HomeMy WebLinkAboutCT 83-08; CALIFORNIA BUILDERS; Tentative Map (CT)S.
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REQUEST
o Zone Change . 0 Precise Davelopi'ent Plan.
0 Ceneral Plan Amendment .0 Spccif Id i'lan
E Tentative ¶I:act Map .. 0 Site Development Plan
• • I1 Planned Unit Deveioj:rnent 0 Conditional Use Permit o Major ODndomniun Permit 0 Variance
•D Minor Cc)ndoir numn Permit 0 Planning Canmission Detexrnina5Lon
• 0 Mst.er Plan . .:. o Use Peirnit
.0 Major Condcduirium Conversion:: ::::::: Aairtinistrative Variance
o?:Leto Description uff project (thtach additional sheets if necessary)
____ SjJDIVISION OF APPROXIMATELY 1..67 ACRES JNTQ .7 RFSihF1ITIAI lOTS...
--
location of Project • . - .
APPROXIMATELY 15D FEET' SQ[JThWESJ' MT WAY .
I AVEUE :TAMARACK : : :: :• : . : ....
Iecjal Description (complete) .
APOflONOF tRACL24 iOFtU L ANDS PER MAR....ILIEREo....
. Assessors Parcel Lirrar.
Zone General Plan Enisting Land Use
R-1 (7500) ....... - • . RM............... . . . VACANT........... .
Propos'ad Zone
Proposed General Plan Site Acreage
SAME • SAME •. . 4.67 ACRES .........
Cr
(Print or tjx?) . Name (Print or Type)
MARVIN AND JUNE WHIPPLE ............. . . . CALIFORNEA BUILDERS/CHARLES F. RUAIE
Mailing AddresS mailing Address
3138. QQSEVLT .STRET.....JITE .K.
City awl StaLe Zip Telephone City and State Zip TeiepiOflC
CARLSBAD, CA 92 pO8
???-4 ?2....... • . . CALBA9 CA 2008 ... 434-312.5
f C1flTIU'Y TH7T I AM '1IIP I UGAL O'Th1PR ANE - I CEREFY TIJZIT I AM THE C:ER' S R1VL'
TiiiC 7fJ rfjJ, JJ3OJ TNFOTNM1IO IS TRUE AND flAT ALL TIlE AP.OVE ThTOP1TTON IS 'I
4237 CLEARVIEW pR•IVE ..
AND CORF<ECT rID 'fliE I3EST 01? KN0SJ:DGE
I LL
2\ND O)RBFCT '10 '1IIE BEST OF MY KXr.EDGE
TJ
lot
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POOR
QUALITY
ORIGINAL (S)
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 mustbe 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 procesed and approvd. '.
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.
11144h
Signature ' ' ate •
CHARLES F. ROWE APPLICANT (PURCHSOR OF PROPERTY-SEE ATTACHED ESCROW INST.)
Name (Jrint) * Relationship to Application
(Property Owner-Agent)
17 T?T'\7TJ) 3/80 '
:Ef after the inforiatiOn you have submitted has been reviewed, it is clatexrzu.nea
tna further xnforncttioxl requa-ed, you will be so ad .d..
APPLICANT: CALIFORNIA BUILDERS/CHARLES F. ROWE . *
Tjme '(individual, partnership,. joint venture, corporation, syndication)
3138 ROflSFVFIT STREET CARLBAD, CIk SUITE K
• ..
Business Address • . :.
434-3125 ' . .. ... :.. .
• Telephone Number . . .. ... ... .... ... .
AGENT: - DAVID M THOMASAND ASSOCIATES
.Name . :' •. .
P0 BOX 286 SOLANA BEACH.._ck92O15_.. -
Business Address •. . ..• . : ' . - . . -
- Telephone Nuiber
• ..: . . :. .• . . . •
1ain (individual, partner, joint . . Hone 2,4dress
venture, corporation, syndication)
• ' ...-•. ..' -.::':. . ... . • •. •. . • Bisiness Address .. •: ..
'Telephone Number -- Telephon Number
Home 7dctess
• . . . •• ..: • •.... .. .
lepnorc. 1'n.-&ber Telep 'ane u iiei
• . . .-.4._______._ . ._ _- -.
