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HomeMy WebLinkAboutCT 85-11; VISTA SANTA FE; Tentative Map (CT)SE NO.: T c // DATE RECEIVED : APpLIcQ F 1---1 -Q-~ ct Prior Compliance: Published:________ Filed: Filed: NEGATIVE DERATIC:__________________________ Posted: _- Published: )5 Notice of Determination: ENVIPCNBL IMPACT REPORT:___________________ Notice of Notice of Notice of Preparation: Completion: Determination: PLANNING C1MISSION 1. Date of Hearing: 1 - 2. Publication: (o- I:5- R5 3. Notice to Property ners:(p - 4. Resolution No. CQ45LI (Continued to:___________________________ Date: ACTION: tppmued? u/a fiae1 CITY COUNCIL 1. Date of Hearing:_______________________ 2. Notices to City Clerk: 3. Agenda Bill:____________________________ 4. Resolution No. 817 5. Ordinance No._____________________________ CORRESPONDENCE Staff Report to Applicant:___________________ Resolution to Applicant:______________________ Date:____ Date: WAM that further information is requirea, you wiJ.i ne so aavise 0 Datelo Incorporation - 3/13/84 APPLICANT: Homes by Polygon, A California Corporation, I.D.#33-0032731 iName (individual, partnership, joint venture, corporation, syndication) - AGENT: 3152 Redhill Avenue, Suite 100, Costa Mesa, CA 92626 Business Address (714) 557-4260 Telephone Number - Russell F. Padia, Executive Vice-President Name 3152 Redhill Avenue,- Suite 100, Costa Mesa, CA 92626 Business Address (714) 557-4260 Telephone Number MEMBERS: Name (individual, partner, joint . Home Address venture, corporation, syndication) Business Address - Telephone Number Telephone Number - 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. - Homes by Polygon Applicant --- /' -4Y Russell F. (-Agent,Jwner, Parnr' - . FOUNDERS TITLE COMPANY - 1843 HOTEL CIRCLE SOUTH, SUITE 100 SAN DIEGO, CALIFORNIA 92108 (619)296-8300 AMENDED PRELIMINARY TITLE REPORT HOMES BY POLYGON 3152 REDHILL, #100 COSTA MESA, CALIFORNIA Attention: RUSS PADIA Your Ref: PHASE C Our No.: 200963-1 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, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE-COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN 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 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: February 15, 1985 at 7:30 A. M. f j u F] . SCHEDULE "A" ORDER NO. 200963-1 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: BASE REPORT - PHASE C 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: DAON CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR IN INTEREST BY MERGER OF LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION 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 . . DESCRIPTION Being a portion of Parcel "A" of Certificate of Compliance recorded as Document No. 82-207276 dated July 2, 1982, together with a portion of Parcel 2 of the Certificate of Compliance recorded as Document No. 81-213344 dated July 7, 1981 all in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof: Beginning at the Northeast Corner of Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of the Recorder of said County being a point on the Northerly right- of-way line of Calle Barcelona shown and dedicated on said Map; thence along said Northerly line North 62 0 54' 43" West 133.79 feet to the beginning of a tangent 430.00 foot radius curve con- cave Southerly; thence Westerly along said curve through a central angle of 27 ° 22' 11" an arc distance of 205.41 feet; thence South 89 0 43' 06" West 45.56 feet to the beginning of a tangent 390.00 foot radius curve concave Northerly; thence Westerly along said curve and said Northerly right-of-way as dedicated on.said Map 10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map No. 10898 on file in the Office of the Recorder of said County through a central angle of 13° 39' 36" an arc distance of 92.98 feet; thence North 76 0 37' 18" West 58.96 feet to the beginning of a tangent 458.