HomeMy WebLinkAboutCT 83-13; ELDER; Tentative Map (CT)I
zA4 0,
REQUEST
1 Zone Change 0 Precise Deve1oment Plan
0 Genera? Plan nendmant El Secif Ic Plan
Tentative Tract Nap 0 Site Developnent Plan
E 1'?iajor Planned Development D Conditiolial Use Permit
0 Minor Planned Develqirent 0 Variance
1] Master Plan D Planning Commission Determination
C] Major Planned Development Conversion OA çil Use S Pe-it S . . ninistrative Variance
Omplete Description of project (attach aa tionai stieets if necessary)
132 14 ...h lec
units & two fourplex units. Of the total units, at least 84 will be two
bedroom two bath, with the balance eina jjof two bédfbôth two
bath, one bedroom with loft and one bedroom. There will be garages with som
units and covered and o pjñg available tojL_.ádd±tjnt6 rcea
tional amenities such as tennis court, pool, Jacuzzi, ample green space,
as well asrci 1 ities
location of Project-
intersection of Avenida deAnita and Marron --Road -,,-Carlsbad,-California
legal DescrIption (coiilete) . see attached . .....
Assessors Parcel Nunber ..... 167-090-55 .......
Ed.stinq land Use .era. I Plan ,'Zone
.
.......Proposed Zone Proposed General Plan
_ ...
. Site Acreage
PD (10-20 u/ac) . 6.6 acres .......
Owner jpplicant
Name (Print or T4ipe) Name (Print or Type)
Jerry L. Elder . . . same I E C El YE B
Miiiing Address Yzilhiq Address
P.O. Box 308 . . . . . . same JUf4 $193
City and. State Zip Telephone City and. State. Zip Telephone
La Jolla, 92038(619)459-3608 _CA, same
I CERT]J
-MAT ' _I AM -TIM IEG1L OWNER AND 1 1 CERTIFY TRT I AM THE CNER S PESENTIVE
'Th-IAT ALL E ABOVE INFORMATION IS TRUE AND THZ-\T ALL THE ABOVE ThJFORM?TION IS IHJE
AND C)1RECT TO THE 'ST OF NY ENOWLEDGE AND COTRECT TO THE BEST OF MY KNOWLEDGE
DATE ?3 sicrur ar
n RP Recej.-v 17-Y Cv
7cJa aT 93-IZ/ep- 03-112-c--C) ?'3
after the information you have, submitted has been reviewed, it is determined
that further information •euired you will be so adv..
APPLICANT: JerryL.d
Name (individual, partnership, joint venture, corporation, syndication)
7946 Ivanhoe Ave., Suite.106 .Box 3.08, La Jolla, CA 92038
Business Address
- AGENT:
MEMBERS:
(619) 459-3608
Telephone Number
same -
Name .
same
Business Address -
same
Telephone Number
Name '(individual, partner, joint . Home Address
venture, corporation, syndication)
Business Address
Telephone Number - Telephone Number
Rome Address -
Business Address
•.Telephone Number .. . Telephone Number
(Attach more sheets if necessary)
I/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 may be
relied upon as being true and correct until amended. -
Jerry L. Elder -- -
BY
ApDlicant
_
71cient( C-.; r, Partner -
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will he 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 gen-
eral or limited) 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 he a privately held corporation
(10 shareholders 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 syn-
dicate address, and the full names and addresses of each
individa1 shareholder or syndicate member. Should the corpor-
ation 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 he provided
in order to provide a full disclosure, please include it.
I (
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 J
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.
SigiVature Date '1
Jerry L. Elder
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37 REVISED 3/80
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1, AppliEion Form
2. General Requirement Items H-Q
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and land uses.
4. Fee: General Plan Amendment $200.00 + $5.00 per lot or
acre. Zone Change: $500.00
Master Plan/Specific Plan/Precise Development Plan
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items A-fl
- items E-Q
3. Fee: Master Plan $1,000 + $2.00 per/acre
Specific Plan $1,000.00
Master -Plan Amendment: Minor $50.00 + 2.00 acre
Major $500.00 + 2.00 acre
Tentative Tract Map
1, Application Form
2. Eighteen (18) copies of the Tentative Tract Map
3. General Requirement Items
- eighteen (18) copies of items A-C
- items E, G-K, M-R
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units)
$1,000 (100 + lots or units)
Extension: 1/2 of original fee
Revision: 1/4 of tentative map and regular fee on
additional lots or acres.
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items A-D
- items E-Q
-3. Conversion to Condominiums
addresses of all tenants of
notification of the tenants
tentative map.
4. Fee: $200.00
$5.00 per unit for no
VOTE: Tentative Tract Map Required
Minor Planned Development (4 or less units)
1. Application Form
2. General Requirement Items:
- three (3) copies of items A-fl
- items K,L,O,P 7 Q
3. Conversion to Condominiums - list of names and addresses of
all tenants of the units to be converted to condominiums.
4. Fee: $50.00 + $1.00 per unit
NOTE: Tentative Parcel Map Required
Site Development Plan
1. Application Form
2. General Requirement Items
- thirteen (13) copies of items A-fl
- items E-L, 0, P, Q
3. Fee: $350.00
Conditional Use Permit/Special Use Permit
1. Application Form
2. General Requirement Items:
- thirteen (13) copies of items A-fl
- items E-Q (items M,N & 0 not required for Special Use
Permit)
3. Fee $400.00
Variance
1. Application Form
2. General Requirement Items:
- thirteen (13) copies of item A
- items 8, G, H 7 J-N, I if applicable, and P
(sec Title 19. Environment).
3. Variance Supplemental Sheet
4. Fee: Single Family = $100.00
Other = $250.00
Planning Commission Determination
- 1. Application Form
2. One page statement precisely indicating the determination
request.