• .•...
,: if necessary) . . • (Attach more sheets
X/c'!e 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 iay be
• . upon as being true and correct until amend . •
:
CALIFORNIA-WORLD
* * S
8304 CLA-IREMONT MESA BOULEVARD
3..
TITLE COMPANY
. SAN DIEGO, CALIFORNIA 92111 • (714) 278-4171
PRELIMINARY REPORT
3134 R b'1LT
Date Attention: Your No. UWSSUAM tWPPLR
Our No.
Dated as , of 19 ....... at 7:30 A.M.
In response to the above -referenced application fora policy of title insurance, the insurer hereby reports that it is prepared to
issue, as of the date hereof, a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the
land and the estate or interest therein he4einafter set forth in Schedule A, insuring against loss which may be sustained by reason of
any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from covera - ge pursuant to
the printed Schedules, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy
of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of
title insurance, a Binder or-Commitment should be requested.
100-1;
TITLE OFFICER - -
iwtr ClSI4D
LJ)
H 0
SCHEDULE A
The estate or interest in the land described or referred to in this schedule covered by this report is:
Title to said estate or interest at the date hereof is vested in:
U T-71RE AS J1 7MANTS
The land referred to in this report is situated in the State of California, County of S
and is described as follows:
LEG$L
I ,
L IA Ird;rninary Repurt Form
. I
THAT PORTION OF TRACT 241 OF THUM LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1681, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, DECEMBER
9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE DISTANT
THEREON NORTH 61021! EAST 415.95 FEET FROM THE INTERSECTION OF SAID
CENTER LINE OF TAMARACK AVENUE AND THE CENTER LINE OF ADAMS STREET;
THENCE ALONG SAID CENTER LINE OF TAMARACK AVENUE NORTH 61 0 21' EAST A
DISTANCE OF 232.36 FEET TO A POINT, SAID POINT BEING THE SOUTHWESTERLY
CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED BY THE SOUTH COAST LAND
COMPANY TO M. J. KNAPP AND ALMA KNAPP, BY DEED DATED OCTOBER 28, 1925
AND RECORDED NOVEMBER 6, 1925 IN BOOK 1121 PAGE 358 OF DEEDS, RECORDS OF
SAN DIEGOC OIJNTY; THENCE NORTH 28 °39' WEST ALONG THE SOUTHWESTELRY LINE
OF THE LAND SO CONVEYED TO KNAPP 562.40 FEET; THENCE SOUTH 61 °21' WEST A
DISTANCE OF 232.36 FEET TO A POINT; THENCE SOUTH 28 0 39? EAST A DISTANCE
OF 562.40 FEET TO A POINT OF BEGINNING.
EXCEPTING THE NORTHEASTERLY 79 FEET THEREOF.
ALSO EXCEPTING THAT PORTION OF THE SOUTHEASTERLY 154 FEET OF THE ABOVE
DESCRIBED LAND WHICH LIES NORTHEASTERLY OF A LINE WHICH IS PARALLEL WITH
AND 141 FEET SOUTHWESTERLY FROM SAID SOUTHWESTERLY LINE OF KNAPP LAND
ABOVE MENTIONED.
.
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy
form would be as follows:
1. GIUEPL W) SPAL MUNTY AtID CITY TAXES
FOR TWVISCA4 YUR
Ir-R-MUDIM MRSOIMIL PIRMURTY TAX, U
flItST SEfl?.
SECOND ZSTA1AWT
TAX VIUMS ?GR 21983
CODE MU
PARCt NO. : 2-430i42
PERSONAL 3 NWE
ANY OTH0. WMPT1014 ;
&COiD INMUMMM $2O7,14 OP
FAIT AFFEEMIM TE PORTION OF SAID L1 AlU FOR TO. ?tlftPSES
A1& PW I. AND LIXIM 11TAL MPOM
I FAVOR OF 4 COAST XM
A rALnolNIA GORPWTON
FOR 3
XMY 21 1, 1 0f26 il iOOE 110, FMIE 44
OF I3EELS
OF SAID WM
CLTA Preliminary Report Form
Ir[IIIIHIHHhIUIIIInhII m1nIUUuuIuU.ulmuIauImIIuui.
