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Home My WebLink AboutCT 85-03; STEVENS PLANNING GROUP; Tentative Map (CT)I-J-)l, , ". ~ i LAND US"PLANN,INGJ AlpLICATID,N .' o Zone Change o General Plan Amendment III Tentative Tract Map bISCRETIONARY ACTIONS REQUEST DSpecific Plan []Site Development Plan, ClCbnditional Use Permit OVariance CJMajor Planned Unit Development DMaster Plan o Major Redevelopment Permit [JPlanning Commission Determination DSpecial Use Permit o Minor Redevelopment Penni t [JPrecise Development Plan (check other boxes if appropriate) OStructure Relocation KlMajor Condominium Permit Complete Descriptlon, of ProJect (attach addltlonal sneets if necessaryl The conversion to ~(Ynn nmi r,; 11m nf' /.,0 existil1 po anartments and their related recreation on two lots. ,Legal Descriptlon (complete) {Attached) Zone RDM General Plan RMH Assessors Parcel Ntnn5er 204-280-31 EX1Stlng Land Use 40 apartment and related recreation Proposed Zone RDM Proposed General Plan RMH Site Acreage 2.91 acres Owner Name (Print or Type) Lincoln Coastal Tam~rack , Ltd. lMalllhg Address 3991 Ohio Street West, Applicant Name (Prlnt or Type)' . Stevens Planning Gro_up Malllng Address 3320 Kemper street. Suite 204 City and State ,Zip Telephone City and State Zip Telephone' Sa~ Diego, CA ~2104 299-1776 San Diego, CA 92110 223-9833 I CERl'IFY '!HAT I AM '!HE LEGAL <l\NER AND I CERl'IFY '!HAT I AM '!HE CMNER I S REPRESENTATIVE THAT ALL '!HE ABOVE INFORMATION IS TRUE AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE lAND OOJ:<.K.l!iYl.· 'ID '!HE BEST OF MY KNCMLEOOE. AND OORRECT 'ID '!HE BEST OF MY RNOOLEDGE. I. • 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 sur~ounding 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 Amendment: Major $440.00 Specific Plan Tentative Tract Map 1. Application Form 2. General Requirement Items fifteen (15) copies of item A items E-P Minor $ 75.00 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. FOUNDERS TITLE COMPANY 2835 CAMINO nEL RIO SOUTH, SUITE 100 SAN DIEGO, CALIFORNIA 92108 296-8300 MICHEAL D. STEVENS 5029 W. POINT LOMA ROAD SAN DIEGO, CA ATTENTION: MIKE STEVENS PRELIMINARY REPORT YOUR REF: OUR NO.: 200704-1 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS THE DATE HEREOF,' A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBED .THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, L I EN 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 SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) 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 I NSURANCE AND NO L I AB I L ITY I S ASSUMED HEREBY. I F IT I S DES I RED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED: AUGUST 27, 1984 AT 7:30 A. M. TITLE OFFICER N BEARSKIN FJU SCHEDULE "A" ORDER NO. 200704-1 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION GUARANTEE 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: LINCOLN COASTAL TAMARACK WEST LTD., A CALIFORNIA LIMITED PARTNERSHIP THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION I~ OUR NO. 200704-1 SCHEDULE "B" PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: . 1. GENERAL AND SPECIAL COU"NTY AND CITY TAXES FOR THE FISCAL YEAR: 1984-85 2. 3. A LIEN, NOT YET PAYABLE SUPPLEMENTAL TAXES IF ANY PURSUANT TO CHAPTER 49R OF THE STATUTES OF 1983 OF THE STATE OF CALIFORNIA. AN' EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE E,>URPOSE ,~~. STATED HEREIN, ANP FOR INCIDENTAL PURPOSES GRANTED TO RECORDED : RECORDER'S FILE NO.: AFFECTS ABOVE & BELO~ GROUND PUBLIC UTILITIES SAN DIEGO GAS & ELECTRIC COMPANY MARCH 29, 1977 77-113718 OF OFFICIAL RECORDS AS FOLLOWS: THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL BE S IX FEET OR MORE I N WIDTH, BE I NG THREE FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF EACH AND EVERY ELECTRIC UTILITY FACILITIES INSTALLED WITHIN THE AFOREDESCRIBED LANDS ON OR BEFORE MARCH 31, 1978. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY ADDITIONAL ELECTRIC UTILITY FACILITIES. SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." 4. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED JANUARY 6, 1977 AMOUNT $750,000.00 TRUSTOR 666 TAMARACK AVENUE, A LIMITED PARTNERSHIP TRUSTEE MAR VISTA FINANCIAL, INC., A CALIFORNIA CORPORATION BENEFICIARY OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION RECORDED : APRIL 1, 1977 RECORDER'S FILE NO.: 77-119679 OF OFFICIAL RECORDS NOTE: WE FIND NO RECONVEYANCE OF RECORD FOR SAID TRUST DEED. SCHEDULE B CONTINUED NOTICE OF DEFAULT UNDER THE TERMS OF THE ABOVE DEED OF TRUST BY PACIFIC FEDERAL SAVINGS AND LOAN ASSOCIATION, SUCCESSOR TO OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION, BY T. D. SERVICE COMPANY, AS AGENT RECORDED : MAY 24, 1984 RECORDER'S FILE NO.: 84-195251 OF OFFICIAL RECORDS 5. A COVENANT AND AGREEMENT EXECUTED BY 666 TAMARACK AVENUE, A LIMITED PARTNERSHIP IN FAVOR OF THE CITY OF CARLSBAD RECORDED APRIL 4, 1977 AS FILE NO. 77-122031 OF OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS. - --6. SUCH RIGHTS OR EASEMENTS AFFECTING THE PORTION OF SAID LAND HEREIN STATED FOR PUBLIC ROAD AND INCIDENTAL PURPOSES, AS PROVIDED IN AN IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE RECORDED APRIL 4, 1977 AS FILE NO. 77-122032 OF OFFICIAL RECORDS -AFFECTS THAT PORTION OF TRACT 231 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL I FORN I A, ACCORDI NG TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT 231, BEING A -POINT ON THE NORTHWESTERLY LINE OF TAMARACK AVENUE: THENCE SOUTH 61· 21' 00" WEST ALONG SAID NORTHWESTERLY LINE OF TAMARACK AVENUE, A DISTANCE OF 558.35 FEET: THENCE NORTH 28· 39' 45" WEST, A DI STANCE OF 34.00 FEET: THENCE NORTH 61· 21' 00" EAST, PARALLEL TO THE NORTHWESTERLY LINE OF SAID TAMARACK AVENUE, A DISTANCE OF 533.35 FEET TO A POINT OF TANGENCY WITH A 25 FOOT RADIUS CURVE, CONCAVE WESTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90· 00' 45" FOR AN ARC DISTANCE OF 39.28 FEET TO A POINT OF TANGENCY WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF JEFFERSON STREET: THENCE SOUTH 28· 39' 45" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 59.00 FEET TO THE POINT OF BEGINNING. ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT A, ATTACHED THERETO AND MADE A PART THEREOF. 11 7. 8. SCHEDULE B CONTINUED AN EASEMENT FOR UNDERGROUND COMMUNICATION STRUCTURES AND INCIDENTAL. PURPOSES, AS GRANTED TO THE PACIFIC TELEPHONE AND TEL£GRAPH COMPANY . BY DE ED . . -, . RECORDED FEBRUARY 22, 1978 AS FILE NO. 78-070659 OF OFFICIAL RECORDS RECORDER'S FILE NO.: THOSE PORTIONS OF TRACT 231 OF THUM LANDS SUBDIVISION AS SAID TRACT IS SHOWN ON MAP OF SAID SUBDIVISION, FILED FOR RECORD AS MAP NO. 1681 ON THE 9TH DAY OF DECEMBER, 1915, DESCRIBED IN DEED FILED FOR RECORD AT FILE NO. 77-113104 ON THE 29TH DAY OF MARCH, 1977, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE ABOVE DESCRIBED E1\SEMENT SHALL BE LOCATED ON STRIPS OF LAND 5 FEET IN WIDTH IN SAID PROPE~TY, THE CENTER LINES OF WHI~H ARE SHOWN ON EXHIBIT A ATTACHED THERETO AND A PART THEREOF. A DEED OF TRUST STATED HEREIN DATED GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT MAY 20, 1981 AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED : RECORDER'S FILE NO.: $200,000.00 TAMARACK II, A CALIFORNIA LIMITED PARTNERSHIP ALVARADO INVESTMENT CORPORATION, A CALIFORNIA CORPORATION NAIMCO, INC., A CALIFORNIA CORPORATION JUNE 2, 1981 81-170872 OF OFFICIAL RECORDS THE BENEF ICI AL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: GORDON D. GRAMLING AND DOROTHY R. HUSBAND AND WIFE AS JOINT TENANTS, UNDIVIDED 1~.8/200THS INTEREST JUNE 23, 1981 81-195984 OF OFFICIAL RECORDS GRAMLING, AS TO AN THE BENEF I C I AL INTEREST UNDER SAID DEED OF TRUST WAS ASS IGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: DOROTHY D. GOSS, A WIDOW, AS TO AN