HomeMy WebLinkAboutCT 84-03; VINEDALE CONDOMINIUMS; Tentative Map (CT)L=
BEQUEST
1.] Zone Change
0 General Plan mendment
13Tentative Tract Map
ljpianned Unit Deve?oent
Il3Ilalor Condorniniun Permit
DMinor Condominium Permit
DMaster Plan
DMajor Condominium Conversion
[]major Redevelorment Permit
(check other boxes if appropriate)
IJMinor Redeveloent Permit
Oprecise Develomient Plan
0 Specific Plan
fJSite Development Plan
'[]Conditional Use Permit
0 Variance
[Jplanning Commission Determination
0 Special Use Permit
DAdministrative Variance
J OTTtp1ete Description of Project iattacfl additional sheets if necessary)
1cation of Project
Legal Description (complete)
The Northeasterly 20 feet of Lot 1 and all of it 2 ifl.Bjk
; ?iis, County of San Diego, State of California, according to map thereof No. 103,
filed in the office of the County an D3 acto Aucalus
assessors Parcel Number
206-020-33
1 ne General Pia r Existing Land Use
R-H Single family dwelling
ed General Plan Site Acreage
Same 1.01 acres
Name (Print or Type)
Vinedale Development Corp.
do Luke-Dudek, Civil Engineers
RDM
Proposed zone
Same
e (Print or rjpe)
Mr. & Mrs. P.D. Cloud
3iing Address
. 5201 Shore Drive
!Citv and Qtate zip lilciephorie
~00 Carlsbad, CA 92008
1 Cfli<TLFY TI-IAT I AM TEiE LiL OLR Ni)
b IH7T ALL THE ABOVE lEFORL'TICN IS TIJE
JND CORRECT TO THE BEST OF MY KNOLELXE.
kJd e/e' LTE
575 Second Street
-
-Uty and State Zip Telephone
Encinitas, CA 92024 942-5147
[TCEI2I F'i THAT I A1 THE ONER' S FESENT!\T1VE
AND THAT ALL THE AO.TE INFordtTIc IS T1UE
1 AND CORRECT TO THE BEST OF MY KNCLEFCE.
t9), PplicatlOn 1CC
)i
1vci 13y
le
Lase
OP1 37____4
e+ VI - -
If after the information you have subittdd has btci reviewed, it is deLermined
that further inf ormation.0 required, you will be so ad ed.
'
P.D. & L.A. CLOUD
OWNER Name (indiyidual, partnership, joint venture, corporation, syndication)
5201 Shore Drive, Carlsbad
-- Business Address
Telephone Number
• - Vir II Qi~weniCnrp.. ,j'/n r Civil Enqjners
DEVELOPER Name
- 575 Second Street, Enbinitas,cA 92024 - -
Business Address
94 -5147
Telephone Number •- - - . . •
James E. Vine €yrejr'
OF..VINEDALE . Name (individual, partner, joint Home Address
DEVELOPMENT .ventuxe, corDaration, syndication) .
CORPORATION'
• 2125 Redgap court, Encinitas, CA
•
-: • . Business Address • -
Telephone Number Telephone Number --
Dale A. Buzza, President
Individual . . Home Address -
2125 Redgap court, Encinitas, CA
, Business Address • ..
....-.
Telephone Number . Telephone Number
.
-5---
Attach more sheet if necessary) . .... -
I/we declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be'
• relied upon as being true and correct until amended.
" -'Z VINEDALE DEVELOPMENT CORPORATION
Owne . S Applicant -
Percy D. Cloud S I'Jame E. Vine
Lucille.A. Cloud Agent, O:ner, Parnr - • -
. .
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appii
oants are requirod to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and sie 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,
dress 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 applicatiri be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its .leal address and the name and address of each individual
person who is a general and/or limited partner or member of the
Joint venture.
Should one or more of the parties be a privately held corporation
(lb 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
individual shareholder or syndicate member. Should the corpor-
atthn be a publically he-id corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
I
( C 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
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.
