HomeMy WebLinkAboutCT 84-10; SPYGLASS POINTE; Tentative Map (CT)r
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REQUEST
. I o ZOne Change
OGeneral Plan AIoondment
IXlTentative Tract l/'JaP
mlPlanned unit Developnent
OMajor Condominium Permit
[JMinor Condominium Permit
OMaster Plan
OMajor Condominium Conversion
OMajor Redevelopnent Permit
(check other boxes if appropriate)
SEE ATTACHED
o Minor Redevelopnent Permit
OPrecise Developnent Plan
OSpecific Plan
OSite ~velopment Plan
OCOnditional Use Permit o Variance . o Planning Conmission Determinatioo . o Special Use Pernd t
'OMninistrative Variance
A,LCANT£ RD,o ON THE EAST AND . WEST SIDE OF
SEE ATTACHED
RDM
garss / 5~9 acres net
LESLIE HALTERMAN OF LIGHTFOOT & ASSOCIATES
708 FOURTH STREET
92075 (619) 481-5122 OCEANSIDE, CA
----------------------,...,.,.-------~~~-~~-~----=-= -. eX" e4-\olcP-~\ • .. . ,
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• '. ,First American Title Insurllncf!' Company "
411 IVY STREET. (P.O. BOX 808) SAN DIEGO. CALIFORNIA 92101 • ,(61,9) 23~·1776·
JIMM SCOTT
866 South Sierra Avenue
SolarIa, 'Beach, Cali fornia
, Your No,.
Our Order No. 864815~14
February 7" 1984
+n, response to the above referenced application for a po,l;f.cy of title insuranc~,.
this Company ,hereby reports that it is prepared to issue, or c~use to be is~.u~d,
as of the date hereof, .a Policy or Policies of Title Insurance descriQirig th;e
l~nd and ,the estate or interest therein hereinafte'r se~' forth~ In~ur:l.ng 'agail)st,'
~oss Wlich may be sustained by reason of any defect, loien or' .encumbrance '~qt
showl or referred to as an Exception below or not· excluded from, coverage
.pursuant· to the printed Schedules, Conditions ,and Stipulati:ons of ,said· poli.cy
fQrms •. The printed Exceptions and Exclusions from the coverage of s~·id PolJcy'
oJ;'.Policies are set forth in Exhibit A attached. Copies of·the·Policy·fo~s
'sho:uld be read. They are available from the office Wlich issued thi's report.
This report (and any supplements or amendments hereto) is iss~d solely fO'r the
.purpose of facili.tating the issuance of a policy of Ut~e 'insuraqceand .. IlQ
~iabiIi,ty is assumed hereby. If it is desired that liability be assumed prior
to the is~uance of· a policy of title insura~7" a Binder or Commitment spould 'be,
requeste~. . .. ,,-,.'/ () ft. "
" '"\:lVC'~A~1t / 'L Dated as of February 3, 1984 at 7: 30 a.m. __ /) . ___ l.,(.~-__ _
LARRY VINTI/rlv TITLE OFFICER ~
The fo.~ of policy title insurance contemplated by this report is:
" Title to said estate or interest at the date hereof is vested in:
HUGH L. HEARNE, ,JR., a married man as his sole and separate p+operty
The estate or inte,rest in the .land -hereinafter described or referr~ to covered
by this Report, is:
FEE
The land referred to herein is described as follows:
SEE LEGAL DESCaIPTION ATTACHED
At the date' hereof exceptions to coverage in addi,tion' to the printed ejcceptic)'Os
and exclusions contained in said policy form ~uldbe as follows:
SEE FOLLOWING PAGES ATTACHED
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ORDeR NO. 864815-14 ~
PAGE NO.2 .'
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At the date hereof exceptions to coverage in addition to the printed exc,ept;L9ns ,.
and excJusions contained in sai<l,policy form w;)uld be as follo'w:>:
1. Second Installment, General and Special taxes for the fiscal ye'ar 1983-84.,
2. The lien of supplemental taxes assessed pursuant to Chapter ,498" Statut~s of .
1983 of the State of California.
3. Ail easement for a line or independent lines' of poles or, steel tow:!rs or
poles, and wires or cables suspended thereon and supported ther~by',
,including wLres for telephone, signal and comm\lnication pll~poses, also
including guys, anchorage,crossarms and braces, tQge~her with t''be right 9f'
i~gress and egress from said right of lily by a practical route or routeS. 'and
.incidental purposes in favor of 'San Diego Gas & Electric Company,' recorded
April 16, 1954 in Book 5207, page 161 of Official "Records. "."
Reference is made to said instrument for further particulars.
Affects a portion of said land.
4,; An easement' for the transmission and distributiQn of electricity and. for
telephone purposes, together wLth the right of access to the 'right of ley
pver the lands of the Grantor and including the right to clear, a~d ke~p
c~ear said right of Wiy from explosives) buildings structures, t~ees, brul?h
and iJlfl~mable material for the protection from fire and other hazards and
incidf?ntal purposes in favor of San Diego Gas & Electric CompaIlY, recorded
11ay 12, 1954 in Book 5235, page 133 of Official Records.
5. The right of first refusal to lease in favor of, Big Bear 'Supermarket No. 3"
a California corporation, contained in an Unrecorded Lease dated July 1,
1971, said Unrecorded Lease creating a Leasehold Estate on property other'
t;han that Wiich is, described in the legal description ~ichLease is
executed by La Costa Land, Company) an Illinois corporation, as Les,.sor, ,and'
Big Bear Supermarket No.3, a California corporatio.n, as Lessee Said, right,
of first refusal set forth in said Lease is as foU.o w:>:
In the event that during the term of this Lease, La 'Costa Land Company, an
IllinOis corporation, shall decide to create one or more shopping centers
and La Costa Land Company, an Illinois corporation, shall desire the.re be
located a public mar~t or a package liquor store independent of the market',
then, and in such -.e:v:ent, Big Bear Supermarket No.3, .a California
corporation, shall have the first right of refusal to lease the contemplated
market or contemplated package liquor store. La Costa Land CQmpany, an
Illinois corporation, shall notify Big Bear Supermarket No.3, a California
corporation, in a"iting of La Costa Land Company, an Illinois corporation,
intentions and shall off~r to lease such premises to be operated as a mar~t
or package liquor store to :Big !Sear Supermarket No.3' a Califo'rnia
corporation, for the same rental and on the same baSis 'equal to tna,t o{fered
La Costa Land Company, an Illinois corporation by a third party. Such offer
to Big Bear Supermarket No.3, a California corporation, shall be ;Ln ~iti~~
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ORDER Np. 864815-14 ~
PAGE NO.3 ,~
and shall be open for a period of ten (10) days and' shall ~tat~ th~ name and
ad~ress of the third party tllich' had made an offer to ~a Costa Land Com.pany, ,
an Illinois corporaUon, as ~ll as the rental . and pertinent. lea,se,
provisions.
6. An offer and the rejection of said offer subject to the provisi,ons,6f :,'
Sect;ion 66477.2 of the Government Code of the State of Cal:f,fornia for the
d~.dication of portions as ShOWl as Reserved for Future Stree't on Map" 7784-
and reserved on Map 8266, tllich provides that a' rejected offer of degica1:ion
shall remain open and subject to future accE!;ptance by the City of, Carlsbad.