1FCHHflHhI I1t1liHhIHIfl c7
MAP 7119 -CARLSBAD TCT 71-3
MAP 4832 -TAMARACK MANOR -
I-lAP 4438 - WOODLAND HEIGHTS
MAP 1681 - THUN LANDS - POR TCT 241
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WHEN NKMO90 MAIL TO:
Ir. & fr. *a,'in W. Whipple
CLIA*YI* D,
csrl.bed, 1u. 92008
1' SPACU MoyC nut LINE POP -.coesws use
MAIL TAX STATEMENTS TO CCTMY WNUFf TM l
N & -. CswpwiIs ..4.eireIibii( yeewesl; O ' . W. __WON ___ 4237 cleardow or. dal92O8
1.
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TAX
GRANT DUD
--FOR A-VAWAa1.E CONSIDS$AflCNi -r esip of mh1d Is hereby IdioiIssd, - -
IWE B. VNIP?LE, surviving Joint tenant of OIADTS B. k4S&LL, a widow and ,JWr. B.
& 1s3Z'i,d WO*A (Mother and Daughter),
hereby GRANT(S) to
ItNE V. NUP33 and NAZYI3I N. WNIFL1, husband and We as joint tenant.,
VIa rest propeny in the City of Carlsbad
County of San Diego State of CaWocnls. described as
That portico of Trent 21i1 of nomunds, in the City at Carlsbad, Countt of San Diego, State of California, according to Nap thereof No. iddi, filed in the office of the
Recorder at San Diego Cceaty, December 9, 1915, described as follows
Beginning at a point an the center Sns at Tanersck Avease, distant tbsrsoo North 6111211
last 415.95 test from the inter too of said center lies of Tamarack Avenue and the
center ho, of Adani Street; thence along said center ito. at Tamarack Avenue North 6i 021
last a distance of 232.36 feet to a point, said point bunt the SOutheSSterl7 corner
of tt certain tract of land coov.ysd by the South Coast Land Company to H. J. lnapp
and Alas Kapp, by died dated October 28, 1925 and recorded November 6, 1925 in Book 1121
pig. 358 of Deeds, records of Sen Diego County; thence North 28039' West along the
Scutesetor2j lies of the lard so conveyed to Enapp 562.40 test; thence South 61°2i'
West a distanc, of 23Z36 feet to a point; thence South 28°39' last a distance of 562.40 feet to a point of b.gnning.
CNPTiN0 IBI XTXIASTLT 79 t..t thereof.
ALSO UCznjXQ that portion of the Southeasterly ISIs feet of thi above described land
which ii., tlortbeut.riy of a line which in parallel with and 2Is1 feet Southwesterly
from said Southwesterly Une of iflapp land above ntiooed.
- F.bruaryo# 1975___ ------ --Jun.D.--ippl. -
$TATh OF CALIFORNIA
COUNTYOF I N.
Son Diego ism I
it ammmm UK!
Bras I. IIS*O I*Wtapeson ithesens.. _.it_____-. HII PutS' t.."
,a,re is VI. NIVIBI Insiumest Nit arlinoNlutlId VIII -hk 111,1107t_
she .isctdSdthiWll&
MTNEN NY Nit .ffici.l let.
ligneer, (This sm ftf Iltislil nulI5I Wit)
(IDles) F. Clix' tuna
MAIL TAX STATEMENTS AS DIRECTED ABOVE
A"
AIMED
0
C
ill
On Feb- -041 1975
We ms it, idinlpiW, s Notary PuBlic In slit for ted
INN. o.itly psW
- Jtas B. Vhipple
.4 ntrec!ow,Inc.'
323 North Clementine Street • Oceanside. CA 92064
P.O. BOX 1760 (619) 722-1333
EscrowNo. _42015
Escrow Officer Susan Vanderhurg
Date December 22, 1982
BUYER'S ESCROW INSTRUCTIONS
TO: Centre City Escrow, Inc.