Signa e Date
GREG LUKE, LUKE-DUDEK, Civil Engineers - Agent
Name (Print) Relationship to Application
(Property Owner-Agent)
l'NNP'1G 17 REVTcED 3/80
QCO_TICOR TITLE FOSURANCE
TICOR TITLE INSURANCE COMPANY
220 "A" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 619-239-6081
PRELIMINARY REPORT
JANUARY 10, 1984
VINEDALE DEVELOPMENT
ATTN: JIM VINE
2459 UNICORNIO ST.
CARLSBAD, CA 92008
YOUR REFERENCE: CLOUD PARCEL MAP
OUR ORDER NO. : 1117262
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES 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 FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
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 JANUARY 6, 1984
TITLE OFFICER: PROVENCE/Rj1RUP
SIGNED: --- -
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979
( ) ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
CLTA STANDARD COVERAGE POLICY - 1973
ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
1117262 PAGE
moej- TICOR TITLE IISURANCE
Ll
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:
PERCY D. CLOUD AND LUCILLE A. CLOUD, HUSBAND AND WIFE AS JOINT TENANTS
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. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE
OF CALIFORNIA
2. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN
DATED : FEBRUARY 7, 1975
AMOUNT : $20,000.00
TRUSTOR : PERCY D. CLOUD AND LUCILLE A. CLOUD, HUSBAND AND WIFE
TRUSTEE : MAR VISTA FINANCIAL, INC., A CALIFORNIA CORPORATION
BENEFICIARY : PEARL B. CLOUD
RECORDED : FEBRUARY 11, 1975, RECORDER'S FILE NO. 75-032094
SAID MATTER AFFECTS:
THE SOUTHWESTERLY 40 FEET OF LOT 2 AND THE NORTHEASTERLY 20 FEET
OF LOT 1, IN BLOCK "5"
AND RE-RECORDED: SEPTEMBER 24, 1975, RECORDER'S FILE NO. 75-260660
3. THE FOLLOWING-MATTERS SHOULD BE CONSIDERED IF AND WHEN THE
INTENDED PURCHASER ACQUIRES TITLE.
MATTERS RELATING TO THE CORPORATE
STANDING OF: VINEDALE DEVELOPMENT
REPORT TO FOLLOW.
TAX FIGURES FOR : 1983-84
CODE AREA : 9000
PARCEL NO. : 206-020-33
1117262 PAGE 2
Qeo- TICOR TITLE §ISURANCE
LAND : $134,512.00
FIRST INSTALLMENT : $760.19 PAID
SECOND INSTALLMENT: $760.19 PAID
1117262 PAGE 3
JTICOR TITLE INSURANCE n
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY 20 FEET OF LOT 1 AND ALL OF LOT 2 IN BLOCK U.S II
OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. AUGUST 25, 1924.
1117262 PAGE 4
.
0
I
CAT. NO. NN00627
TO 1944 CA (1-83) TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego } SS.
On October 25, 1983
Signat
me, the undersigned, a Notary Public in and for and Lucille A. Cloud
wJ
°FFALSEAI
LUELLA R. WATRO(JS
-
[ NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN - SAN DIEGO COUNTY
My Commison Exp. Nov. 12. 186
(This area for official notarial seal)
said State, personally appeared
personally known to me or
proved to me on the basis of satisfactory evidence to be
the persona... whose name s are subscribed to the
within instrument and acknowledged that they exe-
cuted the same.
WITNESS my hand and official seal.
'a -I I.
0 ro TffLE INSURANCE
AND TRUST
ATICOR COMPANY
STATE OF CALIFORNIA
COUNTY OF San DIego } .
On -rchr. 25. -198 1 before me, the undersigned, a Notary Public in and for
said State, personally appeared Dale A. Buzza
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the ___________________
President, and James E •__ Vine
personally known to me or OFFICIAL SEAL
proved to me on the basis of satisfactory evidepce to be LUELLA R. WATROUS the person who executed the within instrument as the
Secretary of the Corporation NOTARY PUBLIC CALIFORNIA
that executed the within instrument and acknowledged PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its My Commission Exp. Nov. 12.1986
board of directors.
