
fixed in accordance with the conditions of
this policy the loss or damage shall be pay-able within thirty days thereafter.
S. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the,-'Company` shall' have
settled a claim under this policy, all right
of subrogation shall vest in the Company
unaffected 'by - any act of the 'Insured, ex-
cept that the Insured may release or sub-
stitute the personal" liability of, any debtor or guarantor, or extend or .otheiise modify the terms of payment, or release a portion
of the estate from the lien of the mortgage,
or release any collateral' security for the
indebtedness, provided such act does not
result in any less' of priority of the lien of
the mortgage,, but such subrogation shall
be in subordination to the lien of the In-
sured-under the mortgage and to the right
of the Insured to receive and be fully paid
the amount of principal and interest and other sums, if any, secured by said mort-
gage. If loss of priority should result from
any act of the Insured, such act shall not -
void this policy, but the Company, in that event, shall be but to pay only that part of any losses insured against here-
under which shall exceed the amount, if
any, lost to the company by reason of the
impairment of the right of subrogation. The Insured, if requested 'by the Company, shall transfer tp the Company all rights, securities and-'remedies , against any person or property necessary to perfect such right
of subrogation.
9. POLICY ENTIRE CONTRACT
Any action or actions or rights of action that the Insured may have or may
bring again'st 'the Company arising out of the status of the lien or 'title insured herein must be based on the provisions of this policy.,
,No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed
by the President, a Vice President, the Sec-
retary, an Assistant Secretary or other vali-
dating officer of the Company.
10. NOTICES, WHERE SENT
All notices required to be given the
Company and any statement in writing re-
quired to be furnished the Company shall
be addressed to it at the office which issued this policy or to its Home Office, 433 South
Spring Street, Los Angeles 54, California.
THE PREMIUM SPECIFIED IN SCHEDULE A IS
THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE
EXAMINATION AND TITLE INSURANCE.
Title insurance and Trust Company
FOUNDED IN 1093
-q ••
... ..TI
TO 1056-1 FTC FOUNDED IN 1893
American Land Title Association Loan Policy
Additional Coverage-1962
y2 P 0LICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California cdrporation, herein called the Company, for a valuable
consideration, hereby insures those designated herein as Insured against loss or damage not exceeding the
amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may
become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall
sustain by reason of:
any defect in the execution of the mortgage described in Schedule A, but only insofar as such defect affects
the lien or charge of said mortgage upon the estate referred to in this policy; or
the invalidity or unenforceability of the lien of the mortgage upon said estate; or
the title to the said estate being vested at the date hereof otherwise than as herein stated; or
the unmarketabiliry of the title of the mortgagor; or
any defect in or lien or encumbrance on said title at the date hereof not shown or referred to in Schedule
B or excluded from coverage in the Conditions and Stipulations; or
the priority over the mortgage at the date hereof of any lien or encumbrance not shown or referred to
in Schedule B or excluded from coverage in the Conditions and Stipulations; or
any, statutory lien for labor or material which now has gained or hereafter may gain priority over the lien
of said thortgage upon said estate; or
any assessments for street improvements under construction or completed at the date hereof which now
have gained or hereafter may gain priority over said mortgage; or
lack of a right of access to and from the land; and
the Company further insures that the assignments shown in Schedule A, whether recorded or not, are valid
and enforceable and vest title to the mortgage in the Insured free and clear of all liens;
all subject, howetllié *osof Schedules A, B and C and to the Conditions and Stipulations
hereto annex r,AD
°°lSp °o "/' 'H
S corpoe Im A
op-
0 Z
%— 00
c
1 s 000 TEIS 0 —
0o0o0O°ei;'
Title Insurance and Trust Company has caused its
to be hereunto affixed by its duly authorized officers
Schedule A, the effective date of this policy.
Title Insurance and Trust Company
by
PRESIDENT
Copy of Policy
Attest No additional liability assumed
SECRETARY
CONDITIONS A'NbTTULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "land': the land described, spe-
cifically or by reference, in Schedule C and
improvements affixed thereto which by law
constitute real property;
(b) "public records': those records which impart constructive notice of matters
relating to said land;
(c) "knowledge": actual knowledge,
not constructive knowledge or notice which may be imputed to the Insured by reason
-of any public records;
(d) "date": the effective date;
(e) "mortgage": mortgage, deed of
trust, trust deed, or other security instru-
ment described -in-Schedule A; and
(f) "insured": the party named as In-
sured, the owner of the indebtedness secured
by the mortgage described in Schedule A,
and each successor in -interest in ownership
thereof, and also any such owner who nc.
quires the estate referred to in this policy
by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness,
and any federal agency or, instrumentality which is an insurer or guarantor under an
insurance contract or guaranty insuring or
guaranteeing said iodebtedness, or any part
thereof, whether named as an Insured here-in or not, subject otherwise to the provi-sions hereof. -
2. BENEFITS AFTER ACQUISITION OF TITLE
If any Insured aquires said- eltate, or
any part thereof, by foreclosure, trustee's
sale, or other legal manner in satisfaction of said indebtedness, or any part thereof,
or if a federal agency or instrumentality
acquires said estate, or any part thereof, as
a consequence of an insurance contract or guaranty insuring or guaranteeing said in-debtedness, or any, part thereof, this policy
shall continue in force in favor of such
Insured, subject to all of the conditions and
stipulations hereof.
3. EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY - - -
This policy does not insure against loss
or damage by reason of the following:
(a) Any law, ordinance or govern-
mental regulation (including but not limit-
ed to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or
location of any improvement now or here-
after erected - on said land, or prohibiting
a separation in 'pwnership, or a reduction in
the dimensions ol area of any lot or parcel
of land.
(b) -Governmental rights of police
powe1 - or eminent 'd,omain unless notice of
the exercise of such rights appears in the
public records at the date hereof.
(c) Title to any property beyond the lines of the land expressly described or
referred to in Schedule C, or title to areas
within or rights or easements in any abut-
ting streets, roads, avenues, lanes,, ways or
waterways (except to- the extent the right
of access to and from said land -is covered by the insuring provisions of this policy),
or the right to maintain therein' vaults,
tunnels, ramps or any other structure or
improvement, -unless this policy specifically provides that such titles, rights or easements, are insured. - -
- (d) Defects, liens, encumbrances, ad-
verse claims against the title as insured or
other matters (1)- created, suffered, assumed
or agreed - to by -the, Insured claiming loss
or damage; or (2) known -to the Insured
Claimant at the date -such Insured-Claimant
acquired an estate or interest insured by this policy and not known to the -Company
or not shown by the public records; or (3)
resulting in no loss to the Insured Claim-
ant; or (4-) --attaching or created subsequent
to the date hereqf .( éxceptiñg assessments
for street -improvements under construction
or completed at the date hereof, or any
statutory lien for labor or, material insured
against by the policy, provided, however,
the Company shall not be liable for -any such statutory flen arising from construc-tion on the land contracted for and com-
menced subsequent to the date hereof which
is not financed in 'whole or in part by
proceeds of - the indebtedness secured by
said
mot
tgage which- the Insured has ad,
advanced -or is presently obligated to ad-
vance).
(e) Unenforceability of the lien of
the mortgage' because of failure of the In-sured at the date hereof-or of any subse-
quent owner of the indebtedness to comply
with applicable 'doing business" laws of
the state in which the land is situated.
(f) Usury or claims of usury not 'shown by the public records. -
4. DEFENSE AND PROSECUTION OF AC-
TIONS - NOTICE OF CLAIM TO BE
GIVEN BY THE INSURED
(a) The Company, at its own cost and
without undue delay, shall- provide (1) for
the defense of the- Insured in all litigation
consisting of actions or proceedings com-
menced against the Insured, or defenses,
restraining orders, or- injunctions interposed
against a foreclosu±e or-sale, of the mortgage and indebtedness or a sale of the estate in
said land; or (2) for such action as may be appropriate to establish the title or the
lien of the mortgage as insured,-which liti-gation or action- in any of such events is
founded upon an alleged defect, lien or
encumbrance insured against by this policy,
and may pursue any litigation to final
determination in the court of last resort.
(b) In case any such action or pro-ceeding shall be begun, or defense inter-
posed, or in case knowledge shall come to
the Insured of any claim of title or interest
which is adverse to the title or lien of the mortgage as insured, or which might cause loss or damage for which the Company
shall or may be -liable by virtue of this
policy, or if the Insured shall in good faith
contract to sell said indebtedness and the
mortgage, or, if having acquired said estate as provided in paragraph 2 hereof, in good faith leases or contracts to sell, lease or
mortgage the same, or if the successful
bidder at a foreclosure sale fefuses to pur-
chase and -in any such event the title to
said estate is -rejected as unmarketable, the Insured shall notify the Company thereof
in writing. If such notice shall not be given
to the Company within- ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly
notify the Company of any defect, lien or
encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly
notify the Company of any such rejection
by reason of claimed unmarketability of
title, then all' liability - of the Company in
regard to the subject matter of such action, proceeding or matter shall cease and term-inate; provided, however, that ,failure to notify shall in no case prejudice the claim of 'any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice.
(c) The Company shall have the right
at its own cost to institute and prosecute
any action or proceeding or do any other
act which in its opinion may be necessary
or desirable to establish the title or the lien
of the mortgage as insured; and the Com-
pany may take any appropriate action under the terms of this - policy whether or not it shall -be liable thereunder and shall not
thereby -concede liability or waive any pro-
vision of this policy.
