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HomeMy WebLinkAboutCT 80-39; W VALENCIA & HILLSIDE; Tentative Map (CT)S ' Receipt No. 7/s/t APPLICATION NO. CARLSBAD TRACT CITY OF CARLSBAD (Please Type or Print) DATE: 1. REQUEST: Tentative Subdivision Map for: Land -Division (Land division - air space divisT - combination land and * air space divisionO -' . LOCATION: The subject property is generally located on the West side of Valencia & Hilisidebetween Park Drive and_ Sevilla Way - Portion of .. ASSESSOR'S NUMBER: Book 207 Page 100 - Parcel 51 Bcok Page . Parcel (If more, please list on bottom of page). . 4. OWNER(S):Name 5 0 Address City Zip -Phone L. R.'Paftneihi'p 1155, 025 Elm Ave., Carlsbad,. ja. 2200F 72 9-. 7911 5.. Persçn responsible for preparation of Map: Name Address City Zip Phone RaymondRibal, 770 'S Brea BIird.,'Ste'*203, Brea, Ca. 92621 529-4991 Registration or License No. : R E.1136 APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agr to. .. ..NmI .........Address .......City Zip Phone 'E]hii 'Ave'.....an's -. Representing (Company r Corporation), L R. Partnership and 'Kamar 'Construction Go'.''' Relationship to Property lOwner (s) As per State Law the City has 30 days to determine if your submitted application is complete and ready for acceptance. Incomplete applications may delay acceptance. To better ensure complete applications, the Planning Department would appreciate working with the applicant during the planning stage of the proposed development. This request is not a 'requirement, however,' it may avoid revision of plans or non-acceptance of the application. ATTACHMENTS: Supplemental Information Form - Planning 20 Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures - Planning 36 FORM:. Planning 8 Date of Planning Commission Approval SAFECO TITLE INSURANCE COMPANY PRELIMINARY SUBDIVISION REPORT No. S'612268 Subdivision Laguna Riviera 1/11 Dated August 18, 1980 as of 73O AM0 For the benefit Of the County of San Diego, any City within which the subdivision is located, the Subdivider and the Subdividers Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on _,by SAFECO Title Insurance Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating the compliance with requirements necessary for the issuance of a Subdivision Guarantee. It is understood, that the Company's liability Is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said Guarantee is assumed by this Report, except that If no Guarantee is issued under this Order the amount paid for this Report shall be the maximum liability of the Company. SAPECO TITLE INSURANCE COMPANY By L. JERRY GUNNELS Title Officer PRELIMINARY SUBDIVISION REPORT P286 (G0S0) I S . SAPECO TITLE INSURANCE COMPANY PRELIMINARY SUBDIVISION REPORT-SCHEDULE A No. S-612268 Subdivision: Laguna Riviera #11 Dated: August 18, 1980 as of 7:30 A.M. The map hereinbefore referred to is a proposed subdivision of: SEE EXHIBIT "A" ATTACHED The parties hereinbefore referred to are: VESTING: L R PARTNERSHIP, LTD., a limited partnership EXCEPTIONS: 1. General and special district taxes, a lien not yet payable for the fiscal year 198081. 2. An easement affecting a portion of said land, for the purposes stated herein and incidental purposes, in favor of: OCEANSIDE MUTUAL WATER COMPANY For: Pipe lines Recorded: August 22, 1930 as Document No. 40104 in Book 1795, page 355 of Deeds Affects: The location of said easement is as follows: Beginning at a point on the most Easterly line of Bella Vista, distant thereon North 15 0 10 1 30" East 11.40 feet from its intersection with the center line of Park Drive, as shown on Map No. 2152, filed in the Office of the Recorder, March 7, 1929; thence along the following courses and distances: I . S-612268 Page 2 (1) South 46008127fl East, a distance of 370.11 feet. (2) South 86 °18'50" East, a distance of 609.15 feet. (3) North 59 °56'10" East, a distance of 849.69 feet. (4) North 711I 1 1.0 ? East, a distance of 957.09 feet. (5) North 76 °09'40" East, a distance of 1560.00 feet. (6) North 64 °54 1 40" East, a distance of 2290.00 feet. (7) North 76°09'40" East, a distance of 257.96 feet to a point in the Northerly boundary of said Lot "I", distant thereon North 64 °13'50" West 65.3 feet from a 2 inch pipe marking on angle point therein. The Interest of said Oceanside Mutual Water Company has since passed to the City of Carlsbad. 