HomeMy WebLinkAboutCT 84-25; BATIQUITOS BLUFF; Tentative Map (CT)LAND U930- PLANNING APL.ICATION
DISCRETIONARY ACTIONS
REQUEST
C] Zone Change OSpecific Plan
C] General Plan Amendment DSite Development Plan
JTentative Tract Map DConditional Use Permit
RI Major Planned Unit Development DVariance
C] Master Plan CPlanning Commission Determination
O Major Redevelopment Permit DSpecial Use Permit o Minor Redevelopment Permit OStructure Relocation
O Precise Development Plan ElMajor Condominium Permit
(check other boxes ifappropriate)
Complete Description of Project (attach additional sheets if necessary)
Project consists of a mix of four separate residential units
totaling 600 dwelling units. The entire proposed project sits
on forty acres. More specific information regarding the various
types of residential units is attached to this application
Legal Description (complete)
Please see attached Legal DesCriptiQn.
Assessors Parcel Number
Zone General Plan Existing Land Use
RD-M RMH Agriculture
Proposed Zone Proposed General Plan Site Acreage
Same Same 40 Acres
Owner Applicant
Name (Print Or Type) Name (Print or Type)
Seabluff Associates Group VI, Ltd.
A General Partnership do Sammis Properties
'1aili Address Mailing Address 7? Upper Newport Plaza Drive 5030 Camino de la Siesta
Newport Beach, California Suite 100
City and State Zip Telephone City and State Zip Telephone
San Diego, California 92108
92660 (714) 851-1611 (619) 298-711
I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. AND CORRECT '10 THE BEST OF MY KNOWLEDGE.
SIGNA'IURE: DATE S'1UE\ fl ç DATE
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I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + 5.00 acre
Minor $185.00 + 2.00 acre
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
- fifteen (15) copies of item A
- items E-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O
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.
:
If after the information you have submitted has been reviewed, it is determined
that further informatioflrequired, you will be so adld..
1 0 Ir
APPLICANT: Sammis Proprris
Name (individual, partnership, joint venture, corporation, syndication)
5030 Camino de la Siesta Suite 100, San Diego, California -
Business Address 92108
AGENT:
(619) 298-7112
Telephone Number
Douglas M. -Avis
Name
11300 Sorrento Valley Road, Suite 101-,-San Diego, California
Business Address : .:' 92121.
(6i9)'2-42-0946
Telephone Number
iEfr1BERS: Donald F. Sammis
Name '-(individual, partner, joint Home Address
venture, corporation, syndication)
5030 Camino de la Siesta, San Diego, California 92108
Business Address
(619) 298-7112 0
Telephone Number -, Telephone Number
Trae Home Address
Business Address -
Telephone Number - . Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended. -
0 •
Applicant
- BYV AP 0 Agent, Owner, er -.
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.
Sigture Date
[)W6 &
*,G~-
Name (Prin ationsilip to AppJ.icatic
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
. I
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.
II
E. One (1) copy each of 8 1/2"xll" site plan and elevations.
F. One (1) copy of 8 1/2"xll" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special Use Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 300-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 PARCEL 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.
K. 300 Foot Radius Map
(Not needed for Site Development Plan, Planning Commission
Determination and Special Use 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
property 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 impractical.
L. For residential projects 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 dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan *
P. Statement of agreement to waive tentative tract map time
limits.
*NOTE: It is the Applicant's responsibility to bring one copy of
a colored site plan and one copy of a colored elevation
to the Land Use Planning Office by Noon the day of the
Planning Commission meeting.
. .
- distances between buildings and/or structures
- building setbacks (front, rear and 'sides)
- location, height, and materials of walls and fences
- location of freestanding signs
- all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
the limits of subject site.
- existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the Street properties.
- typical street section
- any existing median islands within 100 feet of
subject site.
- nearest cross streets on both sides with plus or
minus distances from subject site.
- location of all buildings within 100 feet of subject
properties.
- 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
- sq. footage of open/recreational
space (if applicable)
- cubic footage of storage space
(if applicable) a
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36")
shall include the following information:
1. Landscape zones per the City of Carlsbad
Landscape Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of-irrigation
(supplemental) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) for all areas.
5. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36")
- floor plans with square footages included
- location and size of storage areas
- all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2" x 11".
(5) Date of preparation;
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at 1' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed)
(12) Approximate location-of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15) Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) Typical Street section for all adjacent streets
and streets within the project.
B. Site Plan: Shall include the following information:
- Name and address of applicant, engineer and/or
- architect, etc.
- All easements
- Dimensioned locations 1 of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
•
Residential Condominiums
$530.00 (50 units or less)
$1,090.00 (50 units or more)
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$875.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Condominium
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Form
2. General Requirement Items
- fifteen (15) copies of items B-D
items E-I, M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Engineering
Department for Special Use Permits
Variance
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of item B and D (if
applicable)
- items E,F,H-K,M,O
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
.
Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- fifteen (15) copies of items B-D (if applicable)
- items F-I, M, 0
4. General Requirement Items for Density Determination:
- fifteen (15) copies items B-D
- items E-I, M-O -
5. Fee: $330.00
Major and Minor Redevelopment Permits
1. Application Form
2. General Requirement Items:
- Major:
- fiftéen (15) copies of Item B-D
- items E-M and material samples (if applicable)
- Minor:
- fifteen (15) copies of items B-D (if applicable)
- items E-F ? H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary).