(d) In all cases where this policy per-
mits or requires the Company to prosecute
or provide -for the defense of any action or
proceeding, the Insured shall secure to it
the right to so prosecute or provide defense
in such action or proceeding, and all ap-
peals therein, and permit it to use, at its
option, the name of the Insured for such
purpose. Whenever requested by the Com-
pany the Insured -shall give the Company
all reasonable aid in any such action or
proceeding, in effecting settlement, secur-
ing evidence, obtaining witnesses, or prose-
cuting or defending such action or pro-ceeding, and the Company shall reimburse the Insured for any expense so incurred.
5. NOTICE OF LOSS - LIMITATION OF
ACTION -
In addition to the notices required under paragraph (4) b, a statement in writ-
ing of any loss or damage for which it is
claimed the Company is liable under this
policy shall be furnished to the Company
within sixty days after such loss or damage
shall have been determined and no right
of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and
no recovery shall be had -by the Insured
under this policy unless action shall be
commenced thereon within five years after
expiration of said thirty-day period. Failure
to furnish such statement of loss or dam-
age, or to commence such action within the time hereinbefore specified, shall be a
conclusive bar against maintenance by the
Insured of any action under this policy.
- - - ' (Conditions and Stipulations Continued and Concluded on Lat Pae of this policy)
-
4,
TO 1056-IA C
American Land Title Association Loan Policy
Additional Coverage-1962
42 Sha1ter dove
SCHEDULE A
Premium $ 27 *15
Effective
Amount $ 101Z25*00 te Policy No.
INSURED
tt7 Sving and Loan Aasoei n 9to,
a copWAtiOn.
1. Title to the estate or interest herein referred to as the estate covered by this policy,
at the date hereof, is vested in:
Jaet J Reed. and Amy H. Reed,
la,usband nd wife, as- Joint tenants.
2. The estate or interest in the land described or referred to in Schedule C is a Fe, aa to
Pa1 I 1Lu deeDThe( An eaSeMent as oe1 L, 4 and S*
3. The mortgage and assignments, if puy, covered by this policy are described as follows:
A d tut tven to seoure an indehtedrea In the
amount f 1032500, and anr other amounts 'pz4b1e under the
tema teot
Dated. Ju1r 18 1967
Truz T, Reed and Amy L Reed,
husband and ziie
Truate ?O1at Financial Corporation, a corporation
BenefleAryt r-City Savings and Loan AooiUorx
oporatin
Recorded : Aiguat 29, 1967 Recorder s PiLe No O8
Said de8 Qr truet provides. upon eond1t1on theretn
for eLOn Of tur1ty o obligations 8ecured thereby
fl/double flexo
TO 1012-1 - TO 1086-lB C
American Land Title Association
Loan Policy—Additional Coverage.-1962
or SCHEDULE B
California Land Title Association
Standard Coverage Policy-1963
This policy does not insure against loss or damage by reason of the following:
ii rnea1 and apeel4l taxes of San. Diego County ad the City of
Carlsbad f-dr the fiBe1 year. 196768, now, a 1teno TAYable 1ft Novembe
2. The reettal eoutathed on Previous maps of said land whiei areea
to allow the of poles or similar struc.-tures plaeed along
the right- of way of certain highways to hang over the abutting land.
Z. The 3?eoital oontained on previous waVs of said land re'inquishing
jurisdiction and control over any and all pipes poles or other
structuxee or work, trees and anything of whatever nature that may be
upon "roaS4r over the highways offered for detion.
4. A dedieat-ion to public ue and aeceptanee threot by the Qty
of carlabad, of the drainage water and sewer easements as shown on
said Nap No. 5162.
Affects Lot 42 and Lot 43 herein described.
S. The. affect of the approx imate high rater Une, as shown on Map
M. 516L
Affects Lot 74 herein described.
6. Any rights of the pAblie in and to any portion of said land that
may be determined to be included within the Agua liedlanda Creek
Eetuary- n which said land abuts.0
7. The rigbt to place and maintain an anchor to support a line of
poles -and wire as granted to San Diego Gas &I Electric Company by
deed, - -
Iiecorded July 8 163 Recorders File No. 1184$9
Affects t The Northwesterly 25.0 feet -of the Northeasterly 2.5
feet Of Lot 915
S. An easement for underground eomuunication structures and incidental
purposes, as granted to The Pacific Telephone and Telegraph COnny by
deed. - Recorded J~ay, 19, 1963 Recorder's File No 127076
Affects ;- The Northeasterly 70 feet of the Nor westerly 3 feet
t Lot 42 and the Northwesterly 140 feet of the
Northeasterly 3 feet of Lot l
Said deed teettee: Grantor covenants for himself p hi-s successors
and essins not to place or maintain any building or structure on
said easement-.." - -
1zo
SCDULB B CONTINUED
9, A goner1 easement &Tanted to City of Carlsbad., reeordod July
10 19 or Reeorderts File No. 120355.