3. An easement affecting a portion of said land, for the purposes stated herein and incidental purposes, in favor of CAELSBAD MUTUAL WATER COMPANY For: The construction and maintenance of a line of pipes and necessary supports and appurtenances Recorded: November 3, 1941 as Document No. 68347 in Book 1271, page 70 of Official Records Affects: Said right of way being of uniform width of 20 feet, the sides being 15 feet Northerly and 5 feet Southerly from and parallel with the line described as follows: Beginning at a point on the most Easterly line of Bella Vista, distant thereon, North 15 °10'30" East, 11.40 feet from its intersection with the center line of Park Drive as shown on Map thereof N. 2152, filed for record March 7 9 1929 in the Recorder's Office; thence along the following courses and distances: 1st: South 46 °08 1 27" East, a distance of 689.29 feet; 2nd: South 82°21'27" East, a distance of 226.62 feet; 3rd: North 7000813399 East, a distance of 355,00 feet; 4th: North 46 °51'10" East, a distance of 777.15 feet; 5th: North 71 0 11 1 10 East, a distance of 957.09 feet; 6th: North 76 009 1 40" East, a distance of 1560.00 feet; 7th: North 64 054 1 40" East, a distance of 2290.00 feet; 8th: North 76 0 09 1 40" East, a distance of 257.96 feet to a point in the Northerly boundary of said Lot "I", distant thereon 6 °13'50" West, 65.3 feet-from a 2" pipe marking an angle point therein. The interest of said Oceanside Mutual Water Company has since passed to the City of Carlsbad. 4. A deed of trust dated April 4, 1967 to secure an indebtedness of $928,170.74, and any other obligations secured thereby, recorded April 20, 1967 as File No. 54629. S-612268 Page 3 Trustor: L R PARTNERSHIP, LTD., a limited partnership Trustee: SECURITY TITLE INSURANCE COMPANY, a California corporation Beneficiary: CARLSBAD BAY PROPERTIES, LTD., a limtied partnership Said Deed of Trust provides for partial release and subordination upon the terms and conditions as set forth in Amendment of Subordination Provisions, recorded June 23, 1972 as Instrument No. 161387. Covering this and other property. 5. A deed of trust dated December 28, 1979 to secure an indebtedness of $15,285.00, and any-other obligations secured thereby, recorded January 22, 1980 as File No. 80-024681. Trustor: L R PARTNERSHIP, a Limited Partnership Trustee: SAFECO TITLE INSURANCE COMPANY, a California corporation Beneficiary: CARLSBAD UNIFIED SCHOOL DISTRICT NOTE: Tax Figures for 1979-80 1st Installment $1,433.35 paid 2nd Installment $1,433.35 paid Land $64,464.00 Improvements $None Exemptions $None Tax Rate Area 9000 Parcel No. 207-100-51 EXHIBIT "A" That portion of Lot I of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the office of the County Recorder of San Diego County, December 16, 1896 described as follows: BEGINNING at the most Southerly corner of LACUNA RIVIERA UNIT NO. 5, according to Map No. 7260 filed in the office of the County Recorder of San Diego County, April 18, 1972 said point being in the are of a 520.00 foot radius curve concave Westerly, a radial line through said Point of Beginning bears South 69 °51 1 13" West; thence South 69 °51'13" West, 120.00 feet; thence South 11 °04'28" West, 61.29 feet; thence South 02004 1 50" West, 120.00 feet; thence South 07°33'36" West 214.00 feet to a point in the Northerly boundary line of Park Drive; thence South 82 °26'24" East along said Northerly line of Park Drive -to the beginning of a tangent curve concave Westerly, having a radius of 20.00 feet; said point also being a point in the boundary line of LACUNA RIVIERA UNIT NO. 4 according to Map No. 6529 filed in the office of the County Recorder of San Diego County on April 20, 1967; thence along the Westerly boundary of said LACUNA RIVIERA UNIT NO. 4 the following bearings and distances; Northerly along the are of said curve, through a central angle of 90°00'00" a distance of 31.42 feet; North 07 °33'36" East 263.68 feet to the beginning of a tangent curve concave Westerly and having a radius of 520.00 feet; thence Northerly along the arc of said curve through a central angle of 27 °4223" a distance of 251.46 feet to the Point of Beginning. EXCEPTING THEREFROM all oil, gas and other hydrocarbons lying 500.00 feet below the surface of said land, but without right of surface entry