Paid outside of escrow $
Cash through escrow $ 50,000.00
Encumbrance of record $
New Encumbrance $ 100,000.00
TOTAL CONSIDERATION $ 150,000.00
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I/WE hand you $1,000.00 through Broker
as part of the total consideration, and will deliver to you any.funds before close of escrow and execute and deliver any documents
necessary to enable you to comply with these instructions, all of which you are instructed to use when you can obtain a standard
CLTA Joint Protection form title insurance policy in the amount of $ 150,000.00 Issued by
California World Title insuring title to that real property in the State of California, County of
San Diego described as: That portion of Tract 241 of THUM LANDS in the City of
Carlsbad, County of San Diego, State of California, according to the Map thereof
No. 1681, filed in the office of the County Recorder of San Diego County, December
9, 1915, AS MORE FULLY DESCRIBED IN THE PROPERTY DESCRIPTION TO COME IN WRITING
PRIOR TO THE CLOSE OF ESCROW FOR APPROVAL BY ALL PARTIES.
r"l Ir
(For information only,, reputed property address is 1204 Tamarack, Carlsbad, CA 92008)
C. F. o& ArS tcjJL..
showing title vested ln MA-TU!R, exact vesting to come in writing prior to the close
of escrow. Seller's execution of grant deed will constitute full approval of
same.
SUBJECT ONLY TO:
(1) General anSpecial real property taxes not delinquent, including district levies included and collected with property taxes.
(2) Covenants, conditions, restrictions, rights, rights of way and easements of record.
(3) First Deed of trust to record executed by vestee in favor of Marvin W. Whipple and June
D. Whipple, husband and wife as joint tenants to secure a note for $100,000.00, being a
portidn of the purchase price herein, payable at place designated by beneficiary with
interest from the close of escrow at the rate of ten(10%) percent per annum, principal and
interest payable in monthly installments of ONE THOUSAND AND NO1100 ($1,00 0 .00 ) DOLLARS or
more with first payment due three(3) months from the close of escrow and continuing monthly
thereafter until eighteen(18) months from the close of escrow at which time the entire
unpaid principal plus accrued interest shall all be due and payable. Escrow Holder is
instructed to insert appropriate dates in note at the close of escrow. Escrow Holder is
instructed to insert in note the following recital handed Escrow Holder verbatim:"THE
INTEREST ACCRUING DURING THE FIRST SIXTY(60) DAYS OF THIS NOTE IS TO BE DEFERRED AND SHALL
BE DUE AND PAYABLE ON THE MATURITY DATE AS SET FORTH ABOVE." Escrow Holder is instructed to
insert in the trust deed the following recitals handed Escrow Holder verbatim for execution
by both Buyer and Seller herein: "BENEFICIARIES AGREE ON THEIR BEHALF AND FOR THEIR
SUCCESSORS, DEVISEES AND ASSIGNS, TO EXECUTE A SPECIFIC SUBORDINATION AGREEMENT AT THE
REQUEST OF TRUSTOR HEREIN THAT IS SATISFACTORY TO THE TITLE INSURER AND/OR LENDER TO
SUBORDINATE THIS DEED OF TRUST TO A NEW CONSTRUCTION LOAN PROVIDED THERE IS NO UNRESCINDED
NOTICE OF DEFAULT THEN OF RECORD." and "BENEFICIARY IS HEREBY NOTIFIED THAT THE EXECUTION OF
SAID SPECIFIC SUBORDINATION AGREEMENT MAY RESULT IN THIS SECURITY INTEREST BECOMING SUBJECT
TO AND OF LOWER PRIORTY THAN THE LIEN OF SOME LATER SECURITY INSTRUMENT." and "THIS DEED OF
TRUST CONTAINS A SUBORDINATION CLAUSE WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL
PROPERTY SECURITY INSTRUMENT TO OBTAIN A LOAN, A.PORTION OF WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND." ESCROW HOLDER IS NOT TO BE RESPONSIBLE AND/OR
LIABLE FOR THE CORRECTNESS, VALIDITY, SUFFICIENCY AND/OR ENFORCEABILITY OF THE ABOVE
RECITALS WHICH HAVE BEEN HANDED ESCROW HOLDER VERBATIM. .
***
Completion of escrow is contingent upon' Buyer's written approval of the drainage, grading,
utilities, planning and construction on or before June 22, 1983. Escrow is to be held
pending written approval or disapproval of said items.
