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HomeMy WebLinkAboutCT 81-15; N - HOME AV. JEFFERSON ST; Tentative Map (CT)111117 1: ViJJ ?jj L.1E REQUEST o Zone Change IJ Precise Developnent Plan O General Plan Amendment 0 Specific Plan Tentative alract Map 0 Site Development Plan 0 Planned Unit Development 0 Conditional Use Permit 11 Major Condominium Permit 0 Variance IJ Minor Condominimn Permit 0 Planning Camnission Determination C] Master Plan 0 Special Use Permit Complete Description of project (attach additional sheets if necessary) A 9-unit condominium project with-recreation areas including a handball area and a jacuzzi and a picnic area. Location of Project North side of Home Avenue and between Hope Avenue and Jefferson: Stret/ 880, 908 Home Avenue : Legal Description (complete) Seè attached legal description Assessors Parcel Nurrer 203-200-9,_adi0 Zone General Plan I Existing Ind Use R-3---. RMH Single family dwellings opsed Zone Proposed General Plan Site Acreage R-3 RNH .463 T Owner' Applicant Name (Print orType) Name (Print or ¶Lpe) Paul A. Russell Ken Chriss Mailing Address Mailing Address P.O. Box 240 353o MAt.J (y and State Zip 1ephone City and State Zip Telephone Carlsbad, CA. 92008 (714)729-51 CariLsbad, CA. 92008 (714) 729-8955 I RF21FY THAT I AM THE LEGP1L O1NER AND I CER!ITFY THAT I AM THE OWNER IS PSRESTIVE THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT 'ID THE BEST OF MY KNCLEDGE AND CORRECT TO THE BEST OF MY KN(LEDGE SI AE SI DATE IL :ciL If after the information you have submitted has been re wed, it is determined that further informatis required, you will be so a ed.. APPLICANT: Paul A. Russell, individual Name (individual, partnership, joint venture, corporation, syndication) 2525-K Jefferson Street, Carlsbad, CA. 92008 Business Address 729-5197 Telephone Number AGENT: Ken Chriss Name 2971 State Street, Carlsbad, CA. 92008 Business Address 729-8955 Telephone Number MEMBERS: Name -(individual, partner, joint Home Addres venture, corporation, syndication) Business Address Telephone Number Telephone Number Home Address Business Address elephone Nuirther 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. B2A.A42l .. p$ cant BY Agent, Owner, Partner c-r2( TITLE INSURANCE AND TRUST t'.. 220 "A" STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 714-239-bOBl APRIL 2, 1981 PAUL RUSSELL 2525 K JEFFERSON CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: HOME AVE. CONDO OUR ORDER NO. : 1081342 PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE MAP FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDERS ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF HATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF MARCH 309 1981 - TITLE OFFICER: PROVENCE/VOTEL SIGNED: L'A9 VESTEE: PAUL A. RUSSELL, AN UNMARRIED MAN, AS TO A PORTION, AND ORSON JOHN CAPPS AND RUBY ANN CAPPS, HUSBAND ANt) WIFE AS JOINT TENANTS, AS TO THE REMAINDER, SUBJECT TO ITEM NO- 4 HEREINAFTER SHOWN ... - EXCEPTIONS: I. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR : 1981-82 A LIEN NOT YET PAYABLE. 2. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN 10813',2 PAGE 1 S DATED : SEPTEMBER 249 1980 AMOUNT : $55,000.00 TRUSTOR PAUL A. RUSSELL, AN UNMARRIED MAN TRUSTEE : SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY EDWARD E. KRISE, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/2 INTEREST AND ERNEST FARRANT AND JEAN LAURA FARRANT, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 1/2 INTEREST RECORDED : SEPTEMBER 309 19801, RECORDER'S FILE NO. 80-317504 3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : NOVEMBER 219 1980 AMOUNT $60,000.00 TRUSTOR : PAUL A. RUSSELL, AN UNMARRIED MAN TRUSTEE : SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : ROBERT S. CHAPIN, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 9/18 INTEREST AND BARBARA A. ENDERS, A WIDOW AS HER, SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 