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HomeMy WebLinkAboutCT 84-23; MEADOWS; Tentative Map (CT)LAND US?PLUANNINI3 A P PLICATION DIScRETIORY ACTIN REQUEST 0 Zone Change 0 Specific Plan 0 General Plan Amendment 0 Site Development Plan Tentative Tract Map 1Conditional Use Permit )Major Planned Development tjVariance o Master Plan CI Planning Cainission Determination 0 Major Redevelopment Permit []Special Use Permit O Minor Redevelopment Permit (j Structure Relocation Precise Development Plan (check other boxes ifappropriate) citplete Description of Project (attach aiditional sheets if necessary) THE APPLICANT PROPOSES A 334 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT LOCATED ON 43.6 ACRES AT THE NORTHWESTERLY CORNER OF MELROSE AVENUE AND CORINTIA STREET. THE RESIDENTIAL DEVELOPMENT WILL CONSIST OF (230) SINGLE FAMILY DETACHED (ZERO LOT LINE) UNITS (104) APARTMENT UNITS AND (3) RECREATION LOTS. Legal Description (ccaT!plete) PARCEL NO. 2 OF PARCEL MAP NO. 10179 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO AND STATE OF CALIFORNIA. Assessors Parcel Number 22 —.c2/'.j3 Zone General Plan Existing Land Use RDM-Q RM 4-10 VACANT Proposed Zone Proposed General Plan Site Acreage SAME (DEVELOP SAME 43.6 ACRES UNDER PD AND RDI) XQ}er APPLICANT Al4.eaRt OWNER Name (Print or Type) Name (Print or Type) PATRICK DEVELOPMENT COMPANY AETNA CAPITAL CORPORATION THE GREENS ASSOCIATES Mailing Address Mailing Address 2643 FOURTH AVENUE 840 NEWPORT CENTER DRIVE C ity and State Zip Telephone City and State Zip Telephon SAN DIEGO, CA. 92103 (619) 231 3637 NEWPORT BEACH, CA. 92660(714) OWNERS REPRESENTATIVE LEGAL OWNER 720 1938 I CERTIFY THAT I AM THE -ER AND I CERTIFY THAT I AM THE THAT ALL THE ABOVE nolATIaJ IS 1JE AND ¶LHNr ALL THE ABOVE INFOR4ATICt IS IWJE ND CORRECT TO THE BEST OF .ff n4MMGE . AND (jppcq TO THE BEST OF MY IJLEDC. SIq 'PATURE DATE (:;~e jlt!~~ Si DATE )ate AWlicaticfl Rsc'd Tstdf 'AUIgnSd C /7f/J7J `11/ tfiL tar the informatiOr1Ou have submitted has been reiew.d, it. is determined that fu.ther informatiOeqUired, you will be so ac. APPLICANT: AETNA CAPITAL CORPORAT!ON Name (individual, partnership, joint venture, corporation, syndication) 40 Newport Center Drive, Newport Beach, CA 92660 AGENT: MEMBERS: Business Address -(714)720-1938 Telephone Number THE GREENS ASSOCIATES Name 2643 Fourth Avenue Business Address (619) 231-3637 Telephone Number Georcie_T._Krur 1 1306HiddenMountainDrive Name (individual, partner, joint Borne Address venture, corporation, syndication) 2643 Fourth Avenue, San Diego, CA 92103 Business Address 231-3637 Telephone Number Telephone Number William Patrick Kruer 975 Muirlands Drive, La Jolla Rome Address 2643 Fourth Avenue , San Diego, CA 92103 Business Address 231-3637 Talephon. Ntber Telephone Number Mathew R. Loonin 2705 Ocean Front Walk, San Diego, CA 92109 2643FourthAvenue,SanDiego,CA92103 Business Address 231-3637 Telephone (Attach more sheets if necessary) I/Te 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. A _________ ,cI) NACAPITAL __________________ App i1it By: THE GREENS ASS A I N TES, v , Agent BY _ Agert, tte, - George T. Kruer, Agent - S. S. STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement 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. • " Sig.ature Date 660erwc ,r 4cJS Name (Print Re bionship to Application (Property Owner-Agent) 1'flPM. PT.1MT?.3( 7 tTTC.fl 1/Q( •. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a• privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. ISSUING OFFICE: CALIFORNIA WORLD TITLE COMPANY 4542 PUFFER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 • PATRICK DEVELOPMERT • 2643 4TH AVENUE • SAN DIECO, CA 92103 Attention: MATT LOONIN Your No. 83-1003/PATRICK on'. Our No. 64473-05 AMENDED Dated as of . . . p..............19.84. at 7:30 AM. In response to the above referenced application for a policy of title insurance, CONTINENTAL LAND TITLE COMPANY 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 en- cumbrance not shown or referred to as an Exception in Schedule B 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 in the attached list. 