Affectst A otrip of sand 18 feet in right angle Iidth extending
fron Cvs Drive to rtna Drive as shown on said Rap of Shelter
Cove, and consisting of the Northerly 18 feet of said Lots 14 end
72 and the pojongat ion of said Northerly 13 feet aeross said
Lot 74.
ALSO granted by said deed
ik temporary easement for eeer eonstruetion over:
A strip of land 15 feet in width that ad joins and that is Southerly
of the abøve deseribed easement.
10. Reeord of Survey 1.iap No 6683 purporting to oho. various
boundriea and dimensions of said land.
11. The iers contained in the document entitled 4DGalawatlon of
estrictiouarecorded August 5 19$ under Re-oorderts File
127577 of Official Records.,which among other things provides for
certain easements, liens, and for covenants conditions and
restrictiOno.
Said d umont provides for subordination of said eoverianta,
conditions and restrictions to any mortgage or deed of trust
made in good faith and for value.
Said eovenants editions and restrictions were incorporated by
reference in deed
Recorded August 29 0 1967 Recorder's File No. 13080
124 Au easement for underground electrical facilities for the
transmission and distribution of electricity and incidental pusposes,
as canted to San Diego Gas & Electric Company br deed.
h 17 1967 Recorders File No, 6713
AffectS The Northeasterly 5.00 feet of Lot 42 and the
1-4orthzeoter1y and Westerly 5.00 feet of Lot 15.
i1/doubThxoa 860603-B
SCHEDULE B CONTINUED
i• An easement for marina and access purposes and incidental
purposes
Reserved by Janss Corporation, a corporation organized under
the laws of the State of Delaware
Recorded August 29,, 1967 Recorder's File No. 130381
Affects
: That portion of said Lot 42 which lies Southerly
of a line described as follows:
Beginning at the most Westerly corner of Lot 44 of said tract;
thence along the Northwesterly prolongation of the Southwesterly
line of said Lot 44 North 47 03630 West 30.88 feet to the
Northwestarly line of Lot 43 thence North 51 048 1 38 West 44.24
feet to the Westerly line of said Lot 42.
An easement for landscaping and tree maintenances purposes,
and incidental purposes
Reserved by Janes Corporation, a corporation organized under
the laws of the State of Delaware
Recorded August 29, 167 Recorders File No. 130381
Affects That portion of Lot 4 which lies within a strip
of land 15.00 feet in width, the Southwesterly line of
said 15 foot strip being described as follows.,
Beginning at the most Westerly corner, of Lot 44 of said tracts
thence along the Northwesterly prolongation of the Southwesterly line of
said Lot 44 North 47 056 1 30 West 30.88 feet to the Northwesterly line
of Lot 43; thnoe North S1G48138t West 44.4 feet to the Westerly line
of said Lot 4; the Northeasterly line of said 15.00 foot strip being
lengthened or shortened to terminate in the Southeater1y and
Northwesterly lines of-said Lot 42.
5
CO tap4
wr
TO 1012-1-1056-ICOCC - -
American Land Title Association Loctn -Policy - - - -
Additional Coverage-1962- S C H E D U L E C
California Land Title Associatidn -
Standard Coverage Policy---1963- - - - -;
The land referrd to in this :policy is described as follows - - -- -
PJ1WEL 1
All ot t 42 - that t?t bG8 iV. iap
In t1je of the COwty , aeaor"r4, San Diaz, - ot* 1i - -. -
0-.q
;r iima U thQ oil 1, a 1 mez cthe 'OPIP
lying be'low a dept ut &D feet- the awfao
said ian thout ver., the xtigt ot -
- -- - - -
A n -Lu1ve eaetnt and right ofy for pee ia w4 vehiu3a
irie o4 2XIO'lludU-181, the right to tp azU att
ove It that-tract d crbed in '516,24 in t1 ifttc -
of thei , Cóity 8an Dt Coity x .-On April 23 186 - or thebawrit of wrd appurt aLt to the -her inaboc - -
dscribe :ce3 3 aund,,- tenant shall -run - vith the
h non6a.c1uve aseert Wd rit of Way for veiiicu1a and OVall
atrat , - erea over Lt 74 of th4 tract ecrbe in
- &1 . erd in th oftfic of the Co rder $an iogo
Cnt on April 2$ 9S5 hieh ieiGñt for the benefit -
of and appurtenant to the harelrAIMPO d eribede 2ere1 I an oe1
bU runTrIth the landj,-a.-A whiph e cuent bj t - - -
to auawl rtes and reuatóna - for we a be ProwlZated from to tmc pw'suant to the DeoIarct10 of ft-str'ctiono - nt Protoctite -
CovenvM roz1e p cI4- ie crtted otr - - - -
This baU t-eiminate a to any tge1 rea ttdn Lot. (4
aa soona ", 001notructlon of any u -face facility - to - inted therein. - - Jue nharfte area s t thiOh eferaé A in the -
previOus tone, is a one of thoa lineat in Ezit 5 ,
- in the Of R -
?octtve °- - - - - - - - -
MRC!L 4
An ewent over that portion Of the above roferen Lot 74 of eci -
tract ob por--o - in - -herfae Area 42 as de-Um-ate in bit - - -.