ADDITIONAL INSTRUCTIONS AS PER PAGE THREE ATTACHED HERETO AND MADE A PART HEREOF.
Order title search at once. You are authorized to record any Instrument delivered through this escrow If necessary for issuance of the
title insurance policy. PAY documentary transfer tax in the amount of $ 165.00 and charge Seller.
I AGREE TO PAY USUAL BUYER'S ESCROW FEE AND ALL OTHER FEES, ADJUSTMENTS, ADVANCES, AND CHARGES PROPERLY
CHARGEABLE TO ME INCLUDING BUT NOT LIMITED T%rant deed and trust deed recording costs.
It this escrow is not in a condition to close on, or before June 22, 1983 close as soon thereafter as the conditions (except
as to time) have been complied with, unless a written demand for the return of money and/or instruments by a party to this escrow is
received by you prior to the recording of any instrument provided for herein. Time is hereby declared to be of the essence hereof. In the
event that this escrow shall not be in a condition to be closed by the date set forth above, the Party who then shall have fully complied with
his instructions may, in writing, demand the return of his money and/or instruments.
PAGE ONE (over)
0
PRORATE and adjust on basis of 30 day month as of close of escrow Items checked below:
J Taxes, including all tax bill Items except taxes on personal property not conveyed through escrow, using tax information as
fuinished on the title company report.
I ) Insurance premiums on subject property. Assume that said premiums have been paid and transfer on behalf of parties hereto
any fire insurance policies handed you. Upon close of escrow, request that insurer consent to such transfer or attach Loss
Payable or Mortgagee's Clause or other additions or corrections, and request that agent thereafter forward such policies to
parties entitled thereto.
I I Interest on encumbrances of record and any funds shown impounded forfuture payments of taxes, insurance, etc., based on
beneficiary statement (s) to be obtained.
I Mortgage Insurance Premiums based on beneficiary statement (s) to be obtained.
I I Advance rent and/or deposits as per statement handed you by Seller or Seller's agent.
GENERAL PROVISIONS: You may deposit all funds with other escrow funds in a general escrow account(s) with any state or national
bank and may make all disbursements by your check. "Close of escrow" means the date on which the documents covered by these
instructions are recorded. You are authorized to furnish any information concerning this escrow, including but not limited to copies of
these instructions, to any lender to whom a party to this escrow has made application fora loan to be secured by the described property,
and/or furnish any information concerning this escrow, including but not limited to copies of these instructions, to any broker(s)
representing the parties as evidenced by separate commission instructions. You are not required to inform me regarding facts within
your knowledge provided they are not of such a nature as to prevent your compliance with these instructions. Your liability as escrow
holder shall be confined to the things specifically provided in these instructions. NO NOTICE, DEMAND, OR CHANGE OF
INSTRUCTIONS SHALL BE EFFECTIVE UNLESS EXECUTED AND IN WRITING. lithe parties make or serve conflicting demands or
notices on you, you shall stop all further proceedings until the conflict is resolved. If you are required to file or respond in any action or
proceeding by either party IN WHICH YOU ARE NOT AT FAULT, we jointly and severally agree to defend and Indemnify you against all
costs, expenses, and reasonable attorney's fees. The prevailing party in any action or proceeding between the parties or between you
and any party shall be entitled to reasonable attorney's fees in addition to any other relief awarded. Should you consult an attorney
because of any actions of Buyer or Seller under these instructions, Buyer/Seller jointly and severally agree to reimburse you the fees
incurred. It Is understood that the fees hereunder agreed to be paid foryourservices are for ordinary and usual services only, and should
the be any extraordinary or unusual services rendered by you hereunder, the undersigned agree to pay to you reasonable
compensation for such extraordinary or unusual services, together with any costs and expenses which may be incurred by you In
connection therewith; and you are hereby given a lien upon all documents, monies, and securities herein deposited until you have been
so compensated or reimbursed. In the event of cancellation, Buyer/Seller jointly and severally agree to pay you for all expenses
Incurred pursuant to these instructions plus a reasonable cancellation fee for your services. Your apportionment of these charges
between us shall be binding. These Instructions and/or addenda may be executed In counterpart and will be considered as original
instructions. You are authorized and Instructed to utilize the services of a sub-escrow agent, within the scope of Section 1738,4, .5 of
the California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary.