Structure Relocation
1. Application Form
2. General Requirement Items
- fifteen (15) copies of
- items E, F, H e I, M
- inspection notice from
3. Fee: $120.00
B and D
the Building Department
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary grading plan (24" x 36")
Each tentative map/preliminary grading plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
S A NI k. j • -
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First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
PRELIMINARY REPORT
November 10, 1983
SAMMIS PROPERTIES
5030 Camino de la Siesta, Suite 100
San Diego, California 92108
Attn: DONALD SAMMIS
Your No. SEA BLUFF
Our Order No. 867874-15
Disk No. C-954
Form of Policy Coverage Requested: PR
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 of Title Insurance in the form
specified above, describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason
of any defect, lien or encumbrance not shown or referred to as an Exception
below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for
the purpose of facilitating the issuance of a policy of title insurance and no
liability is assumed hereby. If it is desired that liability be assumed prior
to the issuance of a policy of title insurance, a Binder or Commitment should
be requested.
Dated as of October 31, 1983 at 7:30 a.m.
RANNY W. HARPER/lb TITLE OFFICER
Title to said estate or interest at the date hereof is vested in:
SEA BLUFF ASSOCIATES, a California partnership
The estate or interest in the land hereinafter described or referred to
covered by this Report is:
FEE
.
.
ORDER NO. 867874-15
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:
1. General and Special taxes for the fiscal year 1983-84, now payable.
2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes
of 1983 of the State of California.
13. An easement for either or both pole lines, underground conduits and
Incidental purposes -together with the right of ingress and egress in favor
of San Diego Gas and Electric Company by instrument recorded November 18,
1916 In Book 722, page 116 of Deeds, described as follows:
A strip of land 24 feet in width across a portion of Lots 5, 14, and 19,
Section 33, Township 12 South, Range 4 West, the centerline of which is
described as follows:
Beginning at a point on the East line of Lot 19, Section 33, distant 449.2
feet North from the Southwest corner of Lot 8, said Section 33; thence
North 33 002' West 2257 feet to a point which is North 33 °02' West 557.2
feet from the South line of said Lot 5. Also a strip of land 2 feet In
width across a portion of Lot 5 and the North Half of the Northwest
Quarter of Section 33, Township 12 South, Range 4 West, the centerline of
which is described as follows: Beginning at the last above described
point which is North 33 °02' West 557.2 feet from the South line of said
Lot 5; thence North 33 0 02' West 921 feet; thence South 85 °05' West 1092.4
feet to a point on the West line of the Northwest Quarter of said Section
33, distant 950.8 feet South from the Northwest corner of said Section 33.
Reference is made to said instrument for further particulars.
J 4. An easement for either or both pole lines, underground conduits and
incidental purposes together with the right of ingress and egress in favor
of San Diego Gas and Electric Company by instrument recorded May 17, 1918
in Book 760, page 145 of Deeds, described as follows:
A strip of land 2 feet in width in the Northwest Quarter of Section 33,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, the
centerline of which is described as follows:
Beginning at a point which bears South 0006? West a distance of 5 feet;
thence North 89 0 56' East a distance of 51 feet from the corner of Sections
28, 29, 32, and 33, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, said point being on the Easterly line of the County Road
Survey No. 148; thence South 50 °37' East 1344.85 feet.
Reference is made to said instrument for further particulars.
ORDER NO. 867874-15
PAGE NO. 3
5. An easement for telephone and telegraph lines and incidental purposes in
favor of Southern California Telephone Company, recorded November 24, 1941
in Book 1234, page 344 of Deeds, described as follows:
A strip of land 15 feet In width, the centerline of which is 25 feet
Easterly of and parallel with the Easterly boundary of the right of way of
the Atchison, Topeka & Santa Fe Railway Company upon and across Lots 6,
13, 19, and 20, and the Northwest Quarter of the Northwest Quarter of
Section 33, Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according to
United States Government Survey approved May 3, 1883.
Reference is made to said instrument for further particulars.
1 6. Any rights which Southern Counties Gas Company of California may have by
virtue of that certain license agreement dated June 13, 1932 covering the
location of a 12 inch gas pipeline upon the hereinabove described premises
as referred to in deed from the Atchison, Topeka, and Santa Fe Railway
Company, recorded September 18, 1947 as Instrument No. 97320 in Book 2501,
page 147 of Official Records.
7. An easement for either or both pole line, underground conduits and
incidental purposes together with the right of ingress and egress In favor
of Pacific Telephone and Telegraph Company, recorded December 2, 1954 in
Book 5455, page 457 of Official Records, described as follows:
A strip of land 10 feet in width, the Westerly line of which is parallel
with and abutting the Easterly right of way line of the Atchison, Topeka
and Santa Fe Railway Company's right of way.
Reference is made to said instrument for further particulars.
1 8. An easement ten (10) feet in width, to construct, place, operate, inspect,
maintain, repair, replace and remove such aerial and underground
telephone, telegraph and communication structures as Grantee may from time
to time require, consisting of poles, anchors, wires, cables, conduits,
manholes, and necessary fixtures and appurtenances, over, under, and upon
the herein described property as granted to Pacific Telephone and
Telegraph Company, by Deed recorded October 21, 1956 in Book 5466, Page
172 of Official Records.