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 HERETO) 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 COMMIT- MENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 0 2. American Land Title Association Owner's Policy Form B 0 3. American Land Title Association Residential Title Insurance Policy 0 4. American Land Title Association Loan Polic 0 ... Title Officer/I RALPH ARM ITA ( Issuing Policies of wyeiitIeJnsurancerpomt1on ' SCHEDULE A Order No.: 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: AETNA CAPITAL COMPANY, A CALIFORNIA CX)RPOKATION The land referred to in this report is situated in the State of California, County of and is described as follows: SAN DIEGO SEE ATTACHED LEGAL DESCRIPTION 1 CLTA PreIIcnky Nport Form 4b PARCEL At PARCEL 2 OF PARCEL MAP MO. 10179, I ThE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACOPDING TO MAP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1990, BEING A DIVISION OF PORTIONS OF SECTIONS 19, 29, 30 AND 31, TCMWSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN. PARTLY IN THE CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF, PARCEL B: S AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF THE NORTHWESTERLY 30 FEET OF PARCEL 4 Of SAID PARCEL MAP NO. 10179 SHOWN AS "60 FOOT RESERVED FOR FUTURE STREET", WHICH LIES SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2. SCHEDULE B Order No.: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: 1. GENERAL AND SPECIAL CITY AND COUNTY TAXES POP THE FISCAL YEAR s 1984-185 A LIEN PlOT YET PATARLE, 2, IRE LIEN OF SUPPLEMENTAL TAXES, IF ANT, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 01 THE STATE OF CAUFORW1A. 3, AN EASEMENT AFFECTING TUE PORTION OF SAID LAND AND FOR THE PflRPOSFS STATED HEREIN, AND IJCIDENTAL PflNPQSES IN FAVOR OF : THE SAN DISCO CONSOLIDATED GAS AND ELECTRIC COPPANT, A CORPORATION FOR 9 THE TRA?SMISSION OF ELECTRIC CURRENT FOR ALL PURPOSES FOR WHICH IT MAY HE USED RECORDED JULY 1, 1917 IN NnOK 722, PAGE 481 OF DEEDS AFFECTS A STRIP OF LAND TEN FEET IN VIDTS. THE CENTER LINE LW IMICH IS DESCRIBED AS POLLClS: fiECINN1NC AT A POINT WRICK IS NORTH NO DECREES 30 MINUTS WEST, DISTANT 712.1 FEET FROM THE CORNER OF SECTION 19.20, 29 & 30 TOWNSHIP 12 SOUTH, RANGE 3 WEST; THENCE SOUTH 34 DEGREES 07 MINUTES WEST, 1389.1 FEET; ALSO A STRIP OF LAND TWO FEET IN WIDTH, THE CENTER LINE Of WHICR IS DF.SCRIRED AS VDLL(S: COMYNCINC AT THE ENDING OF THE LAST AEOVE DESCRIBED STRIP OF LAND; THENCE SOUTH 34 DECREES 07 MINUTES WEST, 998 FEET; THENCE SOUTH NO DECREES 18 MINUTES EAST, 3325 feet, HEINC IN SECTIONS 19, 29, 4 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST. 4, AN EASEMENT AFFECTING THE PORTION Of SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES LW FAVOR OF : SAW DIEGO GAS AND ELECTRIC CX)MPAPIY FOR : POLES, WIRES AND ANCHORS RECORDED : FEBROARY 16, 1920 AS FILE/PACE NO. 4394 IN *cr 798, PACE 246 OF DEEDS AFFECTS : THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 2 FEET IN WIDTH, IN SECTIONS 19 AND 30 OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARD IWO MERIDIAN CLTA PreI}mtnOry Report Foim 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LA COSTA LAND COMPANY FOR z ROAD PURPOSES RECORDED : JULY II, 1980 AS PILE/PACE NO. 80-217365 AFFECTS : THE S(XJEHEASTERLT 30 FEET OF PARCEL A HEREIN DESCRLRED SHOWN ON SAID PARCEL MAP AS "60 rOOT RESERVED FOR FUTURE STREET" 6. AN EASEMENT OVER THAT PORTION OF SAID LAND INCLUDED WITHIN 926' PROPOSED HELROSE DRIVE" AS SHOWN ON PARCEL MAP 10179. 7, AN EASEMENT AFFECTING THE PORTION OF SAID lAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LA COSTA LAND CO. FOR : ROAD RECORDED : JULY 11, 1980 AS FILE/PAGE NO. 80-217365 AFFECTS : OVER, UNDER, ALONG AND ACROSS THE SOUTHEASTERLY 30 FEET OF SAID LAND, SHOWN ON SAID PARCEL MAP AS "60 FOOT RESERVED FOR FUTURE STREET" 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATE!) HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT FOR : DRAINAGE RECORDED : APRIL 16, 1981 AS FILE/PACE NO. 81-117295 AFFECTS : AS FOLL(MS: PARCEL NO. 81-0144-A (2-4-81) (SC:LT:Afi) THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP NO, 10179, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEl MAP NO. 10179 BEING FIlED IN THE OFFICE OF THE RECORDER OF SAID COUNTY JUNE 27, 180, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF SAID PARCEL 2 LYING WITHIN A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: C(1ENCINC AT THE MOST SOUTH?RL? CORNER OF SAID PARCEL 2, SAID POINT BEING ON THF ARC OF A 500.00 FOOT RADIUS CURVE CONCAVE NORTH'.ESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH. 32 0 38 1 11" EAST TO SAIDPOINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTPAL ANGLE OF 48'50 1 06" A DISTANCE OF 426.17 FEET: THENCE TANGENT TO SAID CURVE NORTH 0831'43" FAST, 65.28 FEET; TPENCE LEAVING SAID BOUNDARY NORTR 81 0 28 1 17: WEST, 30.00 FEET 01 THE TRUE POINT OF BEGINNING; THFJ4CE CONTINUING NORTH 8128 1 17" WEST, 25.00 FEET TO