7. An offer anc;l the rejection. of said offer subject to the' prqvisions of
, Section 66477.2 of the Government Code of the St'ate of' California ~or', the,
dedication of portions .ShOWl as Reserved for Future Slo,pe Rights on Map 71~4
and reserved on Map 8266, Wlich provides ,that a rejected offe:r of, dedic:ati9n
,shall remain ppen and subject to future acceptance by theCi ty of. Carlsbad. ':
8. A dedication to, the San Diego Flood Control District,' and acc~ptatice' thereby
of drainage easements and the easements for access to, ~intain drainage',
facilities, all as ShOWl on Map 7784. '
9.' 'An open space easement as dedicated on Map '77 84.
10. A '5.5 foot general utility and tree planting easement asd~dicated, on,~14p
7184.
11. An easement for se~r pipeline or
appurtenances and incidental purposes
District, recorded October 14, 1975
Records, described as follow;:
pipelines, manholes, lateral,s and
in favor of Leucadia County Water
as File No. 75-2.82565 of Official
PARCEL A -20.00 foot Se~r Easement-.... -. ;.,
Beginning at a point'" in the Northerly right of Wly of' Alicante Road assho'Kl"
on said ~~p No. 7784 on file in the Office of County Recorde~ of San Diego
County, said point being the Easterly terminus of that cert~in 5~8.,OO foot
radius curve, concave Northerly, a radial line to said point bears South
30°21 '20" East; thence Westerly along said curve through a central angle 0.£
Z4°27'39" 'an arc distance of 238.22 feet to the TRUE POINT OF BEGINNINq, ,a
,radial line to said point bears' North 5°53 '41" East; ,thence leavi'ng said
curve along a non-tangent line North 6°55 '00" Wes't, 165.00 'fee,t to a, p01:nt
hereinafter referred to as Point "A"; thence North 9°50'19" East, 208.47
feet; thence North 19°16'28" East, 348.62 feet; thence North 41 °3~ '00" 'W~st,
270.41 feet; thence North 34°37'00" East, 200.11 feet; thence North 8°~3'00"
East, 139.69 feet; thence North,53°24'00" East, 110.32 f~et) th~nce, No,rth
15°25'00" East, 97.24 feet; thence North 5«;)°00'00" Kast, 1..35.17 f~et; then~e
South 63 °29'23" East,' 89.11 'feet to a point in the 'Westerly line of that
certa:in 20.00 foot se~r easement granted to the Leucadia County Water
District, June 7, 1971 as File No. 118~'84 of Official Records, said poin,t
also being on the 'arc of a 1210.00 foO't radius curve, concave Easterly"a
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", ORDER NO. '864615-14 • • PAGB NO.4
radial 1'ine to said point bears North 63°57'48" West, the side.lines of this
20.00 foot easement shall be lengthened or shortened to ~erminate in, the arc
of the 558.00 f'oot radius curve at the TRUE POINT OF BEGINNING and in the -' arc of the 1210.00 foot radius curve at the terminus.
PARCEL B -10.00 foot Se~r Easement-
A ,10.00 foot se ~r easement the center line of 'Wlich is' de~cribe:d: ' as "
follows:
Beginning at the above mentioned Point "A"; thence North 7~005'00" Bast,
45.41 ~eet to the Point of Terminus, said point being in the arc' of a non-" ,
tangent. 330~00 foot radius curve, concave Easterly, a radi.al line 1:0 said
}>Oint 'bears North 65°58 '14 " West, the sidelines of said easement to be
lengthened or shortened to terminate in the arc of said 330.09' foot· radius
curve.
Excepting any portion lying within Parcel A above.
PARCEL C
An easement for ingress and egress to maintain selier mai'ns and appurtenance.s·
described as follows:
Commencing. at Point "A" described in Parcel "A" above, thence North.
73 °05 '0.0" East, 11.20 feet to an intersection with the Easterly line of that
certain 20.00 foot strip of land described in Parcel "A'i above; thence along
said Easterly line North 9°50' 19" East, 5.60 feet to the TRUE. PO;rNT OF
BEGINNING then.ce continuing along said Easterly line North 9°50'19" East~
99.20 feet; thence leaving said Easterly line South 54°14 '48" East, '59,,66: .
feet to an intersection wi th a 330.00 foot radius curve, concave
SOQtheasterly, a radi!ll line to said intersection bears North 54°14'48"
West; thence South~sterly along the arc of said curve through a central
angle of '10°33'51" a distance of 60.84 feet to an intersection wLth. the
Northerly sidelines of that certain ·10.00 foot strip of land describe4 in
Parcel "B" above, a radial line to sa,id intersection bears North 64°48' 39" .
West; thence leaving the arc of said curve along said Northerly sideline
South 73°05'00" West, 36.12 feet to the TRUE FOINTOF BEGINNING'.
12. Any rights, interest or claims Wlich may exist or arise by r·eason <;>f the'
folloldng facts show--by-a survey and inspection of said land. and •. by
inquiry:
The fact that an easement or lessor right for cable tv exists on said land
as disclosed by Rancho La Costa Cable TV Plat No.2 and shown on a surve.y of
said land.
Affects a portion of Parcel C-3.