WITNESS my hndAnd official seal
Signatu
CAT. NO. NN00737
TO '1945 CA (7-82)
(Corporation)
46
EXHIBIT t7 A"
LEGAL DESCRIPTION
The Northeasterly 20 feet of Lot 1 and all of Lot 2 in Block NS of Palisades
No. 2, City of Carlsbad, County of San Diego, State of California, according
to map thereof No. 1803, filed in the Office of the County Recorder of San Diego
County, August 25, 1924.
QUALITY
ORIGINAL (S)
'• -I,(.-'_ - if1F.1L.
lfOOIeITn 7 3 ly•
kq .e fcrrnr*
vis cow. VAK fAA SIATWX13 M.
—:
1
'.w Mr. & ?4r. P. D. Cloud
11- 520 Shore .-!.
Carilbad, Calif. 92008 MG
J - QUITCLAIM DflD -. •- .- -•. -.
D IGO c JTOIid itAQT*) . A. P. 1206 020 33
_-.-__--___..__. . . .
o co.ufrd ce lye cey of . . . .
o
CONS IOERATIOM LESS IHAft 1100.00. NO STAMPS REQUIRED, . S. & i3lorle A.'Jonkmen, .. .-. ¶
husband wH* ANO Pircy.0. &'Lui lIe- A. Cloud, husband & viSe
1i1&V.)spercyO. Luclfl.A. CIud, hijdand and
to as Jocit tenants.
?b(tcbdU il city o f:,' f Carlsbad
Cceety.f Sin 0ego 511
The P4crtheesteriy 20 feet of Got lerd all of Lot 2 ir 80cl"S..
ol Palisades Mo. 2, City' ofCtisbe4 untyof-San-0lego,.$tat.. -..
I o1_.C1l1o4-nle. according to map fhereot No. 1803, itied In the 1.
.j flee of the Cunty Recorder.-ô1' San.0!ego County, Aug.. 25,' -.1924. Y:- •
SIZE OF . I • - ....... . - !i.- •-A'• -. •-. A.
VtPA I. I It E ii
cooaIic. .2) _...j 0..Ti
• . •;--,I .—'- .
*O4 1 ,Il PC lcd I i, 14 SWZ flfl_-4 1IPI1'4 . - .•- .
• --•• :'. ..... ______ .- ..
bo e, H.1.J .tyq tt -4 it 1w fft • -- ....... -, .•
— A ----- -.
• . au-
I1II1U my 4 y4 ,1.- . .if.A-
'p-' 7.L' -.
—
------ I
sT*lieISrQi_Q..!jLuc Hle A. Cloud 5201 Sor. 0r, Carlsbad, Ca.92008
m, * . • - -I.. 1I —. — $ — '
'I C
.. •.•. - ,. ......— - .....................---- -. .- -
—
-C
• . • - . - . • .. • ..--- •: ..... ---:.:-.---. :-
ca
..
(nh — bCUE$T ) mts REDORM wt TO
ADDRESSEE
Mr. & Mrs. P. D. Cloud
5201 Shore Drive !Ni 37PH'79
Carlsbad, CalIfornia OFFICILL 'EEORD$
(j
92008 RECORDER . -i . AN DIEGO COUNTY, CALI? S
.00
SPACE AW1 1193 LINE FDA WWW" U
CONSIDERATION LESS 'rHAN 3100.00. NO STAMPS REQUIRED.
I DOCUMENTARY TRAnjF*0 TAX I
.._.._COM?lJff 0 ON PUU VAU* O POOflhTT CONVITlO,
L
— 1703
0 COMPUTLD ON ?VT.I. VAIl)! U53 LILNO AND
HCUMSLANCZ$ OOMAJNING AT TIMS O SAIl. QUITCLAIM DEED 4, .4 D,.4....11 - A....l N.,Mn piN, 90l
A. P. 1 205 020 33
Percy D. Cloud and Lucille A. Cloud, husband and wife, as Joint tenants
XENIX RELUU AND FOREVER QUMWH is
N hsr$
John S. Jonkman and Gloria A. Jonkman, husband
and wife AND Percy D. Cloud and Lucille A. Cloud, husband and WI to, 'cc
tenants In common.
thSrs$is4I1T84 city of Carlsbad Call Of San Diego
StrIll 19 CWft* dog" ac
The Northeasterly 20 feet of Lot I and all of Lot 2 In Block "5"
of Palisades No. 2. City of Carlsbad, County of Dan Diego, State
of California, according to map thereof No. 1803, filed In the
office of the County Recorder of San Diego County, Aug. 25, 1924. rmT......JTrT.