THE POINT OF TERII1NUS, PARCEL 2: THAT PORTION OF SAID PARCEL 2 OF PARCEL MAP NO, 10179 DESCRIBED AS FOLLOWS: C4MENC1NC Al THE MOST EASTERLY CORNFR OF SAID PARCEL 2 OF PAPCEL rAP NO. 10179; THENCE NORTH 35'25'44" WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEl. 2 01F PARCEL MAP NO, 1017 0 A DISTANCE OF 786,87 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 5434'16" WEST, 63.00 FEET; THENCE SOUTH 35 025 144" EAST, 19.17 FEET TO THE TRUE POINT OF INNING; THENCE CONTINUING SOUTH 35'25'44 EAST, 13.26 FEET; THENCE SOUTH 79'46 120" WEST, 29.82 FEET: THENCE NORTH 10' 13'40" WEST, 12.00 FEET; THENCE NORTH 79'46 120" EAST, 24e118 FEET TO THE TRUE POINT OF INKING. PARCEL 3: THAT PORTION Of SAID PARCEL 2 OF PARCEL MAP NO. 10179 LYING WITHIN A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE l.UflNG DESCRIBET) CENTERLINE: CMENCING AT THE HOST EASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 10179; THENCE NORTH 35'2544" WEST ALONG THE NORTHEAST.FRLY LINE OF SAID PARCEL 2 OF PARCEL NAP NO, 10179 A DISTANCE OF 384.52 FEET: THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 54 0 34'16" WEST, 63.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 54'34'16" WEST, 62.00 FEET TO THE POINT OF TERMINUS. PARCEL 41 THAT PORTION OF SAID PARCEL 2 OF PARCEL MAP NO. 10179 LYING WITHIN A 12.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EACH SIDE OF THE POLLcM1NC DESCRIBED CENTERLINE: COMMENCING AT THE HOST EASTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO, 10179; THENCE SOUTH 5434'16" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 OF PARCEL MAP NO. 1017 A DISTANCE OF 197.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 35 °25 1 44" WEST, 30.00 FEET TO TUE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 3525 1 44' WEST, 15,00 FEET TO THE POINT OF TERMLNUS, 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREiN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A IMUNICIPAL. CORPORATION FOR : STREET AND HiGHWAY PURPOSES RECORDED : APRIL 24, 1981 AS FILE/PACE NO, 91-126304 AFFECTS : AS FOLL(!S: C44ENCINC AT TRF HOST SOUTHEASTERLY CORNER OF PARCEL 7 0? SAID PARCEL NAP NO. 10179; THENCE SOUTH 54'34'16" WEST, 13.95 FEET; THENCE SOUTH 350 25'44" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE BEGINNING OF A NON—TANGENT 470.00 FOOT RADIUS CURVE (X)NCAVF SOtTfNF.ASTEPLT, A RADIAL LINE TO SAID POINT BEARS NORTH 35'25'44" WEST; THENCE SOUTESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE ft OF 4602'33" A DISTANCE OF 377.69 FEET: THENCE TANGENT TO SAIl) CURVE SOUTH 0831'43" WEST, 200.63 FEET TO THE 1EC1NNINC OF A TANGENT 530.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTLJESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5532 1 40' A DISTANCE OF 513.80 FEET TO A POINT, A RADIAL LINE TO SAID POINT REARS SOUTH 2555'37' EAST; THENCE LEAVING SAID CURVE AND ALONG SAID RADIAL LIVE NORTH 250 55 1 37" WEST, 60.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 670.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT REARS SOUTH 2555'37" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5532'40" A DISTANCE OF 455.63 FEET; THENCE TANGENT TO SAID CURVE NORTH 0831'43" EAST, 200.63 FEET TO THE BEGINNING OF A TANGENT 530.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALOPG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4602 1 33" A DISTANCE OF 425.90 FEET; THENCE TANGENT TO SAID CURVE NORTH 543016" EAST, 51,05 FEET TO THE RECINNLNG OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'010'00" A DISTANCE OF 39.27 FEET TO A POINT OF CUSP, A RADIAL LINE TO SAID MINT REARS NORTH 5434'16" EAST, THENCE LEAVING SAID CURVE SOUTH 35'2544" EAST, 110.00 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY. A RADIAL LINE TO SAID POINT BEARS NORTH 5434 1 16" LAST; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9000'00" A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 5434'16" WEST, 51.95 FEET TO THE TRUE POINT OF BEGINNING. 10. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JULY 8, 1983 RY AND BETWEEN : THE WOODWARD COMPANIES AND THE CITY OF CARLSBAD REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : SEPTEMBER 23, 1981 AS FILE/PAGE NO. 81-302951 11. AN AGREEMENT TO WHICH REFERENCE IS ITERERY MADE FOR FULL PARTICULARS DATED : JULY 27, 1981 BY AND BETWEEN : THE WOODWARD COMPANIES, AETNA CAPITAL CORPORATION AND THE CITY OF CARLSBAD REGARDING 2 PAYMENT OF A PUBLIC FACILITIES FEE RECORDED SEPTEMBER 25, 1981 AS Fill/PAGE MC, 81-305686 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PUNPOSES IN FAVOR OF : THE COUNTY OF SAN DIEGO FOR : COUNTY HIGHWAY RECORDED : APRIL 7, 1982 AS FILE/PAGE NO. 82-095262 AFFECTS : THE NORTHEASTERLY 63.00 FEET OF PARCEL 2 Of PARCEL MAP NO, 10179, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO AND LYING WITHIN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHC7N ON SAID MAP NO. 30179, BEING A PORTION Of 126.00 FOOT WIDE MELROSE DRIVE PROPOSED SAID IP4STRTJMEWI ALSO GRANTS TE RIGHT TO EXTEND AND MAINTAIN DRA1NACE STRUCTURES AND EXCAVATION AND EMTANP4ENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE RX)ULRED FOR CONSTRUCTION AND MAINTENANCE, 13. ANY MATTERS WRICH MAY !E DISCLOSED Y AN INSPECTION OF SAID LAND. 14. ANY TAXES, RONDS, OR ASSESSMENTS WILL RE REPORTED IJLTER, TAX FOR FISCAL YEAR : 1983-1954 CODE AREA : 09076 PARCEL NO. : 223-021-13 LAND : $4,738.920 IMPROVEMENTS : NONE PERSONAL : NONE EXEMPTION : NONE ANY OTHER EXEMPTIONS : NONE FIRST INSTALLMENT $29.017.71 PAID SECOND INSTALLMENT : $29,017.71 PAID I MAP I\O. 10179 SHEET 3 OF 5 SHEETS AREA 5 5.90,; ACRES :Vi sc\.2o ' tq SAK PARCEL 2 .. III •'I .--- --- .\t' - W / \\ PARCEL 4 AREA 43GI8 ACRES / -SEE DETAtL*10' • - ................•.- •• SE€ SHEET NO. 5 • ki V DETAIL A - DETAIL B S - .?. • I •-------_•.-----_ - _____---___ - g - 6983. - — / czcr;c'.' 2 S R 3 ii' s1; .... 4. J I . .ç AMER1 _ I First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808)SAN DIEGO, CALIFORNIA 92101 • (619)238-1776 December 13, 1984 February 26, 1985 AMENDED BREHM COMMUNITIES 2835 Camino del Rio South, Suite 220 San Diego, California Attn: BILL HOOVER Your No. CARLSBAD TRACT NO. 84-23 Our Order No. 892830-20 In response to the above referenced application for a policy of title insurance, this Company 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 in Exhibit A attached. 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 hereto) 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 Commitme should be requested. \ Dated as of February 20, 1985 at 7:30 a.m. CALVIN F. SCROGGINS/ci TITLE/OFFICER The form of policy title insurance contemplated by this report is: SMG Title to said estate or interest at the date hereof is vested in: BREHM COMMUNITIES, a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as follows: SEE LEGAL DESCRIPTION ATTACHED At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE FOLLOWING PAGES ATTACHED 1 ORDER NO. 892830-20 PAGE NO. 2 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: . Second Installment, General and Special taxes for the fiscal year 1984-85. 2. A 1915 Act Bond, currently collected on the tax roll, Assessment No. 101, District 76-3 of San Marcos County Water District, in the City of Carlsbad. 3. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 4. An easement for poles, wires and anchors and incidental purposes in favor of San Diego Gas & Electric Company, recorded February 16, 1920 in Book 798, page 246 of Deeds, described as follows: A strip of land 2 feet in width lying 1 foot on each side of the following described center line: Beginning at the Southwest corner of Section 19, Township 12 South, Range 3 West, San Bernardino Base and Meridian; thence North 88 °08' East, 3160 feet; thence North 87 °31' East 1939 feet; thence North 27 °44' East, 1484 feet. Reference is made to said instrument for further particulars. 5. 126 foot Proposes Melrose Drive and 60 foot reserved for Future Street as shown on said Parcel Map. 6. An easement for road and incidental purposes in favor of La Costa Land Company, recorded July 11, 1980 as File No. 80-217365 of Official Records, located within the Southeasterly 30 feet of Parcel A herein described, shown on said Parcel Map as "60 Foot Reserved For Future Street". The interest of LA COSTA LAND COMPANY has since passed and is now vested in DAON CORPORATION. 7. An easement for an enclosed or unenclosed flood drainage channel and for the flowage of any waters and incidental purposes in favor of SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT, recorded April 16, 1981 as File No. 81-117295 of Official Records, described as follows: Those portions of Parcel 2 of Parcel Map No. 10179, in the County of San Diego, State of California, said Parcel Map No. 10179 being filed in the Office of the Recorder of San Diego County June 27, 1980, described as follows: Parcel 1 That portion of said Parcel 2 lying within a 12.00 foot wide strip of land, the sidelines of said strip lying 6.00 feet on each side of the following described centerline: ORDER NO. 892830-20 1 PAGE NO. 3 Commencing at the most Southerly corner of said