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 34° 11' 34" an arc distance of 273.32 feet; thence North 42 ° 25' 44" West 204.75 feet to the beginning of a tangent 25.00 foot radius curve concave Easterly; thence Northerly along said curve through a central angle of 90 0 00' 00" an arc distance of 39.27 feet to a point on the Easterly right-of-way line of Rancho Santa Fe Road as dedicated on said Map No. 10898; thence along a prolongation of a radial line to last mentioned curve North 42 0 25' 44" West 34.24 feet to a point on the centerline of Road Survey No. 454; thence leaving the boundary of said Map No. 10898 along the centerline of said Road Survey No. 454 and the Westerly boundary of said Parcel "A" North 47 0 37' 36" East 550.35 feet to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly; thence Northeasterly along said curve through a central angle of 28 ° 31' 51" an arc distance of 497.96 feet; thence North 19 0 05' 45" East 698.37 feet to the intersection with the centerline of Mision Estancia and Road Survey 454 as shown on Map No. 9958 on file in the Office of the Recorder of said County; thence along said cen- terline of Mision Estancia and the Northerly line of said Parcel "A" South 75 0 06' 07" East 239.10 feet to the beginning of a tangent 1000.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 07 0 36' 07" a distance of 132.68 feet; thence South 67° 30' 00" East 1000.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 18 0 35' 17" a distance of . . DESCRIPTION CONTINUED 324.42 feet to a point, a radial line to said point bears South 030 54 1 43" West as shown on said Map No. 9958; thence leaving said centerline and along the Northerly and Westerly boundary line of said Map No. 9958 the following courses: South 03 0 54' 43" West 42.00 feet to a point on a 1042.00 foot radius curve concave Northerly to which a radial line bears South 03 0 54' 43" West; thence Westerly along the arc of said curve through a central angle of 050 54' 34" a distance of 107.47 feet to a point of cusp with a 25.00 foot radius curve concave Southwesterly to which a radial line bears North 09 0 49' 17" East; thence Southeasterly along the arc of said curve through a central angle of 87 0 02' 43" a distance of 37.98 feet; thence tangent to said curve South 06 0 52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 28 0 54' 00" a distance of 317.77 feet; thence tangent to said curve South 22 0 02' 00" East 66.48 feet to the beginning of a tangent 20.00 foot radius curve concave Westerly; thence Southerly along said curve through a central angle of 90 0 00' 00" an arc distance of 31.42 feet; thence South 67 0 58' 00" West 121.06 feet to the beginning of a tangent 400.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 17 0 51' 02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West 9.69 feet to the beginning of a tangent 370.00 foot radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 16° 56' 41" an arc distance of 109.42 feet; thence South 67 0 03' 39" West, 144.79 feet to the beginning of a tangent 730.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 17 0 21' 11" an arc distance of 221.09 feet; thence South 49 0 42' 28" West 370.82 feet to the beginning of a tangent 520.00 foot radius curve concave Northerly; thence Westerly along said curve through a central angle of 67 0 22' 49" an arc distance of 611.52 feet; thence North 62 0 54' 43" West 39.00 feet to the Point of Beginning. . . Order No. 200963-1 SCHEDULE B PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1984-1985. First Installment: PAID Second Installment: PAID 2. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, as amended. 3. A right of way and incidents thereto for public road purposes as granted to the County of San Diego by deed Recorded: January 21, 1930 File No.: Book 1737, Page 4 of Deeds Affects: 60 feet in width over Road Survey No. 454 4. The right to extend and maintain drainage structures and excava- tion and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance, as granted to the County of San Diego Recorded: February 16, 1967 File No.: 21426 and 21427, both of Official Records 5. An easement for the purpose shown below and the rights incidental thereto as set forth in a document Granted to: The City of Carlsbad Purpose: Public road and slope right Recorded: July 14, 1977 File No.: 77-281161 of Official Records Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construc- tion and maintenance. . . SCHEDULE B CONTINUED: 6. An easement for the purpose shown below and the rights incidental thereto as set forth in a document Granted to: San Diego County Flood Control District, Zone 1 Purpose: Flood drainage channel Recorded: October 22, 1980 File No.: 80-350521 of Official Records Affects: As follows: Portions of Lots 4, 5, 8, and 9 of the Rancho Las Encinitas, in the County of San Diego, State of California, according to Map thereof No. 848, on file in the Office of the County Recorder of San Diego County, together with that portion of fractional Section 6, Township 13 South, Range 3 West, San Bernardino Base and Meridian, in said County. 7. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $40,378,689.71 Dated: March 10, 1981 Trustor: LA COSTA LAND COMPANY Trustee: TITLE INSURANCE AND TRUST COMPANY Beneficiary: RANCHO LA COSTA, INC., a Nevada cor- poration Recorded: March 10, 1981 File No.: 81-072863 of Official Records Affects: Parcel A An assignment of the beneficial interest under said deed of trust which names As Assignee: The Trustees of Central States, Southeast, and Southwest Areas Pension Fund Recorded: February 26, 1983 File No. 82-053120 of Official Records An Agreement to modify the terms and provisions of said deed of trust as therein provided Recorded: January 18, 1983 File No.: 83-100781 of Official Records I SCHEDULE B CONTINUED: 8. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: None Shown Dated: March 10, 1981 Trustor: LA COSTA LAND COMPANY Trustee: TITLE INSURANCE AND TRUST COMPANY Beneficiary: THE TRUSTEES OF CENTRAL STATES, SOUTHEAST, AND SOUTHWEST AREAS PENSION TRUST Recorded: March 10, 1981 File No.: 81-072862 of Official Records Affects: Parcel A Said Deed of Trust has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded: February 28, 1983 File No.: 83-063016 of Official Records Subordinated To: Deed of Trust Recorded: March 10, 1981 File No.: 81-072863 of Official Records An Agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Daon Corporation, a Delaware Corporation Recorded: March 30, 1983 File No.: 83-100780 of Official Records An Agreement to modify the terms and provisions of said deed of trust as therein provided Recorded: February 28, 1983 File No.: 83-063017 of Official Records An Agreement to modify the terms and provisions of said deed of trust as therein provided Recorded: November 10, 1983 File No.: 83-409715 of Official Records SCHEDULE B CONTINUED: 9. An Agreement to which reference is hereby made for full par- ticulars Dated: July 8, 1981 By and Between: Daon Corporation and The' City of Carlsbad, a municipal corporation Regarding: Public facilities fees Recorded: September 8, 1981 File No.: 81-286838 of Official Records The exact location of said easement is not disclosed of record. 10. An Agreement to which reference is hereby made for full par- ticulars Dated: June 1, 1982 By and Between: Daon Corporation and The City of Carlsbad Regarding: Payment of a public facilities fee Recorded: June 16, 1982 File No.: 82-185683 of Official Records 11. An Agreement to which reference is hereby made for full par- ticulars Dated: August 18, 1982 By and Between: Daon Corporation and The City of Carlsbad Regarding: Drainage plan Recorded: October 25, 1982 File No.: 82-327302 of Official Records 12. An Agreement to which reference is hereby made for full par- ticulars Dated: December 15, 1982 By and Between: Daon Corporation and The City of Carlsbad, a municipal corporation Regarding: Payment of a public facilities fee Recorded: January 7, 1983 File No.: 83-006312 of Official Records 13. An Agreement to which reference is hereby made for full par- ticulars Dated: September 8, 1983 By and Between: Daon Corporation and The City of Carlsbad Regarding: Payment of a public facilities fee Recorded: September 21, 1983 File No.: 83-337167 of Official Records n 0 SCHEDULE B CONTINUED: 14. An Agreement to which reference is hereby made for full par- ticulars Dated: November 10, 1983 By and Between: Daon Corporation, a Delaware cor- poration and The Polygon Corporation, a Washington cor- poration Regarding: Memorandum of option to purchase Recorded: November 10, 1983 File No.: 83-409716 of Official Records 15. An Agreement to which reference is hereby made for full par- ticulars Dated: December 5, 1983 By and Between: Daon Corporation and The City of Carlsbad, a municipal corporation Regarding: Payment of a public facilities fee