-
January 12, 1979
'Percy T. Cloud
TuI life A. Cloud
3Essi C*IIIW
iqig
M(1IP9S4 _47'EIeN 2. Cj.crb .'N.S h4f,lLL A. '&ôub
/
knous Is me labs the p umea _Onbsoibsd Is the withls instresset aed scbseu4edsd tba- 'T'' ---2 f pEwtsd the ssm& ' '4
Y(dr= my hvA W *&W sal. OFFICIAL SEAL
WAY. IN PRINCIPA OfIICE I I SAN MUM COMI"Y
t'4',i se". It *90* ce
TrOs Ord
c5
MAIL TAX
VAFEWIS to Percy D. & Lucille A. Clotid 5201 Shore Or., Carlsbad, CalIf.
" 92008 A
P 155 T5 a.,d 5. w 5. eMSI ===.c -"V 'TØ — — 0-- O . se .
,r.
.7
•CCOO'NO atOHETE0 Y
H M.dITAX ?ATE .4
See mddrese bq..low
9 —00
No 3 , M1oVrir o I jT
WHEN P,EC000CoM*ILTP.,
OR0E,. NO. ..2o .
tcoOWNo.
GRANT DEED
(JOINT TENANCY)
- W.2L)t 0.20— /.
MAR 11 I! 3QAM'73
OFfICIAL RECORDS
IAN DIEQO COUNTY, CALIF. HANLEY P.1100)4
IECOOER
$3.00
RECORDERS USE ONLY
XX DOCUMENTARY TRANSFER TAX *•4.. 2
COMPUTED ON FULl. VALUE OF PROPERTY CONVEYED, Off
COMPUTEOON FULL VALUE LESS LIENS C ENcUMRIfANCS$
AININOT REONATTI OFEALE.
— - W
C 1 N1 Cl
F. S. FOUNTAIN, TRANSFER TAX PAID
a single man HAJtLtY F. ILOOM. EiCOPIDU
FOR A VALUABLE CONSIDERATION, does HEREBY GRANT TO
PERCY D. CLOUD AND LUCILLE A. CLOUD, Husband and Wife
as joint tenants,
the nil prop"tn the unity f San Diego - of Call! ontla, d icnlb. U: -State
Lot 2, in Block "S" of PALISADES UNIT NO. 2, in the'Courty of San Dieao, State of
California, according to the Map thereof No. 1803, filed in the Office of the County
3 'C - 'n - -, .- E •T'
:- —
Recorder of said San Diego County, August 25, 1924, excepting therefrom the
Southwesterly 40 feet of said Lot 2.
/2I15
/3.
0usd: February 2, 1973
STATE OF CALIFORNIA •l
COUNTY
bnlor. me. IN. ond. 6d. a Notary Public In and for said
County and Slat,, personally appeared -
YThtain
rftn1rtTIrrrrn-n.r I -
/
'—I
WbKflb*d to the wilh4n instrument and Acknowledged that MAR N L. HICKCOX
he A.
JX
WITNESS nY hand A,,? It
Notify P,.,bI,c In and for ta County and Slat..
MAIL TAX STATEMENT AS DIRECTED ABOVE /
-.--v
.-.... - .
I ,
_________............. •. . . - .........- .. .-...-:-.-.-. .......
. .
/ ADDITIONAL ESCROW INSTRUCTIONS
Escrow No. 21-3009
To: Date Oct. 24, 1.983
CALIFORNIA FIRST BANK
Encinitas Office
This additional escrow instruction amends and/or supplements existing instructions in this escrow in
the following particulars only:
1. Title to the property covered by this escrow, is to be vested as follows:
2. Vinedale Development Corporation, a California Corporation.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29..
30.
31.
32.
33.
34.