to remove the same as conveyed to Carlsbad Bay Properties, Ltd., a limited partnership, in deed recorded June 10, 1968 as File No. 96383. Typed/ag 9-5-80 S-612268 S SUBDIVISION GUARANTEE Fee $50.00 No, S612268 Subdivision: Laguna Riviera #11 Dated: August 18, 1980 as of 7:30 A.M. SAFECO TITLE INSURANCE COMPANY a corporation GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are as set forth in Schedule A. BRUCE N. JONES Secretary An Authorized Signature SUBDIVISION GUARANTEE CLTA Guaratitee Form No. 14 P-35 (G.S.) Rev. 3-'75 W. H. LITTLE President . . SAFECO TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE-SCHEDULE A No. S612268 Subdivision Laguna Riviera #11 Dated: August 18, 1980 as of 7:30 A,M0 The map hereinbefore referred to is a subdivision of i SEE EXHIBIT "A" ATTACHED The parties hereinbefore referred to are: VESTING: L R PARTNERSHIP, LTD., a limited partnership EASEMENT HOLDER: The City of Carlsbad under deeds recorded August 22,, 1930 in Book 1795, page 355 of Deeds and November 3 9 1941 in Book 1271, page 70 of Official Records. TRUSTEE: SAFECO TITLE INSURANCE COMPANY, a California corporation under deeds of trust recorded April 20, 1967 as File No. 54629 and January 22,. 1980 as File No. 80-024681 4 4 I •' . EXHIBIT 'IA" That portion of Lot I of Rancho Agua Hedionda, In the City of Carlsbad,. County of San Diego, State of California, according to Nap No. 823 filed in the office of the County Recorder of San Diego County, December 16, 1896 described as follows: BEGINNING at the most Southerly corner of LAGUNA RIVIERA UNIT NO. 5, according to Map No, 7260 filed in the office of the County Recorder of San Diego County, April 18, 1972 said point being in the arc of a 520.00 foot radius curve concave Westerly, a radial line through said Point of Beginning bears South 69 °511.3 West; thence South 69 °51,13" West, 120.00 feet; thence South 1100428u West, 61.29 feet; thence South 02 0 0450" Wet, 120.00 feet; thence South 07 °33'36" West 214.00 feet to a point in the Northerly boundary line of Park Drive; thence South 82026 '24" East along said Northerly line of Park Drive Co the beginning of a tangent curve concave.Wester1y, having a radius of 20.00 feet; said point also being a point in the boundary line of LAGUNA RIVIERA UNIT NO 4 according to Map No. 6529 filed in the office of the County Recorder of San Diego County on April 20, 1967; thence along the Westerly boundary of said LAGUNA RIVIERA UNIT NO. 4 the following berings and distances; Northerly along the arc of said curve, through a cntral angle of 90 °00'00" a distance of 31.42 feet; North 07 °33'36" East 263,68 feet to the beginning of a tangent curve concave Westerly and having a radius of 520.00 feet; thence Northerly along the arc of said curve through a central angle of 27 °42'23" a distance of 251.46 feet to the Point of Beginning. EXCEPTING THEREFROM all oil, gas and other hydrocarbons lying 500.00' feet below the surface of said land, but without right of surface' entry, to remove the same as conveyed to Carlsbad Bay Properties, Ltd., a limited partnership, in deed recorded June 10, 1968 as File No. 96383. Typed/ag 9-5-80 S-612268 4 19 t a * C •4 - .1 1 APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this fOrm has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limite&) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. • • I I \ I. If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: L. R. Partnership - Name (individual, partnership, joint venture, corporation, syndication) P. 0. Box 1155, 325 Elm Ave., Carlsbad, Ca 92008 729-7911 Business Address Telephone Number AGENT: Kaniar Construction Co. Jerry L. Rombotis Name P. 0. Box 1155, 325 Elm Ave., Carlsbad, Ca 92008 729-7911 Business Address - Telephone Number EMBERS: Robert L. Rombotis 2341 Nicklaus, Oceanside Name (individual, partner, joint Home Address venture, corporation, syndication) 325 Elm Avenue, Carlsbad, Ca. 92008 Business Address 729-7911 433_3130 Telephone Number Telephone Number Jerry L. Rombotis 1730 Calavo Ct., Carlsbad Name Home Address 325 Elm Avenue, Carlsbad, Ca. 92008 Business Address '-- 729-791 1 729-5080 Telephone Number Telephone Number (Attach more sheets if necessary) 1,/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. • ..