• 3. General Requirement Items:
- thirteen (13) copies of items A and D
- items H, K, and L
4. Fee: $25.00 -
Administrative Variance Ji 1. Applcatron Form
2. General Requirement Items
- (3) copies of items A & D, if applicable
-: - - items G, H, 3-N, and P
- 3. Fee: $100.00
- list of names and
the project, proof of
63 days priorto filing
bifivation of tenants
Z. GBNEP.ALREQUIREMENTS B. One (i) copy of colored site plan (24"x36")
F. - One.(1) copy of colored elevations (24"x36")
A. Site Plan: Shall include the following information: G. One (1) copy each of 8 1/2'x1l" site plan and elevations.
- Name and address of applicant, engineer and/or H. One (1) copy of S 1/2"xll" location map (suggested scale
architect, etc. 1:200" - vicinity maps on the site plan are not acceptable)
- All easements I. Environmental Impact Assessment Form ($100)
- Dimensioned locations of: J. Public Facility Agreement: 2 copies: One (1) motorized
access, both pedestrian and vehicular, showing original, One (1) reproduced copy.
service areas and points of ingress and egress K. Disclosure Statement
off-street parking and loading areas showing L. Photostatic copy of deed with complete legal description of
location, number and typical dimension of spaces, subject property or other form of description acceptable to
and wheel stops. the Land Use Planning Manager. -
- distances between buildings and/or structures M. PropertyOwners' List and Addressed Stamped Envelopes
- building setbacks (front, rear and sides) (Not needed for Site Development Plan, Special Use Permit
- location, height, and materials of walls and fences and Minor Condominium Permit) 1) a typewritten list of the
location of freestanding signs names and addresses of all property owners and occupants
- all driveways to scale on adjacent and across the within a 300 foot radius of subject property. The list
street properties for a distance of 100 feet beyond shall include the San Diego County Assessor's parcel number
the limits of subject site. from the latest assessment ro.ls. 2) Two separate sets of
- existing curbs, gutters, sidewalks and existing legal size, addressed stamped envelopes (four sets for
paving widths within 100 feet on adjacent and across. condominium conversions) of the property owners and
the street properties. occupants within a 300-foot radius of subject property. F
- typical street section . any address other than single family residence, apartment or
- any existing median islands within 100 feet of suite number must be included. DO NOT TYPE ASSESSOR'S
subject site. PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS
- nearest cross streets on both sides with plus or BLANK, 3) For Condominium Conversions, two separate sets of
minus distances from subject site. addressed, stamped envelopes of all existing tenants is
- location of all buildings within 100 feet of subject required.
properties. N. 300 Foot Radius Map
- a vicinity map showing major cross streets (Not needed for Site Development Plan, Special Use Permit
- a summary table indicating the following and Minor Condominium Permit). A map to scale not less than
information: 1" = 200' showing each lot within 300 feet of the exterior
site acreage boundaries of the subject property. Each of these lots
existing zone and land use - shall be consecutively numbered and correspond with the pro-
proposed land use party owner's list. The scale of the map may be reduced to
.total building coverage a scale acceptable to the Land Use Planning Manager if the
building sq. footage required scale is impractical.
percent landscaping . 0. For residential projects within Vista, San _Marcos, Encinitas
number of parking spaces or San Diequito School Districts, the applicant shall indi
sq. footage of open/recreational cate whether he prefers to dedicate land for school facili-
space (if applicable) ties, to pay a fee, in lieu thereof, or do a combination of
cubic footage of storage space these. If the applicant prefers to dedicate land, he shal'
(if applicable) . suggest the specific land.
B. Preliminary Grading and Drainage Plan* (24"x36") ' For residential projects within the Carlsbad Unified School
- existing and proposed contours on the site and within District, the applicant shall submit written confirmation
100 feet of the boundaries of the site. that school facilities will he available and serve the
elevations of the site project at time of need.
- existing on-site trees; those to be removed and those P. Preliminary Title Report
to be saved. - Q. Proof of sewer availability if located in the Leucadia
County Water District.
C. PreliminaryLandscape and Irrigation Plan* (24"x36") R. Statement of agreement to waive tentative tract map time
T'tion of planting areas and typical plant materials limits.
(quantity and size) *NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
- location of areas to be irrigated S 1/2"X1l".
D. Building Elevations and Floor Plans* (24"x36")
floor plans with suuare footages included
- location and size of storage areas
- all buildings, structures, walls and/or fences, signs
and exterior lights.
TICOR
TICOR TITLE INSURANCE COMPANY
220 "A" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 619-239-6081
JUNE 21, 1983
JERRY ELDER
P.O. BOX 308
LA JOLLA, CA 92038
YOUR REFERENCE ELDER
1111130
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, 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 HEREINAFTER SET FORTH, INSURING AGAINST
LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR
NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPORT IS A
RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL
LOT IMPROVED WITH A STRUCTURE CONTAINING ONE TO FOUR SINGLE FAMILY
RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION
HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT WILL BE THE
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL POLICY - 1979 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.
DATED AT 7:30 A.M. AS OF JUNE 17, 1983
TITLE OFFICER: GUNNELS/RYKOWSKI
SIGNED:
1111130 PAGE
rnap
J1Qibskr
4 OC TICOR
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
JERRY L. ELDER, A SINGLE MAN
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. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1983-84
A LIEN NOT YET PAYABLE.
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND INCIDENTAL PURPOSES:
IN FAVOR OF : THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
FOR : POLES
RECORDED : MARCH 4, 1911, IN BOOK 511, PAGE 235 OF DEEDS
SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT.