Parcel 2, said point being on the arc of a 500.00 foot radius curve concave Northwesterly, a radial line of said curve bears South 32 °38 1 11" East to said point; thence Northeasterly along the arc of said curve through a central angle of 48 °50'06" a distance of 426.17 feet; thence tangent to said curve North 08 °31'43" East, 65.28 feet; thence leaving said boundary North 81028?17 West, 30.00 feet to the True Point of Beginning; thence continuing North 81 028t17 West, 25.00 feet to the point of terminus. Parcel 2 That portion of said Parcel 2 of Parcel Map No. 10179 described as follows: Commencing at the most Easterly corner of said Parcel 2 of Parcel Map No. 10179; thence North 35 °25'44" West, along the Northeasterly line of said Parcel 2 of Parcel Map No. 10179 a distance of 786.87 feet; thence leaving said Northeasterly line South 54 °34 1 16" West, 63.00 feet; thence South 35 °25'44" East, 19.17 feet to the True Point of Beginning; thence continuing South 35 °25'44" East, 13.26 feet; thence South 79 °46'20" West, 29.82 feet; thence North 10 °13'40" West, 12.00 feet; thence North 79 °46'20" East, 24.18 feet to the True Point of Beginning. PARCEL 3 That portion of said Parcel 2 of Parcel Map No. 10179 lying within a 12.00 foot wide strip of land, the sidelines of said strip lying 6.00 feet on each side of the following described centerline: Commencing at the most Easterly corner of said Parcel 2 of Parcel Map No. 10179; thence North 35 °25 1 44" West along the Northeasterly line of said Parcel 2 of Parcel Map No. 10179 a distance of 384.52 feet; thence leaving said Northeasterly line South 54 °34'16" West, 63.00 feet to the True Point of Beginning; thence continuing South 54 °34'16" West, 62.00 feet to the point of terminus. Parcel 4 That portion of said Parcel 2 of Parcel Map No. 10179 lying within a 12.00 foot wide strip of land, the sidelines of said strip lying 6.00 feet on each side of the following described centerline: Commencing at the most Easterly corner of said Parcel 2 of said Parcel Map No. 10179; thence South 54 °34'16" West along the Southerly boundary of said Parcel 2 of Parcel Map No. 10179 a distance of 97.09 feet; thence leaving said Southerly boundary North 35 °25 1 44" West, 30.00 feet to the True Point of Beginning; thence continuing North 35 °2544" West, 15.00 feet to the point of terminus. Reference is made to said instrument for further particulars. 8. An easement for street and highway and incidental purposes in favor of CITY OF CARLSBAD, a municipal corporation, recorded April 24, 1981 as File No. 81-126304 of Official Records, described as follows: . I ORDER No. 892830-20 PAGE NO. 4 Commencing at the most Southeasterly corner of Parcel 2 of said Parcel Map No. 10179; thence South 54 °34'16" West, 139.95 feet; thence South 35 0 25 1 44 East, 30.00 feet to the True Point of Beginning, said point being on the beginning of a non-tangent 470.00 foot radius curve concave Southeasterly, a radial line to said point bears North 35 °2544" West; thence Southwesterly along the arc of said curve through a central angle of 46 °02'33' a distance of 377.69 feet; thence tangent to said curve South 08 °31'43" West, 200.63 feet to the beginning of a tangent 530.00 foot radius curve concave Northwesterly; thence Southwesterly along the are of said curve through a central angle of 55 °32 1 40' a distance of 513.80 feet to a point, a radial line to said point bears South 25 °55 1 37" East; thence leaving said curve and along said radial line North 25 °55 1 37" West, 60.00 feet to a point on the arc of a non-tangent 470.00 foot radius curve concave Northwesterly, a radial line to said point bears South 25 °55'37" East; thence Northeasterly along the arc of said curve through a central angle of 55 °32'40" a distance of 455.63 feet; thence tangent to said curve North 08 °31'43" East, 200.63 feet to the beginning of a tangent 530.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 46 °02'33" a distance of 425.90 feet; thence tangent to said curve North 54 °34 1 16" East, 51.95 feet to the beginning of a tangent 25.00 foot radius curve concave Westerly; thence Northeasterly, Northerly and Northwesterly along the arc of said curve through a central angle of 90 °00'00' a distance of 39.27 feet to a point of cusp, a radial line to said point bears North 54 °34 1 16 East, thence leaving said curve South 35 °25'44" East, 110.00 feet to a point of cusp with a 25.00 foot radius curve concave Southerly, a radial line to said point bears North 54 °34'16" East; thence Northwesterly and Westerly along the arc of said curve through a central angle of 90 °00 1 00" a distance of 39.27 feet; thence tangent to said curve South 54 °34'16" West, 51.95 feet to the True Point of Beginning. Except therefrom any easements of record. Reference is made to said instrument for further particulars. 