ORDER NO. 864815-14
,PAGE NO. 5 '. •
13. An easement for public street purposes, and incidental purposes in favor, of
the City of Carlsbad, recorded October 24, 1975 as 'File No,. 75""2~58630f -
Official Records, described as follo~:
That portion of CARLSBAD TRACT NO. 72-25,
of, ,Section 25, TOWlship 12 South, Range
Meridian~ all in the City of Carlsbad,
C~lifornia, more particularly described as
Map No. 77 8'4, and tl)e South Half
4 West, San, Bernardino Base ,and
County of San Diego ,Sta·te of
follow; :
Beginning at a point in the 'centerline of Alicante Road as sho,Wl,on said l1ap'
No. 7784 on file in the office of the Recorder of 'said County being the
Easte,rly terminus of that certain 600.00: foot rad'ius ~urve ,cop.c~ve
Northerly, a radial line to said point bears South 30°21 '20" Ji;ast tnen,ce
along said radial line North 30°21 '20" West 42.00 feet to the Northeriy
right of Wly of said Alicante Road; thence Westerly along the arc ,of
concentric 558.00 foot radius curve and said right of W:Lythro,ugh a central
angle of 15°25 '41" an arc distance of 150.25 feet to" the TRUE POINT, OF
BEGINNIN'G, a point of compound curvature atha 25.00. foot .'rad:f;us c~rve
concave Northeasterly; thence leaving said right of Wly',Northwasterly along
the arc of said compound curve through a central angle of 104 °1,9 '2~!' an 8'rc '
distance of 45.52 feet to a point of canpound curva,t~re wi. th a 270.00 f~ot
radius curve concave Easterly; thence Northerly alo:ng ,said curve t'hro.ugh a,
central angle of 50°25'16" an arc distance of 237.60 ,feet; thence North
49°49'00" East, 67.00 feet to the beginning of a tangent 430.00 foot rad1'us '
curve concave Westerly; thence Northerly along said curve thro\lgh a central
,aI16le of 46°16'37" an arc distan~e of 347.30 feet to an intersection ath,
the Southwesterly line of that certain 100.00 foot strip of land 'granted to'
San Diego Gas and Electric Company by deed recorded April 16, 1954 in Book"
No. 5207, page 161 of Official Records, and deed record,ed M~y'12, 1954 in
book. 5235, page 133 of 'Official Records, a radial line to said intersection
bears South 86°27'37" East; thence along said Southwa~terly line North
64 °56' 32" West, 14.,35 feet to a point in the arc of an 1170.'00 foot ra~:lius
curve c'oncave Easterly, a' radial line to said point' bears South 76°46.'22",'
West; tlience Northerly along the arc of said curve through a central angle"
of 34°40'0,3" a distance of 707.92 feet to a point in the arc of a 50.00. foot
radius curve concave Southwasterly, a radial line to said ,point from said '
50.00 foot radius curve bears North 20°12 '57" East; thence We~terly~'
Southwesterly, Southerly and Southeasterly along: the atc of said curve,
through a central angle of 131 °25'09" a distance of 114.68 feet to a point"
of reverse curvature ath a 50.00 foot radius curve concave Westerly; thence, '
Southerly along saictcurve throu6h a central angle of 36°52'12" an arc
distance of 32.18 feet, thence South 15°40 '00" West, 173.70 feet to th~
beginning of a tangent 580.00 foot radius curv~ 'concave Easterly; 'thence
Southerly along' said curve through a central angle Qf 31°12'10" all arc
distance of 315.86 feet to a point of 1;'everse curvature JIllth a 370.00 foot'
radius curve concave Westerly; thence Southerly along said curve thrQugh' a
central angle of 65°21 '10" an arc distance of 422.03 feet; thence ,SOuth
49°49 '00" West, 67.00 feet to the beginning of a tangent 330 •. 00 foot radius
curve concave Easterly; thence Southerly along said curve through a centi,al,·
angle of 53°01 '16" an arc distance of 305.38 feet to a point of reverse
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ORDER NO. 864815-14
PAGE NO. 6 • •
curvature with a 25.00 foot radius curve concave Northwasterly; thence
South.wast~rly along said curve through a central angle of 90°12 '37" an 'arc'
distance of 39.36 feet to a Point of Cusp with a 558.00 foot' radius curve·
concave Northerly, said 558.00 foot radius curve being the Northerly right
of Wly of said Alicante Road, a radial line to said point bears South
2 °59 '39" East; thence Easterly along said curve through a central angle of
1.1 °56'00" an arc distance of 116. 22 fe~t to the TRUE POINT OF BEG;rNNING'.
Reference is made to said instrument for fux:ther par,ticulars.
14. An easement for public road purposes and incidental purposes in favor of the
City of Ca·rlsbad, recorded July 14, 1977 as File No. 77-281160 .Qf Official
Records, describeq as follows:
An easement: for road Wly purposes over, under, along and across tl;lat port;:ion
. of the South Half of Section 25, TOWlShip 12 South,' Rarige 4 West·, San
Bernardino Base and Meridian, and that portion of the North Half bfSection
16, TOWlShip 12 South, Ran,se 4 West, San Bernardino Base and Meridian) ,in
. the City of Car.lsbad, County of San Diego, State of California, de~cribed as
folIo ws:
Commencing at the most Northerly corner of map of Reversion to Acreage of'
Carlsbad Tract No. 72-55, according to Map thereof No. 8266, on fne in the"
Of·fice of the County Recorder of said County; thence along the boundary' of
'said Map South 64°56'32" East, 257.21 feet to the TRUE POINT OFB.I!:G:tNNING'
and a· point in the arc of a 370.00 foot radius curve concave' No~i:hwasterly,'
a ra,dial line to said point bears North 89°49'35" East; thence leaving sa:f,.d
boundary along said curve Southeasterly, Southerly and Southl1lesterly through
a central angle of 47°12'10" a distance of 304.82 feet, thence tangept'to
said curve South 49°49'00" West, 67.00 feet to the beginning of a t'angent·
. 330.00 foot radius curve concave Southeasterly; thence Southwasterly a10Ii~
tl1:e arc of said curve through a central angle of 53°01 '16", a distance' of
305.38 feet to a point of reverse curvature wLth a 25.00 foot r~dius curve"
concave Northwasterly, a radial line to said point from said, 330 .• 00 foot
radius curve bears South 86°47'44" West; thence Southwasterly along the arc
of said 25.00 foot radius curve throu~h a central angle -of 90°12'37'; a
distance of 39.26 feet to a Point of Cusp wLth a 558.00 foot radius curve:
concave Northerly, a radial line to said point from said 558.00 foot .radius
curve bears South 02°59'39" East; thence Easterly and Northeasterly along
the arc of said 558.00 foot radius curve through a c·eIl.t:ral' at161e of
11 °56'00" ~ distance -or-116.22 feet to a Point of Cusp wLth a 25-.00 foot
radius cur.ve concave Northeasterly, a radial line to said point from :said
25.00 foot radius curve bears South 14°55'39" East; thence North ~sterly
along the arc of said 25.00 foot radius curve through a central angie of." >
104~19'23" a distance oJ; 45.52 feet to a poin,t of compound curvature with a '
270.00 . foot radius curve concave Southeasterly, thence Northwasterly,
Northerly and Northeasterly along the arc of said curve through a central'
angle of 50°25'16" a distance of 237.60 feet; thence tangent to said cU,rve,
Nprth 49°49 '00" East, 67.00 feet to the beginning of a' tangent 430.00 .foot-
radius curve concave Northl1lesterly; thence Northeasterly and Northerly along
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ORDER NO. 864815-14
PAGE NO.' 7 • •
the arc of said ·curve through a central angle of 46°16'37" a distance of'
347.31 feet to an intersection wlth. the boundary of said ~p ·No. 8266,' a:
radial line to said intersection. bears South 86°21" 3.1" 'Wes't; thence'aJ,.9Dg
the boundary of said Map North 64°56'32" West, (;5.33 feet to ·the TR1)E PoINT
OF ,BEGINNING.
Reference is made to said instrument for further particular~,.
l~. Ali Agreement regarding Public Facilities Fees» dated June Z5., 1981, .upon tl1e
terms, covenants, and conditions contained therein.
EXECUTED BY AN'D tiE TWEEN: LA COSTA LAND C(MPANY/DAON CORPORATION and TUE
CI~Y OF CARLSBAD, a municipal corp9ration. ,
RECORDED: September 8, 1981 as File No. 81-:286839 of Official Records ~
16. An Agreement re~arding soil disposal easement, dated February '28, ,1983,' upoxi
the' terms, covenants, ~nd conditions contained therein. '. . '
EXEC,UTED BY AND BE'IWEEN: DAON CORPORATION, a Dela'Wlre corpor.ft;ion and.
ALICANTE HILLS JOINT VENTLRE, a California general partnership' .