35.
36.
37.
38. All other terms and conditions re to remain unchanged.
[ Vthe Daie A.
-
MIA Z
INE
PMENT CORPORATIQN /
UU
FORM 4511, 10/75
Encinitas
BUYER'S ESCROW INSTRUCTIONS p • 0 • Box 787 / 200 'tfl" St.
Encinitas, CA 92024
TO: CALIFORNIA FIRST BANK
Escrow No. 21-300 9 -
Escrow Officer TWtxn&__
Telephone No. 753 -9404
Date June 22, 1983
SLYER it SELLER
,~SCFILOW
CALIFORNIA g
FIRST BANK U
M.mb., FDIC
Branch
1. The undersigned Buyer is acquiring the land described below upon the terms and conditions
2. hereinafter stated and for the following consideration: V
3. Paid to Seller outside of escrow, with which you are not to be concerned .......... 4f'/'d. 10, 000. 00
4. Paid to broker who deposits herewith ............................................................. V. .$
5. I deposit herewith ................................................................................ $ 500.00
6. I will cause to be handed you before close of escrow, otit ow ........ s. 415 ,500. 00
7. Existing .loan of record, with approximate balance of ................................................... $
8. I will execute Note and Deed of Trust in favor of Seller .................................................. $
9. ................................................................................................$
10. TOTAL PURCHASE PRICE $ 426,000. 00
11. and I will deposit any additional funds-and Instruments required from me to enable you to comply with these Instructions, which you are
12. to use on cE__MarC11_15_, 19._84 , and when you can procure a Standard Owner's or Joint Protection policy of Title
13. insurance from Chicago Title Co, ,containing their standard exceptions, and provisions, with liability not exceeding
14. $ 426,000,00 on real property in the city of , County of San _Diego_State of California, viz:
15. Lot 2 and the Northeasterly 20 feet of Lot 1 in Block "S" of PALISADES No. 2, in the
16. County of San Diego, State of California, according to the Map thereof No. 1803,
17. filed in the Office of the County Recorder of San Diego County, August 25, 1924.
18.
19.
20.
21. showingtitle vested in JAMES E. VINE AND DALE BUZZA. Buyers reserve the right to designate another
22. entity of the buyers in whom title is to vest. Parties agree that the escrow may not
23. be assigned to a third party.
Grant Deed to the designated entity s a be deemed approval.
24. Free of encumbrances EXCEPT: All TAXES for the fiscal year 19_84.19 Including levies for any district
25. such as, but not limited to drainage, irrigation, road improvement, acquisition and improvement, fire protection, etc.
26. BONDS . ASSESSMENTS -- - none
27. with no delinquent payments, and with unpaid balance of principal not to exceed $
28. COVENANTS, conditions, restrictions, reservations, easements, rights, and rights of way of record, including so called zoning
29. ordinances,
30. if any and a if any.
31.
32. The buyers will deposit the sum of $5,000.00, into escrow on September 1, 1983,
33. and on the 1st day of each month thereafter, until this escrow is consummated.
34. Each $5,000.00 deposit, upon receipt by escrow holder, is to be released to
35. the seller, Immediately and prior to close of escrow,, with no further written
36. instructions. Escrow ho1deris released of all liability as to the releases,
37. in the event this escrow is not consummated. Each deposit of $5,000.00 is to
38. be credited toward the purchase price.w.IS 4
39.
40. Seller reserves the right during the escrow period to locate suitable like
41. property with which to effect a tax deferred exchange pursuant to Code Section
42. 1031 of the Internal Revenue Service and will notify escrow holder in writing
43. when said like property has been located and an escrow opened, at which time
44. seller will assign all of his right, title, interest and obligations in this -
45. transaction to the acornmodator in the exchange.
46. - - -
47
48. The buyer and seller both acknowledge that they are licensed real estate
49* brokers in the State of California.
50. -
51.
52.
53.
54. -
55. - -
56.
57. -
58. - -
59.
60. -
61.
62.