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY
FOR : POLES
RECORDED : SEPTEMBER 26, 1966, RECORDER'S FILE NO. 155131
AFFECTS : A RIGHT OF WAY IN WHICH THE WESTERLY AND SOUTHWESTERLY
LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND
112.50 FEET WESTERLY AND SOUTHEASTERLY MEASURED AT RIGHT
ANGLES AND THE EASTERLY AND NORTHEASTERLY LINE OF SAID
RIGHT OF WAY SHALL BE PARALLEL WITH AND 37.50 FEET
WESTERLY AND SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE COMMON BOUNDARY LINE BETWEEN LOT "J o' AND LOT
"I FROM SAID RANCHO AGUA HEDIONDA, DISTANT THEREON, 123.00 FEET
WESTERLY FROM CORNER NO. 11 OF SAID LOT UI", SAID POINT OF BEGINNING IS
THE POINT OF INTERSECTION OF THE CENTER LINE OF THAT CERTAIN LINE OF THAT
CERTAIN GRANT OF RIGHT OF WAY FOR ELECTRIC TRANSMISSION LINES GRANTED TO
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, BY FORREST VIVIAN BORDEN,
1111130 PAGE 2
JTICOR
RECORDED APRIL 24, 1953, AS DOCUMENT NO. 56692, IN BOOK 4833, PAGE 252 OF
OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; THENCE FROM SAID POINT OF
BEGINNING ALONG THE CENTER LINE OF SAID RIGHT OF WAY, RECORDED IN BOOK
4833, PAGE 252 AND ALONG THE CENTER LINE OF THOSE CERTAIN RIGHTS OF WAY
GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED
JUNE 12, 1953, AS DOCUMENT NO. 80465, IN BOOK 4887, PAGE 511,
JUNE 2, 1953, AS DOCUMENT NO. 75486, IN BOOK 4875, PAGE 434,
MAY 26, 1953, AS DOCUMENT NO. 72182, IN BOOK 4867, PAGE 352, AND
JUNE 2, 1953, AS DOCUMENT NO. 75485, IN BOOK 4875, PAGE 431, ALL OF
OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO, THE FOLLOWING COURSES AND
DISTANCES: NORTH 06 °30'36" WEST, 3696.22 FEET; NORTH 24 °32'28" WEST,
3037.65 FEET, AND NORTH 38041155H WEST, 306.10 FEET TO A POINT OF
INTERSECTION WITH THE NORTHWESTERLY BOUNDARY LINE OF RANCHO AGUA HEDIONDA,
AS PER PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEARS SOUTH
32 0 17'09" WEST (RECORD SOUTH 30 0 30'00" WEST, RECORD OF SURVEY NO. 5342.),
839.87 FEET FROM CORNER NO. 2 OF SAID RANCHO AGUA HEDIONDA, SAID POINT OF
INTERSECTION IS ALSO THE INTERSECTION OF THE CENTER LINE OF THAT CERTAIN
RIGHT OF WAY FROM LEIF HENIE TO SAN DIEGO GAS & ELECTRIC COMPANY, A
CORPORATION, RECORDED JUNE 2, 1953, AS DOCUMENT NO. 75542, IN BOOK 4875,
PAGE 522 OF SAID OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, WITH
SAID NORTHWESTERLY BOUNDARY LINE OF RANCHO AGUA HEDIONDA.
THE EASTERLY AND NORTHEASTERLY LINE OF THE ABOVE DESCRIBED EASEMENT AND
RIGHT OF WAY COINCIDES WITH THE WESTERLY AND SOUTHWESTERLY LINE OF THOSE
CERTAIN EASEMENTS AND RIGHTS OF WAY DESCRIBED IN DEEDS TO SAN DIEGO GAS &
ELECTRIC COMPANY, A CORPORATION, RECORDED JUNE 12, 1953, AS DOCUMENT NO.
80465, IN BOOK 4887, PAGE 511; JUNE 2, 1953, AS DOCUMENT NO. 75486, IN
BOOK 4875, PAGE 434; MAY 26, 1953, AS DOCUMENT NO. 72182, IN BOOK 4867,
PAGE 352; AND JUNE 2, 1953, AS DOCUMENT NO. 75485, IN BOOK 4875, PAGE
431, ALL OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO.
4. SUCH RIGHTS OR EASEMENTS AFFECTING THE PORTION OF SAID LAND HEREIN
STATED, FOR PUBLIC ROAD AND INCIDENTAL PURPOSES, AS PROVIDED IN
AN IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
RECORDED : MARCH 7, 1977, RECORDER'S FILE NO. 77-082228
AFFECTS : ALL THAT PORTION OF GOVERNMENT LOT #3, SECTION 32, TOWNSHIP
11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO GOVERNMENT PLAT APPROVED DECEMBER 27, 1870, ON
FILE IN THE SAN DIEGO COUNTY ENGINEER'S OFFICE, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED "R.C.E. 14705"
AND "R.C.E. 14900" AT THE EASTERLY TERMINUS OF MARRON ROAD AS SHOWN ON
PARCEL MAP NO. 184, ON FILE IN THE OFFICE OF COUNTY .RECORDER OF SAN DIEGO
COUNTY; THENCE NORTH 81°06'26" EAST, 1363.79 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 81 °06'26" EAST, 109.96 FEET TO THE INTERSECTION
WITH THE NORTHWESTERLY BOUNDARY OF RANCHO AGUA HEDIONDA; THENCE SOUTH
32 0 56'12" WEST ALONG SAID RANCHO BOUNDARY, 56.37 FEET; THENCE LEAVING SAID
RANCHO BOUNDARY. SOUTH 81 0 06'26" WEST, 72.37 FEET; THENCE NORTH 8°53'34"
1111130 PAGE 3
QCJ31COR
WEST, 42.00 FEET TO THE TRUE POINT OF BEGINNING.
TAX FIGURES FOR : 1982-83
CODE AREA 9013
PARCEL NO. : 167-030-54
LAND $62,239.00
FIRST INSTALLMENT : $362.17 PAID
SECOND INSTALLMENT: $362.17 PAID
1111130 PAGE 4
QCJTICOR
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOT JU OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF NO.