Have deed and tax stat men maile p Buyer at address to come
Buyer's
Signature: - Signature:
Address: Address:
SELLER'S ESCROW INSTRUCTIONS
I APPROVE and adopt the Buyer's instructions and provisions, and before the close of escrow will execute and hand you all instruments
and funds required from me to enable you to comply with said instructions and provisions, which you are instructed to use provided
Buyer has complied with his instructions and you hold for me or my account or for disbursement according to my instructions the
money, instruments, and property set out therein.
OUT OF FUNDS DUE TO ME, pay all encumbrances of record as necessary to place title In condition called for, without further approval,
and other sums necessary to enable you to comply with my instructions; deduct the usual Seller's escrow fee and all other
fees,advances and charges properly chargeable to me; I agree to pay additional sums required to make up the total of sums covered by
these instructions. I will pay prior to delinquency all taxes and assessments on real and personal property not being sold herein, which
tax Is a lien on the herein described real property.
FROM PROCEEDS DUE ME AT CLOSE OF ESCROW, pay commission per separate instructions to
EXECU*SYSTEMS REALTORS and
disburse balance of proceeds by your check payable to the undersigned.
X
X
X
X
X
Seller acknowledges receipt of a copy of these Instructions.
Seller's Seller's
Signature
MARVIN W. WHIPPLE
Signature: JUNE D. WHIPPLE
Address: Address:
\ two
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L....... ..\GE THREE
0
ESCROW INSTRUCTIONS
TO: CENTRE CITY ESCROW,. INC. Escrow No. 4201S
323 North Clementine Street Date: December 22, 1982
P.O. Box 1760 Escrow Officer: Susan Vanderburg
Oceanside, CA 92054 (714-722-1333)
144. Completion of escrow is contingent upon Seller deeding to his brother, who owns the
adjacent property, a strip of land which is encompassed by the existing rear fence line.
Escrow Hqlder's receipt of said deed shall constitute full satisfaction of this
contingency.
145. Buyer agrees to deposit the additional sum of $2,500.00 on or before March 22, 1983.
146. Buyer reserves the right to approve the condition of title as set out in the
Preliminary Report of Title within ten(10) days of receipt of same by certified mail or by
written personal receipt in file. In the event that Escrow Holder has not received written
instructions to the contrary within the stated time period, this conditi9n shall be deemed
satisfied in its entirety.
147. THESE INSTRUCTIONS ARE NOT INTENDED TO AMEND, ALTER OR SUPERSEDE THE ORIGINAL OFFER
TO PURCHASE WITH SPECIFIC REGARD TO THE FOLLOWING:
a) Seller is to provide vacant possession on rental by the close of escrow.
Possession to be given at the close of escrow.
b) Buyer agrees to build only a single story house on subject property with frontage
on Tamarack.
ESCROW HOLDER IS NOT TO BE RESPONSIBLE AND/OR LIABLE FOR THE ABOVE ITEMS. WHEN ESCROW IS
IN A POSITION TO DO SO, ESCROW HOLDER IS INSTRUCTED TO CLOSE THIS ESCROW WITHOUT FURTHER
REGARD TO THE ABOVE ITEMS.
*** $
END.
The undersigned acknowledge receipt of a copy o he o ions and approve
them for use in the above numbered escrow.
MARVIN W. WHIPPLE I ,11. iJUT[
JUNE D. WHIPPLE
./ RECORDINC 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
Sign ture of declarant determining
tax-firm name
• City of Carlsbad
• Parcel No. 2O5-43&
AGREEMENT BETWEEN OWNER, DEVELOPER
• AND THE CITY OF CARLSBAD FOR THE
PAYMENTOFAPUBLICFACILITIESFEE
THIS AGREEMENT is entered into this ]9ay of 19
by and between
CALIFORNIA BUILDERS/CHARLES F. ROWE
(Name of Developer)
a , hereinafter referred to as
(Corporatii, partnership, etc.)