UNDIVIDED 20/200THS INTEREST JUNE 23, 1981 81-195985 OF OFFICIAL RECORDS 13 SCHEDULE B CONTINUED THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO -. • RECORDED : RECORDER'S FILE NO.: PAUL H._ MOSS, - A MARR I ED MAN AS HIS --S'OLE -AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 16/200THS INTEREST JUNE 23, 1981 81-195986 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: ETHEL BRADLOR MOSS, A MARR I ED WOMAN, SOLE AND SEPARATE PROPERTY, AS UNDIVIDED 25.2/200THS INTEREST JUNE 23, 1981 81-195987 OF OFFICIAL RECORDS AS HER TO AN THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: ROSE DAISEY ORNSTEIN, TRUST NO. 95-6286556 INTERNAL REVENUE TRUSTEE UNDER DECLARATION OF TRUST DATED DECEMBER 14, 1964, AS TO 20/200THS INTEREST JUNE 23, 1981 81-195988 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: EVELYN BECK AND NATHANIEL BECK, MOTHER AND SON, AS JOINT TENANTS, AS TO AN UNDIVIDED 10/200THS INTEREST JUNE 23, 1981 81-195969 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: GERTRUDE SARFAN, A WIDOW, AS TO AN UNDIVIDED 25/200THS INTEREST JUNE 23, 1981 81-195990 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: SAN DIEGO METAL SPARY, INC., PENSION FUND, AS TO AN UNDIVIDED 45/200THS INTEREST JUNE 23, 1981 81-195991 OF OFFICIAL RECORDS 1'1 SCHEDULE B CONTINUED THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT """ " " "" TO DOROTHY GARLAND, TRUSTEE FOR BARRY GARLAND, AS TO AN UNDIVIDED 20/200THS INTEREST RECORDED : JULY 8, 1983 RECORDER'S FILE NO.: 83-232573 OF OFFICIAL RECORDS NOTE: WE FIND NO RECONVEYANCE OF RECORD FOR SAID TRUST DEED. 9. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED .. : ,,:" NOVEMBER 24, 1981 AMOUNT : $548,188.06 TRUSTOR TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE FIRST CENTENNIAL TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY TAMARACK II, A LIMITED PARTNERSHIP RECORDED : DECEMBER 1, 1981 RECORDER'S FILE NO.: 81-376663 OF OFFICIAL RECORDS NOTE: WE FIND NO RECONVEYANCE OF RECORD FOR SAID TRUST DEED. 10. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED DECEMBER 29, 1982 AMOUNT $5,000.00 TRUSTOR NEWLAND ENTERPRISES, INC., A CALIFORNIA CORPORATION TRUSTEE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED : DECEMBER 30, 1982 RECORDER'S FILE NO.: 82-402396 OF OFFICIAL RECORDS NOTE: WE FI~D NO RECONVEYANCE OF RECORD FOR SAID TRUST DEED. I~ 11. SCHEDULE B CONTINUED A DEED OF. TRUST STATED HEREIN DATED GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT AMOUNT TRUSTOR DECEMBER 29, 198? $970,000.00 NEWLAND ENTERPRISES, CORPORATION INC. , A CALIFORNIA TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION TRUSTEE BENEFICIARY RECORDED RECORDER'S FILE TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP • • NO. : DECEMBER 30, 1982 82-402399 OF OFFICIAL RECORDS THE BENEFICIAL COLLATERAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO SUSAN E. MADORI~ A SINGLE WOMAN, AN UNDIVIDED 5.3608% INTEREST RECORDED : DECEMBER 30, 1982 RECORDER'S FILE NO.: 82-402401 OF OFFICIAL RECORDS THE BENEFICIAL COLLATERAL INTEREST UNDER SAID DEED OF TRUST WAS . ASSIGNED BY ASSIGNMENT TO . REAL ESTATE & ECONOMIC RESEARCH, LTD., A DELAWARE CORPORATION, AN UNDIVIDED 5.3608% INTEREST RECORDED : DECEMBER 30, 1982 RECORDER'S FILE NO.: g2-402402 OF OFFICIAL RECORDS THE BENEFICIAL COLLATERAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO BARBARA RUTH BRAND, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, AN UNDIVIDED 5.3608% INTEREST RECORDED : DECEMBER 30, 1982 RECORDER'S FILE NO.: 82-40240, OF OFFICIAL RECORDS . THE BENEFICIAL COLLATERAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO LA JOLLA EQUITIES, AN UNDIVIDED 8.0412% INTEREST RECORDED : DECEMBER ~O, 198? RECORDER'S FILE NO.: 82-402404 OF OFFICIAL RECORDS NOTE: WE FIND NO RECONVEYANCE OF RECORD FOR SAID TRUST DEED. SCHEDULE B CONTINUED 12. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED MAY 22, 1984" AMOUNT $1,700,000.00 TRUSTOR LINCOLN COASTAL TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE PAC I F I C FEDERAL SAV I NGS AND LOAN ASSOC I AT I ON, A CORPORATION BENEFICIARY PACIFIC FEDERAL SAVINGS AND LOAN ASSOCIATION RECORDED : JUNE 1, 1984 RECORDER'S FILE NO.: 84-206752 OF OFFICIAL RECORDS 13. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED MAY 31, 1984 AMOUNT $215,000.00 TRUSTOR LINCOLN COASTAL TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE TITLE INSURANCE AND TRUST COMPANY, A CORPORATION BENEFICIARY TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED : JUNE 1, 1984 RECORDER'S FILE NO.: 84-206753 OF OFFICIAL RECORDS SAID DEED OF TRUST IS SUBSEQUENT IN LIEN TO THE DEED OF TRUST RECORDED : JUNE 1, 1984 RECORDER'S FILE NO.: 84-206752 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: SUSAN E. MADORI, A SINGLE WOMAN, THE SUM OF $23,533.89 REPRESENTING AN UNDIVIDED 10.94599% INTEREST JUNE 1, 1984 84-206754 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: REAL ESTATE AND ECONOMIC RESEARCH, THE SUM OF $12,627.94 REPRESENTING AN UNDIVIDED 5.87346% INTEREST JUNE 1, 1984 84-206755 OF OFFICIAL RECORDS '1 SCHEDULE B CONTINUED THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO RECORDED : RECORDER'S FILE NO.: BARBARA RUTH BRAND, A MARR I ED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, THE SUM OF $23,533.89 REPRESENTING AN-UNDIVIDED 10.94599% INTEREST JUNE 1, 1984 84-206756 OF OFFICIAL RECORDS 14. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED MAY 29, 1984 AMOUNT $441,680.00 TRUSTOR LINCOLN COASTAL TAMARACK WEST, LTD., A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE -COMMONWEALTH. LAND TITLE INSURANCE COMPANY, A "PENNSYLVANIA CORPORATION BENEFICIARY MISSION VALLEY LTD., A CALIFORNIA LIMITED PARTNERSHIP, AS TO AN UNDIVIDED 48.49% INTEREST, AND NEWLAND ENTERPRISES, INC., AS TO AN UNDIVIDED 51.51% INTEREST RECORDED : JUNE 1, 1984 RECORDER'S FILE NO.: 84-206757 OF OFFICIAL RECORDS SAID TRUST DEED RECITES: THIS DEED OF TRUST IS THIRD AND -SUBSEQUENT IN LIEN TO A FIRST AND SECOND TRUST DEED RECORDING CONCURRENTLY HEREWITH. 15. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED EVIDENCE THAT LINCOLN COASTAL TAMARACK WEST , LTD., IS A LIMITED PARTNERSHIP IN EXISTANCE AND COMPLIANCE WITH THE REVISED LIMITED PARTNERSHIP ACT OF THE STATE OF CALIFORNIA. IF SAID LIMITED PARTNERSHIP DOES NOT DESIRE TO BE GOVERNED BY SAID ACT THIS COMPANY REQUIRES THAT THE GENERAL PARTNER(S) CONFIRM TO THE COMPANY, IN WRITING THAT: (A) THE LIMITED PARTNERSHIP HAS NOT ELECTED TO BE GOVERNED BY THE CALIFORNIA REVISED LIMITED PARTNERSHIP ACT ANn, - (B) THE CERTIFICATE OF LIMITED PARTNERSHIP PREVIOUSLY RECORDED IN THIS COUNTY CONTINUES TO BE ACCURATE AND UP TO DATE. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT SECOND INSTALLMENT 1983-84 9000 204-280-31 $600,000.00 $1,400,000.00 $11,207.11 PAID $11,207.11 PAID 18 DESCRIPTION PARCEL A1: THAT PORTION OF TRACT 231 . OF THE THUM LANDS, IN THE CITY" OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 231; THENCE NORTH 28-39' WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 226.8 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED TO THE CARLSBAD UNION SCHOOL DISTRICT BY DEED DATED OCTOBER 5, 1955 AND RECORDED IN BOOK 5834, PAGE 140 OF OFFICIAL RECORDS; THENCE SOUTH 61-21" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 422.05 FEET .. TO THE MOST -SQUTHERLY CORNER THEREOF; THENCE SOUTH 28-39' EAST, 226.8 FEET TO THE SOUTHEASTERLY .. LINE. OF SAID TRACT 231; THENCE NORTH 61-21" EAST ALONG SAID SOUTHEASTERLY LINE, 422.05 FEET TO THE POINT OF BEGINNING. PARCEL A2: THAT PORTION OF TRACT 231 OF THE THllM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61-21' WEST, 422.05 FEET FROM THE INTERSECTION WITH THE WESTERLY LINE OF JEFFERSON STREET; THENCE NORTH 28-39' WEST, 226.80 FEET; THENCE SOUTH 61-21' WEST, 