823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT "U"; THENCE SOUTH
58 0 03'52 EAST, 3752.69 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE
BOUNDARY OF LAND DESCRIBED IN DEED TO GRANT H. BECKSTRAND, El UX, RECORDED
JULY 21, 1960 AS FILE NO. 147314 OF OFFICIAL RECORDS; THENCE RETRACING
ALONG SAID BOUNDARY, NORTH 58°03'52 WEST, 3042.69 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID BECKSTRAND
LAND, NORTH 58 0 03'52" WEST, 710.00 FEET TO THE MOST NORTHERLY CORNER
THEREOF; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 32 0 19'48" WEST,
399.00 FEET AND SOUTH 58 0 17'19" EAST, 710.00 FEET TO A LINE THAT BEARS
SOUTH 32 0 20'01" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
32 0 20'01" EAST, 396.22 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF GOVERNMENT LOT NO. 3, SECTION 32, TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIP WITH A BRASS DISC MARKED RCE 14705 AND
RCE 14900 AT THE EASTERLY TERMINUS OF MARRON ROAD AS SHOWN ON PARCEL MAP
NO. 184 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE NORTH 81 0 06'26 EAST, 1,363.79 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 81 0 6'26" EAST, 64.96 FEET, MORE OR LESS, TO AN INTERSECTION
WITH THE NORTHWESTERLY BOUNDARY OF RANCHO AGUA HEDIONDA; THENCE SOUTH
320 56'12" WEST ALONG SAID RANCHO BOUNDARY, 271.15 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE,
HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 41 0 49'46", AN
ARC LENGTH OF 131.41 FEET; THENCE NORTH 8 °53'34" WEST, 15.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID
CURVE, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 90 0 00'00",
AN ARC LENGTH OF 39.27 FEET; THENCE NORTHERLY IN A STRAIGHT LINE TO THE
TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF GOVERNMENT LOT NO. 3, SECTION 32, TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND
1111130 PAGE 5
®r-TICOR
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14705 AND
RCE 14900 AT THE EASTERLY TERMINUS OF MARRON ROAD AS SHOWN ON PARCEL MAP
NO. 184, ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE NORTH 81006!261t EAST, 1,363.79 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING SOUTH 81 0 06'26" WEST, 45 FEET TO THE NORTHEASTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED
MAY 29, 1973 AS DOCUMENT NO. 144266 OF OFFICIAL RECORDS; THENCE ALONG THE
EASTERLY LINE OF SAID LAND, SOUTH 8°53'34" EAST, 42 FEET; THENCE
NORTHERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING.
"NOTE: WE ARE ENCLOSING HEREWITH OUR BILL FOR CHARGES
INCURRED IN THE ISSUANCE OF THIS TITLE REPORT IN THE
AMOUNT OF $200.00
SHOULD YOU REQUIRE A SUBSEQUENT POLICY AND WHERE NO MAJOR CHANGE
IN THE TITLE REPORT HAS OCCURRED SINCE THE ISSUANCE OF THIS REPORT,
THE ORDER MAY BE RE-OPENED AND THE CHARGE FOR THIS REPORT EXCLUDING
ANY EXTRA WORK CHARGES MAY BE CREDITED ON A SUBSEQUENT POLICY
CHARGE WITHIN THE FOLLOWING TIME PERIODS FROM THE DATE OF THE
REPORT AS FOLLOWS:
WITHIN 24 MONTHS -- 100 PERCENT OF THE CHARGE MAY BE CREDITED
TO THE FINAL POLICY CHARGE.
OVER 24 BUT LESS THAN 36 MONTHS -- 50 PERCENT OF THE REPORT CHARGE
MAY BE CREDITED TO THE FINAL POLICY REPORT."
1111130 PAGE 6
LESLEY McBRIDE CORPORATION
COMMERCIAL BROKERAGE & DEVELOPMENT
June 27, 1983
Catherine D. Nicholas
Land Use Planning Off ice
1200 Elm Avenue
Carlsbad, California 92008
BE: Project: Flower Fields
Owner: Jerry Elder
Dear Catherine:
Enclosed you will find an updated preliminary title report which
should accompany the above referenced package.
Please do not hesitate to contact me if our package is lacking in
any way. We look forward to hearing your reaction to the project.
Sincerely yours,
Holly Haye
enclosure
41
A
00
Pti' Ei;'
7946 Ivanhoe Avenue P.O. Box 308 La Jolla CA 92038 (714) 459-3608
A DIVISION OF J. L. ELDER CORPORATION
General Contractor Lic. *363544
- S _393
• 4ECORDING REQUESTED B
ii 5, P14
ATTORNEY
AND WHEN RECORDED MAIL. TO
Mr. Jerry Elder
P.O. Box 308
La Jolla, California 92038
dr.fl
MAtI TAX ITATIMSNT$ TO
ease
1
, Same as above
'I L_
80-029423
.FILE/PACf ;t ElE't' iggo
ITEM L RECORDEU REQUEST OF
ATTORNEY
JMIZS II 32.W 4 Rfl
SAN DIEGO COUN1Y.OAI.fr ,
VERA L. LYLE
I RECORDER,
S3.
SURVEY
MONUMENT
PRESERVATION
USER FEE
$10.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Corporation Grant Deed
TO 1921 CA 1 74,
THIS FORM FURNISHED BY TICOR TITLE INSURERS A P N. 9013 167 090 i:
The undersigned grantor(s) declare(s):
Documentary transfer tax i1 S Nn CotrM-inn
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
I"OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LARWIN SAN DIEGO, INC.,
a corporation organized under the laws of the State of California hereby GRANTS to
JERRY L. ELDER, a single man, It's right, title and interest to
the following described real property in the
County of San Diego , State of California:
All that portion of Government Lot No. 3, Section 32, Township 11,
South, Range 4--West,-San-Bernardino Meridian, in the City of Carlsbad,
in the County of San Diego, State of California, according to Official
Plat thereof , and being More particularly described as follows:
Beginning at a 2 inch iron pipe with a brass disc marked RCE 14705 and
RCE 14900 at the Easterly terminus of Marron Rcad as shown on Parcel Map
No. 184, on file in the office of County Recorder of San Diego County,
thence North 810 06'26" East 1,363.79 feet to the true point of
beginning, thence retracing South 8lt06126 West 45 feet to the North-
Easterly corner of the Land described in deed to the City of Carlsbad,
recorded May 29, 1973 as Document No. 144266 of Official Records, thenc
along the Easterly line of said land South 8'53 1 34" East 42 feet, thenc
Northerly in a straight line to the true point of beginning.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru.
ment to be executed by it Presi them_C;l_I forn_I a,_ / I thereunto duly authorized.