• ___ Applicant BY Agent, Owner, Partner SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/ PtTD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN. 3) Gross Acres (or square footage if less than acre) 2.02 Acres 2) Number of Lots or Units 7 3) Type of Development Residential-. Residential, Commercial, Industrial 4) Present Zone P.C. Proposed Zone (If change requested) 5) General Plan Land Use Designation Residential 6) Source of water supply City of Carlsbad 7) Method of sewage disposal City of Carlsbad 8) Types of Protective Covenants to be recorded See Attached - 9) Transportation modes available to service the development North County Transit District line 20 is on Valencia. 10) School Ditrict(s) serving the property * Carlsbad Unified School Dist. U) If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land N/A pay fees, • ____, or a combination thereof 12) Methods proposed to reduce sound levels 13) Methods proposed to conserve energy Low flow shower heads, low flow • fauet, minimum sized furnaces, full insulation of all exterior wall andcelLingareas, electro-spark ignitors (no pilot light) on furnaces and cooking appliances. Full weatherstripping of exterior doors. Additional Sheets may be attached if necessary to answer any of the above questions. FORM PLANNING 20 - February 1, 1979 0' 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. '1-8-fqcr') Date Robert L. Rombotis Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 -- - - ---- - --- -- -'- - - -- :r - • S STANDARr CONDITIONS 1 ) CITY 0 ARLSBAD ) TENTATIVE SUBDIVISION M Subdivision and development shall meet all requirements of the subdivision, zoning, building codes, and General Plan and other laws, ordinances or regulations of the City of Carlsbad, and other governmental agencies. Some of the more pertinent requirements and procedures of the City are listed below for your information and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 1. Final Map shall be completed within 18 months from the date of final City:Council action on the Tentative Subdivision Map. Two •extensions of one year each may be approved by City Council upon staff review of the original decision. . 2. The Final Map shall substantially conform to the Tentative Subdivision Map. If otherwise, the Final Map will be rejected and new Tentative Subdivision Map hearings will be required for the revised plan. 3. All public improvements shall, be made in conformity with the Subdivision Ordinance and other City Standards, to the s •atis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the 'location, type and adequacy of water lines. 5; Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. 6. The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. . . 7. Street trees, as required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition. 8. A detailed grading plan. which included proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final'Map. 9. . Immediately after grading, erosion control landscaping and/or other measures such as desilti'ng basins shall be installed. This control may be the final landscaping, if so approved. 10. A detailed landscape and sprinkler plan shall be sub- mitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas re- quired by the City. 11. Prior to final building inspection clearance, all land- scaping shall be installed or adequate bonding accepted. Said landscaping shall be maintained in a manner accept- able to the Planning Director. . 12. No signs or advertising of any type whatsoever shall be erected or Installed until plans thereof have been approved by the City of Carlsbad. As part of the approval process, the City may modify these conditions or. add others, especially those of a more specific nature, The sub- divider will be notified of these modifications or additions by Resolution. 4, PREPI\IThrIlION C1JEC7 JJST TENTATIVE SUBDIVISION 141\P A. Documents required for ubmttai: Application with supplemental information sheet completed. Time extension agreement signed, if desired. ,3- Preliminary Title Report. 4.- Eighteen blueline prints of the Tentative Subdivision Map. Maps must be folded in a size not to exceed 8½x11. Environmental Impact Assessment or Report with fees (if required). Fee for tentative subdivision map: $200.00 + $5.00 for each lot between 1-25, + $3.00 for each lot between 26-100, + $1.00 for each lot over 100, extension $100 and revision see Section 20.08.020. Street name list for new streets' (3 names for each street in conformance to Street Name Policy or one name chosen from approved Street Name List for each street). 