The above described easement shall be located on a strip of land ten (10)
feet in width, the center line of which is described as follows:
. .
ORDER NO. 867874-15
PAGE NO. 4
Beginning at a point on the Northerly line of the South Half of the South
Half of the Southwest Quarter of Section 28, Township 12 South, Range 4
West, San Bernardino Base and Meridian, said point being located North
89 °57 1 30" East, five (5) feet from the Easterly right of way line of the
Atchison, Topeka and Santa Fe Railway Company; thence South 21 °08 1 38" East
731.90 feet to a Point of Termination on the Southerly line of the South
Half of the South Half of the Southwest Quarter of Section 28, Township 12
South, Range 4 West, San Bernardino Base and Meridian, said Point of
Termination being located North 89 °59 1 20" East, five (5) feet from the
Easterly right of way line of the Atchison, Topeka and Santa Fe Railway
Company.
Grantor reserves the right to use the property for all purposes not
inconsistent with the rights granted the Grantee. Grantor covenants not
to place or permit to be placed or maintained any buildings. inflamable
materials on said easement.
Grantor grants to Grantee the right of ingress to and egress from said
easement across property of Grantor, for the purpose of exercising the
easement granted; the right to clear and keep cleared from said easement
such trees, brush, and other obstructions as may be necessary for the
protection of said structures; and the right to place markers and other
devices to support or mark said construction where necessary, inside of
the easement.
Grantee shall be liable to Grantor for any damage which may occur to the
above described property by reason of negligence on the part of Grantee in
the exercise of the easements granted.
Grantee shall maintain its aerial cable at a minimum height of eighteen
(18) feet above the present surface of the ground.
Affects Parcel I.
9. An easement and right of way 20 feet in width in, upon, over, under, and
across the lands hereinafter described, to erect, construct, reconstruct,
replace, repair, maintain and use a pipeline or pipelines for any and all
purposes, as granted to Carlsbad Municipal Water District by Deed recorded
November 6, 1958 in Book 7338, Page 303 of Official Records, described as
follows:
The Southerly 20.00 feet of the herein described property.
Grantor and their successors in estate shall not erect or construct, or
permit to be erected or constructed, any building or other structure,
plant any tree or trees, or drill any well or wells, within the limits of
said right of way.
ORDER NO. 867874-15
S
PAGE NO. 5
Grantee shall have the right to erect, maintain Wand use gates in all
fences which now cross or shall hereafter cross said route or routes,, and
to trim and cut and clear away any trees and brush whenever in its
judgment the same shall be necessary for the convenient and safe exercise
of the rights hereby granted, the right to transfer and assign this
easement in whole or in part being hereby granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on,
under or over strip of land by Grantor, without the previous written
consent of Grantee.
It is also understood and agreed by the parties hereto that the Grantor
and their successors or assigns, shall not increase or decrease, or permit
to be increased or decreased, the existing ground elevations of the above
described right of way, existing at the time this document is executed,
without the previous written consent of the Grantee.
Affects Parcel 1.
J 10. Thi fact that the ownership of said land does not include any rights of
Ingress or egress to or from the State Freeway adjacent thereto said
rights having been relinquished by Deed recorded May 5, 1961 as File No.
58612 of Official Records.
Affects Parcels 2 and 4.
J 11. The fact that the ownership of said land does not include any rights of
ingress or egress to or from the freeway adjacent thereto said rights
having been relinquished by Deed recorded August 29, 1961 as File No.
150325 of Official Records.
Affects Parcel 1.
12. An easement and right of way 20 feet in width in, upon, over, under and
across the lands hereinafter described, to erect, construct, reconstruct,
replace, repair, maintain and use a pipeline or pipelines for any and all
purposes, together with their necessary fixtures and appurtenances
including but not limited to conduits and cables for power transmission
and communication purposes, over the herein described property as granted
to Carlsbad Municipal Water District, by Deed recorded August 29, 1961 as
File No. 150326 of Official Records.
The center line of said easement of right of way in the aforesaid lands is
particularly described as follows:
ORDER NO. 867874-15 S
PAGE NO. 6
Commencing at the South Quarter corner of said Section 28; thence Westerly
along the South line of said Southwest Quarter North 89 °20'39" West 341.03
feet to the TRUE POINT OF BEGINNING; thence North 32 °51 1 39" West 1402.37
feet to a point being at coordinates Y-340, 772.36 feet and X-1,
676,222.76 feet.
The route or location of said easement cannot be determined from the
record.
Affects Parcel 1.
J 13. An Agreement regarding Exchange of Easements, dated April 12, 1965 upon
the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: PALMER CONNER; FRANK MILES FLINT; C. HARRIS
ADAMS; DOROTHY R. ADAMS; PERRY A. LAMB; JOHN M. LAMB; BAY VIEW HILLS,
INC., a corporation; GEORGE W. OLIVER AND JOHN M. LAMB, as special
administrators with general powers of the estate of JOHN N. METCALF; PERRY
A. LAMB, as executor of the Will of MAY K. METCALF; DONALD DEAN SHARP;
ROBERT C. SHARP and JULES BERMAN, a married man
RECORDED: November 12, 1965 as File No. 205391 of Official Records.
