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HomeMy WebLinkAboutCT 85-28; LA COSTA VALLEY; Tentative Map (CT)LANO APL.ICATION DISCRETIONARY ACTIONS REQUEST DZone Charge OSpecif Ic Plan C General Plan Amendment DSite Development Plan tZI Tentative Tract Map OConditional Use Permit t]Major Planned Unit Development [Variance F_] Master Plan E:lPlanning Commission Determination C Major Redevelopment Permit DSpecial Use Permit EJMinor Redevelopment Permit []Structure Relocation 0 Precise Development Plan DMajor Condominium Permit (check other boxes if appropriate) Coastal Permit (Portion of Redevelopment Area Only) Complete Description of Project (attach additional sheets if necessary) A Tenative Tract Map and Major Planned Unit Development consisting of 34 Condominiums on 2.27 acres in La Costa. Legal Description (complete) Lots 240 and 241 of Map No. 6730 in the City of Caribad, County o San Diego, State of California, as filed with the San Diego County - Assessors Parcel Number Recorder on September 8, 1970. 215-240-12 and 215-240-13 Zone General Plan Existing Land Use RDM RMH VACANT LOTS Proposed Zone Proposed General Plan Site Acreage 2.27 ACRES Owner Applicant Name (Print or Type) Name (Print or Type) M C & D CAPITAL CORPORATION JOHN ASH, A I A ASSOCIATES Mailing Address 'Mailing Address C/O Harold Provin o8Ou VENICE BOULEVARD 9623 IMPERIAL HIGHWAY City and State Zip Telephone City and State Zip - Telephone DOWNEY, CA 90241 (213)903-5639 LOS ANGELES, CA 90034 (213)838-2101 I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. Ci 4J-- -v-- i'4r SIGNA4RE ' " DATE f\ I IGNA'JX1IE 7' DAT' tg.App Rec't ,ceived By 7 jPà Rèived - IReceit.NO. 9 t'" )ate Ac1ication Réc'd f Assine IC$.75 S'/C, I. SPECIFIC REIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $55.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-O 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative. Tract Map 1. Application Form 2. General Requirement Items - eighteen (18) copies of item A - items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330400 (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 Malor Planned Development (5 or more -units I. Application Form 2. General Requirement Items: - eighteen (18) copies of items 'B-D - items E-O 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. * If. ter the information ahave submitted has been re red, it is determined that further information is required, you will be so advised. APPLICANT: M C & D CAPITAL CORPORATION Name (individual, partnership, joint venture, corporation, syndication) 9623 Imperial Highway, Downey, CA 90241 Business Address (213) 803-5639 Telephone Number AGENT: John Ash AlA Associates Name 8800 Venice Boulevard. Los Ancreles, CA 90034 Business Address (213) 83-2101 Telephone Number MEMBERS: Harold Provin C.E.O. N/A Name '(individual, partner, joint Home Address venture, corporation, syndication) 9623 Impeiial Highway, Downey, CA 90241 Business Address (213) 8035639 Telephone Number Telephone Number Name 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. - Appi icant John Ash Acrent Agent, C-:ner, Par tner 0 SupPLMENrAL INFORMATION FORM 1) Gross Acres (or square footage, if less than acre) 2) Zone 3) General Plan Land Use Designation 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirnents carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. a) Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in thesáme vicinity and zone: - b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or inproveients in such vicinity and zone in which the property is located d) Explain why the granting of such variance will not adversely affect the couprel-iensive general plan: 1 9 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. A 45 gnare Date Name (Print) Relationship to Application (Property Owner-Agent) 0 A •1 AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. Signature of Applicant or Date Authorized Agent Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED: Michael J. Holzmiller Land Use Planning Manager r •L ) I LEUCADIA COUNTY WATER DISTRICT APPLICATION FOR SEWER SERVICE Owne;' 's Name M.C. & D Capital Corporation Phone No. (213) 869-0166 Mailing Address P. 0, Box 248 -Downey, CA • SEWER PERMIT ISSUED UPON Service Address: RECEIPT OF BUILDING PERMIT. Tract Description: t40 &.143 iaCstaJey_#i_ BUILDING PERMIT MUST BE Assessor's Parcel No. qO -, •L/3 - Type of Building condos No. Units 42 Connection