to :zud -In poed In the above referentM Dt of - - -
iCtt-On :and Prebeetive Oafenarntz,, zaldent to be for the -
il,/dQuble flexo tape
I
6TIP
SCHEDULE C CONTINUED
exclusive right to construct, maintain and use a wharfage facility
pursuant to said Declaration of Restrictions and Protective Covenants,
and appurtenant to Parcel 1 above
PARCEL 5:
A nonexclusive easement over that portion of Lots 74 38 39 0 42 and
43 according to said Map 5162 thereof, which portion is delineated and
designated as Lot A 1 by Exhibit B" attached to and incorporated in
the above referenced Declaration of Restrictions and Protective
Covenants said easement to be used for the construction and maintenance
and use of a ramp or other right of way between Lot 42 and Wharfage
Area 42.
7
S -
10 238 VC 5//EL TARrcó VE sica
LOT 74 _4
AOA~S ST - D-cTA IL
£ETA/
® This is not a survey of the land but is compiled for information by the
Title Insurance and Trust Company from data shown by the official records. - ~l
\.
hOT 0
(61
If after' the information you have submitted has been reviewed, it is determined
that further information required, you will be so aded,.
/
APPLICANT:
Name (individual, partnership, join1 venture, corporation, syndication)
)
treell C-4'
Business Address J - --
r4 Tel hone Number -
• AGENT:
MEMBERS:
Name •
1,ce-- CPOAW21?LVC.11
Business Address •' .' • .:.'
• Telephone Number •
•
• - - -
I
Name (individual, partner, joint Home Address
• venture, corporation, syndication) -
901
• Business Address •
Telephone Number Telephone Number
_Aeez) '- 9r4r j), C#9Pf#o
NL-ae 6' Home Address
-. Business Address
44 914A.-
Te).ephorie Number - Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended. -
'r Az
Applicant
BY
gc-nt_-/0-.-.ner,1 Partner
V. •.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name V
City of Carlsbad
V Parcel No."3
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 9Dday of ,9PRjI , 193
by and between XVfl iRsc8,ec &ev?e4/
/45i di 8,/~A
name or cleve.Loper--owner) V
a ________ ___, hereinafter referred to a
(Corporation, partnership s etc.)
"Developer" whose address is -PC BOX 'Ne379 7-
(Street)
ci4tS814L C/+
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.
W I T N E S S E T H:
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
W)!EREAS, Developer proposes a development project as follows:
,3 00/t ,ii1tciii Oiec
cc
REV 4-9 -82
I
'on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the -day of
193_, with the City a request for ,'tip,E -&A5,iu/n''i
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 April 2, 1982, in file with the City Clerk and
1
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.
REV 4--2-82
NOW, THEREFORE, ilconsideration of'the rec•ls and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% 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 gr improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% 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 mobilehome 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 to City a public
faciities fee in the sum of $1,150 for each mohilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the .ssuance of building or other construction permits for the
development. This fee shal.. be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3--
REV 4-2-82
• 2. The Developer may offer to donate a site or 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:s'ite or
sites for public 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 pa -d.
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
aiid 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
agences as evidence of adeuate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-1k
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 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 of 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 If 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 inure to the
benefit of, and shalL apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to b3 reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If 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-.
.
~4_91 a
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(name)
69tct/ /yLnei
( T It 1 e)
- BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(T itle)
ATTEST:
ALETHAL. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENI' F. BIONDO, JR.,
A t- .-' _...
STATE OF CALIFORNIA
I COUNTY OF_ Ofl_PjO
SS.
On_ T.lj L_4 1—h
, before me, the undersigned, a Notary Public in and for said State, personally appeared
,.T'yyi rc-h.Pr?1
personally known to me or proved to me on the basis of satisfactory evidence to be '+Fif2. 12CitftI
of the partners of the partnership that executed the within Instrument, and acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
(Seal) BEV BATCHELDER
NOTARY Pt;Ri.Ii:.(ALIFORN)A
f PRINCiPAL OCE IN f "E U ft SAN DILGO COUNTY
',,AV Commission Expires Nov. 16, 1984
Sw
(Notary Public's Signature)
I
EXHIBIT "A"
LEGAL DESCRIPTION
esc r eco
••:.
Cam
&eyO
0 [I 3(
QUALITY
ORIGINAL (S)
r ..-.. - .- - -.
--
A' THE REQUEST I .. 1IrNo. SMhCQ T1TU)t4SJRANCE CO 83-O2r'7
l .RrCtRcrfl1' .