J 14. An easement for installation, construction, maintenance, repair,
replacement, reconstruction and inspection of a drainage channel and
incidental purposes in favor of San Diego County Flood Control District,
recorded May 3, 1974 as File No. 74-115351 of Official Records, described
as follows:
A strip of land fifteen (15) feet wide, lying 7.5 feet on either side of
the following described centerline:
Commencing at the Southwest corner of said Section 28; thence along the
Westerly line of said Section 28, North 00002120.. West, 681.90 feet to the
corner of the South Half of the South Half of the Southwest Quarter of
said Section 28; thence along the Northerly line of said South Half of the
South Half being the Southerly line and the Westerly prolongation of said
Southerly line of that land described in Deed to Sequoia Pacific Realco,
recorded the 29th day of May 1973 as File No. 73-144748 of Official
Records in the Office of the Recorder of said County, South 89 0 57 1 45"
East, 1196.60 feet to the TRUE POINT OF BEGINNING, said point being on a
curve, concave to the East, having a radius of 130.00 feet, the center of
which bears North 77 027 1 55" East; thence Southerly along said curve an arc
distance of 27.20 feet; thence tangent to said curve South 24 °31'22" East
a distance of 713.21 feet to the beginning of a tangent curve, concave to
the West, having a radius of 130.00 feet; thence Southerly along said
curve an arc distance of 6.62 feet to a point in the South line of that
land described in Deed to Poinsetta Properties Ltd., recorded the 31st day
of December 1971 in Book 1971, as File No. 307616 of Official Records.
S
ORDER NO. 867874-15
PAGE NO. 7
The sidelines of said strip shall be prolonged or shortened so as to
terminate in the Northerly and Southerly lines of said Poinsetta
Properties Ltd. land.
Reference is made to said instrument for further particulars.
Affects Parcel 1.
15. An easement for ingress and egress on and across, and along the herein
described real property for personnel and equipment and incidental
purposes in favor of San Diego County Flood Control District recorded May
3, 1974 as File No. 74-115353 of Official Records, described as follows:
A strip of land 12.00 feet in width lying Southerly of and contiguous with
the following described center line:
Commencing at the Southwest corner of said Section 28; thence along the
Westerly line of said Section 28 North 00 0 02 I 20 West, 681.90 feet to the
Northwest corner of the South Half of the Southwest Quarter of said
Section 28; thence along the Northerly line of said South Half of the
South Half being the Southerly line and the Westerly prolongation of said
Southerly line of that land described in Deed to Sequoia Pacific Realco,
recorded the 29th-day of May 1973 as File No. 73-144748 Official Records
in the Office of the Recorder of said County, South 89 °57'45" East,
1196.60 feet to the TRUE POINT OF BEGINNING; thence continuing South
89 °57 1 45" East a distance of 907.38 feet to a point on the Westerly line
of Interstate Route 5, as said Route 5 was dedicated per condemnation to
the State of California, recorded July 16, 1963 in Book 1963 as File No.
125935 of Official Records.
The Southerly line of said strip shall terminate Easterly in said Westerly
line of Interstate Route 5.
Reference is made to said instrument for further particulars.
Affects Parcel 1.
4 16. An easement for ingress and egress, for personnel and equipment and
incidental purposes in favor of San Diego County Flood Control District
Zone 1, recorded May 3, 1974 as File No. 74-115354 of Official Records,
described as follows:
. .
ORDER NO. 867874-15
PAGE NO. 8
Commencing at the Southwest corner of said Section 28; thence along the
Westerly line of said Section 28, North 00 002 I 20 West 681.90 feet to the
Northwest corner of the South Half of the South Half of the Southwest
Quarter of said Section 28; thence along the Northerly line of said South
Half of the South Half being the Southerly line and the Westerly
prolongation of said Southerly line of that land described in deed to
SEQUOIA PACIFIC REALCO, recorded the 29th day of May 1973 in Book 1973, as
File No. 73-144748 of Official Records in the Office of the Recorder of
said County, South 89 °57 1 45" East 1196.60 feet to a point on a curve
concave to the East having a radius of 130.00 feet the center of which
bears North 77 °27 1 55" East; thence Southerly along said curve an arc
distance of 27.20 feet; thence tangent to said curve South 24 °31'22 East
a distance of 713.21 feet to a tangent curve concave to the West, having a
radius of 130.00 feet; thence Southerly along said curve an arc distance
of 6.62 feet to a point in the South line of that land described in deed
to POINSETTA PROPERTIES LTD., recorded the 31st day of December 1971 in
Book 1971 as File No. 307616 by said Recorder; thence continuing Southerly
along said curve an arc distance of 18.02 feet; thence South 13 °39 1 52"
West a distance of 1,033.77 feet; thence South 7620 1 08" West a distance
of 7.50 feet to the TRUE POINT 0F BEGINNING; thence continuing South
76 °20'08" West a distance of 55.00 feet; thence South 13 °3952' East a
distance of 300.00 feet; thence North 76 °20'08" East a distance of 55.00
feet; thence North 13 °39 1 52" West a distance of 300.00 feet to the TRUE
POINT OF BEGINNING.
Reference is made to said instrument for further particulars.
The route or location of said easement cannot be determined from the
record.