RECORDED: February 28, 1983 as File No. 83-063015 of Official Records,
17.' An easement for right of Wly to erect, constr\lct,reconstruct, replace,
repair, maintain and use a pipeline or pipelines and· incidental purposes.in
favor of CARLSHAD MUNICIPAL'WATER DISTKICT, recorded November 10; 1975,as
Fi~e No. 75-314413 of Official Records, located wl thi'na portio'n of the
South~sterly Quarter of Section 25, TOw:lship 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,' County of .6 an Diego
State of California.
18. A Deed of Trust to secure an indebtedness in the original principa~ sum of
$400,000.00, recorded September 30, 1983 as File No. ,83-351527 of Official
Records.
DATED: September 17, 1983
TRUSTeR: HUGH L. HEARNE, JR.
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a Califor~ia
corporation
BENEFICIARY: DAON CORPORATION, a DelaWlre corporation
The beneficial interest under said Deed of Trust WiS assigned to TI:lE
TRUSTEES OF CENTRAL STATBS, SOUTHEAST AND SOUTHWEST AREAS fENSION FUND by
assignment. recorded September 30, 1983 as File No. 83-351528 of Official
Records.
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. .' ORDER NO. 864815-14
PAGE NO. 8 ••
1983-84 TAX INFORMATION:
CODE AREA:
PARCEL NO.;
1ST INSTALLa.'1ENT:
2ND INS TALL1ENT:
LAND VALUE:
lM.FROV&"1ENTS:
EXrNPT:
Disk No. C-762
09062
215-480-13
$7,020.51 PAID
$7,020.51 NOT PAID
$1,450,000.00
$-0-
$-0-
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• ,{ ," .-.... ~ -LEGAL 'DESCRIPTIO. • ORDER NO. 864815-14
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The land referred to herein is si tua ted in the State of Cal:t.forni~ Cou.ntyc;t:
San Diego, and is described as follow;:
A, parcel of land being a portion of Parcel 4 of Parcel Map 11722 in the City of
Carlsbad, County of San Diego, State of 'California, on file in the Office 'of th~
County Recorder for San Diego County, State of Califo·rnia', c:1escribed' as folio.is:
Begi.nning at the most Easterly corner of said Parcel 4; thence, 'alo.ng tlie
. Southeasterly boundary line of' said Parcel' 4 the following' courses: 'So",th
59°38 '40" West 668,.10 feet to the beginning of a tangent 600 ,foot radius c\l17ve
concave Northerly; thence Westerly along the arc of said curve through ~ central
angle of 21 °37 '02" 'a distance of 226.37 f,eet, thence, leaving'said. boun,c:1a·rY line
and said curve North 8°44'18" West 35.44 feet to Ule 1;>~ginn'ing of atangertt300
foot' rac:1ius curve concave Easterly; thence,. Northerly along, the arc' of sa'i~
curve through a central angle of 40°13'08 a distance of, 210.59· feet; thenie,'
leaving said curve North 58°31'10" West 38.30 feet; thence, North 14°18''S1''."Wes,t
5 7.95 feet; thence, North 21 °52' 38" East 191.01· feet) thence South 6'8°.07 '.22'"
East 20.41 feet; thence North 43 °35' 16" East 151.93 feet.; thence, ~'rth
86°2.7'42" East 72..56 feet; thence, South 80°30'15" East 30.00' feet to' a, point,' oli .
. th,e arc of a 400 fQot radius curve concave Westerly to ~:lcli a rad{al· line ~aJ:'s
South 80°30' 15" East; thence, Northerly along ·the arc' of said curve thrQ",g'h a.'
central angle' of 7°39'41" a dist;ance of 53.49 feet, thence, leaving 'said curVe
Soutb. 64°56'3'2" East 549.88 feet to the Point of Be6inning.. .
sw/bp
• f a3 e. I e--\ ~,~ LEGAL DESCRIPTION
ORDER NO. B6481S-l4
EXHIBIT "All W~;pliC(rl '-b·~tltrhr;-: jJ;flt~ JlcI;i;~/s P(?{~'l';7eJ on, ' .. '
A parcel of land 'being a portion of Parcel 4 of Parcel Map No. 11722, in the ~.
City of Carlsbad, County of San Diego, State of California, on file in the
Off ice of the County Recorder of San Diego County, State of Ci lifornia', de-
scribed as follows:
Beginning at the most Easterly corner of paid Parcel 4; thence, along the
Southeas'terly boundary line of said Parcel 4 the following courses: South,
59°38' 40" West 668.10 feet to the beginning of a tangent 690 foot 'radius'
curve concave Northerly; thence Westerly along the arc of said curve through
a'central angle'of 21°37'02" a distance of 226.37 feet; thence, leaving said
boundary line and sa id curve North 8 °44' 18" West 35.44 feet to the beginning'
of a tangent 300 foot radius curve concave Easterly; thence, Nor'therly along
the arc of said curve through a central angle of 40°13'08" a distance of " .
,210.59 f,eet; thence, leaving said curve North 58°31' 10" West 38.30 feet;
thence, North 14°18' 51" West 57.95 feet; thence, North 21°52'38" Eas't 191.01
feet; thence South 68°07'22" East 20.41 feet; thence North 43°35'16" Ea~t',
151. 93 feet; thence, North 86°27' 42" East 72.56 feet; thenc.e, South 80°30"
15" East 30.00 feet to a point on the arc of a 400 'foot; radius ,c-urve can"
cave Westerly to which a radial line bears South 80°30'15" East; thence,
Northerly along the arc of said curve through a central angle o'f 7°l9'41"
a distance of 53.49 feet; thence, leaving said curve South 64°56'32" East
549.88 feet to the POINT OF BEGINNING. ' ---,
RESERVING THEREFROM, all minerals~e'ral' rights, oil,
oil rights, natural gas, natural gas rights, petroleum, petr~leum
rights, other hydrocarbon substances, geothermal stearn, all
underground water, and all products derived from any of the
foregoing, in or under or which may"be produced from the property
which underlies a plane parallel to and 500 feet below the -
~resent surface of the property ~ogether with:the peipetual r{ght
of drilling " mining, exploring and operating t,here'for and storing
in and r~moving the same from the Property or any other land,
,including the right 'to whipstock or directionally drill and ~ine,'
from lands other than the property~ oil, water, or gas w~lls, ~
tunnels and shafts.into, through or across the subsurface of the '
Property, and to bottom such whipstocked or directionally drilied
wells, tunnels, and shafts under and beneath or beyond the
exterior limits thereof, and to redrill, retunnel, equip,
_ maintain, repair, deepen, and operate any such ~ells or mines,
without, however, the right to drill, 'mine, sto~e, explore, and
operat~ through the surface or the upper five hundred (500) feet
'of the subsurface, of the .property.
FURTHER RESERVING THEREFROM, a non-excl'usive easement-
in-gross ten feet (10') in width along the perimeter of the
Property, together with the exclusive right to emplace under the
Property (and not otherwise)"underground transmission linea.
cables, conduits, manholes, markers 'and other facilites fora
community antenna television. system and necessary fix~ures and
appurtenances, and the right to enter thereon to service,
maintain, repair, reconstruct, improve and replace such
facilities; provided, however, that the exercise of'such righ~s
does not unreasonably interfere with Grantee's reasonable use 'and
'enjoyment of the Property, and further reser~ing a non~exclusive
easement for the foregoing purposes ten feet in width across the
property in such location as B~yer may approve in writing. such
approval not to be unreasonably withheld.