63. At close of escrow you are to PRORATE the following:
64. City, County and any irrigation district taxes to Closeofescrow
65, interest on loan of record and F.H.A. Mortgage Insurance Premium to ___none
66. Interest on improvement bonds (if any) to none
67. Rentals, on basis of statement furnished by Seller or broker to_ none -
68. Premium on fire and other insurance delivered into escrow (or that beneficiaries inform you they hold) to None.
69. aaa IrL
70. 71. on buildings and personal property situated on property described above, or known as- 286 a 20O8
72. You are to assume that any such policies are in force and that the premiums thereon are fully paid.
73. In the event any Beneficiary's Statement reveals an impound account for future payment of taxes, insurance, etc., you are to charge the
74. Buyer and credit Seller the amount of said account.
\FORM 4631
Page 1 - PLEASE SIGN AND RF,T1m -
- Escrow No. , . V GENERAL INSTRUCTIONS
- 1. disbursements by your check. Mall title policies and fire policies to holder of first encumbrance being recorded herewith, if any,
2. otherwise to Buyer. Other documents or checks In my favor to be mailed to my address below.
3. Make prorations on basis 30-day month. 'Close of Escrow" shall mean the day papers are filed for record.
4. Proration of taxes and other levies shall be based on the current fiscal year's figures, except during the period In which they are not
5. available you are to use the Immediately preceding year's figures as furnished to you by the title company. Seller will pay outside of
6. escrow and before delinquency, all taxes on personal and/or real property not conveyed through this escrow, which are a lien on the
7. property being conveyed herein.
8. You shall be under no obligation or liability for failure to Inform me regarding facts within yourknowledge, even though said facts
9. concern the property described herein, provided such facts do not prevent your compliance with these Instructions, nor shall you be liable
10. for the sufficiency or correctness as to form, manner of execution or validity of any Instrument deposited, nor as to identity, authority, or
11. rights of any person executing the same. Your liability as escrow holder shall be confined to the things specially provided for In my written
12. Instructions in this escrow.
13. Time is hereby declared to be of the essence hereof. in the event the conditions of this escrow have not been complied with by the
14. time provided for herein, you are nevertheless to complete the same as soon as the conditions (except as to time) have been complied
15. with unless notice of cancellation is given by either party. Any notice of cancellation affecting this escrow, for whatever reason and
16. whenever given, may be given only In writing, delivered to you in duplicate. On receipt of such notice you shall within 5 days mail a copy to
17. the other party. Unless written objection thereto from such other party shall be received by you within 10 days after such mailing, you may
18. comply with the instructions contained in such notice upon payment of your costs Incurred to date. In the event written objection Is
19. received within the time stated or In the event conflicting claims or controversy arises between the parties hereto with respect to the
20. terms and conditions of this escrow and to any moneys or documents which you hold in escrow, you may at your option, but without
21. limiting your other rights at law as herein set forth, do either of the following:
22. (a) Cease all proceedings in the performance of this escrow and withhold all moneys, securities, documents or other things
23. herein deposited until such controversy or conflict is resolved to your satisfaction by written agreement of the parties or by a
24. final determination thereof by appropriate legal proceedings.
25. (b) File a suit in interpleader, in which event we jointly and severally agree to pay all escrow costs upon filing of said suit and
26. expenses, and all attorney's fees and court costs expended or incurred by you and you shall ipso facto be fully released and
27. discharged from all obligations further to perform any and all duties or obligations imposed upon you in this escrow.
28. We jointly and severally agree to save you harmless from and we jointly and severally agree to reimburse you for all loss, cost,
29. damage, judgments and expense, including, but not limited to, reasonable attorneys' fees and court costs sustained or incurred by you in
30. any action, proceeding or litigation of any nature, which may be connected with or arise out of or relate to this escrow (before or after
31. closing) notwithstanding anything in these instructions to the contrary. -
32. To pay on demand, regardless of the consumation of this escrow, all charges Incurred by you on our behalf and your usual escrow
33. fees and charges.
34. It isunderstood that the fees agreed to be paid, are for ordinary and usual services only, and should there be any extraordinary or
35. unusual services rendered by you hereunder, the undersigned agree to pay you reasonable compensation for such extraordinary or
36. unusual services, together with any cost and expenses which may be incurred by you in connection therewith; and you are hereby given a
37. lien upon all documents, moneys, and securities herein deposited until you have been so compensated or reimbursed.