Recorded: January 21, 1984 File No.: 84-025423 of Official Records 16. Covenants, Conditions and Restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded March 9, 1984 File No. 84-086158 of Official Records Said covenants, conditions and restrictions provide that a viola- tion thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 17. An Agreement to which reference is hereby made for full par- ticulars Dated: February 28, 1984 By and Between: Daon Corporation and The City of Carlsbad, a municipal corporation Regarding: Payment of a public facilities fee Recorded: April 6, 1984 File No.: 84-126622 of Official Records a SCHEDULE B CONTINUED: 18. An Agreement to which reference is hereby made for full par- ticulars Dated: February 23, 1984 By and Between: Daon Corporation and The City of Carlsbad, a municipal corporation Regarding: Payment of a public facilities fee Recorded: April 17, 1984 File No.: 84-140525 of Official Records 19. A Certificate of Compliance (Conditional) Issued by: City of Carlsbad Recorded: September 21, 1984 File No.: 84-358889 of Official Records TAX INFORMATION: Fiscal Year: 1984-1985 Code Area: 9045 Parcel No.: 255-031-09 Land: $2,232,099.00 First Installment: $12,095.52 PAID Second Installment: $12,095.52 PAID 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 day of 19 by and between Homes by Polygon (Name of Developer) a corporation hereinafter referred to as (Corporation, partnership, etc.) "Developer t ' whose address is 3152 Redhill Avenue, Suite 100 (Street) Costa Mesa, CA 92626 (City, State, Zip Code) and Daon Corporation Name of Legal Owner a Corporation , hereinafter referred to as (Corporation, etc.) "Owner" whose address is 4350 Von Karmen, Suite 100 (street) Newport Beach, CA 92660 City, State, Zip Code the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 RECITALS 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: Residential snhdivir)n composed of 156 single family dwelling units. on said Property, which development carries the proposed name of Vista Santa Fe, Parcel "C" and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for 156 Lot subdivision hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 . I WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the, issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome 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 mohilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. EVE REV 4-2-82 . fl 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing; and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 S 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. f/f I/I I/I I REV 4-2-82 OWNER: DEVELOPER: Daon Corporation Homes by Polygon (Uame 1i~7_- n Aa' I ~~ (Signature) TITLE Executive Vice.Presdent BY 1 E. Abee BY Russell F. Padlia (liarne) nt/Chief Financial Officer . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. STATE OF CALIFORJ'JIA }ss. COUNTY OF__2L 19__-_----- - 19 Q before me, the undersigned, a Notary Public in and for said State, personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_ iLL.0 e__-President XXXXXXXXXXX on behalf oL__ DAON CORPORATION the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directois. 5) I- C Cs C) co U ( OFFICIAL SEAL MARCIA A. BROWN Notary Public - California -. ORANGE COUNTY My Commission Expires Oct 1, 1985 a municipal e ia c'i CD I C' 10 10 CO WlTF1ESS- hand and official seal. signature. - . . Marcia A. Brown (This area for official notarial seal) (Notarial acknowledgement of execution byDEVELOPER and OWNER must be a t t a STATE OF CALIFORNIA ISS. COUNTY OF Orange On this 22nd day of January ,j985 ,before me, the undersigned, a Notary Public in and for said County and State, personally appeared R.F. Padia personally known tome (or proved tome on the basis of satisfactory evidence) to be the ExecutiveVice President,arid Michael E. Abee personally known to me (or proved to me on the basis of satisfactory evidence) to be the C.F .0and Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, OFFICIAL SEAL pursuant to its by laws, or a resolution of its Board of Directors. AGNES DEMPSTER Notary Public California WITNESS my hand and official seal. - ORANGE COUNTY I 4/L My Commission Exp. 4/22/88 (J Notary siature a - (This area for official seal) REV