.Oi)1IO f°7 - !4Pi 1927
WHEN RECOWED MAIL w
° ZS P14 2 SS
* L •.&ES-±CkiBEftG. LtxLff
• 0/0 RICHARD .ifjACQURN . C:YREC J IO /- I
JACOpY MEYEM DAV OFFICE IUF I
#211c1 ôuth Hi1 Slteet pp /;5iAII • •.- . -
Ocaide C1h 92O54 - croci tHis LINE FO fltCOf9DhPS U0,
4AILTiXSrATEMEtTs TO 0OcUfENTARY TRNEFER TAX
SOLBR$A, Z10. .X. Compuled 099 he con drpii000r v.juØ 09 p9opIrty co.*.~i OR
'/o JAMES HIRSLIRBERG Compuadd
o 942 1rdir treet nIn.tJmot0st.
46
r1bd CA iZOOB
.- GRANT DEED j
POIA VALYA&E NStDERATIN. receipt of which Is hereby acknowieçied( :
JACK J REEDnd MY H RED, Husband and Wife, i2a Joint Tenants
I
I
hereby RANTSf to . - * . OLBR1SA,
a Uxtd Part*rip
- -
the 9,? proporty,ln 11Th Oily of Carlsbad
it County of Sah Diego . State of Ciiforni* ds.rib.d a'
•j
- . - I - •,
/ V
-s-.-
-4.—. * - -.-- •.t-.• M
batad_Januy 11 1983
r,tg OF CALIFORNIA. I • JACK - --
-0UN10F • I . . . -. - -
• -
: IEGO.
c, - A4Yn*LE
kefors, me. the UndirsifM
LINDA,IV
L
PbahIbId 'the Mytp msmirn.in pid nontadg,d that
4— --------'----'the "Ta,
- tNS
in nOIIici
- • t"'610.1al mistrialisil
* --. LIND H. GAIiIAMG . - .. West 114(le)
- - - - *
-- MAIL TAX §TATEMENTS AS DIRECTED ABOVE
. I, • I I
r • . - .-, F -
.' ' : • -
.. ' . • .- - - - : • . .
1
-
i•,• '- ---• -
~-e
•
411 ôf.Lot2of tuit trnet described in Mao,-140. 5121 '
XeCOtOd ±fl thO Office of be County Iocordet, son Meo 4
'- County &l Cifq ta on Aptil 23 1963
'Y. RESEVINQ ND fXCEING't1orOf eon an easomnt for mAkina -
& nnd aetSe -p*xpoaee, and the right to convey n interest
• ' : •: • n,uch eCseent to an unlimited number of others,
• ;., : '. tat pprtpf said. Lot 42 which lies southerly, of, a
•', - '-•-': s..'Y ine-descjbedas foflows: - ;•
I I
• • ' gipnihg at•the ntd \estely corner pf Lot 44-Of i-:ttact: thece along the nbrthweter1y - -, - - --- ol&gation of the outhwesterly ui-n&f said ,.'',
xo44iorth 47 degrees 36 3Q" west 3 0 88'fet to - the ftorthwesterly tipe of Lot 43 therceortW
•5e1 degrees 48 38 11 west 44.24 feet to t -wester'ly '
- 4n& of the -said 1at. 42.
•I
, •,,
••_,i••. - ,•- - •'
- LSO SERVING-AND EXCEPTING therefron, topthet with the , -
• ' • ' ;right; o 'conve.y to uthers; p easement for dcaping - -
'treeaintenance purposes ever that portion-of said Lot 421
- hichs ie-withth a strip of land 15.00-feet in, width; the
• •
'as line,of said 1.foot' strip be1ng-descibed -
k:- '• • -- -' as follows: - I -
* pegn&ing at the rnot estorly corner cf iot 44,.of , '
• - '; -- - -. said tract; thencg along the northwesr1y prolongation -
f the southweste-ty tine of said Lot 44 norti 47 degrees • : S6 1 ,301! West 30.8 feet to the northwetetly 1i'nd of - "J4pt 43: thence' nqrth 51 degrees 48 1 38' Wt 44:.24 fOOt
- --A-. 'th %10wester1y line of the said Lot '42'; m ortheaste11y
of said 1.06 foot strip.being -1etenedqr -
• .• . •thctened to tdrithate in the southqastórly and npEth-
Wsteply lines of said Lot 42.