38. Your Bank as escrow holder is relieved of all responsibility and/or liability In connection with any -law pertaining to land division, 39. including but not limited to the Subdivision Map Act, nor shall you be concerned with the enforcement thereof.
40. You are not to be concerned with and shall not be responsible for compliance with the Consumer Credit Protection Act or the Truth In
41. Lending Act or any similar law and you shall not be responsible for the sufficiency or correctness of any statement or document in
42. connection therewith whether or not the same is deposited in escrow.
43. I agree to pay on demand usual Buyer's charges Including recording deed, drawing any trust deed executed by me, drawing and
44. recording any other documents necessary on my part, and one-half of escrow fee, and any loan assumption or transfer fee.
45.
46. You are authorized to furnish upon request, copies of these instructions and final settlement statements, to existing or proposed
47. lenders and any broker hereunder.
48. Seller herein agrees to sell and Buyer herein agrees to buy the property described herein upon the terms hereof.
:x 49. Any amendment of or supplement to any instructions must be in writing.
Signature
receipt of a
E . Vine -A (1, 6) Jdate)
52. Signatur - Signature
(date) (date)
53. Address- 2125 Redgap Ct. ____________________________
Encinitas, CA 92024
54. _u: 438-8500 Res: 942-9207 ________
(Telephone)
55, SELLER'S ESCROW INSTRUCTIONS
56. THE FOREGOING TERMS AND CONDITIONS AND/OR INSTRUCTIONS ARE HEREBY CONCURRED IN, APPROVED AND
57. ACCEPTED.
58. I will hand you all instruments and money necessary for me to comply therewith, including a deed to the property described, which
59. you are authorized to record and deliver when you hold In escrow money and instruments deliverable to me under these instructions. You
60. are instructed to pay any encumbrances necessary to place title in the condition called for herein.
61. Pay demand of Lienholder of record when you can obtain their full reconveyance
62. of their deed of trust.
63.
64.
65.
66.
67. -
68.
69.
70. -
71. -- -
72.
73. You will as my agent assign any fire and other insurance of mine handed to you or that beneficiaries inform you they hold.
74. I agree to pay usual Seller's charges, including those for policy of title Insurance, one-half of escrow fee, drawing any deeds or other
75. instruments executed by me or necessary on my part, documentary tax as required, recording any trust deed in my favor, and obtaining
76. offset statements, beneficiaries' statement and/or demands.
77. Make check for balance payable, Percy D. Cloud and Lucille A. Cloud
78. and mail check to(address)_+20l Shore Drive, Carlsbad, CA 92008 unless called for on day
of Closing by-,seller.
SELLERS 79. Signature
le A.
_2_7- f3 (date)
80. Signature
81. Address as shown above
-
82.
- Signature
(date)
729-9249
(Telephone)
(date)
(Telephone)
-Page -
FORM 4632, 4179 5 Y
Address _e'7Ci S447 S
CA4 .±Y3 V 3077 (Telephone)
ADDITNAL ESCROW I NSTRUCIONS
Escrow No. 21-3009
To: Date October 25, 1983
CALIFORNIA FIRST BANK
Encinitas
Office
This additional escrow instruction amends and/or supplements existing instructions in this escrow in
the following particulars only:
1.
2.
3. Sellers agree to sign necessary documents within five days after
4. receipt of written notification presented to seller in person.
5. I.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38. All other terms and conditions are to remain unchanged. VINEDALE VEVEOPMENT
/ JVercy D. Cloud s E. ViD-ff
?/z1 /4f7Z By: 9,,
AYM
Dale A. Buzza ) Lucille A. Cloud
FORM 4511. 10/75
. .