Dated: June22,1979 Larwin San Diego,mc'.aCaiifoznia
Corporat STATE OF CALIFORNIA 047
COUNTY OF_ loos Angeles
I
On July _17,_1979 before me. the under. Mi
. I-f . By signed. $ Notary Public in and for said personally appeared Setw'etrv MichaelI._Kestn known
to me to be the President. and .3. Kotsos
--_Secretary of she Corpo.ation that executed the
within Inatrument, ka.irrn to me to be the persons who executed the
Within Instrument Jehslf of the Corporstlonahere named, and
acknowledged to 'rat aucIorporatiun esechv within Instru
ment pur.uan$iby.l(r a resolution ts board of directors.
WITNESS m and and 0)?! seal. • - ,,v
Name (Typed or YrmtedJ
(This area for oMelal notarial s..I)
tie Order No.___
I'
MAIL •/"
.. .. oil
fECORDING REQUESTED BY
i1JC5, fL'T,1e,Z v /i1C/c
ATTORNEY
AND WNIN RSCORORD MAIl. To
r. Jerry L. Elder
P.O. Box 308
La Jolla, Calif. 92038
L J
Mall TAX ITATIMINTI TO
1
Same as above
Z/PAC 80-029422
flC.r'Y 980
RECORDED REQUEST OF
ATTORNEY
JNZ5 I P'Rfl
OFFIWAL Xz G01RUS SAN DIEGO COUNTY, CALIF.
VERA L. LILE
RECORDER
$4.00
SURVEY
MONUMENT
PRESERVATION
USER FEE
$10.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
TO 142 3 CA (12.741
Individual Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS 9013 167 090 =13
A.P.Pd.
The undersigned grantor(s) declare(s): V
Documentary transfer tax is $OS]iPfl
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GRANT H. BECKSTRAND and NILDRED B. BECKSTPAND, husband and wife
hereby GRANT(S) to JERRY L. ELDER, a single man
the following described real property in the
County of San Diego State of California:
All that portion of Government Lot 3 Section 32, Township 11 South, Range
4 West, San Bernardino Meridian, as more particularly set forth on the
legal description attached hereto and made a part hereof as Exhibit "A".
Dated L~ I Bec 1 Lf Grant H.
L I
STATE OF C 1, RNIA
COUNTY }ss.
On ).._4_%_. ( D f Q_ before me, the tirnler.
aign l,C'otnry Public in and for maid State, perannally appeared
(C,) B_'
- known to me
to he the peraonj whoae name__, a,,hacrlhed to the within
inatr,iment and acknowledged thatZ?-r t'xecited the anme.
WITNESS my hand and official meal.
P~A 1:
Mildred B. Beckstrand
-----------------------
OFFICIAL SEAL
DAVIS B. GRANT
NOTARY PUILIC CALIFORNIA
PRINCIPAL OFFICE IN
~ 001a LOS ANGELES COUNTY
MY COMMISSION EXPILES JAN 31 1951
Signature ¼?
(liii yrs for ae$a) aalti*I Pu.!)
I Title Order No. ..__Esrrow or Loan No -
MAIL TAX STATEMENTS AS DIRECTED ABOVE
392
ALL THAT PORTION C. GOVERNMENT LOT NO. 39 SEC iN 329 TOWNSHIP ii
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14705 AND
RCE 14900 AT THE EASTERLY TERMINUS OF MARRON ROAD AS SHOWN ON PARCEL
MAP NO. 184 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE NORTH 81006126N EAST, I9363.79 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 81 0 06 0 26" EAST, 64.96 FEET, MORE OR LESS, TO
AN INTERSECTION WITH THE NORTHWESTERLY BOUNDARY OF RANCHO AGUA
HEOZONDA; THENCE SOUTH 32 0 56 0 12" WEST ALONG SAID RANCHO BOUNDARY 271015
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 180.00 FEET, THROUGH A
CENTRAL ANGLE OF 41 0 49'46"9 AN ARC LENGTH OF 131.41 FEET; THENCE NORTH 8 0 53341 WEST, 15.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 25000
FEET, THROUGH A CENTRAL ANGLE OF 90 000 9 009 AN ARC LENGTH OF 39.27
FEET; THENCE NORTHER LY IN A STRAIGHT-LINE TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED
LAND:
THAT PORTION OF THE RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO.
823 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND
THAT PORTION OF SECTION 329 TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF LOT 285 AS SHOWN ON MAP OF
CARLSBAD TRACT NO. 12-21, UNIT NO. It MAP NO. 7651, ON FILE IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEARS SOUTH
570 16 0 23" EAST (RECORD SOUTH 57 0 16 0 47" EAST PER MAP NO. 7651) 709.36
FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE RETRACING ALONG
SAID NORTH LINE NORTH 57 0 16 0 23 WEST, 709.36 FEET TO AN INTERSECTION
WITH THE NORTHWESTERLY BOUNDARY OF SAID MAP ND. 823; THENCE LEAVING THE
BOUNDARY OF SAID LOT NO. 285 ALONG THE BOUNDARY OF SAID MAP NO. 823
NORTH 32 0 54'31" EAST, 154.58 FEET TO THE BEGINNING OF A TANGENT 180.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE LEAVING SAID RANCHO
BOUNDARY ALONG THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
DEED TO THE CITY OF CARLSBAD RECORDED MAY 299 1973 AS FILE/PAGE NO.