-
.Tree ,maintenance includes the planting, culti'ation and kentoval • • '- ' '. -
of , tirpes togetber-wth the right to construCt.- oporate and aairtain ;
- - -. • •. '
equipment for tree Vat4ring and tree 1igtthg There is also • eeservbd and excepted; together with the ?igh to contey to thes suc improvements lying within tl4s easement parcel which
FeI'te to the easement purposes
FURTHER RBSERVING AND-EXCEPTING all the oib, and. '
other hydrocarbon substances lying below a dh O, 50i0 feet
from the surface of said 1nd, without, however1è rght of
- - ' surface entty. - - c • "
PARCEt1
4 J non-oxciusiwe easemot)t and right of wafoi poaostriat and
/ vehicular ingress and egress 1 including the gtb transport
smll'-watercrtft,' over tot iS of that teCt cbod. in 1.4ap
- • -,1 • No. recor4ed in the office of the otnjflOrder, San,
- '' " - • :"- -'L- -.f c,
I'
1kQLIIJ_1_
-- JanuaYI • -• /
-• - , - , fl1* $ 19otay Public In 44d tot tild HOWSUOUU4nIIIIMU$auuuat*$UIIIIHM T. RFBD and_ nd JACK
of s ANjilMOCOUMT th flit100 PCp$mlbiIofl SxpItes ,L 30,1043
- to ii.. ,t01t lnstwmun and 904e4n
jtotc4tid th1i0 ' ' ' ' - - • -• - -•
• -• -! -' WITNESS tfl and Kil' • - '-• - ' - -
-• " - II A di 1-)AIittvjSL_ • for olIttlil nOUINI W4$t
4002 l-btU)
..
I
54,
$ I 199
1.4
' - - - -- - - - .Diego county, Suite Of Californiu,.n Apri-1 23, l963 -wlich
aaêmt for fhe bnef it of and app intto the
I'll re- • inAbove desgbed Parcel 1 and being appir4enànt ha.i run
wit,h the la
1 PACEL3
A nonexcluive easement and right: qf 4lay for yehioulacr and
141l watercraft inres5 and egress over Lo 74 of tht rec
descz'ibed in Map No 5162 recorded ii the Mace a the
:County Recorder,-, in the County of San jige Statu L- dalifornia.-
/ on April 23 3963 which wasement is for thP behefit ot and
/ - ,
bp
ppr-ten'ant to &' horeinabove described--Pacej I and, being
• ,, '-,. 1' ' -1 , purtena1t, hail run with the land, án&wMch easemet is • ••• sjoct to such rules and regulations fot Use as may be pro- - - !'-y - ñulgate6 from timd to time pursuant to the bECURAT101WbF - -
'RCShrCrIONS AND PROTECTIVE COUVENANTS more parUcu1ery described
, bo1ot'
'Phie Casement iaU terminate as to any wevfego pro ,ithin
as s,pen as rontrution of any go facility i -
' -- - - - initiated thetoin. Such wharfage atoa, tO-h1ch rofnce is 'ade- In the previous sentence, is any ono,-o thosedollnaated
Ln Bihibit. "B" èttachcd to an inorporatedn the DECLARATION
'OF PSTRICTIONS- AMP PROTECTIVE CONVENANT more Specifically
-below ! ,
: ,PARCEI4
-: :. 'n o4aament over that portion of the: above xefecbnced ot 74
t said tract which portion is Whtirfage :42 aa deXincatd ',..in Exhibit "B' ttachod to and incorporated in the 'above -
-' • ' referenced - DEMtATION OF RESTRICTIOM5 AND PROTECTIVE 'CVNAMT$, -
""d ,easement to be for the eccluEive right to constru maintain
- -' - - •
;And use, a wharfage facility pursuaht to aid D1CZj),RATXON OF
RS$TRXCTXONS AND PROTECTIVE CONVSNAI4TS and, pptttenant to
eel 1 bVe. - - - - - , -
• PARCEL 5 -. - - - -
4ngn-exciusivs easeTnent over that portion of Lots 74 38 39
:-' - 42 and 43 aecordigto said Map 5162 thet'gf, which portion is
-' . délieated and 'deaigpated as lot "A" ;4y $hibZt "II attached to -
i - • -
and incorporae in the above referprtoed DECLARATION ó - '
I RESTRXCTIOI4S 19D PROTECT'rVE COtWNANT oid eas'met to b used
for the cônsfrutuon maintehancó gnd use qf ramp or othet
'jgt of betweet,o.t 42 and That'agG -Aia 42.
60
-
V
2
------ - - --1-!
SAM JEGt) [
anay il l 1963 AM
b.fur! mil. !hè undol ai
4' .- - .-L;t' oyodQ me on the : 1N0AM. GALEANO - --
a :9Q9rLidenceto - -•
$bp*iob - I
WITNE8 *nd
iialatlif -
RECORDED AT THE REQUEST OF: I 8M 0 2 6 2 aa.
SAFECO TITLE INSURANCE CO ' ' 1919 r r I J r fl After Recording Mail To; -
SQls q
James Hirschberg 3 JN 25 rj 2: 59 2942 Harding Street
Carlsbad, Ca.92008 \'EPi L 1-Y I E-
CERTIFICATE OF LIMITED PARTNERSHIP
RE /O
Section 1.0 Name The name of the partnership is SOLBPISA LTD.