FUR7'HER RESERVING 'THEREFROM, a non-exclusive ~asemeilt
in-gross ten (10) feet wide around the perimeter of the property
(exclusive of dedicated streets and rights-of-way) togethe~ with
the exclusive right to emplace under the real pr·opertysubject t'o
such easement, underground transmission lines, cables, conduits,
manholes, markers and other facilites for a community antenna
television system and necessary fixtures and appurtenances, and
the right to enter thereon. to service, maintain, repair, ,
reconstruct, improve and replace such facilities; provided"
however, that the exercise of such rights does not unreasonably
interfere with Grantee's reasonable use and enjoyment of the ~eal '~
property herein conveyed.
Buyer reserves to i,tself and its successors and assigns
the right to use the land contained within the above-described
easements for such uses as Buyer, its' successors and assigns,
shall determine fr~m time to time, including without limitation
in ress and egress, paving, landscaping and other improvements. " .
,
EXHIBIT "A"
Legal Description
•
Of Proposed Parcel With Lotline Adjusted
A parcel'of land being a portion of Parcel 4 of P.M. 11722 and a portion of
Parcel 4 of P.M. 13158 both on file in the Office of County Rec'order of San
Diego County, State of California.
-.--~...::'-~ -, -.-_ v .!"'-' ....... ,..."':""'"""::.".-:~-: ~_,-~ ._",_. "'~"'~_A~
, -----CITY OF CARl()AD \ ,
'>-/
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438·5551
.f: . , .",
REemED F:; . ki\:O s tl ScC4TE 3/1 I B ~ "
, .
, . ~L.\\C "
ADDRESS
A/C. NO. DESCRIPTION AMOUNT
.,'
D\-fP-bf' '\e.~\-Q.\.,-ue t-\c,--r:) " Icco -
( , ') ~ \ c:: 'S"~ \,--\.~'S.
':~\-8~ ~E IA-/00 -~~
-
. o,-6f~D( \--" Q ~ b ,~a.rN\ed \).Q LJ dec ~
~~6789~ ~
I:~:> , r,~~:1. , "\ /' {' .~ ,.~:
(3 ~ ~'. ~ ,"',,~\ -
.~ :#.~~. U; ~H.>.t:5;S .... , ,
; \~ ~ '''-/.1Y<J:: ...... , VI
~""'-' ;S>' .... \~ t;;; ~'= ,.~j, ~:i)::\. ",.fJ"
\'0: "-<;)"~. ~ oS?.,..~ , -rl.\,"t f;)1J
..
, .
~ .. c.c,,,!~ ---37217 .1""" TOTAL 13ro '.
.. --~ . .. . -" .. --. . ~ .
r--------------------------~---
.~ ......... • •
SPYGLASS POINTE
PLANNED UNIT DEVELOPMENT
TENTATIVE MAP
DESCRIPTION AND JUSTIFICATION
The Spyglass Pointe condo project consists of a Planned Unit
Development, and Tentative Map and is located on the east anq
west sides of Altiva Place to the north of Alicante Road. The
area proposed for development is 5.9 acres. The property is
zoned Residential Density -Multiple Zone (RDM). The Genera.l
plan Designation is Residential Medium to High Density 10-20
units per acre and is intended for low rise condominium
developments.
The proposed 5 lot Tentative Map and Site Plan are for 105
airspace condominiums. The units are located in four builoJ;ng
types, units A-D. Most buildings have 2 units each. Buildings
that traverse longer sloped areas have 3 units. The unit t:¥pe
statistics are:
TYPE NO. OF D. U. 's NO. OF BD SF/UNIT TOTAL SF
A 7 1 b 750 5,2!;i0
B 36 1 b 800 28,800
C 53 2 b 1,000 53,000
D 9 2 b 1,487 13,383
TOTALS 105 100,433
All units include either a private patio or balcony of 78-619 $q.
ft. (Unit A-224'; Unit B-78'; Units C-84': Unit D-6l9').
Building site coverage is 17% and the open space area covers 53%
of the site. Parking, drive and walkways make up 30% -of the
site.
The site design concept has been tailored for the existing slopes
and pads. The architectural design is a Mediterranean theme, ~
with the concept carried through to the actual building layout
cascading down the slopes. Pavement textures are varied to
create interest and each small buildIng cluster has its own
privatd courtyard. The theme has been carried through into the
landscape plant palette, which features low mainte.ance,
mediterranean style plantings.
Site views were emphasized strongly in the building layout and
elevation design. The eastern end of the site has views that
extend across the golf course to the ocean, providin~ nearly
every unit with a golf course view. ~
-1-
--..
!
.----------------------------~~------
SPYGLASS
PAGE 2
•
DESCRIPTION & JUSTIFICATION
The site itself has been previously graded with 9 large pads.
The proposed buildings are designed to incorporate the sl.ope bf
the site within the structure in order to maximize the amount of
flat usable open space. A landscaped entry statement at the
intersection of Altiva Place, and Alicante Road, in addition t~o
pavement textures across Altiva Place will serve to unify and
define the project.
The end of Altiva Place (not a part of this project) includes 4
estate lots, a park access easement and a large parcel to the
west. A 200' SDG&E easement runs along the northern porder of
the site and a water district easement is adjacent to the western
boundary. The surrounding zoning and general plan designations
are compatible with the proposed development and are listed
below.
DIRECTION ZONE GP LAND USE
To the north P-C + R-I-IO RMH + RL Residential +
vacant
To the east P-C RL Residential
To the south RDM RMH Vacant
To the west RDM RMH Condominium
The recreation area includes a primary area with a pool, spa, and
deck; recreational building with sauna, kitchen facilities, game
and meeting rooms, and two secondary areas with spa's and
barbecues. The buildings also include individual courtyards
within the small building clusters.
Major access to the project is provided by Altiva Place, an
existing public roadway. A driveway off Alicante to the easter·n
edge of the property provides access to the upper residential
cluster. There are two driveways off Altiva Place to the west
accessing the two building clusters and three driveways of the
eastern side of Altiva Place. All existing publ~c streets are
fully improved on this project and no new streets are proposed.
All interior drives are private and most have direct access to
their particular cluster. A parking plan is provid~d to show
relationship of individual units to the required covered and
uncovered parking. Covered spaces exceed the amount required by
the City of Carlsbad.
-2 -
'""', .
SPYGLASS
PAGE 3
•
DESCRIPTION & JUSTIFICATION
•
Trash containers are located in convenient but non~obtrusive
spaces for each cluster and will be enclosed by decorative
screening.
The City of Carlsbad recently amended the Land Use Element of the
General Plan and zoning on this property from Residential Low to
Medium Density' and R-l-lO,OOO. The applicant plans to review
this submittal with the La Costa Village Homeowners Association
for their concerns and comments at their regular meeting on
March 15.
The 'applicants have' attempted to develop a first class project
for the area and have taken into account the physical site
constraints, surrounding development character and views,.