17. An easement for drainage channel and incidental purposes in favor of San
Diego County Flood Control District Zone 1, recorded May 3, 1974 as File
No. 74-115350 of Official Records, described as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on both sides of the
following described centerline:
Commencing at the Southwest corner of said Section 28; thence along the
Westerly line of said Section 28, North 00002t20H West 681.90 feet to the
Northwest corner of the South Half of the South Half of the Southwest
Quarter of said Section 28; thence along the Northerly line of said South
Half of the South Half being the Southerly line and the Westerly
prolongation of said Southerly line of that land described in deed to
SEQUOIA PACIFIC REALCO, recorded the 29th day of May, 1973 in Book 1973 as
File No. 73-144748 of Official Records in the Office of the Recorder of
said County, South 89 °57 1 45" East 1196.60 feet to a point on a curve
concave to the East having a radius of 130.00 feet the center of which
bears North 77 °27 1 55" East; thence Southerly along said curve an arc
distance of 27.20 feet; thence tangent to said curve South 24 °31'22" East
ORDER NO. 867874-15 . S
PAGE NO. 9
a distance of 713.21 feet to a tangent curve concave to the West having a
radius of 130.00 feet; thence Southerly along said curve an arc distance
of 6.62 feet to a point in the South line of that land described in deed
to POINSETTA PROPERTIES LTD., recorded the 31st day of December, 1971 in
Book 1971 as File No. 307616 by said Recorder, said point being the TRUE
POINT OF BEGINNING; thence continuing Southerly along said curve an arc
distance of 18.02 feet; thence South 13 °39'52" West a distance of 1,033.77
feet to a point designated as Point "A"; thence continuing South 13 °39 1 52"
West a distance of 300.00 feet to the Southerly terminus of the herein-
described centerline.
The sidelines of said strip to terminate in said South line of POINSETTA
PROPERTIES LTD., land.
Reference is made to said instrument for further particulars.
18. An Agreement regarding payment of a public facilities fee, dated June 1,
1982, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: SEABLUFF ASSOCIATES and THE CITY OF CARLSBAD, a
municipal corporation.
RECORDED: June 24, 1982 as File No. 82-194840 of Official Records.
19. An Agreement regarding payment of a public facilities fee, dated December
8, 1982, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: SEA BLUFF ASSOCIATES and THE CITY OF CARLSBAD, a
municipal corporation.
RECORDED: February 24, 1983 as File No. 83-058942 of Official Records.
20. A Deed of Trust to secure an indebtedness in the original principal sum of
$4,000,000.00, and any other amounts and/or obligations secured thereby,
recorded August 29, 1983 as File No. 83-304695 of Official Records.
DATED: August 12, 1983
TRUSTOR: SEA BLUFF ASSOCIATES, a California general partnership
TRUSTEE: UNION BANK, a California corporation
BENEFICIARY: UNION BANK, a California corporation
1983-84 TAX INFORMATION:
CODE AREA: 62010
PARCEL NO.: 214-171-15
1ST INSTALLMENT: $3,395.37 NOT PAID
2ND INSTALLMENT: $3,395.37 NOT PAID
LAND VALUE: $600,218.00
IMPROVEMENTS:
EXEMPT:
ORDER NO. 867874-15
PAGE NO. 9 •
a distance of 713.21 feet. to a tangent curve concave to the West having a
radius of 130.00 feet; thence Southerly along said curve an arc distance
of 662 feet to a point in the South line of that land described in deed
to P0INSETTA PROPERTIES LTD., recorded the 31st day of December, 1971 in
Book 1971 as File No. 307616 by said Recorder, said point being the TRUE
POINT OF BEGINNING; thence continuing Southerly along said curve an arc
distance of 18.02 feet; thence South 13 039 1 52" West a distance of 1,033.77
feet to a point designated as Point "A fl ; thence continuing South 13 °39'52'
West a distance of 300.00 feet to the Southerly terminus of the herein-
described centerline.
The sidelines of said strip to terminate in said South line of POINSETTA
PROPERTIES LTD., land.
Reference is made to said instrument for further particulars.
An Agreement regarding payment of a public facilities fee, dated June 1,
1982, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: SEABLUFF ASSOCIATES and THE CITY OF CARLSBAD, a
municipal corporation.
RECORDED: June 24, 1982 as Pile No. 82-194840 of Official Records.
An Agreement regarding payment of a public facilities fee, dated December
8, 1982, upon the terms, covenants, and -conditions contained therein.
EXECUTED BY AND BETWEEN: SEA BLUFF ASSOCIATES and THE CITY OF CARLSBAD, a
municipal corporation.
RECORDED: February 24, 1983 as File No. 83-058942 of Official Records.
20. A Deed of Trust to secure an indebtedness in the original principal sum of
$4,000,000.00, and any other amounts and/or obligations secured thereby,
recorded August 29, 1983 as File No. 83-304695 of Official Records.
DATED: August 12, 1983
TRUSTOR: SEA BLUFF ASSOCIATES, a California general partnership
TRUSTEE: UNION BANK, a California corporation
BENEFICIARY: UNION BANK, a California corporation
1983-84 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
62010
214-171-15
$3,395.37 NOT PAID
$3,395.37 NOT PAID
$600,218.00
. S
ORDER NO. 867874-15
PAGE NO. 10
1983-84 TAX INFORMATION:
CODE AREA: 62010
PARCEL NO.: 214-171-15
1ST INSTALLMENT: $3,395.37 NOT PAID
2ND INSTALLMENT: $3,395.37 NOT PAID
LAND VALUE: $600,218.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 62010
PARCEL NO.: 216-140-03
1ST INSTALLMENT- $8,897.70 NOT PAID
2ND INSTALLMENT: $8,897.70 NOT PAID
LAND VALUE: $1,572,895.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 62010
PARCEL NO.: 216-140-09
1ST INSTALLMENT: $1,039.73 NOT PAID
2ND INSTALLMENT: $1,039.73 NOT PAID
LAND VALUE: $183,800.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 62010
PARCEL NO.: 216-150-10
1ST INSTALLMENT: $370.08 NOT PAID
2ND INSTALLMENT: $370.08 NOT PAID
LAND VALUE: $65,422.00
IMPROVEMENTS:
EXEMPT:
LEGAL DESCRIPTION
ORDER NO. 867874-15 S .