Section 2.0 Character The character of the business of the partnership
is threefold: (I) to make capital investments in all types of enter-
prises but only so long as they shall be lawful; (ii) to set up an
organizational structure which is capable of providing consulting
services to third parties who may desire to contract for such consulting
services from the partnership; also (iii) any business that a limited
partnership may lawfully carry on, except that of banking and insurance.
Section 3.0 Place of Business The location of the principal place of
business of the partnership is as set forth in attached Exhibit "A"
entitled "Place of Business" which exhibit is incorporated herein.
Section 4.0 Naites and Residences The name and place of residence of
each member of the partnership are as set forth in attached Exhibit "B"
entitled "Partners Names and Residences" which exhibit is incorporated
herein.
Section 5.0 Term The partnership shall coma into existence as January
15, 1983, and continue to exist until its end date of January 15, 1986,
after which date it shall no longer exist. Such end date, however, may
be changed to occur later or earlier by the affirmative vote of both the
general and limited partners owning in the aggregate 100% of the part-
nership capital.
PAGE ONE
1I•
1920
Section 6.0 Contributions The amount of cash or other property contri-
buted by each limited partner is as set forth in attached Exhibit "C"
entitled "Contributions" which exhibit is incorporated herein.
Section 7.0 Additional Contributions No additional contributions ar
agreed to be made by any of the limited partners.
Section 8.0 Return of Contributions No time is agreed on when the
contribution of any limited partner is to be returned.
Section 9.0 Share of Profits The share of the profits or losses of the
partnership, which each limited partner shall received by reason of his
contribution is as set forth in attached Exhibit "D" entitled "Share of
Profits" which exhibit is incorporated herein.
Section 10.0 Substituted Partner No right is given a limited partner to
substitute an assignee as contributor in his place excepting upon
requesting and receiving the written consent of 100% of the other
partners.
Section 11.0 Admission of Additional Partners Additional limited
partners may be admitted provided all partners presently admitted shall
unanimously agree (i) that such person should be admitted, and (ii) upon
the terms and conditions for that admission.
Section 12.0 Priority No right to priority over other limited partners
as to return of contributions or to caensation is granted to any
limited partner.
Section 13.0 Contribution On the dissolution of withdrawal of the
general partner the limited partners may elect to continue the business,
but only if all shall unanimously agree on the appointment of a new
general partner.
PAGE TWO
S. (i '-1921
Section 14.0 Return of Contribution No right is given a limited partner
to demand and receive property other than cash for his contribution..
Section 15.0 Voting Rights The written approval of those limited
partners who possess in the aggregate 100% interest in the capital Of
the partnership is required to:
(1) remove the general partner;
(ii) elect a new general partner;
(iii) terminate the partnership;
(iv) change the limited partnership agreement; and
(v) sell substantially all of the assets of the partner-
ship.
Notwithstanding the requirements of this section this certificate
may be amended as outlined herein.
Section 16.0 Amendments to Certificate of Limited Partnership
An amendment to the certificate of limited partnership may be signed in
person by, or by the attorney-in-fact of:
(i) A general partner and the new partner if the
amendment is caused by the addition of a new part-
ner.
(ii) A general partner, the substituted limited part-
ner, and the assigning limited partner if the
amandment is caused by the substitution of a
limited partner; or
(iii) A general partner if the amendrent is caused by
the resignation, death or incapacity of the present
general partner and the partnership business is
continued.
Section 17.0 Authority To Execute Documents The General Partner,
through its authorized agents, is authorized to execute on behalf o
this partnership any deed, conveyance, deed of trust,' contract, note,
escrow instructions, assignment of a deed of trust, reconveyance
under a deed of trust, and any other document affecting any interest in
real property or relating to any loans secured by real property now
owned or hereafter acquired by this partnership. No other partner need
sign any of these documents. Such authorization also extends to
PAGE THREE
executing any agreements and contracts that are necessary to or involved
in conducting the business of the partnership.
Section 18.0 Signatures IN WITNESS WHEREOF, the parties to this Agree-
ment have executed this Certificate of Limited Partnership on the date
shown below:
g a3
ADDRESS 3 DATE
( \ \ i ')
ADDRESS DATE
CTcLA,,
UN ADDRESS • IJATE
C4(J97Zi
ADDRESS DATE
Section 18.1 Acknowledgment
STATE OF CALIFORNIA, COUNTY OF 3(2'rt ) i
this I I -tf\ day of____________________
ared: undersigned, a NOTARY _____________________
1983, before me the
CK JT f1j'
H,(EJL1?
who proved to me on the basis of satisfactory evidence to be the persons
whose names are subscribed to this instrunen1 a41 acknowledged to me
that they executed it.
DATE: BY:(l .
LINDA M. GALEANO
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
PAGE FOUR My Commission Expires Sept. 30, 1983 -