The project conforms or exceeds all the requirements, standards
and guidelines set forth in the Planned Development Ordinance as
well as the Design Guidelines adopted by the City of Carlsbad.
Since the proposed Planned Unit Development and Tentative Map are
in conformance with the General Plan Designation, Zoning
Ordinance and Design Guidelines, your favorable consideration is
requested.
-3-
II. GENERAL REQUIREMENTS ~~il A. Site Plan: Shall include th~ following information:
Name and address of applicant, engineer and/or
architect, etc.
All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas an4 points of ~ngress and egress
off-street parking and loading areas showing
location, number and typical dimension of spaces,
and whee:! stops ..
distal1ces be,tween build~ngs and/or
bu'ilding setbacks (front, rear and
location, h~ight, and materials of
locati,on of freestanding signs
structures
sides)
walls and fences
all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond ~limits of subject sit~.
\~ existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and acro'ss
the street p~operties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus «istarices from subject site.
location of all buildings \Olithin 100 feet of subject
p-roperties.
a vicinity map showing major cross streets
a summary table indicating the following
information:
site acreage
existing zone and land use
proposed land use
.total building coverage
building sq. footage
percent landscaping
number of parking spaces
'e.
sq. footage of open/tetreational
space (if applicable)
cubic footage of storage space
(i f apI'1 icable ) .
B.
c.
D.
Prelimjnary Grading and Drainage Plan* (24"x36")
_ existing and rn;oposedcontours ort the site and within
100 f.eet ·of the boundaries of th~ site.
elevations of the site ' existin~ on-site trees; those to be removed and those
to be saved •.
Preliminary,r.an9scap,e and Irrigation Plan'#; (2'4"x36")'
--iocation of' pl-cil1ting area~ and typical plant ma~erials
(quantity and size)
iocation of areas to bq irriga~ed
Building Elevatlons and Floor Plans* (24"xJ6K )
floor plans-with square footages included
lo~ation Bn~ ~ize of stora~e areas all buildings, struct:ures, ,walls a'ha/or f~nces,' signs
and exterior lights.
".. ~
y
/.
One (1) bopy of colored site plan (24"x36")
One (1) copy of colored elevations (24"x36")
One (1) copy each of 8 1/2"x11" site plan and elevations.
One (1) copy of' 8 1/2"xl1" location map (suggested scale
1:Z00" -vicinity maps on the site plan are not acceptable)
Environlnental Impact Assessment f.o'orm ($100)
Public' Facility Agreement: 2 copies: One ('1) notorized
original, One (1) reproduced copy.
Disclosure Statement
Photostatic copy of deed with complete legal description of
subject property or oth'er form of description acceptable to
the Land Use Planning Manager.
Property Owners' List and Addressed Stamped.'E~velo~~
(Not needed for Site !Development Plan,' Specl.al Use Permit
and Minor Condominium Permit) 1). a typewritten, ,list of the
I)ames and addresses of all property owners and occupants
within a 300 foot radius of subject property. The list
shall include the San Diego County Assessor's parcel number
from the latest assessment rolls. 2) Two separate sets of
legal size, addressed stamped envelopes (four' _seOts for -
condominium c..onversio_ns) of the property owners and 0
occupants within a JOO-foot radius of subject property. For
any address other than single family residence, apartment or
suite number must be included. DO NOT TYPE ASSESSOR'S
PARCgL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS
BLANK. 3) For Condominium Conversions, two separate sets of
addressed, stamped envelopes of all existing tenants is
required.
300 Foot Radius Map
(Not needed for Site Development Plan, Special Use Permit
and Minor Condominium Permit). A map to scale not less than
1" = 200' showing each lot within 300 feet of the exterior
boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the pro-
perty owner's list. The scale of the map may be reduced to
a scale acceptable to the Land Use Planning Manager if the
required scale is impractic~l.
For residential proj.ects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicat~ land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
. District and. the San ~1arco Unified School District, the
applicant shall submit written confirmati9n that school
facilities will be available and serve the project at time
of need.
preliminarv Title Report
Proof of s~wer ~vailability if 'located in tbe Leucadia
C9unty Water District.
Statement of rigreement to waive tentative tract map time
limits. '
*NOTE: ALL EXHIBITS MUST BE' FOLDED IN A SIZE NOT TO EXCEED
8 1/2"xl1". JV'oL Cj
~ .....
-,2 -
I.
--
FILING REQUIREMENTS
SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application 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 Amend~ent $200.00 + $5.00 per lot or
acre. Zone Change: $500.00
Master Plan/Specific Plan/PreciseDevelopment Plan 1. Application Form
2. General Requirement Items:
-thirteen (13) copies of items A-D
-iteas 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. Thirteen (13) copies of the Tentative Tract Map
3. General Requirement Items
thirteen (13) 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. Gene"ral Requirement Items:
thirteen (13) copies of items A-D
iteas E-Q
3. Conversion to Condominiums -list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
4. Fee: $200.00
$5.00 per unit for notification of tenants
NOTE: Tentative Tract Map Required
",
-1-
-"--"------"
~lil!.QL.~!~n.nJ"tlJ~'~'!.':!.!..'!r.~~t! . .EE les_s units) 1 • I\pp1 i .~a t 1,>1\ For.;.
·.2. General Re'luir'!;a('nt Items:
thr,~e (3.) cl'pics ,?'C items 11-0
itellls !(, I., 0, P, Q
3. Conversion to C(\ndo~dn i IIms -1 ist of names anl! addresst":s of
all tenants of the nnits to be converted to condominiums.
4. Fce: $50.00 + $1.00 per unit
'-OTE: Tentative par~el Map Required
Site!:!~~optn~!l~lan
1. Appllcatlon Form
2. General Requirement Items
thirteen (13) copies of items A-O
items ~-L, 0, P, 0
3. Fee: $350.00
Conditional Use Permit/Special Use Permit ~ppITcat lon Form
2. General Requirement Items:
thirteen (13) copies of items A-O
items E-O (items M.N , 0 not required for Special Use
Perllit)
3. Fee: $400.00
Variance
1. Application Form
2. General Requirement Items:
thirteen (13) copies of item A
items E, G, H, J-N, I if applicable. and P
(see Title 19. Environment)
3. Variance Supplemental Sheet
4. Fee: Single Family & $100.00
Other • $250.00
Planning Commission Determination 1. Appllcatlon Form
2. One page state!Kent precisely indicating the deterlllination request.
3. General Reyuirement Items:
thirteen (13) copies of items A and 0
iteJls 11, K, and L
4. Fee: $25.00
Adainistrative Variance
1. Applic~tl<)n-Form--
2. General Requir~~ent Items:
(3) ~opies of ite.s A ~ 0, if applicable
-.itellls G. H. J-N, &fid P
3. Fee: $100.00.
~~L.and Min_'1L.g!!df!.vcloPfficnt Permits 1. Applicatlor. ~'or!ll
2. General Rcquirellent Jtems:
thirteen (13) copies of IteM A-O
iteMS (~Iilior) E-N, P, R (if applicable) material saMples.
iteMS (Hinor) E-H, J-N, p. material samples
3. Fee. (Not establiShed except where other permit is necl!ssary) •
ov~l"<-
0'
()
STATEMENT OF AGREEr~NT
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 mapi i.e.,
Environmental Assessment, En.vironmental 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 acc~pted
as complete ,to properly review all of the applications.