136.30 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GREGORY W. LOSA AND KATHERINE J. LOSA, HUSBAND AND WIFE, RECORDED MARCH 11, 1958 IN BOOK 6989, PAGE 33 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO LOSA, SOUTH 28 -39' EAST, 226.80 FEET TO THE SOUTHEAST CORNER THEREOF BE I NG ALSO A PO I NT ON THE NORTHERLY LINE OF SAID TAMARACK AVENUE: THENCE NORTH 61-21' EAST ALONG SAID NORTHERLY LINE, 136.30 FEET TO THE POINT OF BEGINNING. If SCHEDULE I CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascer- tained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented. mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance . thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (includ- ing but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions OT lOcation of any improvement now or hera-:' after erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi· nance or governmental regulation. 8. Rights of eminent domain or governmental rights of pOlice power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this . policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for value without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLlCY-1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: T_1r.. 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: _ to any land outside the area specifically described and referred to in Item 3 of _Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE I (Continued) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10·17·70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit- ing a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola- tion of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim- ant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to"any statutory lien for labor or material 'or to the extent insurance is afforded herein as to assessments for street improvements under construction or 90mpleted at Dafe 'of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 (AMENDED 10·17·70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or locatioil of any improvement now or hereafter erected on the land, or prohibit- ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appear in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 21 ~ . . ...J Ct -1 0 cr )5-( iN ~ ::~~.3!!"E ~f:-~;J4 ~ -co ~.~ ~ -~~ J[FFEF\S~N ELEMENTARY SCHOOL -1\ 6\SCUS /71 Zil "1(. ·(;M ~ -L CARLSBAO ~. 81'229~23 "- E£ SHT 2) § 6 rf 2.29AC ,25N5 S.34-.!J·E" ~1-~c :r. ("t1 ~ r . f 3·'5 @) 300AC .n; ,,7 @ 7.00AC. I j ST. @ 2.91 AC. i l LINMAR LN , ~. • 204-28 ~ SHT I OF 3 /,,10: ZOD 0 D~T t..IL NO SCALE 6-<.1 =-_: /"J. A , ~------------.-~ CHANGES S' ... t<. OLD! ~"(i:i~"i :3 .i.93.:: iZ ~~~: 4 i"'';'4 7,; :55'9:} I i RES FOR FUT 51 CONOM ( SEE SHT. 3 ) ROYAL CA~LSBAO I DOC 83-048311 NO ACCESS '~lle this plat is believed to be correct, the company assumes no liability for any less, occuring by ~eason of rel~ance thereon~ff L. ____________ -__ . , ~ .0 • :0 '): MAP 9825 -CARLSBAD TCT 76-" UNIT NO 2(CONDM) MAP8615-CARLSBAD-TCT 70-11 UNIT NO.1 MAP 1€81-THUM LANDS-TCT231 -, « \ ........ .:: ; ~ , ROS· 842 ("t1 DATE: 2/2-~PS TO ~ Planning Department / Engineering Department FROM: Fire Department CONDITIONS FOR PROJECT II S [) f' f 7'" -3 (/7) 7. cD 9. 11. STANDARD CONDITIONS Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies'of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives to the Fire Marshal for approval. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas. ADDITIONAL CONDITIONS/COMMENTS 23 -, CITY VI": CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 _? .6 438-5551 R,CEOV'D FROM L \A r" \ V\ C=. mlDATE . / /2418,~ ." \' 'tv\-' \', k. C\dl~ .. 1 'C-~-;;~L'itDI'32~~OO t't ADDRESS (\, C eeL.-e ~ ) A Ic. NO. DESCRIPTION AMOUNT . -(:).9(-::S1or-~V\dc::.\-~\\-A.-\..