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
PARCEL 1:
That portion of the South Quarter of the Southwest Quarter of Section 28,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to the Official Plat
thereof, lying Easterly of the Easterly line of that certain parcel of land
conveyed to the Atchison, Topeka and Santa Fe Railway Company, by Deed
recorded March 30, 1946 in Book 2059, page 466 of Official Records, in the
Office of the County Recorder of San Diego County; the East line of said
railway right of way so conveyed, being described as follows:
Beginning at the Northeast corner of said South two-thirds of Lot 4 in Section
29, Township 12 South, Range 4 West, San Bernardino Base and Meridian; thence
along the East line of said Lot, South OO °OVOO" East, 298.07 feet to the
North line of said South Half of the South Half of the Southwest Quarter of
Section 28; thence along said North line, South 89 °57 1 30" East, 185.48 feet to
a point in the Southeasterly prolongation of the Northeasterly line of the
200.00 foot right of way of the Atchison, Topeka and Santa Fe Railway Company,
as said right of way is shown on the East Half of the Northeast Quarter of
said Section 29 on Record of Survey No. 682, filed in the Office of the County
Recorder of San Diego County, July 28, 1938; thence along said prolongation
South 21 °08'18" East, 730.82 feet to the South line of said South Half of the
South Half of the Southwest Quarter of Section 28.
EXCEPTING THEREFROM that portion as described in Deed to the State of
California, recorded August 29, 1961 as File No. 150325 of Official Records.
PARCEL 2:
Lot 15 of section 33, Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, according to United
States Government Survey approved May 3, 1883.
EXCEPTING THEREFROM all that portion lying Northeasterly and Southeasterly of
a line described as follows:
Commencing at the Southwest corner of Lot 15 of said Section 33, said point
also being the center of said Section 33; thence along the Westerly boundary
thereof, North 01 °38'08" West, 688.33 feet to the TRUE POINT OF BEGINNING;
thence North 51 °43'04" East, 649.00 feet to a point on the Southwesterly
boundary of California State Highway XI-SD-2-B (Inland Route) which is
opposite Engineer's Station 1715+74.50 on the centerline of said State Highway
(said centerline having a bearing of North 28 °09'00" West); thence
Northwesterly along the Southwesterly line of said State Highway to the
Northwesterly line of said Lot 15.
LEGAL DESCRIPTION S .
ORDER NO. 867874-15
PARCEL 3:
Lots 5, 13 and 14 of Section 33, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California,
according to United States Government Survey approved May 3, 1883.
EXCEPTING from said Lots 5, 13 and 14 any portion thereof lying Westerly of
the Easterly line of the Atchison, Topeka and Santa Fe Railway Company right
of way as said right of way existed on March 21, 1947, a portion of said right
of way being further described in Deed to the Atchison, Topeka and Santa Fe
Railway Company, recorded March 21, 1947 in Book 2365, page 202 of Official
Records.
ALSO EXCEPTING THEREFROM all that portion lying Northwesterly and Northerly of
the following described line:
Beginning at a point on the Westerly line of Lot 4 in said Section 33, distant
thereon North 01 °38'08' West, 602.41 feet from the Southerly corner thereof;
thence South 29 °05'45" West, 900.16 feet; thence North 60 °52 1 20" West, 370.99
feet; thence South 89 °33 1 51" West, 791.30 feet to a point on the Easterly line
of the Atchison, Topeka and Santa Fe Railroad Company right of way said line
being a 11,559.2 foot radius curve, concave Southwesterly, a radial line to
said point which bears 71 °22'55" East.
ALSO EXCEPTING THEREFROM all that portion lying Southerly of the following
described line:
Commencing at the intersection of the Southerly line of Lot 19 in said Section
33 with the Easterly line of the existing 200.00 foot right of way of the
Atchison, Topeka and Santa Fe Railway Company (Coast Line); thence along the
Easterly boundary of said right of way, North 15 °01 1 30" West, 1604.41 feet to
the beginning of a tangent 11,559.2 foot radius curve, concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of
01 0 58'52",a distance of 403.06 feet to the Point of Beginning; thence South
89 °l7'46'. East through the most Southerly corner of Lot 5 in said Section 33,
a distance of 1519.40 feet to the intersection with the Easterly line of said
Lot 14.
PARCEL 4:
The North Half of the Northwest Quarter and Lots 5, 6, 13 and 14 in Section
33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to the United States
Government Survey approved May 3, 1883.
EXCEPTING THEREFROM that portion thereof granted to the State of California
for freeway purposes by Deed recorded April 5, 1961 as File No. 58608 of
Official Records.
LEGAL DESCRIPTION .