6/18 INTEREST AND ERNEST FARRANT AND JEAN LAURA FARRANT, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 1 1/2/18 INTEREST AND JOSEPH MAZURKIEWICZ, AN UNMARRIED MAN 'AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1 1/2/18 INTEREST, ALL AS TENANTS IN COMMON RECORDED DECEMBER 31, 1980, RECORDER'S FILE NO. 80-439096, 4. THE EFFECT OF A GRANT DEED, RECORDED DECEMBER 31, 1980, RECORDER'S FILE NO. 80-4390951 EXECUTEDY BY ORSON J. CAPPS AND RUBY A. CAPPS, HUSBAND AND WIFE, TO PAUL A. RUSSELL, AN UNMARRIED MAN, WHEREIN THE NAMED GRANTORS DO NOT CORRESPOND TO THE VESTED OWNERS OF THE PROPERTY. 6 1081342 PAGE 2 THE LAND REFERRED To HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: ALL OF LOT 9 OF SCHELL AND SITES ADDITION TO CARLSBAa, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 21451 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 209 1929. EXCEPTING THEREFROM THE NORTHEASTERLY 50.00 FEET THEREOF, THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 50.00 FEET BEING PARALLEL WITH AND DISTANT 50.00 FEET SOUTHWESTERLY MEASURED ALONG THE SOUTHEASTERLY LINE OF SAID LOT, FROM THE NORTHEASTERLY LINE OF SAID LOT. 1081342 PAGE 3 • V or V V TITLE INSURANCE V V V AND TRUST APRIL 27, 1981 PAUL RUSSELL / 2525 K JEFFERSON CARLSBAD, CA 92008 . V DEAR MR. RUSSEL: SUPPLEMENTING OUR PRELIMINARY REPORT DATED 3-30-1981 AT 7:30 AM, PLEASE BE ADVISED THAT THE LEGAL DESCRIPTION IS AMENDED. AS FOLLOWS: V V V HOME AVENUE CONDOMINIUM, BEING A SUBDIVISION OF LOT 9 AND A PORTION 0F LOT 10 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC- CORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT?, FEBRUARY 20, 1929. IF THERE ARE ANY FURTHER QUESTIONS PLEASE FEEL FREE TD CALL ME. VERY TRULY YOURS, 'V. ¶LOM VOTEL TITLE OFFICER MAP TITLE DEPARTMENT tv:sp cc: PAT O'DAY O'DAY CONSULTANTS hUe Insurance and Trust Cornariv 79( "A . - POOR QUALITY ORIGINAL (S) • ______ _ CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 729- fl8 RECEIVED FROM -DATE A/C. NO. DESCRIPTION' AMOUNT AV 41, 1- _ _ - fh 4&? _- ALIP 2 TOTAL CONSJLTANTS CIVIL ENGINEERING PLANNING PZ......SSING PATRICK N. O'DAY, J.D. REGISTERED CIVIL ENGINEER 315 NORTH CLEMENTII'IE STREET OCEANSIDE, CALIFORNIA 92054 PHONE 714/722-1274 RECEIVED APR 3O 1981 CITY OF CPRLSBAD plannlfl9 Departmtnt 1TO •: b 0 EXHIBIT "A" All of 1t 9 together with the most southwesterly four feet of lot 10 all of Schell and Sites addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 2145, filed in the office of the County Recorder of San Diego County, February 20, 1929. fter recording return to: . city o. Carlsbad . . 1200 Elm Ave. . Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER • • AND THE CITY OF CARLSBAD FOR THE .PAYMENT OF A PUBLIC FACILITIES. FEE THIS AGREEMENT is entered into this day of ,4Pg,'i. • -, 19 by and between . . .•. PAUL A. RUSSELL . (name of developer-owner) an Individual . ,hereinafter referred to as (Corporation., partnership, etc..) • "Developer", whose address is 2525-1< Jefferson Street . (street) . Carlsbad, CA. 920QR . . . 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. . WITNESSETH: • 0 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 0 WHEREAS, Developer proposes a development project as follows: A 9-unit condominium- prnj c . . . • -•• . : . .; .. • :; said Property, which development carries the proposed • name and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of____________ • 19 , with the City a request for Tentative Map and a major condominium permit. (c7rr I ) CP 161) • (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 ned 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 August 29, 1979, on file with the City Clerk and incorporated by this reference, and that the City's public facflitiEs 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 • 2. -p I a • to help satisfy the General Plan as implemented by Council Policy • No. 17by payment of a .