\-5~-3o' -BJQ,O)I -..,-'> • -\P\,\~C\irLe_ \ \aC+~{4-P '1'5 -'. - '. " . , . , 46194 ....! .i¥< TOTAL LAURIE PRICE STEVENS PLANNING GROUP, INC. Land Use Consultants 1619) 223-9833 3320 Kemper St .. St 2 e. 04, San o,ego, CA 92110 , 1:1'i-S - I .2, ~ J.f a.ttar tne ,t.hat further ~n..::orma'c~on yuu .j.:j,,,1::1 SU ..... IJ._-l..l::!U ... las .oean information is required,· you will be so e· , APPLICANT: Lincoln, Coastal Tamarack We-st, Ltd. Name, (individual, partnership,. joint venture, corporation, syndication) AGENT: l-IEI-lBEBS : 3991 Ohio Street San Diego, Business Address 299-1776 Telephone Number S-tevens Planning Group Name 3320 Kemper Street, :Sui te 204 Business Addres~ . 223'-9833· -. Telephone Number' Name '(inqividual, partner, joint _ . venture, corporation, syndication) Business Address Telephone N~~r 3~siness Address ~elephone Number CA 92104. San Diego-, -CA 92110 .' Home ~.ddress Telephone Number Home Address Telephone ~lumber See .a tta Ched 1 j st-owpers of the Limited Partnership ______ ~ _____ _ (Attach more sheets if necessary) I/We decla:e under. penalty of perjury that the information contained in tnis dis- closure is tr..re and correct and that it will remain true and cor~ect and may be' relied upon as being true and correct until amend 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 th~ time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council &ction and f~lly 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. Signature ~ Laurie Price Name (Print) Stevens Planning Group - FORM: PLANNING 37, REVISED 3/80 IS Ii j3-- Date Agent Relationship to Application (Property Owner-Agent) Io..-_________________________________ ~ __________________ _ 'i DESCRIPTION PARCEL A 1: THAT PORTION OF TRACT 231 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 231: THENCE NORTH 28" 39' WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 226.8 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED TO THE CARLSBAD UNION SCHOOL DISTRICT BY DEED DATED OCTOBER 5, 1955 AND RECORDED IN BOOK 5834, PAGE 140 OF OFFICIAL RECORDS; THENCE SOUTH 61· 21" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 422.05 FEET TO THE MOST SOUTHERLY CORNER THEREOF: THENCE SOUTH 28" 39' EAST, 226.8 FEET TO THE SOUTHEASTERLY LINE OF SAID TRACT 231: THENCE NORTH 61" 21" EAST ALONG SAl D SOUTHEASTERLY LINE, 422.05 FEET TO THE POINT OF BEGINNING. PARCEL A2: THAT PORTION OF TRACT 231 OF THE THlIM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, F I L ED I N THE OFF I CE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61" 21' WEST, 422.05 FEET FROM THE INTERSECTION WITH THE WESTERLY LINE OF JEFFERSON STREET: THENCE NORTH 28" 39' WEST, 226.80 FEET: THENCE SOUTH 61· 21' WEST, 136.30 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GREGORY W. LOSA AND KATHERINE J. LOSA, HUSBAND AND WIFE, RECORDED MARCH 11, 1958 IN BOOK 6989, PAGE 33 OF OFFICIAL RECORDS: THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO LOSA, SOUTH 28" 39' EAST, 226.80 FEET TO THE SOUTHEAST CORNER THEREOF BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID TAMARACK AVENUE: THENCE NORTH 61" 21' EAST ALONG SAID NORTHERLY LINE, 136.30 FEET TO THE POINT OF BEGINNING. o. • , ' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) I-I-(J~ CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above t~is line for Recorder's use Documentary transfer tax: $ No fee . 7uZ~. Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 204-280-31 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is e.ntered into this Lday of .rtt;./ by and between Lincoln Coastal Tamarack West, Ltd. (name of developer-owner) aCalifornia Limited Partnership (Corporation, partnership, etc. , hereinafter referred to as "Developer" whose address is 39{1 Ohio Street street) 19 rg'~ San Diego. CA 92104 and T'!