. ORDER NO. 867874-15
ALSO EXCEPTING THEREFROM all that portion lying Westerly of the Easterly line
of the Atchison, Topeka and Santa Fe Railway Company right of way as said
right of way existed on March 21, 1947, a portion of said right of way being
further described in Deed to the Atchison, Topeka and Santa Fe Railway Company
recorded March 21, 1947 in Book 2365, page 202 of Official Records.
ALSO EXCEPTING THEREFROM all that portion lying Southeasterly and Southerly of
the following described line:
Beginning at a point on the Westerly line of Lot 4 in said Section 33, distant
thereon, North 01 0 38 1 08' West, 602.41 feet from the Southerly corner thereof;
thence South 29 °05'45" West, 900.16 feet; thence North 60 °5220 West, 370.99
feet; thence South 89 °33 1 51" West, 791.30 feet to a point on the Easterly line
of the Atchison, Topeka and Santa Fe Railroad Company right of way, said line
being a 11,559.2 foot radius curve, concave Southwesterly, a radial line to
said point which bears 71 °22 1 55" East.
co/mb
I
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.______________________
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 8day of June , 1984.
by and between
Group VI, Ltd do Sammis Properties
(Name of Developer)
a Limited Partnership , hereinafter referred to as _
(Corporation, partnership, etc.)
"Developer" whose address is
5030 Camino de la Siesta, Suite 100
(Street)
San Diego, California 92108
(City, State, Zip Code)
and Seabluff Associates, Ltd.
(Name of Legal Owner)
a General Partnership , hereinafter referred to as
(Corporation, etc. )
"Owner" whose address is
3 Upper Newport Plaza (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.
Cl
REV 4-2-82
I __ • RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
600 Residential Units of Condominium and Single Family Types.
on said Property, which development carries the proposed name of
BATIQUITOS BLUFF
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 6 th day of
June
19 84_, with the City a request for Tentative Map, Major Planned
Unit Development.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on file with the City
Clerk and incorporated by this reference, and that the City's public
facilities and services are at capacity and will not be available to
accommodate the additional need for public facilities and services
resulting from the proposed Development; and
-2-
REV 4-2-82
. .
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 mobilehotne sites or
-3-
REV 4-2-82
:
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 r'equired by this agreement is paid.
REV 4-2-82
:. . .
4. City agrees to deposit the fees paid pursuant to this
agreement in a --public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
REV 4-2-82
. .
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be 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
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REV 4-2-82
,* '•'•'•: . I
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, Califof'nia as of the date first written above.
OWNER:
SEE ATTACHED SIGNATURE PAGE
(Name) FOR OWNER
(Signature)
(Name)
(Signature)
(Name)
(Signature
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
DEVELOPER:
SANMIS PROPERTIES
TITd VICE PRESIDENT
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
O)SAFECD
TITLE INSURANCE
w
0. STATE OF CALIFORNIA Cl)
COUNTY OF SAN DIEGO SS.
On this the 26th day of June 194_, before me the undersigned, a
a Notary Public in and for said County and State, personally appeared JON D. BRIGGS
> FOR NOTARY SEAL OR STAMP
personally known
th
and acknowledged that he executed the same.
0 to me or proved to me on the basis of satisfactory evidence to be the
c)
(/
person whose nameJ.S.. subscribed to the within instrument
WY PRINCIPAL OFFICE IN
NOTARY PUBLIC - CALIFORNIA
DEE RISAOMER
OFFICIAL SEAL
SAN DIEGO COUNTY LO
Signature of Notary My Commission Expires August 24, 1984
0
.
SI&1tFF 1SS0CIl%WS, A
California General Partnership
By: B-L 130, Ltd., a California
limited partnership
By
Mqkrill L 'pal r ick,
General Partner
STATE OF CALIFORNIA
) SS:
COtJNTYOF
By: Carlsbad 130, Ltd., a California
limited partnership
By Casa Laguna Corporation, a
New York Corporation
By:
H. 13ennetf, President
On jU6 11, , 1984, before me, the undersigned a Notary
Public in and for said County and State, personally appeared Merrill L.
Kirkpatrick, personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instrument as
the general partner of B-L 130, Ltd., a California limited partnership, the
limited partnership that executed the within instrument as general partner
of Seabluff Associates, the limited partnership that executed the within
instrument, and acknowledged to me that such partner and such partnerships
executed the same as such partners.
Witness my hand and official seal.
SEAL:
F
STATE OF CALIFORNIA
)
SS:
COUNTY OF 0/s
)
On 1UN i'? , 1984, before me, the undersigned a Notary
Public in and for said County and State, personally appeared Jack H.
Bennett, personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instrument as
President of Casa Laguna Corporation, a New York corporation, the corpora-
tion therein named, and acknowledged to me that said corporation executed
the within instrument pursuant to its bylaws or a resolution of its board
of directors, said corporation being known to me to be the general partner
of Carlsbad 130, Ltd., a California limited partnership, the limited part-
nership that executed the within instrument as general partner of Seabluff
Associates, the limited partnership that executed the within instrument,
and acknowledged to me that such corporation executed the same as such
partner and such partnerships executed the same as such partners.
Witness my hand and official seal.
SEAL:
Notary blic
RECORDING REQUESTED BYQND )
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.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 8day of June , 19 84
by and between
Group VI, Ltd c/o Sammis Properties
(Name of Developer)
a
Limited Partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
5030 Camino de la Siesta, Suite 100
(Street)
San Diego, California 92108
(City, State, Zip Code)
and Seabluff Associates, Ltd.