300 foot Radius Map - A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject' property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale 'is impractical. 9.'6roperty Owners and Occupants List: Two copies of a typewritten flat on self-adhesive (Avery) labels of the names and addresses of all persons, owning property in possession, if different, within a 300' radius of the exterior boundaries of the subject property. The latest equalized assessment roll is available in the Office of the Assessor of San Diego, 1600 Pacific Highway, Room 103, San Diego, CA : Phone 23-3771. _D-Disclosure Statement 11-. A valid sewer permit or a written statement by the City Engineer that he finds there is adequate sewer capacity available for the proposed ue at the site or that he finds that the proposed use and site can be adequately served by alternative City approved on-site sewer system. Applicant please note: this determination must be done prior to submitting application and it xtiay require preparation on your part to provide sufficient evidence to the City Engineer. It is suggested you make early contact with the Engineering Department for such determination. 12. For residential developments 'only a guarantee is required that school facilities will be available at time of need. If the project is located in the San Dieguito High School, Encinitas Elementary, or San Marcos Unified School District, -the City will contact the district to arrange the meeting of this requirement. If, however, the project is within the Carlsbad.Unif led School District, it ,is the responsibility of the applicant to make arrangements for the guarantee of school facilities. This agreement must be submitted prior to acceptance of application. 13, Grading Plan: 'A grading plan shall be filed with,each tentative map. The proposed grading may be shown on the tentative map if desired. The plan shall indicate the approximate earthwork volumes of- proposed excavation and fillinq OpCrflt]OflS. In the event no gradinq is proposed, a statement to that effect shall be placed on the tentative map. '1 •i'q JNN'rwc; PAGI ONE, (1 - ' 14. Public Facility Secured A.jreement: Secured agreement with application submittal. 15. 1 copy of colored site plan and elevation plans. 16. Reduced 8½"xll" site plan and elevations. 17. 8½"xll" Location Map. B. Drafting of Tentative Subdivision Map. l.. Sheets to be 24"x36" with 1" border (standard "D" size) 2. Scale to be indicated: 1" = 801 is generally sufficient; however, the scale is to be appropriate for sheet size. 3. North arrow oriented to top or left side of sheet. 4. Lettering must be legible. It is preferred that it be drawn by mechanical means, in ink, and heavy upper case. 5. Location Map showing the distance to the center line of the nearest intersection. 6. Title block with name of subdivision, name and address of owner, name and address of subdivider and pertinent information such as number of lots, number of units (if condominium), total acreage, and date prepared. 7. Name and address of registered Civil Engineer or • person who prepared the map. 8. Carlsbad tract number, placed top right portion of sheet. C. Information on Map • • 1. Existing adjacent public right-of-way, showing dimensions and distance from property line ti center line. 2.. Location of existing improvements, pavement, curbs, sidewalks, etc. 3. Easements; type and location. 4.. Location of dimension of all proposed public right- of-way. 5. Radii of street curves. 6. Location and dimension of all public or private easements. 7. Location of railroad tracks within 300 feet of site. 8. Location and description of existing utilities. 9. Proposed streets to be labeled by alphabetical letters. 10. Grades of all proposed streets. 11. Topographical contours at two-feet intervals with' indication of manufacturing slopes. 12. Elevation of proposed building pads or sites. 13. - Lot. lines and dimensions. 14. Lots to be numbered. 1. Location of watercourse or areas subject to flood. FORM 33 PLANNING Page rVwo . I 16. Location of proposed storm drains or other means of drainage (grades and size) 17. Location of existing hufldins and structures. 