S . EXHIBIT "A" LEC,AL DESCRIPTION Being a portion of Parcel "A" of Certificate of Compliance recorded as Document No. 82-207276 dated July 2, 1982, together with a portion of Parcel 2 of the Certificate of Compliance recorded as Document No. 81-213344 dated July 7, 1981 all in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof: Beginning at the Northeast Corner of Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of the Recorder of said County being a point on the Northerly right- of-way line of Calle Barcelona shown and dedicated on said Map; thence along said Northerly line North 62 0 54' 43" West 133.79 feet to the beginning of a tangent 430.00 foot radius curve con- cave Southerly; thence Westerly along said curve through a central angle of 27° 22' 11" an arc distance of 205.41 feet; thence South 89 ° 43' 06" West 45.56 feet to the beginning of a tangent 390.00 foot radius curve concave Northerly; thence Westerly along said curve and said Northerly right-of-way as dedicated on said Map 10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map No. 10898 on file in the Office of the Recorder of said County through a central angle of 13° 39' 36" an arc distance of 92.98 feet; thence North 76° 37' 18" West 58.96 feet to the beginning of a tangent 458.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 34° 11' 34" an arc distance of 273.32 feet; thence North 42 0 25' 44" West 204.75 feet to the beginning of a tangent 25.00 foot radius curve concave Easterly; thence Northerly along said curve through a central angle of 90 0 00' 00" an arc distance of 39.27 feet to a point on the Easterly right-of-way line of Rancho Santa Fe Road as dedicated on said Map No. 10898; thence along a prolongation of a radial line to last mentioned curve North 42 0 25' 44" West 34.24 feet to a point on the centerline of Road Survey No. 454; thence leaving the boundary of said Map No. 10898 along the centerline of said Road Survey No. 454 and the Westerly boundary of said Parcel "A" North 47 0 37' 36" East 550.35 feet to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly; thence Northeasterly along said curve through a central angle of 28° 31' 51" an arc distance of 497.96 feet; thence North 19 ° 05' 45" East 698.37 feet to the intersection with the centerline of Mision Estancia and Road Survey 454 as shown on Map No. 9958 on file in the Office of the Recorder of said County; thence along said cen- terline of Mision Estancia and the Northerly line of said Parcel "A" South 75° 06' 07" East 239.10 feet to the beginning of a tangent 1000.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 07° 36' 07" a distance of 132.68 feet; thence South 67 0 30' 00" East 1000.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 18 0 35' 17" a distance of 101 I . DESCRIPTION CONTINUED 324' * 42 feet to a point, a radial line to said point bears South 03°54' 43" West as shown on said Map No. 9958; thence leaving said centerline and along the Northerly and Westerly boundary line of said Map No. 9958 the following courses: South 03 ° 54' 43" West 42.00 feet to a point on a 1042.00 foot radius curve concave Northerly to which a radial line bears South 03° 54' 43" West; thence Westerly along the arc of said curve through a central angle of 05° 54' 34" a distance of 107.47 feet to a point of cusp with a 25.00 foot radius curve concave Southwesterly to which a radial line bears North 09 ° 49' 17" East; thence Southeasterly along the arc of said curve through a central angle of 87 0 02' 43" a distance of 37.98 feet; thence tangent to said curve South 06 0 52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 28° 54' 00" a distance of 317.77 feet; thence tangent to said curve South 22° 02' 00" East 66.48 feet to the beginning of a tangent 20.00 foot radius curve concave Westerly; thence Southerly along said curve through a central angle of 90 ° 00' 00" an arc distance of 31.42 feet; thence South 67° 58' 00" West 121.06 feet to the beginning of a tangent 400.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 17 0 51' 02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West 9.69 feet to the beginning of a tangent 370.00 foot radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 16° 56' 41" an arc distance of 109.42 feet; thence South 67 0 03' 39" West, 144.79 feet to the beginning of a tangent 730.