LESLIE ANNE HALTERMAN
Name (Print)
FORM: PLANNING 37, REVISED 3/80
FEBRUARY 22, 1984
Date
I
APPLICANTS REPRESENTATIVE
Relationship to Applicat-ion
(Property Owner-Agent)
:f-": ~~ ~; " (
, H E C () H J) I N (~ E r: C) lJ EST g J) Tl Y • J) )
HHEN RECOKD1W MAIL '1'0: )
)
CITY OF CARLSnAn )
1200 Elm Avenue )
,Carlsbad, ~alifornia 92008 )
Space above this line f~r Recorder's us~
Documentary transfer tax: $ No fee
Signatur~ 0-[ dGclarant ,determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
r THIS AGREEMENT is entered into this L-day of
(name of developer-owner)
a . iiI !/''''h-A " ' , hereinafter referred to as
.C 0 r p 0 r ,a t ion, par t n e r s hip, etc.
"Developer" whose address ~s
(street)
and THE CITY OF
(City, s,tate, zip c&de)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WIT N E SSE T H:
WHEREAS, Developer is the owner of the real property described
on Exh,ibit "A:, attache'd hereto and made a part of this agreement,
her'einnfter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS: Developer proposes a development project as ~ollows:
RF.V II -2 -8 2
I.
on s.1id P,ropc!ct'J,
( .
\"h 1. C lee v (! 1 0 pmt' n t ('.arr~ef,
(
till! peosed n a Jl1t! 0 [
and ~s hereafter referred to as "Development"~ and
.sf"" .
vlHEREAS, Developer filed on the /-=--day of ~rc.t1
1 9 ~, wit 11 the .c i t y are que s t for ~:z.....o/1~".:....;;.E'.","</~ __ ;;''-''l-/.C1.A~>;...r~_-, ______ _
!2et£/IOo?Pt11-41'\-,/1 Z;//Aht~ ~~ ,fir /~S-~ ; '~~--~~7~~--~~~--~~~-----------
, --=a~"/:..J/~'~~".'A:....· t?e.?-'-(_<?-:::-__ ~(;..!::'0...e'/oaU(21 vms' C-/ 2/ u('·/~..>
hereinafter referred to as "Request"; and
WHE.RgAS, the Public Facilities Element uf the City General Plan
I
requires that the City Council find tha~ all public facilities
necessary to serve a development will be available concurre~t with
need or f:llch development shall not be approved (said element is on
file with the City Clerk and is incorporated b~ this reference); and
-
WH ERE A S,-De v e 1. 0 per and Cit y r e cog n i z e the cor r e c t n e s s. 0 f Co un c i I
Policy No. 17, dated April 2, 1982, in filE:! with the City Clerk and
incorporated by this reference, and that the Cit~'s public facilitieS
and Bervi~es are at capaci~y' and will not be available to accommodate
the addit{onal need for public facilities and services resulting ~rom
the proposed Development; ~nd
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 propnse«; but the.Develo~er is
aware that the City cannot and will not be able to make any such
finding witl10Ut financial assistance to pay for such services and
facilities; a~d 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 4-2-8?
)..
( (
NO hi, TilE R I: F 0 I~ E, i 1. n L;l d c.: T :l t i 0 11 0 f t 11 ere (' i. and l h [:
cov(,!n~lntG contained herein, the partjcs ngree ns follows:
1. The Devaloper shall pay·to thc.·City a public facilities fee
in an amount not to exceed 2% of the buildin~ permit valuatiDn of·tbe
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 a~d shall
be based on the valuation at that time. This fee shall be ~n
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 0 f existing building or structures
into cendominiums in an amount not to exceed 2% of the building
permit· v~luation at the time of conversion. The fee. for a
condominium ·conversion shall ~e paid prior to the issu~nce of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
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 ~ay to City a public
facilities fee in the sum of $1,150 for each mobilehom~ space to be
constructed pursuant to the Request. The fee shpll be paid prior to
the issuance of building or other construction p~rmits for th~
development. This fee shall be in addition to any fees, dedications
'or improvements required according to Titles 18, 20 o~ 21· of the
Carlsbad Municipal Corle.
-3-
REV 1+-2-82 3
2. Tlte n,~v<:!lopt~r may offer to .donate a site or sites for public
( .' • (-•
facili~ies 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
obligat~d to accept the offer. The time for donation and amount of
credit against thi 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 DeveloPQent 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
develop~ent will not be consistent with the General Plan and any
appr~val pr 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 ~s paid.
4. City agrees to deposit the fees paid'pursuant to this
agreement in a public facilities fund for the financing o~ public
fa c iIi tie s w hen the. Cit y Co u n c i Ide t e r min est he ,n e e d ex i s t s to
provide the facilities and sufficient funds from the payment of t.his
and s i mil a r pub I i c, f a c iii tie s fee s are 'a v a i.1 a b Ie.
5. City agrees to provide upon request reasonabl~ 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-
6.
-.(
/\ 1 1 () b 1 ii', /I t i ( Ill: r l' 1111 d c r sh n 1. J
("
t: ermi 11<"\ t. n tilt' 'I~V~:-.t "
Requests made by Developer are not approved.
7. Any notice from one party to th~'other shall be in writin~,
and shall 'be dated and signed by the party giving su'ch notice or by' a
duly authorized representative of s~ch party. Any such notice shall
not be effective for any purpose whatsoever unless seived in one of
the following manners:
7.1 If notice 1S glvcn to the City of per~onal delivery
thereof to the City or by depositing'same in the United Rtates Mail~
addressed to the City at the address s~t forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the Ci~y
Manager, postage prepaid and certified.
7'.2 If notice 1S given to Developer by personal delivety
thereof to Developer or by depqsiting the same in the U~ited States
Mail, enclosed 1n a sealed envelope, addressed to Developer at th~
address a~ may have been designated, postag~ 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 ass1gns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respectiv~
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 sh~ll terminate;
provided" however, that any successor of Developer's interest in the,
property shall have first assumed in writing the neveloper's
ob~igations 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 shal,l r~cord u release.
-5-
REV 4-2-82 5
I'!'!""'-------------------------,-------------------
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California ·as .of the clute first written above.
EVELOPER-o\-JNER:
., l.:ri· I'drt e . !-/ I-~ I I,. c· /
(Titl~) --------------
ATTEST:
ALtTHA L. RAUTENKRANZ, City Cle~k
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the
State of Califor~ia
BY ---, City Hanager
(Not~rial acknowledgement of execution by DEVELOPER-OWNEl must be
attached. )
-6-
REV 4-2-82
..
IN WITNESS WHEREOF, this agreement 15 executed 1n San Diego
County, California·as.of the '~ate first written above.
, ,
PUBLIC FACILITIES AGREEMENT ~QUIREMENTS
COUNTY OF range )
J
STATE OF CALIFORNIA 0 ) 55.