(Name of Legal Owner)
a General Partnership , hereinafter referred to as
(Corporation, etc. )
"Owner" whose address is
3 Upper Newport Plaza
(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.
. RECITALS is
WHEREAS, awner is the owner of the real property described on
bit "A", attached to and made a part of this agreement, and
inafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
erty and proposes a development project as follows:
600 Residential Units of Condominium and Single Family Types.
said Property, which development carries the proposed name of
BATIQUITOS BLUFF
is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 6th day of
June
64 ,with the City a request for Tentative Map, Major Planned
Development.
inafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
-tires that the City Council find that all public facilities
---------ssary to serve a development will be available concurrent with
or such development shall not be approved (said element is on
e with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
cil Policy No. 17 dated April 2, 1982, on file with the City
_=k and incorporated by this reference, and that the City's public
lities and services are at capacity and will not be available to
_r,mmodate the additional need for public facilities and services
—:1ting from the proposed Development; and
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. .
WHEREAS, Developer and Owner have asked the City to find that
__,__,___:Dublic facilities and services will be available to meet the future
a=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
—T---jor such services and facilities; and, therefore, Developer and
----tiwner propose to help satisfy the General Plan as implemented by
iouncil Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
------=ovenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public
:--f.acilities fee in an amount not to exceed 2% of the building permit
valuation of the building or structures to be constructed in the
iievelopment pursuant to the Request. The fee shall be paid prior to
z=zhe issuance of building or other construction permits for the
—.---nevelopment and shall be based on the valuation at that time. This
-----ee shall be in addition to any fees, dedications or improvements
_equired pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
ode. Developer and Owner shall pay a fee for conversion of existing
"-uilding or structures into condominiums in an amount not to exceed 2%
f the building permit valuation at the time of conversion. The fee
_or a condominium conversion shall be paid prior to the issuance of a
-ondominium conversion permit as provided in Chapter 21.47 of the
--;arlsbad Municipal Code. Condominium shall include community
--apartment or stock cooperative. The terms "other construction
±ermits", "other construction permit" and "entitlement for use" as
===sed in this agreement, except in reference to inobilehome sites or
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_ 4-2-82
.
.
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 r'equired 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 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.
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REV 4-2-82
. .
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be 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
I/I
—6—
REV 4-2-82
.
0
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, Califof'nia as of the date first written above.
OWNER:
SEE ATTACHED SIGNATURE PAGE
(Name) FOR OWNER
(Signature)
(Name)
(Signature)
(Name)
(Signature)
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
DEVELOPER:
SA1MIS PROPERTIES
BY
TITJ VICE PRESIDENT
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(a
0 >
()
04
CP co
> a)
Lt)
0
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
G)SAFECD
TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On this the 26th day of June ig4_, before me the undersigned, a
Notary Public in and for said County and State personally appeared JON D. BRIGGS
FOR NOTARY SEAL OR STAMP
lie.
personally known
to me or proved to me on the basis of satisfactory evidence to be the
person whose name 1.S subscribed Ia the within instrument
and acknowledged that he executed the same.
Signature of Notary
OFFICIAL SEAL.
DEE RISA OMER '-:j NOTARY PUBLIC. CAliFORNIA
w7 PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires August 24, 1984
. .
SEULUFF ACIAL, A
California General Partnership
By: B-L 130, Ltd., a California By: Carlsbad 130, Ltd., a California
limited partnership limited partnership
)'K(:~
By __________
By Casa Laguna Corporation, a
__________
New York Corporation /
Partner *rill
General partnrtHd eJ,,1/
OF )
(I>ck H. ennet President
SUM
)SS:
COUNTY OF )
on ,3I 6 1 . 1984, before me, the undersigned a Notary
Public in and for said County and State, personally appeared Merrill L.
Kirkpatrick, personally known to me (or proved to ne on the basis of satis-
factory evidence) to be the person who executed the within instrument as
the general partner of B-L 130, Ltd., a California limited partnership, the
limited partnership that executed the within instrument as general partner
of Seabluff Associates, the limited partnership that executed the within
instrument, and acknowledged to me that such partner and such partnerships
executed the same as such partners.
Witness my hand and official seal. 1 ,
•_juuuuTI --_ --uII-u--
SEAL: Vim
j1 'm j J
fYJ l
Notar Public
STATE OF CALIFORNIA )
) SS:
)
On 3Upi 6 11 , 1984, before me, the undersigned a Notary
Public in and for said County and State, personally appeared Jack H.
Bennett, personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person who executed the within instrument as
President of Casa Laguna Corporation, a New York corporation, the corpora-
tion therein named, and acknowledged to me that said corporation executed
the within instrument pursuant to its bylaws or a resolution of its board
of directors, said corporation being known to me to be the general partner
of Carlsbad 130, Ltd., a California limited partnership, the limited part-
nership that executed the within instrument as general partner of Seabluff
Associates, the limited partnership that executed the within instrument,
and acknowledged to me that such corporation executed the same as such
partner and such partnerships executed the same as such partners.
Witness my hand and official seal. / _______ U'IL_)Th
LJ
SEAL:
Notaryublic
Sept. 21, 1984
rb vo 131
CITY OF ARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED FR V (
ADDRESS
A/c. NO. DESCRIPTION AMOUNT
n 131