18. Location of existing trees within both private and public lands. 19. Street sections (may be submitted on separate sheet) 20. Delineation of deveL )pmeflt phasing. FORM 33 PLANNING Page 3 Page Three • • PROCEDURES 1) Application to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application in its various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact £ or such meeting. 2) Submittal: Application will be accepted only if the application, plans and other pertinentmaterials are included. 3) Review: After accepting the application staff will submit it to the department review board (DEC) to ascertain if further information is.necessary. Staff will attempt to conclude this review within .two weeks, but in no case shall the review period be longer than 30 days from receipt of application. 4) Notice: Upon completion of the application review, the applicant will be informed by letter if further information is required if any, or if the application is complete what date it will be heard by the Planning Commission. 5) Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, a staff recommended review dates as well as Planning Commission hearing dates.. The date your request will be heard is selected from this calendar. You may acquire this calendar at the Planning Department. 6) Staff Review: Staff prepares a report for the Planning Commission. This report is reviewed by the Departmental Coordinating Committee MCC), which is made up of representatives from the departments. of Planning, Engineering, Fire, City Manager and other as may be necessary. You are invited to this meeting to explain the project and respond to staff recommendations. Upon completion of this review, staff will prepare final staff recommendations to be sub- mitted to the Planning Commission. The final report with rec- ojnniendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). 7) Hearing: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:00 P.M., or as indicated on the Planning Commission calendar. Depending on the type of application, the Planning Commission will either make a recommendation and forward to City Council or take final action. 8) Appeals: Final actions by the Planning Commission may be appealed to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff, the procedure on the various types of applications. 9) Final Decision: The City will notify the applicant and property owner of the final decision. . '. FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978. e 6 • SECURED AGREEMENT BETWEEN OWNER, DEVELOPER, AND CARLSBAD UNIFIED SCHOOL DISTRICT* THIS SECURED AGREEMENT is entered into this rd day of SeDtember 1980, by and between 1/ L. R. Partnership (Name of Legal Owner) a Partnership -. (Corporation, Partnership, Etc...) hereinafter referred to as "Owner ", whose address is (Street) 325 Elm Avenue, Carlsbad, California 92008 -, 729-7911 (City, State, Zip Code) . V (Phone Number) and Kamar Construction Co., Inc. V -, (Name of Developer) a Corporation V (Corporation, Partnership, Etc...) hereinafter referred to as "Developer", whose address is 325 Elm Avenue (Street) Carlsbad, California 92008 729-7911 (City, State, Zip Code) (Phone Number) and CARLSBAD UNIFIED- SCHOOL DISTRICT of San Diego County, California, hereinafter referred to as "District", whose address in 801 Pine Avenue, Carlsbad, California 92008. . Ll W I T N E S S E T H: A. WHEREAS, Owner is the owner of the real property described on EXHIBIT "A" attached hereto and by this reference incorporated herein by reference, and hereafter referred to as "Property 2/; and B. WHEREAS, the Property lies within the boundaries of District; and C. WHEREAS, Developer has contracted with Owner to purchase the Property and proposes to construct 3/ on said Property, which development carries the proposed name of Laguna Riviera Unit 11 and is hereafter referred to as "Develop- ment"; and D. WHEREAS, Developer intends to file (Filled on the day of______ with the County of San Diego and/or 198_ intends to file) the City of Carlsbad a request for 4/ Approval of a Tentative Nap and P.U.D. for 7 houses. E. WHEREAS, Owner, Developer and District recoginze that school facilit- ies and services will not be available to accommodate children who may sub- sequently move into the proposed development; and -2- I I F. WHEREAS, Owner and