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 170 21' 11" an arc distance of 221.09 feet; thence South 49° 42' 28" West 370.82 feet to the beginning of a tangent 520.00 foot radius curve concave Northerly; thence Westerly along said curve through a central angle of 67 0 22' 49" an arc distance of 611.52 feet; thence North 62 0 54' 43" West 39.00 feet to the Point of Beginning. I. RECORDING REQUESTED BYD ) 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. 6-6S- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT Is entered into this Q2,2day of 11t4J,fAf , l9 TS- by and between Homes by Polygon (Name of Developer) acorporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3152 Redhill Avenue, Suite 100 (Street) Costa Mesa. CA 92626______________________________________ City, State, Zip Code and Daon Corporation - (Name of Legal Owner) a Corporation , hereinafter referred to as (Corporation, etc.) address is "Owner" whose 4350 Von Karmen, Suite 100 (Street) Newport Beach, CA 92660 City, State, Zip Code RER the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 . RECITALS 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: Residential 111-)di7iicrn composed of 156 single family dwelling units. on said Property, which development carries the proposed name of Vista Santa Fe, Parcel "C" and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for 156 Lot subdivision 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 Cit y to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 . S 11 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 mohilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- REV 4-2-82 I . 4. City agrees to deposit the fees paid pursuant to this agreement in_a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing: and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 . 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be 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 REV 4-2-82 pviiiaiy I\IIIJVVII U.) III President, and V Oti 5.) 4110 1.111 LI IC UGOIC IJI oahIaIaI..UJI 7 CYIIJUI 1¼#U/ LI.) MU LI IC chael E. Abee .., ,., . Executive Vice . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Daon Corporation (Uanje - Colt 711E_:nW (Signature) (Uame) - DEVELOPER: Homes by Polygon BY Russell F. Paia TITLE Executive Vic BY MM E.Abee 22t nt/Chief Financial Officer STATE OF CALIFORNIA urange )ss. a municipal COUNTY OF On February 22 1985 ,before me, the undersigned, a Notary Public in and for La co said State, personally appeared W r ren A. Colton- III xMill personally known to me (or proved to me on the E basis of satisfactory evidence) to be the persons who executed the within instrument as______________________ cX E V i-ca President XXXXXXXXXXXXZt)*ci,on behalf of o DAON CORPORATION ,, the corporation therein named, and acknowledged to me that OFFICIAL SEAL A. BROWN o ri suchcorporation executed the within instrument pursuanttoits Notary Public - California by-laws or a resolution of its board of directors. 'j ORANGE COUNTY -ri -' My Commission Expires Oct 1, 1985 i WITgS8-m,hand and official seal. l / Cq ° 1 co Signature _______ (This area for official notarial seal) Marcia A. Brown (Notarial acknowledgement of execution byDEVELOPER and OWNER must be a t t a STAEOFCAUFORNIA !L SS. COUNTY OF Orange J On this 22nd day of Januari , 19 85 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared R. F. Padia personally known to me (or proved to me on the basis of satisfactory evidence) to be the C.F.O Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within REV instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. 