73-144266 OFFICIAL RECORDS, NORTHEASTERLY, NORTHERLY, AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41049w46M 9 A DISTANCE OF 131.41 FEET; THENCE TANGENT TO SAID CURVE
NORTH 08 053'34" WEST, 15.00 FEET TO THE BEGINNING OF A TANGENT 25.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY.
NORTHERLY AND NORTHEASTEReY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90 0 00 2 00" A DISTANCE OF 39.27 FEET TO THE
SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT
CERTAIN OFFER TO DEDICATE TO THE CITY OF CARLSBAD RECORDED
MARCH 79 1977 AS FILE/PAGE NO. 77-0.82228 THENCE LEAVING THE BOUNDARY
OF SAID DEED RECORDED MAY 299 19739 ALDNG THE BOUNDARY OF SAID DEED
RECORDED MARCH 79 1977 NORTH 81 0 0626" EAST, 72.37 FEET TO AN
INTERSECTION WITH THE ABOVE MENTIONED NORTHWESTERLY BOUNDARY OF THE
RANCHO AGUA HEDIONDA; THENCE ALONG THE BOUNDARY OF SAID RANCHO NORTH
32 0 54'31" EAST, 30.38 FEET TO THE MOST NORTHERLY CORNER OF LAND
DESCRIBED IN DEED ID GRANT H. BECKSTRAND AND MILDRED B. BECKSTRAND
RECORDED JULY 219 1960 AS FILE/PAGE NO. 147314 3FICIAL RECORDS;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID BECKSTRAND PROPERTY SOUTH
57 0 11 6 44" EAST, 709.99 FEET; THENCE SOUTH 32 0 59 0 58" WEST, 398.78 FEET
TO THE POINT OF BEGINNING.
I AND wwt$ PrtrokozD MAlt. 70
1
Mr. Jerry L. Elder
Post Office Box 308
ri La Jolla, CA 92038 1__
MAlI TAX $TAIIMINTa TO
1— I
' same as above
SI'
I'. II •. A 7A
ACE ABOVE THIS LINE FOR RECORDERS USE
Individual Grant Deed
THIS FORM FURNISH4ZO BY TICOR TITLE INSURERS
FILCMACS so. ?7-530173
171 17K VtcORDIri REQVIEST OF
Tnt' 10114110AR01 & TRUST CO.
DEC23 eAM'77
OFbItiA., RCOfl
$ANOIIOQCOUNTY,OAUP,
The undersigned grantor(s) declare(s) : TRANTI TAX PAID
LUY
F. JOM, RECORDER Documentary transfer tax is .J0.40--------
Xi computed on full vaimmn of prupert conveyed. or
( ) computed on full value less value of liens and ent:umthra,tees remaining at time of snie.
( ) Unincorporated area: I / 1 City of '-'L - _________________ _____________ and
I-'Olt A VALUABI.E CONSIPI;HATION, receipt of whith ic hereby acknowledged,
GRANT H. BECKSTRAND and MILDiRED B. BECT<STRAND,
husband and wife
hereby CflANTS) to
JERRY L. ELDER,
a single man
the following described real property in the
County of San Diego . Stait" of California:
That portion of the Rancho Acua Hedionda according to Map
thereof No. 823 on file in tine office of the County Recorder
of San Dic'rto County, and t hat- port ion of Sc'rtien 3?, Tonhirt
11 South, Ranqe 4 Wc't:, San Dirrnarclino Meridian, in the City
of Carlsbad, County of San Diego, State of California,
as more particularly cicscribetd on Exhibit "A" attached hereto
and made a part hereof.
Dated December . 9, 1977 Grant H. Bec strand
E OF cA1.RSl5
ELIOn -. nt,.. the 11111111tT f 110L'Icu
a Nrit Irs I'ni,hr in anti tot .-;iid 'tami. '' .t,,,aiIv a;tp..tItr°hI
ànd'
'MildreclB Bockstranä Limun I-,
,.. i't the pi'toii_S .._.svhitt'.i' ItalIlt 5 arC tilt-ri ut,,! itt the tttuii
u,,tri,,i,ini anti :irknowlrtlgeti hat. - - thCyrttttiich j,, -tint,..
\'t It'. E'S tity hand and iifliril--al.
.L4Q 1
Mildred B. Beckstrand
(VS ICIht SEAL
•\ JEi'INIF. R. DOTTORE
I.-it At' 'tip: I,: c'1lreNmA
r-n c:i 'Frlri: IN
C. UTY
'rO;r E.:ites June 17, 1979
3•4,t,.•.. .............. 3tI•flhIItIIlIIliIIM.Nu4IIII.IuILsiuIuulttuiaitiithi.t
i ,.R,h,t Wdlrtol 5.11'
or Loan
MAIL TAX STATEM AS DIRECTED ABOVE
,1.
I, (
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THERECF NO.
823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON
NOVEMBER 16, 13969 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT "J"; THENCE SOUTH
58 0 33 9 52" EAST 3752.69 FEET MORE OR LESS TO AN ANGLE POINT IN THE BOUNDARY
OF LAND DESCRIBED IN DEED TO GRANT H. BECKSTRAND, ET UX, RECORDED
JULY 21, 19b0 AS FILE NO. 147314 OF OFFICIAL RECORDS THENCE RETRACING
ALONG SAID BOUNDARY NORTH 58 0 03 6 52" WEST 3042.69 FEET TO THE TRUE POINT
OF BEGINNING THENCE CONTINUING ALCNG THE BOUNDARY OF SAID BECKSTRAND LAND
NORTH 5 0 03 1 52 WEST 710.00 FEET TO THE 4051 NORTHERLY CORNER THEREOF
THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 32 0 19 9 48 WEST 39900 FEET AND
SOUTH 58 0 17 1 19" EAST 710.00 FEET TO A LINE THAT BEARS SOUTr4 3Z°20 1 01
WEST FROM THE TRUE PCINT OF BEGINNING, THENCE NORTH 32 0 23 1 J1" EAST 396.22
FEET T3 THE TRUE POINT OF 3EGINNING.