-IE 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. WIT N E SSE 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: 40 condominum dwelling units REV 4-2-82 I .. e e on said Property, which development carr1.es the proposed name Tamarack West and 1.S hereafter referred to as '''Development'' ; and WHEREAS, Developer filed on the _Lday of 19~ with the City a request for a tentative map and major condominium permit for 40 dwelling units. hereinafter referred to as "Request"; and of 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 i~ 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 serV1.ces are at capacity and will not be available to accommodate the additional need for public facilities and serV1.ces 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 2. NOW, THEREFORE, in consideration of the recitals and the covenants contained h9rein, the parties agree as follows: 1. The Developer 8hall 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 shail 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 Mupicipal Code. Developer shall ~ay 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. If the building or park being converted was constructed before August 29, 1979, the fee to be paid shall be limited to 2% of the total cost of any new construction, renovation, remodeling, or other work done or proposed to be done as a part of the conversion including, but not limited to, accessory buildings or structures, storage area, club houses, and garages. The City Manager shall estimate the cost of such work and the fee to be paid shall be based on that estimate. If the building or park being converted was constructed after August 29, 1979, a fee of 2% of building permit valuation at the time of construction shall be paid plus a fee of 2% of the building permit valuation of any new construction done as a part of the conver~i-on. 3 Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreem ent, except in reference to m obilehome sites or proj ects, 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. 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. S u c h d e t e r min a t ion, w hen mad e , s hall b e com epa r-t 0 f t his agreement. Sites donated under this paragraph shall not include improvements required pursuant to Title 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 Ci ty'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 fa~ilities fee ~equi~~d 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 th~s 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 E;lvidence 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 be 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 5 attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or be depositing 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 insure 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 re s p e c t i v e s u c c e s so r s an d as sign p wit h ou t sp e c if i c men t ion 0 f such successors and assigns. ,If Developer sliould 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. :i r 0-:c e? Q) c: t: «l Q. -'-(Xi ..... I ~ v ~ ~ C1! ~ IN WITNESS WHEREOF, this agreement ~s executed ~n San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California T.j nco J nCo a s t. a J Ta mar a c k We s t J Ltd. (n ame) BY Jeffrey E. Horvitz BY ----C~i~t-y~M~a-n-a-g--e-r---------------- ~~~~~~~~~~~~~~~~~~~~)General Partner I ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., f"'~ f-u At-... -. .... __ •• STATE OF CALIFORNIA } S D1 $ COUNTY OF an ego On 1-14-85 , before me, the undersigned, a Notary Public in and for said State, personally appeared ..... _____ _ Jeffrey E. Horvitz known to me to bp."'-_-'O""n=e'--____ of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership execute the same. WITNESS my hand and official seal. Signature ~1t£C: A. ~ R'E;.Ne. A. Co)( Name (Typed or Printed) Ia WESTERN MUTUAL ESCROW CORPORATION FOR NOTARY SEAL OR STAMP OFFICIAL SEAL RENE' A COX NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUtflY My comm. expires SEP 5, 1987 7 Exhibit A DESCRIPTION PARCEL A 1: THAT PORT.JON OF TRACT. 