. On March 2, 1984 . before me. the undersigned. a Notary Public in and for
said State. personally appeared __ *_*_*-"J,-"am=e:::s,,---!H~.!....-S=c:::.o.:::t.:::t--=a=n:.=d:........:::H:..::u~gl.!h:.....:L~.~H::::e:::a::.rn~:::e-=:::J-=r...!._*_* __
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person that executed the
within instrument as two of the partners
partner(s). on behalf of Al ti va Place LTS. No. 1
_____ --------. the partnership
therein named and acknowledged to me that the partnership
J
executed it.
WITNESS m
Signature --.l"'-'IlI£~~-~!4...!~,g.!~~~--
ALETHA L. RAUTENKRANZ, City Cle~k
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
OFFICIAL SEAL
JANIS ROLDAN
NOTARY PUBLIC· CALIFORNIA
--PRINCIPAL OFFICE IN
ORANGE COUNTY
My commission EXPires December 20, 1985~
(This area for official notarial seal)
nicipa1
(Not~rial acknowledgement of execution by DEVELOPER-OWNER must be
attached. )
-6-
REV 4-2-82
.. 7
( . • EXHIBIT "A"·
LE~AL DESCRIPTION
;,
< -<e". ,,>, ..... , '" l.e.-i)u / LU /
". Loan No.
~.
REco~nEO REQUEST Of FI~T AMERICAN TIlLE •
WHEN RECORDED MAIL TO:
HUGH L. HEARNE, JR.
c/o James H. Scott
866 South Sierra Avenue
Solana Beach, CA·92075
Parcel No. 215-480-13
MAIL TAX STATEMENTS TO:
Same as above
•• I II,'
IJHll' lor SAN:.
1}83 SEP 30 PH .12: 4-a----r.c--____
1 _YEP'j\ L. L YL E. ~WNT Y HECOROER . t-'I'-' ........ ~~-.........
i. <" v.. ~.'t ~ _',_ .. ....;"
SPACE ABOVE THIS LINE FOR RECORDER'S USE' .
DOCUMENTARY TRANSF.ER TAX $, .. .55.0 ••• 00 ............................. .
:x.:x: ... Computed on the consideration or value of property convllyed; OR'
...... Computed on tha consideration or valua less liens or encumbrances
remaining at time of sale. . ,'.",'
4...4 Signatur
CORPORATION G·RANT DEED (Altiva Place)
FOR A VAl.UABLE CONSIDERATION, receipt of which is hereby acknowledged,
'DAON CORPORATION
.a. corporation organized under the laws of the State of i Delaware' ., does. hereby
GRANT to HUGH~. HEARNE, JR., a married man as his sole and separate property
I •
the real property in the City of Carlsbad
C.ounty of San Diego , State of California, described HX
on Exhibit A attached hereto and incorporated herein by reference
This Corporation Grant Deed is subject to all matters of record and.all
matters actually known to Grantee as of the date of recordation and the
covenants, ~onditions and restrictions contained on Exhibit B attached
hereto and incorporated herein by reference. )
Dated _--=S..:::eJ:.pt.:::e:::.m::.::b:...::e~r--=.22=-:-. ____ ' _1983
STATE OF cALIF~~I~nge COUNTY OF _
Iss.
-'----,)
ol'l-. __ S_e-,ptember 22, 1.:::,9.::8.:::.3 ___ -., before me,
the underslgned,a Notary Public In and for~ald State, personally appear·
ed Michael K. Ryan
W. A. Colton, III
Md '
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within Instrument as
Vi ce Pres i dent PpeeldeAt and
Vice President ~,' ......
on behalf of ___ .!:!D~a~o.'..!n~C~o:....rl!.po~r!...:a::::..t.:::..l.:;·O:::.:n~.!-____ _
the corporation therein named, and acknowledged to me that such cor-
poration executed the within Instrument pursuant to lIs by-laws or a
resolution of Its board of directors.
WITNESS mYhZ.?~d official se~.
Signature Ll2tAa.d. &c(fJg;yJ .. ~f L TAX ,STATEMENTS AS
DAON CORPORATION,
a Delaware corporation
By
(This area for official notarlals8al)
DIRECTED ABOVE
SellFetap.y
('l.'it.le·
1144 (6/82)
t
I
,.., . . ,.
O~derNo.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
1Ctmes If. 5<: 0 tf
•
166 5. 5/erl"a ave
So!tJJ1t( bdcl, r;;
? 20 7$"
•
SPACE ABOVE THIS 'LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
51trJ7e tl.5 q!~11 e
DOCUMENTARY TRANSFER TAX $ _____ ~_--_
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
COMPUTED ON FU LL VALuE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
Signature of Declarant or Agent determining tax -Firm Name
9UITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I, Hugh L Hearne Jr.,
do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Altiva Place Ltd. #1
the real property in the City of Carlsbad
County of San Diego , State of Cal ifornia, described as'
A parcel of land being a portion of Parcel 4 of Parcel Map No. 11722, in the
City of Carlsbad, County of San Diego, State of California, on file in the
Office of the County Recorder of San Diego County, State of California, de-
~cribed as follbwS:
Beginning at the most Easterly corner of said Parcel 4; thence, along the
Southeasterly boundary line of said Parcel 4 the following courses: South
59°38'40" West 668.10 feet to the beginning of a tangent 600 foot radius
curve concave Northerly; thence Westerly along the arc of said curve through
a central angle of 21°37'02" a distance of 226.37 feet; thence, leaving said
boundary line and said curve North 8°44'18" West 35.44 feet to the beginning
of a tangent 300 foot radius curve concave Easterly; thence, Northerly along
the arc of said curve through a central angle of 40°13'08". a distance of
210.59 feet; thence, leaving said curve North 58°31'10" West 38.30 feet;
thence, North 14°18' 51" West 57.95 feet; thence, North 21° 52' 38" East 191. 01
feet; thence South 68°07'22" East 20.41 feet; thence North 43°35'16" East
151. 93 feet; thence, Nort,h 86°27'42" East 72.56 feet; thence, South 80030'
IS" East 30.00 feet to a point on the arc of a 400 foot radius curye con~
cave Westerly to which a radial line bears South 80°30'15" East; thence,
Northerly along the arc of said curve through a central angle of 7°39'41"
a distance of 53.49 feet; thence, leaving said curve South 64°56'32" East
549.88 feet to the POINT OF BEGINNING.
STATE OF CALIFORNIA } SS.
COUN'I'Y OF LOS ANGELES
;' Onlhl~ the . .1.L day of September 19 83, before me,
r,; nda Cherpeck
, the undersigned Notary'Public. personally appeared
Hugh L. Hearne Jr.
o personally known'to me .
• ~, Illoved to me on ·the basis of satisfactory evidence Xx-'
to be the person whose name is subscribed to this Instrument, and
acknowledge that he (!lhe or they) executed It.
(Individual)
OFFletAL~EAL ,
,LfNDA CHfRPECK"
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY 'My comm. exjJires APR 15, 1987,
leal)
1085 (10/69)
/0,
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SAN DIEGO COUNTY ASSESSORS MAP'
Ea'-
~,
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MAP 8302-CARLSBAD TCT NO 75-4
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~AN DIEGO COUNTY MAP
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,
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