PARCEL 2:
ALL THAT PCRTTN OF GCVERNMENT LCT NO, 3 9 SECTION 321 TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14735 AND
RCE 14903 AT THE EASTERLY TERMINUS OF MARRCN ROAD AS SHOWN ON PARCEL MAP
P40. 184 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
THENCE NORTH 8100626fl EAST, 19363.79 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NORTH 81 0 6 1 26" EAST, 64.96 FEET, MCRE OR LESS, TO AN INTtRSECTION
WITH THE NORTHWESTERLY BOUNDARY CF RANCHO 4GUA HEDLONDA, THENCE SOUTH
32 0 56 0 12 WEST AL)NG SAID RANCHO BOUNDARY 271.15 FEET TO THE SEGINING OF
4 TANGENT CURVE CONCAVE WESTERLY. THENCE NORTHERLY ALONG SAID CURVE,
HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 41049146I9 AN
ARC LENGTH OF 131.41 FEET, THENCE NORTH 3 0 53 1 34" WEST, 15.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, THENCE NORTHERLY ALONG SAID
CURVE, HAVING A RADIUS OF 25.03 FEET, THROUGH A CENTRAL ANGLE OF
90 0 O3'QC", AN ARC LENGTH OF 39.27 FEET, THENCE NORTHERLY IN A STRAIGHT
LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PCRTION OF GOVERNMENT LCT NO. 3, SECTION 329 TOWNSHIP Ii SOUTH,
RANGE 4 WEST, SAN SERNARO1NO MERIDIAN, IN THE CITY OF CARLS3AD 9 IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
I I (
THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO.iS
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14705 AND RCE
14900 AT THE EASTERLY TERMINUS OF MARON RJAD AS SHOWN ON PARCEL MAP ND.
184, ON FILE IN THE OFFICE OF COUNTY RECCRI)ER OF SAN DIEGO COLHTY, THE-ACE
NORTH 81 0 06 1 26" EAST 1063.79 FEET TO THE TRUE POINT OF BEIN'UG, THENCE
RETRACING SOUTH 81 0 06 1 26" WEST 45 FEET TO THE NORTHEASTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED
MAY 29, 1913 AS DOCUMENT NO. 14266 OF OFFICIAL RECORDS, THENCE ALONG THE
EASTERLY LINE OF SAID LAND SOUTH 8 0 53 1 34" EAST 42 FET, THENCE NORTHERLY
IN 4 STRAIGHT LINE TO THE TRUE PCINT OF BEGINNING.
(f
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature ot declarant determining
tax-firm name
City of Carlsbad
Parcel No. 167-090-55 -
AGREEMENT BETWEEN DEVELOPER-OWNER -
AND THE CITY OF CARLSBAD FOR THE
PAYMENTOFAPUBLICFACILITIESFEE
THIS AGREEMENT is entered into this 3 day of June
by and between Jerry L. Elder
(name of developer-owner)
an_ individual _, hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 7946 Ivanhoe Avenue, Suite 106
(Street)
La Jolla, California 92037 and THE CITY OF
TCity, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
132 unit condominium development
REV 4-2-82
!T 8-?-13
on said Property, which development carries the proposed name of
Flower Fields
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 6 day of June
19 83_, with the City a request for a major condominium permit,
rezone & tentative map L7 13/3
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as Implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
.
NOW, THEREFORE, n consideration of the r tals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehotne sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
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.
-3-
REV 4-2-82
I .
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 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.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
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.
—4 -
. n
6. All obligatic hereunder shall termina in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and. references to Developer or City herein
shall be deemed to 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
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
C .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Jerry L. Elder
(name*.
BY
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA
COUNTY OF ..5Q/)
On this .2 day of Zr" At - , in the year
before me, the undersigned, a Notary Public in and for said State, personally appeared
FICIL SUL personally known to me re HOLLY D. HAYES (or proved to me on the basis of satisfactory evidence) to be the person... whose name_
- -P OTAiY PUBLIC-CALIFORNIA ________________ subscribed to the within instrument and acknowledged to me that _he_ Vq
PRI4cIPAI. OFFICE IN executed it. wocOUNTq
My Commfssn Exp. Aug. 13, I85 WITNESS m hand and official seal ---
ACKNOWLEDGMENT—General—Wo4cots Forn, 233CA—Roy. 5-82
@1982 WOLCOTIS. INC.
L i(&y/-
NdIary Public in and for said State.
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION
MAP THEREOF NUMBER 823, FILED IN THE OFFICE OF COUNTY RECORDER OF
SAN DIEGO COUNTY ON NOVEMBER 16, 1896 AND ALL THAT PORTION OF
GOVERNMENT LOT NUMBER 3, SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, ALSO KNOWN AS ASSESSOR'S PARCEL NUMBER 167-090-55.
Q0 (I
SECURED AGREEMENT BETWEEN
OWNER AS DEVELOPER AND CARLSBAD UNIFIED
SCHOOL DISTRICT
THIS SEutED AtitiENT is entered into this 27th day of
April , 1983, by and between 1/
Jerry L. Elder
(Name of Developer)
an individual
(Corporation, Partnership, Etc.)
hereinafter referred to as "Developer", whose address and phone number
is 7946 Ivanhoe Avenue, Suite 106
(Street)
La Jolla, Cal
ity, State, Zip
619) 459-3608
(Phone Number)
and
CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California,
hereinafter referred to as "District", whose address is 801 Pine
Avenue. Carlsbad. California 92008
W I T N E S S £ T H:
A. WHEREAS, Developer 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 proposes to construct 3/
132 residential units consisting of 98 two bedroom units
and 34 one bedroom units.