9e Notary siature AlftkOffiCtA D4/22188 KAGNES OE tary PuNo mission Exp. (This area for official seal) . . - EXHIBIT "A" LEr,AL DESCRIPTION Being a portion of Parcel "A" of Certificate of Compliance recorded as Document No. 82-207276 dated July 2, 1982, together with a portion of Parcel 2 of the Certificate of Compliance recorded as Document No. 81-213344 dated July 7, 1981 all in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof: Beginning at the Northeast Corner of Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of the Recorder of said County being a point on the Northerly right- of-way line of Calle Barcelona shown and dedicated on said Map; thence along said Northerly line North 62° 54' 43" West 133.79 feet to the beginning of a tangent 430.00 foot radius curve con- cave Southerly; thence Westerly along said curve through a central angle of 27 0 22' 11" an arc distance of 205.41 feet; thence South 89° 43' 06" West 45.56 feet to the beginning of a tangent 390.00 foot radius curve concave Northerly; thence Westerly along said curve and said Northerly right-of-way as dedicated on said Map 10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map No. 10898 on file in the Office of the Recorder of said County through a central angle of 13° 39' 36" an arc distance of 92.98 feet; thence North 76° 37' 18" West 58.96 feet to the beginning of a tangent 458.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 34 0 11' 34" an arc distance of 273.32 feet; thence North 42 0 25' 44" West 204.75 feet to the beginning of a tangent 25.00 foot radius curve concave Easterly; thence Northerly along said curve through a central angle of 90 0 00' 00" an arc distance of 39.27 feet to a point on the Easterly right-of-way line of Rancho Santa Fe Road as dedicated on said Map No. 10898; thence along a prolongation of a radial line to last mentioned curve North 42 0 25' 44" West 34.24 feet to a point on the centerline of Road Survey No. 454; thence leaving the boundary of said Map No. 10898 along the centerline of said Road Survey No. 454 and the Westerly boundary of said Parcel "A" North 47 0 37' 36" East 550.35 feet to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly; thence Northeasterly along said curve through a central angle of 28° 31' 51" an arc distance of 497.96 feet; thence North 19 ° 05' 45" East 698.37 feet to the intersection with the centerline of Mision Estancia and Road Survey 454 as shown on Map No. 9958 on file in the Office of the Recorder of said County; thence along said cen- terline of Mision Estancia and the Northerly line of said Parcel "A" South 75 0 06' 07" East 239.10 feet to the beginning of a tangent 1000.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 07 0 36' 07" a distance of 132.68 feet; thence South 67 0 30' 00" East 1000.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 18 0 35' 17" a distance of S . DESCRIPTION CONTINUED 324.42 feet to a point, a radial line to said point bears South 03° 54' 43" West as shown on said Map No. 9958; thence leaving said centerline and along the Northerly and Westerly boundary line of said Map No. 9958 the following courses: South 03 0 54' 43" West 42.00 feet to a point on a 1042.00 foot radius curve concave Northerly to which a radial line bears South 03 0 54' 43" West; thence Westerly along the arc of said curve through a central angle of 05° 54' 34" a distance of 107.47 feet to a point of cusp with a 25.00 foot radius curve concave Southwesterly to which a radial line bears North 09 0 49' 17" East; thence Southeasterly along the arc of said curve through a central angle of 87 0 02' 43" a distance of 37.98 feet; thence tangent to said curve South 06 0 52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 28 ° 54' 00" a distance of 317.77 feet; thence tangent to said curve South 22° 02' 00" East 66.48 feet to the beginning of a tangent 20.00 foot radius curve concave Westerly; thence Southerly along said curve through a central angle of 90° 00' 00" an arc distance of 31.42 feet; thence South 67 0 58' 00" West 121.06 feet to the beginning of a tangent 400.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through, a central angle of 17 0 51' 02" an arc distance of 124.62 feet; thence South 50 ° 06' 58" West 9.69 feet to the beginning of a tangent 370.00 foot radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 16 0 56' 41" an arc distance of 109.42 feet; thence 5outh 67 0 03' 39" West, 144.79 feet to the beginning of a tangent 730.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 170 21' 11" an arc distance of 221.09 feet; thence South 49 ° 42' 28" West 370.82 feet to the beginning of a tangent 520.00 foot radius curve concave Northerly; thence Westerly along said curve through a central angle of 67° 22' 49" an arc distance of 611.52 feet; thence North 62 ° 54' 43" West 39.00 feet to the Point of Beginning.