"Developer" whose address is
3138 ROOSEVELT ST REET , ARLSBAD,CA92008
(Street)
(City, (City, State, Zip Code)
and MARVINW.WHIPPLEANDJUNED.WHIPPLE
(Name of Legal O
wnT
aS HUSBANDANDWIFEASJOINT TENANTS , hereinafter referred to as
—('Corporation, etc.) -
"Owner" whose address is
4237CLEARVIEWDRIVE,CARLSBAD,CA 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
.4 _.3 .......4 - .... - • . . RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
SEVEN LOT RESIDENTIAL MAJOR SUBDIVISION Q'T
on said Property, which development carries the proposed name of
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with the City a request for
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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on file with the City
Clerk and 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
-2-
S
WHEREAS, Developer and Owner have 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 and Owner, are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by 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 and Owner 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 or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner shall pay a fee for conversion of 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
-.3-
REV 4-2-82
1' 1
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 and Owner 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.
2, The Developer and Owner 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 and Owner
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 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 paid.
-1k-.
I I
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
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner 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 giving such notice or by a
4 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.
-'5-
REV 4-2-82
/ .
S. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be referene 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.
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 interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
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.
11/
III
-6-
OWNER:
>(
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER:
BY'/-
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41
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STATE OF CALIFORNIA
COUNTY OF 54/ti 00E- 61- 0 S~':4
S-
On this the / day of _______________________ 19, before me the undersigned, a
Notary Public in and for said County and State, personally appeared MAX I/,U /41/7
)H / p?L-
FOR NOTARY SEAL OR STAMP
-- , personally known
to me or prov to me on the basis of satisfactory evidence to be the
persons ,.L. whose names 1< subscribed to the within instrument
and acknowledued that I execu ed the same.
Signature of
OFFICIAL SEAL
SUSAN VANDERBURG
NOTARY PUBLIC CALlFuUrIA
PRINCIPAL OFFICE IN i
SAN DIEGO COUNTY
My Commission Expires May 23, 1984
I
I.
(Notarial ank n n w I p jj 0 pmp n f M h i I)TAMRP must be
CAT. NO. NN00627
TO 1944 CA (7-82)TITLE INSURANCE
(Individual)
AND TRUST
ATICOfl COMPANY
STATE OF CALIFORNIA 1. Tr('( COUNTY OF '° 5
On January 14, 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared Charl es F . Rowe
- , personally known to me or -
nrnvrgl en mn tn. the h.,c,., nF onref,,,tnnr ,'.,aenre to he -
the person_ whose name is subscribed to the
within instrument and acknowledged that he exe-
cuted the same.
WITNESS my ha and official seal. .Li, / / gnatule
S EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF TRACT 241 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE DISTANT THEREON
NORTH 61 0 21' EAST, 415.95 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF
TAMARACK AVENUE AND THE CENTER LINE OF ADAMS STREET; THENCE ALONG SAID CENTER
LINE OF TAMARACK AVENUE NORTH 61 0 21'EAST A DISTANCE OF 232.36 FEET TO A POINT,
SAID POINT BEING THE WOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND
CONVEYED BY THE SOUTH COAST LAND COMPANY TO M. J. KNAPP AND ALMA KNAPP, BY
DEED DATED OCTOBER 28, 1925 AND RECORDED NOVEMBER 6, 1925 IN BOOK 1121 PAGE
358 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTH 28°39' WEST ALONG THE
SOUTHWESTERLY LINE OF THE LAND SO CONVEYED TO KNAPP 562.40 FEET; THENCE SOUTH
61 021' WEST A DISTANCE OF 232.36 FEET TO A POINT; THENCE SOUTH 28 0 39' EAST
A DISTANCE OF 562.40 FEET TO THE POINT OF BEGINNING.
EXCEPTING THE NORTHEASTERLY 79 FEET THEREOF.
ALSO EXCEPTING THAT PORTION OF THE SOUTHWESTERLY 154 FEET OF THE ABOVE DESCRIBED
LAND WHICH LIES NORTHWESTERLY OF A LINE WHICH IS PARALLEL WITH AND 141 FEET
SOUTHWESTERLY FROM SAID SOUTHWESTERLY LINE OF KNAPP LAND ABOVE MENTIONED.
' 4 --7 -8?
CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 9008
(714) 438-5551
j3
DATE --
RECEIVED FROM
VIA.Ij 7 Lt