Developer have requested of the District assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed and the Owner and Developer are aware that the District cannot, and will not, be able to give Owner and Developer any such assurances without financial assistance to pay for such services and facilities; and G. WHEREAS, the Owner and Developer agree to provide such financial assistance in accordance with the terms of this agreement and the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed. NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: 1. The Owner and Developer shall pay to the District the sum of Qne thousand twenty-nine and no 100 dollars,($ 1,029) (Or whatever sum is in effect at the time building permits are issued) for each dwelling unit to be constructed in the Development. The number of Dwellings units to be constructed shall be determined from the approved sub- division map of the Development, as recorded in the Office of the County Recorder. The term dwelling unit" as used in this agreement means a place of residence and may be located in either a single or multiple dwelling unit building. Such payments shall be made in accordance with the following provisions: 1.1. The total amount due hereunder shall be paid to the district in installments equal to $ 1,029 times the number of dwelli -ng units for (or whatever sum is in effect at time building permits are issued) -3- .. . I which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the Development. Such installments shall be due and payable to the District concurrent with application by Developer for issuance of said building permits. 1.2 Any payments not made by the Owner and Developer when due and payable shall bear interest at the rate of seven (7) percent per annum. 2. The Owner and Developer may in the future offer to donate a school site in lieu of all or part of the financial obligation agreed. upon in paragraph 1 above, which offer the District shall consider, but is not obligated to accept. 3. To secure Owner's and Developer's obligation hereunder, Owner and Developer shall provide to District the securities called -for in subparagraph 3.1 or 3.2 or 3.3: 3.1 A surety bond in favor of District in a form acceptable to District from an insurer acceptable to District in the sum of $___________ to insure Owner's and Developer's performance of the terms of this agree- ment. 5/• 3.2 ,A bank or savings and loan time certificate of deposit in the amount of $_______________ in a form acceptable to District naming the -4- . . 0 District as an irrevocable assignee for the term of this agreement, and expressly providing that any interest accruing on the time certificate of deposit shall be solely the property of depositor and the District shall have no rights to any such interest. 5/ 3.3 Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and'services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Owner or Developer, and upon request, assurances necessary to enable Owner or Developer to comply with any requirements of public agencies as evidence of adequate school facilities and services sufficient to accommodate the needs of the developments herein described. 5. All obligations hereunder shall terminate in the event 6/ Developer does not re.ceive approval from City of Carlsbad or Coastal Commission and the District shall within ten (10) days after written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice form 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: 6.1 If notice is given to the District, by personal delivery -5- I thereof to the District or by depositing the same in the United States Mail, addressed to the District at the .address set forth herein, enclosed in a sealed-envelope addressed to the District for attention of the Superintendent, postage prepaid and certified. 6.2 If notice is given to Owner, by personal delivery thereof to Owner or by depositing the same in the United States Mail, enclosed in a sealed envelope addresseed to Owner at the address set forth herein or at such other address as may have been designated, postage prepaid and certified. 6.3 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 set forth herein or at such other address as may have been designated, postage prepaid and certified. 