9. An Agreement regarding public facilities fee, dated July 8, 1981, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: DAON CORPORATION and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: September 8, 1981 as File No. 81-286838 of Official Records. Reference is made to said instrument for further particulars. 10. An Agreement regarding public facilities fee, dated July 8, 1981, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: The Woodward Companies and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: September 23, 1981 as File No. 81-302951 of Official Records. Reference is made to said instrument for further particulars. ORDER NO. 892830-20 I I PAGE NO. 5 11. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Melrose Drive where required for the construction and maintenance of said Drive as conveyed to the County of San Diego in Deed recorded April 7, 1982 as File No. 82-095262 of. Official Records. 12. An agreement regarding public facilities fee, dated January 6, 1983, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: THE WOODWARD COMPANIES and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: January 20, 1983 as File No. 83-020857 of Official Records. Reference is made to said instrument for further particulars. 13. A Deed of Trust to secure an indebtedness in the original principal sum of $587,263.00, and any other amounts and/or obligaitons secured thereby, recorded. June 7, 1984 as File No. 84-214363 of Official Records. DATED: May 22, 1984 TRTJSTOR: AETNA CAPITAL CORPORATION TRUSTEE: STEWART TITLE COMPANY of Southern California, a California corporation BENEFICIARY: SAN MARCOS UNIFIED SCHOOL DISTRICT Affects the property herein described with other property. Will be eliminated prior to recordation of proposed map. 14. A Deed of Trust to secure an indebtedness in the original principal sum of $11,857,000.00, and any other amounts and/or obligations secured thereby, recorded November 26, 1984 as File No. 84-440460 of Official Records. DATED: November 20, 1984 TRUSTOR: BREHM COMMUNITIES, a California corporation TRUSTEE: HONE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation BENEFICIARY: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of The United States of America 15. An Agreement regarding a public facilities fee, dated May 25, 1984, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: THE GREENS ASSOCIATES, a partnership and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: December 17, 1984 as File No. 84-468760 of Official Records. 16. A Deed of Trust to secure an indebtedness in the original principal sum of $627,924.00, and any other amounts and/or obligations secured thereby, recorded January 22, 1985 as File No. 85-021201 of Official Records. DATED: December 6, 1984 TRUSTOR: BREHM COMMUNITIES, a California corporation TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation BENEFICIARY: SAN MARCOS UNIFIED SCHOOL DISTRICT ORDER NO. 892830-20 PAGE NO. 6 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09076 223-021-13 $29,187.56 PAID $29,187.56 NOT PAID $4,833,698.00 $-o- $-o- LEGAL DESCRIPTION ORDER NO. 892830-15 PERIMETER LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: That portion of Parcel 2 of Parcel Map No. 10179, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 27, 1980 as File No. 80-204502 of Official Records, and being more particularly described as follows: Beginning at the most Westerly corner of said Parcel 2; thence North 70 0 00'00" East 1009.19 feet to the beginning of a non-tangent 3263.00 foot radius curve concave Northeasterly, a radial line to said point bears South 68 °22'25" West' thence Southeasterly along said curve through a central angle of 13°48'09" a distance of 786.06 feet; thence tangent to said curve South 35 025'44" East 786.87 feet; thence South 54 °34'16" West 76.95 feet to the beginning of a tangent 500.00 foot radius curve concave Southeasterly; thence Southwesterly and Southerly along said curve through a central angle of 46 °02'33" a distance of 401.80 feet; thence tangent to said curve South 8 °31'43" West 200.63 feet to the beginning of a tangent 500.00 foot radius curve concave Northwesterly; thence Southerly and Southwesterly along said curve through a central angle of 48 °50'06" a distance of 426.17 feet; thence non-tangent to said curve North 23°06'00" West 648.81 feet; thence North 7700'00" West 330.64 feet; thence North 28 °00'00" West 375.00 feet; thence North 19 0 58'11" West 357.92 feet; thence North 28°00'00" West 210.35 feet; thence North 55 0 03'58" West 97.78 feet; thence North 33 0 36'30" West 261.02 feet; thence North 28 °00'00" West 125.00 feet to the Point of Beginning. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 223-021-13 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2fday of ________, 19 by and between THE GREENS ASSOCIATES (Name of Developer) a PARTNERSHIP , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 2643 FOURTH AVENUE (Street) SAN DIEGO, CALIFORNIA 92103 City, State, Zip Code and AETNA CAPITAL CORPORATION (Name of Legal Owner) a CORPORATION , hereinafter referred to as (Corporation, etc.) "Owner" whose addrei& is 840 NEWPORT CENTER DRIVE (Street) NEWPORT BEACH, CALIFORNIA 92660 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. C EXHIBIT "A" LEGAL DESCRIPTION PARCEti: PARCEL 2 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980, BEING A DIVISION OF PORTIONS OF SECTIONS 19, 29, 30 AND 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, PARTLY IN THE CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF. PARCEL B: AN EASEMENT FOR ROAD P.RPOSES OVER, ALONG AND ACROSS THAT PORTION OF THE NORTHWESTERLY 30 FEET OF PARCEL 4 OF SAID PARCEL MAP NO. 10179 SHOWN AS "60 FOOT RESERVED FOR FUflRE STREET", WHICH LIES SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2. 10 10 1] I IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: jSignature) (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ City Clerk DEVELOPER: _REENS ASSOCIATES , .Partnershi p GTK III, INC., a California Corporation BY /!4OJ7) ). 4A.4L,.. , President WP , C.., a Californi.a Corporation 4'I President NRLIN j a L 9 or?fl CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APPROVED AS TO FORM: VINCENT F .BIO N DO, J R., City Attorney - /st....1 €.k n 1dge1fleflt of execution by DEVELOPER and OWNER must be State of California ) ) COUNTY of ORANGE SS. ) On May.25,1984 , before me, the undersigned, a Notary Public in and for Said State, personally appeared Richard C. Jack, Jr. , known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and personally known to me or proved to me on the basis of satisfactory evidence to be the 31 person who executed the within instrument as the Secretary of the corporation that executed the within instrument pursuant to its by-laws or a resolution of its board of directors. - sm MARILYN K. DEWEy Signature NABC I - WITNESS my hand and official seal OfFaA. PRINCIPAL OFFICE IN RILYN.DEWY commjs EXP. Apr. 12, 1S85 GRANGE couNTy Name (Tr'ped or Printed) ( Aly STATE OP CALUUNZA qSS aXWVCp San Diego ) on May 18, 1984 , before ire, the undersigned, a Notary Public in and for said State, perscraUy aeared MATHEW R. LOON IN XXX personally knn to ire (or proved to ire on the basis of satisfactory evidence) to be the persons who executed the within ixrstrurent as President and Secretary, on behalf of MRL III, INC. the corporation therein named, and acknowledged to ire that said corporation executed the within instruient pursuant ot its by-laws or a resolution of its board of directors, said corporation being known to me to be .e of the partners of THE GREENS ASSOCIATES the partnership that executed the within instrument, and acknowledged to ire that such corporation executed the same as such partner and that such partnership V executed the same. WflNES my hand and official seal OFFICIAL SEAL LINDA M. BULLOCK NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 10, 1986 (This area for official notarial seal) ,STATE ..CF CALIFORNIA *)SS. air' OF San Pi:eo ) an may 18, 1984 , before me, the undersigned, a votary Public in and for said State, personally appeared WN, PATRI:CKT KRUEP personally known to ire (or proved to ire on the basis of satisfactory evidence) to be the persons who executed the within as President and Secretary, on behalf of W K 1:1, INC. the corporation therein named, and acknowledged to ire that said corporation executed the within instrument pursuant at its by-laws or a resolution of its board of directors, said corporation being )an to ire to be one of the partners of THE (REEN.