-public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amou1L not to exceed 2% of the building permit valuation • of the buildings or structi.res to be constructed in the Development • pursuant-to the Request. The fe shall be paid prior to the issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements • required pursuant to Titles 18,'20 or 21 of the Carlsbad Municipal Code. A credit towa±d such fee shall be given, for land which has • been dedicated for park purposes or for any fees paid in lieu • thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. - - -. Developer shall pay a fee for conversion of existing buildingsor 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 -coimnunity apartment or- stock cooperative. The terms "other construction - permits", "other construction permit" ahd "entitlement for-use" as iied in this agreement, exceptin 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 br occupancy for which 3. • A. 0••'. .. the development is intended. Developer shall pay to City a public • facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicatd for park purposes or for any fees paid In' lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. - 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 site 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 agree- ment. 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 • • 4. - •. • • • __ - p be void. No buildirg or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this • agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to • provide the. facilities and suffi,cient funds from the payment of this and 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 agencies as evidence of adequate public facilities and services • .sufficient to accommodate the needs of the Development herein described. .. - 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. • 7, Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giv!.ng such notice orby 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 by personal delivery- thereof to the City or by depositing same in the United States Nail, 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 5. • • • • .. Nail, enclosed in asealLJ 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 bc deemed to be 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 Prçperty shall have first assumed in writirtgthe Developer's obligations hereurder. • • 9.. This agreement shall be recorded but shall not create - • a lien or security interest on the Property. When the obligations - of this agreement have been satisfied, City shall record a release. /1/ •.. -: -• . .• . . . •. /1/ . •• • • • - • •• /1/: • . . .- •• . /1/ - . • • - /1/ - . - - - • • . -. . . -• 1/I - • - • .- . - - .• •• /1/ • • • - • • • • . T /1/ • • • • /1/ •• •• • • •• -- • • • 6 0 0 All of lot 9 together with the most southwesterly four feet of lot 10 all of Schell and Sites addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 2145, filed in the office of the County Recorder of San Diego County, February 20, 1929. • :...4 . . IN- WITNESS WHEPEOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal orporatiOfl of the State of California Paul A. Russell • _________ City manager Owner (Title) By (Title)' ATTEST: jFLETHA L. RATJTENKRANZ, City Clerk - APPROVED AS TO FORM: STATE OF CALIFORNIA, COUNTY OF_____ SAN DIEGO SS. ON AP= 24 ,19_81, before me, the undersigned a Notary Public in and for said State, personally appeared PAUL A. RUSSELL known to me, to be the person_ whose name— is subscribed to the within Instrument, and acknowledged to me that _he__. executed the same. WITNESS my hand and official seal. ui __________________ q'i ____ 2 Notary Public in and for said State. $AN OIEOO COUNTY P. N. O'Day *frm)tscveExp1rS$Pt 15, 1591 ACKNOWLEDGMENT_–General_.Woott0 Form 233—Rev 3-64 -I .wori JAV I P1 880 ~ 9 0B HO-ME AVE- CASE N0.cT81-15/cPLt APPLICANT _RUSSE.LL '%cIr-t' r1.Np. LOCATION MAP 779j1 , MA P -i ~ C41/41A