AQDITIONAL ESCROW INSTRUCTIONS
Escrow No. 21-3009
To: Date October 24, 1983
CALIFORNIA FIRST SANK
Encinitas
Office
This additional escrow instruction amends and/or supplements existing instructions in this escrow in
the following particulars only:
Sales price of the property covered by this escrow is hereby amended to be
$439,040.00, to be paid as follows:
Paid outside of escrow, which is acknowledged by seller $10,000.00
Paid to seller through escrow, which is acknowledged by seller 10,000.00
To be released to seller October 24, 1983 55,000.00
To be released to seller March 15, 1984 13,040.00
Cash to seller at close of escrow 351,000.00
$439,040.00
This escrow will not close before March 15, 1984, but may at the option
of the buyer be extended up to three months to June 15, 1984. The buyer
will notify the seller in writing at least 30 days before he elects to close
escrow. Copy of said notice to be delivered to escrow holder.
Escrow holder is instructed to release the sum of $55,000.00, to the seller
on October 24, 1983. Said amount is applicable to the sales price, and
non-refundable. Escrow holder is hereby relieved of all liability as to
said release of funds prior to close of escrow. In the event this escrow
is extended beyond March 15,1984, buyer's will deposit the sum of $13,040.00
into escrow, which is to be released to seller immediately and prior to close
of escrow, with no further instructions required. Said $13,040.00 shall be
applicable to the sales price and non-refundable.-'
Lines 32 through 38 in the original escrow instructions, page 1, are no
longer in effect., since the remaining 5 payments of $5,000.00-each, are
includedin the October 24, 1983 payment of $55,000.00.
An additional agreement with which escrow holder need not be concerned shall
be executed concurrently with this instruction by Buyer and Seller. This
agreement shall provide that Seller will assist Buyer in the development
of the property by executing any and all documents required by the owner
of the property to beeecuted, and Buyer will indemnify the Seller against
any monetary liability incurred as a result of signing any such documents.
Escrow's only concern with this agreement is to require that an executed copy
of the agreement dated October 21, 1983, be received before the disbursement
of any funds prior to close of escrow.
In connection with the application to the Carlsbad Unified School District,
it will be necessary for Seller to execute a note and trust deed for
approximately $30,000.00 to secure the consent of said district to the
development. Buyers hereby agree to assume that noteät close of escrow
and to request the release of the Seller from all liability under that note.
If said release is not possible, Buyers will indemnify seller against any
liability arising therefrom. -
All other terms and conditIons of the escrow instructions dated June 22, 1983,
are hereby confirmed and remain unchanged.
e A. Cloud - Date
rcy f Cloud / ' Date
i67zØ3
Vine . - DAke
e i1 A. Date
RECORDING REQUESTED BY S
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
LQ 42
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. ')_O - -23
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of Jthj't/h-'7 , 19 FV
by and between
Vinedale Development Corporation
(Name of Developer)
a s a corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
2125 1edgap Court
(Street)
Encinitas. CA 92024 -
(City, State, Zip Code)
and Percy D. & Lucille A. Cloud
(Name of Legal Owner)
as individuals - , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
5201 Shore Drive
(Street)
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.
REV 4-2-82
RECITALS 1
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:
on said Proper'ty,which development carries the proposed name of
286 Chinquapin Ave Development
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
with the City a request for a Tentative Tract Map and Major
Condominium Permit
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-
REV 4-2-82
I
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 mobile-home sites or
-3-
REV 4-2-82
. S
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 Dursuant to the Request. The fee shall be paid
prior to t'he 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
off,ers 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-
.. I
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 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
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
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, 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
successor's 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.
I/I
/11
I/I
/-2--82
• • IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
70 e&41--Z
BY Percy D. Cloud, 'Owner By Dale A. Buz za
BY Lucille A. Cloud, owner TITLE President, Vinedale Devel exit Corp.
BYJames E. Vine
TITLE Secretarsurer
•Vinedale Development Corporation
ATTEST: CITY OF CARLSBAD, a municipal
corporation of the
State of California.
BY_________________________________
ALETHA L. RAUTENKRANZ City Manager
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorrey
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
-7--
REV 4-2-82
S I PiNa. FILE
CT9/3
CITY OF CARLSA
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
(714) 438-5551
RECEIVED FROM___________________________ DATE
fin or cc
A/C. NO. DESCRIPTION AMOUNT
04 -0 - (
01- 8s
I C\ co f
$
TOTAL