$ ASSOCIATES the partnership that executed the within instrument, and acknowledged to ire that such corporation executed the same as such partner and that such partnership executed the sane. wriss rr, hand and official seal Signabim /7 c&- OFFICIAL SEAL LINDA M. BULLOCK NOTARY PUBLIC-CALIFORNIA ci PRINCIPAL OFFICE IN SAN DIEGO COUNT' My Commission Expires Jan. 10, 1986 V (This area for official notarial seal) STATE ' LUIA or San Diego I on May 18, 1984 , before ire, the indersigned, aotaxy Public in and for said State, personally appeared George T. Kruer personally known to ire (or proved to L1 on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of GTK III, INC. the corporation therein rd, and acknowledged to ire that said corporation executed the within instrument pursuant at its by-laws or a resolution of its board of directors, said corporation being 3QIn to ire to be one of the partners of THE GREENS ASSOCIATES the partnership that executed the within instrument, and acknowledged to ire that such corporation executed the se as such partner and that such partnership executed the sane. OFFICIAL SEAL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN WI'ItS my hand and official - LINDA M. BULLOCK o SAN DIEGO COUNTY My Commission Expires Jan. 10, 1986 signatum r, (This area for official notarial seal) p' I A T C 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: 334 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT on said Property, which development carries the proposed name of THE MEADOWS and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19, with the City a request for hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Devloper, 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 WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 0 0 projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- 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 Nail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 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 0 0 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 reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 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 I/I I/I -6- nkirly 4-282 RECORL,:NG REQUESTED BAND ) WHEN RECORDED MAIL TO: ) - ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's u7 Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2-23 3 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 15thday of April , 1985 by and between Brehm Communities name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 2835 Camino Del Rio South, Suite 220. (street) San Diego, CA 92108 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 220-unit PUD and 104-unit Apartment REV 4-2-82 D 7! C 7_ - K V -,,?- 3 ii on said Property, whideVeloPmeflt carries the ploloposed name of The Meadows and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 9th day of May 19 84 , with the City a request for a tentative map hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFOREn consideration of the reals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to 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 pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees. to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 6. All obligati 0 hereunder shall terminain the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective - successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5-- REV 4-2-82 E 11 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Brehm Communities (name) A­9-4ifor~n~iCo tiol - F.W. 13rehm President (1'itle) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager 0 E Co ou CM (0 c'j 0 C co (title) STATE OF CALl FORNI y On- before me, the undersigned, a Notary Public in and for said_e, personally appeared - - - .and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument Preident and Secretary, on behalf of..._.______ L the corporation therein named, and acknowledged to me that i O71iCAL AL such corporation executed the within instrument pursuant t its B - by-laws or a resolution of its board of directors. .- 'N WITESS my hand and official seal. • — S.A o E: CCUi1TY My Commission Expires Cctoer 11, 1996 (This area for official notarial seal) (Notarial ac knowledgement of execution oy !JcV'JS- attached. ) must be e REV 4-2-82 I EXHIBIT "A" LEGAL DESCRIPTION A Portion of Parcel 2 of Parcel Map No. 10179 being a subdivision of those Portions of Section 19 and 30, township 12 south, range 3 west, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, June 27, 1980 as File No. 80-204502 . . Cfl OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438-5551 RECEIVED F ROM J Id T DATE 2C AD DESCRIPTION I AMOUNT c 165( 3037-- to Ic' \C - r / \O ZOtEO .JJQQJ TOTAL ---