23-1 OF THE -THUM LANDS, IN THE CITY. OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOR'DING' TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 231: THENCE NORTH 28' 39' WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 226.8 FEET TO THE MOST EASTERLY CORNER OF LAND CO"VJ'ID TO THE CARLSBAD UNION SCHOOL DISTRICT BY DEED DATED OCTOBER 5-, 1955 AND RECORDED IN BOOK 5834, PAGE 140 OF OFF I C I AL RECORDS: THENCE SOUTH " 61' 21H WEST ALONG THE SOUTHEA~TERLY LINE OF SAID LAND, 422.05 FEET TO THE MOST SOUTHERLY CORNER THEREOF: THENCE SOUTH 28' 39' EAST, 226.8 FEET TO. THE SOUTHEASTERLY LINE" OF SAID TRACT 231: THENCE NORTH 61' 21H EAST ALONG SAID SOUTHEASTERLY LINE, 422.05 FEET TO THE POINT OF BEGINNING. PARCEL A2: THAT PORTION OF TRACT 231 OF THE THlIM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61' 21' WEST, 422.05 FEET FROM THE INTERSECTION WITH THE WESTERLY LINE OF JEFFERSON STREET: THENCE NORTH 28-39' WEST, 226.80 FEET: THENCE SOUTH 61' 21' WEST, 136.30 FEET, MORE OR lESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GREGORY W, LOS A AND KATHERINE J, LOSA, HUSBAND AND WIFE, RECORDED MARCH 11, 1958 IN BOOK 6989, PAGE 33 OF OFFICIAL RECORDS: THENCE ALONG THE NORTHEASTERLY LINE OF SA I 0 LAND CONVEYED TO LOSA, SOUTH 28' 39' EAST I 226.80 FEET TO THE SOUTHEAST CORNER THEREOF BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID TAMARACK AVENUE: THENCE NORTH 61' 21' EAST ALONG SAID NORTHERLY LINE, 136.30 FEET TO THE POINT OF BEGINNING. 8 I • PLANNING APPLICATION CHECKLIST ITEM REQUIRED . ENCLOSED ./ NOT ENCLOSED . (WHY) Tentative Map // / A Site Plan // ~ B Landscape Plan / .;/ ~~ /7j?~ C Bldg. Elevation; // / ~~ D 8~ Site Plan // () W/t:.? /fllf/L-E / 8~ Location // / F EIA / jI/()l/(yY G ./ PFF / V H Disclosure StInt / ~ I Property CMners / 7 J ./ / 300' Map ~ / K / School letter ./ 1v1/t/ L / PTR // ~ M Sewer / N / , Colored Exhibit ~ 0 / Stmt of Ag~t /' P ~ECEIPT NO. DATE· ;;4. '2-/tr--! 7 CASE NO.: Cr ~-3 /Ce-3tJf/ DAm ROCEIVED: I /22./ B.s- APPLtC1\NT: ~ ~ ~ --,+--,1---- REQUEST: 40~ ~.~ ~ ENVIRONMENTAL EXEMPT OR EXCEPTED: Posted: -------------------------- ----------------Prior Cornpliance: __________ _ Filed: NEGATIVE DECIARATIOO: ------------------------- Published: ----- Filed: Posted: Published: Notice of Detennination: ------------------------------ ENVI~ IMPACT REPORT: Notice of -------=-==No-ti:-"1·..-ce--o-f::O-- Preparation:________________ Conpletion: ______ _ Notice of Determination: ------- PLANNING ro1MISSIOO 1. Date of Hearing: ________________ _ 2. Publication: ------------------------- 3. Notice to Property CWners: ------------ 4. Resolution No. Date: ACTION: --------------------------------------- (Continued to: ---------------------- 5. Appeal: ------------------------- CITY COUNCIL 1. Date of Hearing: ------------------ .2. Notices to City Clerk: -------------- .3 • Agenda Bill: ------------------- -4. Resolution No. Date: ACTION: ----------------------------------------- 5. Ordinance No. Date: ------------------------------ CORRESPaIDENCE Staff Report to Applicant: _____________ _ Hesolution to Applicant: ___________ _ L9 -- gg " '. ~ -- u -tl. ~ o lU a:: w >-o u 11l w I-<1 ~ o ?; \ tOW Z 11l-wCl. 1->-4.w ua: 55 ZI_ '<, .. ...-/ -----, -,--.---" ..... ----..... -••• --....-•• --+ .... -- I t,ii"'l'lf\v'd l'-' ~ArJ3 eN !lSI X3 ;\1\ "iN \:13 i 'V'''M J~" ,99N"\:lS IX3 -:::::::r H i V0'm'~--d' :)A',g' 9N I ti)" rtir:.i ()~ -.lQ 10 c'{ • \ d • . ~.' l, " \t " ~ ~ ~ ~ ~ ~ \1 • ~ ~ ~ ~ ~ ~ \ij ~ q V) .. .. ~ Cre'ek""'" '.' -----... \ '--. '--... ( ~-----~-------------------~------ :-',<:,::,~//t:i~'i ,.: ;,;:'; '_;;;~';-;:~1""\ .. . ,t <'~;~' ," -~ ; ': " I T.~ ~, .. :' ... " '. ( .. - . :b'~~'~~r", .1,< ,.;. > • -:,-, ''"! ~ ~ ~~i~ :~l:: ,~)~~~~:: :7~' :'~i~~~)~f';' -.. ~:~~t r ,,- '" ".' ", i ti , ~, ~ w fi i ~ .Q 1+ ~ ~ 6 ,\ lSi -~ -', ,