I .
on said Property, which development carries the proposed name
of Flower Fields and is
hereafter referred tc a "Development"; and
D. WPFAS. Developer (Filed on the
day of , 198_)
intends to file with the City
(Intends to file)
of Carlsbad a request for 4/ major use permit
E. WHEREAS, Developer and District recognize that school facilities
and services will not be available to accommodate children who may subsequently
move into the proposed development; and
F. WHEREAS, Developer has 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
Developer is aware that the District cannot, and will not, be able to give
Developer any such assurances without financial assistance to pay for such
services and facilities; and
G. WHEREAS, the Developer agrees 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:
-2-
.
.
1. The Developer shall pay to the District the sum of
One Thousand, One Hundred Seventy and no/100 Dollars ($1,170.00)
(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
Dwelling units to be constructed shall be determined from the approved
subdivision 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 $1,170.00 times the number of dwelling units
(Or whatever sum is in effect at the time building permits are issued)
for 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 Developer when due and payable
shall bear annual interest at the rate of two (2) percentage points above
the prime rate charged by Bank of America at the time of default.
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 Developer's obligation hereunder, Developer shall provide
to District the securities called for in subparagraph 3.1 or 3.2 or 3.3:
-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 Developer's performance of the terms of
this agreement. 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 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 Districtft5/
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 Developer, and upon his request, assurances necessary to enable 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/
of denial of the tentative map or the Planned Development Permit.
and the District shall within ten (10) dyas 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 from one party to the other shall be in writing, and
* a Trust Deed
-4-
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 ijotice is given to the District, by personal delivery
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 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 addresses as may have been designated,
postage prepaid and certified.
6.3 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 Unitied 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 Developer
and the District, and references to Developer or the District herein shall be
deemed to be reference to and include their respective successors and assigns
without specific mention of such sucessors 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
-5-
interest in the Property shall have first assumed in writing the Developer's
obligations hereunder and shall have complied with paragraph 3 hereof.
IN WITNESS WHEREOF, this Agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER:
Jerry L. Elder
(Name)
By
Tit 1'e /
M.
Title
DISTRICT:
CARLSBAD UNIFIED SCHOOL DISTRICT OF
SAN DIEGO COUNTY, CALIFORNIA
BYA*ed &4'
RATIFIED BY GOVERNING BOARD:
1vt1 J , 1983
10
'S
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATEO IN THE STATE OF
CALIFONIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOT "J" OF THE RANCHO 4lU4 HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFOkNIA, ACCORDING TO PARTITION MAP THEREOF NO.
8239 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON
NOVEMBER 16, 1396, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT "J"; THENCE SOUTH
58 0 03 1 52" EAST 3752.69 FEET MORE OR LESS TO AN ANGLE POINT IN THE BOUNDARY
OF LAND DESCRIBED IN DEED TO GRANT H. BECKSIRAND, El UX, RECdRDED
JULY 211 19o0 AS FILE NO. 147314 OF OFFICIAL RECORDS THENCE RETRACING
ALONG SAID BOUNDARY NORTH 58 0 03 1 52" WEST 3042.69 FEET TO THE TRUE POINT
OF BEGINNING THENCE CONTINUING ALCNG THE BOUNDARY OF SAID BECKSTRAND LAND
NORTH 58 003 1 52" WEST 710.00 FEET TO THE 40ST NORTHERLY CCRNER THEREOF
THENCE CONTINUING ALCNG SAID BOUNDARY SOUTH 32 0 19'48 WEST 399.00 FEET AND
SOUTH 58 0 17'19" EAST 710.00 FEET TO A LINE THAT BEARS SOUTH 32020101N
WEST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 32 0 20'Jl" EAST 396.22
FEET TU THE TRUE POINT OF 3EGLNNING.
PARCEL 2:
ALL THAT PORTION OF GOVERNMENT LOT MO. 39 SECTION 32, TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14705 AND
RCE 14900 AT THE EASTERLY TERMINUS OF MARSCN ROAD As SHOWN 3M PARCEL MAP
NO. 184 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
THENCE NORTH 81 0 06 1 26 EAST, 1,363.79 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NORTH 81 0 6'26" EAST, 64.96 FEET, MORE OR LESS. TO AN INTtRSECTION
WITH THE NORTHWESTERLY BOUNDARY OF RANCHO AGUA HEDIONDA, THENCE SOUTH
32 0 5ó 1 12" WEST ALONG SAID RANCHO BOUNDARY 271.15 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE WESTERLY, THENCE NORTHERLY ALONG SAID CURVE,
HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 41 0 49'46", AN
ARC LENGTH OF 131.41 FEET, THENCE NORTH 3°53'34" WEST, 15.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, THENCE NORTHERLY ALONG SAID
CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF
90000I00, AN ARC LENGTH OF 39.27 FEET, THENCE NORTHERLY IN A STRAIGHT
LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF GOVERNMENT LCT NO. 39 SECTION 329 TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN 3ERNARDLNC MERIDIAN, IN THE CITY OF CARLS3AD9 IN THE
COUNTY OF SAN DIEGO, STATE CF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
ko
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THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A BRASS DISC MARKED RCE 14705 AND RCE
14900 AT THE EASTERLY TERMINUS OF MARRON ROAD AS SHOWN ON PARCEL MAP NO.
184, ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE
NORTH 81006126*1 EAST 1 9 363.79 FEET TO THE TRUE POINT OF BEGINNING, THENCE
RETRACING SOUTH 81 0 06'26" WEST 45 FEET TO THE NORTHEASTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED
MAY 29 9 1973 AS DOCUMENT NO. 144266 OF OFFICIAL RECORDS, THENCE ALONG THE
EASTERLY LINE OF SAID LAND SOUTH 8 0 3'34" EAST 42 FEET, THENCE NORTHERLY
IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING.
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CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92006
(714) 438-5551
i
RECEIVED FROM____--------- DATE _-----
A/C. NO.
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