6.4 If notice is given to a surety or other person, by personal - delivery to such surety or other person or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving notice, postage prepaid and certified. 7. This Agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Owner, Developer and District, and references to Owner, or Developer, or the District herein shall be deemed to be reference to and include their resp.ctive successors and assigns without specific mention of such seccessors and assigns. . Ll 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 and shall have complied with paragraph 3 hereof. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's inter- est in the Property is a stranger to this Agreement, such successor has first assumed the obligations of Owner in writing and shall have complied with paragraph 3 hereof. IN WITNESS WHEREOF, this Agreement is excuted.:in San Diego County, California as of the date first written above. OWNER: DEVELOPER: L. R. Partnership, a Limited Partnership 70 (I James V. ,ensen T1le GeneralVPartner By M 40 fck D. Coxf— General DISTRICT: I Partner CARLSBAD UNIFIED SCHOOL DISTRICT .00 OF SAN Authorized ORNIA RATIFIED BY BOVERNING BOARD: September 3 , 1980 Kamar Construction Co., Inc. (Name) Title By Title -7- S I F 0 0 1 N 0 T E S: * This form should be used when the Developer is purchasing the land from the legal owner of the property. - 1/ Full information concerning the Owner and Developer should be set out here and the name of the Owner should be identical to that used by the Owner in holding title to the property. 2/ The exact legal description of the property should be set forth on Exhibit "A". 3/ Insert the number of residential buildings to be constructed and describe the kinds and number of residential units to be constructed, e.g., 100 two-bedroom single family residences; 4 apartment buildings consisting of 60 two-bedroom apartments; one mobilehome park with 200 mobliehome spaces. 4/ State whether the Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is to be rezoned, state the present zoning and the propos- ed zoning. Where an application number has been assigned by the County or the City, state the number. 5/ The proposed form of bond or time certificate of deposit should be submitted to the District before the Developer signs this Agreement to assure that the bond or certificate will be in a form satisfactory to the District when later delivered. 6/ This event will probably be a denial of a rezoning application or denial of approval or proposed subdivision map. MUP4;CrAL ENGINEERING I MEMBER VALUATIONS. SURVEYS AMERICAN SOCIETY DESIGN. SUPERVISION RAYMOND P. PIE3AL CIVIL ENGINEERS CIVIL AND SANITARY ENGINEER 770 SO, BREA BLVD.. SUITE 203 8REA, CALIFORNIA 92621 529-4991 BUundary Description Laguna Riviera No. 11, CT 80- That portion of Lot I of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No 823 filed in the office of the County Recorder of San Diego County December 16, 1896 described as follows: Beginning at the most southerly corner of Laguna Riviera Unit No. 5 according to Nap No. 7260 filed in the office of the County Recorder of San Lfliego County April 18, 1972, said point being in the arc of a 520 foot radius curve concave Westerly, a radial line through said point of beginning bears South 69051'13" West; thence South 69051'13" West, 150.00 feet; thence South 12026t00fl East, 60.00 feet; thence South 3033T36H West, 120.00 feet; thence South 7033'36" West 294.00 feet to a point in the Northerly boundary line of Park Drive; thence South 82026124" East along said Northerly line of Park Drive to the beginning of a circular curve concave Westerly, having a radius of 20.00 feet; said point also being a point in the boundary line of Laguna Riviera Unit No. 4 according to Map No. 6529 filed in the office of the County Recorder of San Diego County on April 20, 1967; thence along the Westerly boundary of said Laguna Riviera Unit No. 4 the following bearings and distances: Northerly along the arc of last said curve, through a central angle of 90000T00u a distance of 31.42 feet; North 7 03336" East 263.68 feet to the beginning of circular curve concave Westerly and haying a radius of 520.00 feet; Northerly along the arc of last: said curve through a central angle of 27042123u a distance of 251.46 feet to the point of begiThiing;: .. 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