Fee $.,200.oO Lateral Size: 4" - 6" - 8" - Saddle - Easement Connect io r p re-pd 9,600.00 Extra Footage: @ $ Extra Depth: @ $ 16800.00 1611'/,q Lateral Fee Amount Rec'd r Ck. No/Cash #98567 OVERPAID: $1,200.00 Prorated Sewer Service Fee ______ 11 ji'T Date 9/26179 Rec'd By S. Williamso P'" jL4..A_t__.t. Total $4op.Qo The opplication must be signed by the owner (or his authorized representative) of the property to be served. The total charges must be paid to the District at sthe time the application is submitted. • If a service lateral is required, it will be installed by the Leucadia County Water District. The service lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the applicant's building sewer. The.applicant is responsible for the construction at the applicant's expense, of the sewer pipeline (building sewer) from the appli- cant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT. THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE TJ;E INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC- TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE. CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. - • The prorated sewer service fee is based upon the date the District estimates that service will l-'egin and covers the balance of the fiscal year. There will be no. additional fee or refund if service actually commences on a different date. For succeeding fiscal years, the sewer service fee will be collected on the tax roll in the same manner as property taxes. (4~\~ _0* CA~ V.Q- — W wlyt a" a_~) , The undersigned hereby agrees that the above information given is correct.and agrees; to the conditions as stated. \ _________________J1155-U197 Ow 7Fs SigurAture Date Account No. - C (1-1 E1(7 rtLC ik! f[p/frpc -. -; TICOR TITLE INSURANCE COMPANY 220 "A" STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619-239-6081 PRELIMINARY REPORT FEBRUARY 3, 1984 M. C. & D. ATTN: CARY STEVENS C/O JOHN ASH A.I.A. ASSOCIATES 120 E. OCEAN BLVD., SUITE 720 LONG BEACH, CALIFORNIA 90802 YOUR REFERENCE: LA COSTA VALLEY TERRACE PARCEL MAP OUR ORDER NO. : 1117291 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS \.KiCH 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 ON THE ATTACHED COVER. 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 THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE ILSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF FEBRJARY \1 1984 TITLE OFFICER: PROVENCE/RUHRUP -/ SIGHED: - HE FORM OF F-OL1 C OF TiTLE INSURANCE CON1LATED BY THIS REPORT IS: ITLE U wA tLL !t..T - ! r. :::•: JC'( - 70 WITH /-L 1A :::: T i-OF.M 1 COVERAGE T) C-'7-0) ( ) '! LJC-Y B - 10 .- 10-17-70) 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: M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM \OULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR : 1983-84 SECOND INSTALLMENT : NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANTTO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS 0 EXECUTED BY : LA COSTA LAND CO. RECORDED : SEPTEMBER 8, 1970, RECORDER'S FILE NO. 162849 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELEIED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTG.AGEOR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAiD CO\'ENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY 1fliFJED BY AN INSTRUMENT EFCL'TED BY : LA COSTA LAND CO'.PAUY LCrDED SEPTEt'BER 11, 970, :LRR'S FILE NO 164949 !T D CC\'ENTS, CONDITIONS AND RC(:jRICTTnJJS HAVE BEEN PURPORTEDLY D LY AN iSTJENT 1OHD Y : LA COSTA Ca. 1F. 7, CDER'S FJLE NO. 322 '; :ir.NS, •L5 2DFD. :t'E L 1 BEEN INCORPORATED BY REFERENCE THERETO IN A DEED EXECUTED BY : LA COSTA LAND CO. RECORDED : OCTOBER 31, 1972, RECORDER'S FILE NO. 290599 3. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : DECEMBER 20, 1977 AMOUNT : $170,000.00 TRUSTOR M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION TRUSTEE IRVINE ESCROW CO., A CALIFORNIA CORPORATION BENEFICIARY : GARDNER GOLDMAN INVESTMENTS, A GENERAL PARTNERSHIP. RECORDED : DECEMBER 30, 1977, RECORDER'S FILE NO. 77-540833 THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO : COMMMUNITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION BY ASSIGNMENT DATED : FEBRUARY 1, 1978 RECORDED : MARCH 31, 1978, RECORDER'S FILE NO. 78-127880 4. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : MARCH 9, 1981 AMOUNT $220,000.00 TRUSTOR : M. C. & D. CAPITAL CORPORATION, A CALIFORNIA CORPORATION TRUSTEE : TITLE INSURANCE AND TRUST COMPANY BENEFICIARY : COMMUNITY BANK, A CALIFORNIA CORPORATION RECORDED : MARCH 13, 1981, RECORDER'S FILE NO. 81-077318 5. NOTE 1. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, ZERO ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. TAX FIGURES FOR : 1983-84 COPE AREA 9058 PARCEL NO. : 215-240-12 LAND $94,018.00 FIRST iNSLLLENT : $542.67, PAID ECCD I !STALLtENT: $542.67, UNPAID TAX FJ(U:ES FÜR : 1983-84 rr 9058 D. : 215-210-13 0 : 37,E .00 C f .-N T 5 'J N T 10 iiJ r:F If2 1 1 [!1 12 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 240 AND 241 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6730, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970. C .. T. NO. nu0009 10 '4.3CA(4 .83) - Contract No . p TCOR TITLE: NSU!C STANDARD CONTRACT - for POLICIES OF TITLE INSURANCE ON SUBDIVISIONS Upon written acceptance by you of this offer and its return to and receipt by Ticor Title Insurance Company of California, said Company, if given the exclusive right to issue its standard form policies of title insurance upon the land described as follows: La Costa Valley Terrace Parcel-Map as and when the respective lots or parcels are leased, conveyed or hypothecated by the persons or corporation holding the record title at the date of this contract, will price any such policy issued upon the terms of this contract. In addition to the printed exceptions, conditions and stipulations in the form of policy requested, any policy issued will show any liens, encumbrances and other matters as exceptions affecting the estate or interest as of dale of issuance. - A. Basic Subdivision Rate: (Commercial/Industrial or Residential) Based upon the sale price of either improved or unimproved Property where construction loans are not involved, depending upon the number of units contained in a given project, in the following manner: 2 unils to 20 units 70% of Insurance Table P Rate 21 units to 200 units 60% of Insurance Table P Rate 201 or more units 55% of Insurance Table P Rate B. Builder's Bulk Rate: (Residential Units,1-4 Family Only) Based upon the contemplated salesprice of each residence and lot, regardless of whether the constuction leans are recorded singly or in multiples of more than one and depending upon the number of units contained in a given pro- ject, and the type of coverage issued, the charge will be calculated on each such unit as follows: CLTA Standard Coverage Policy on the construction loan, without priority insurance plus a CLTA Standard Coverage Policy on the final sale: 2 units to 20 units 80% of Insurance Table P Rate 21 units to 200 units 70% of Insurance Table P Rate 201 or more units 65% of Insurance Table P Rate LP 3- ALTA Loan Policy tddi1ional Coverage on the construction loan, plus a CLTA Standard Coverage Policy on the tale. 2 urr;i: to 20 LIflit5 901,110 of Insurance Table P Rate 21 cats 'n 200 units 8010 of Insurance Table P Rate 201 or more units 75% of lnsurarrce Table P Rate LP 4--(:L TA St-riard Coverage Policy on the construction Ican, nciiirti:J priority irrurzrrce, plus a CLTA Srtad Fc1 icy on the final sale: 2 -nt to 20 Ul5 F.15of lm:ur rrce T ;'.le P F;:te 21 to 200 r'ljts 75 of ! .:CC T:.bme P Rate • . -r urrts • ' O P r - .--- 1• -, • • - : ': :,jC:c - ' .• - : - . - ......... r S a a I I TITLE INSURANCE AND TRUST 220 aAw STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 714-239-6081 DECEMBER 39 190 SCHUH ESCROW YOUR REFERENCE: BUYER: OUR ORDER NO. : 1077711 RICHW000 t%ELCPMENT CO. I IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED. AS CF THE DATE I HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN CR I ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM. NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPCRT IS A RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL LOT IMPROVED WITH A STRUCTURE CONTAINING ONE 10 FOUR SINGLE FAMILY RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT hILL BE THE AMERICAN LAND TITLE ASSOCIAITON RESIDENTIAL POLICY - 1979 FORM. THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETC- IS ISSUED SOLELY FOR THE PURPOSE CF FACILITATING THE ISSUANCE OF A PCIICY 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 LNSURANCE, A BINDER OR CCM?ITMENT SHOULD BE REQUEST ED. DATED AT 7:30 A.M. AS OF NOvEMBER 199 198C TITLE OFFICER: DOSS/ZERLER SIGNED: THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVtREO BY THIS REPORT 1077711 PAGE FA- I • S. . IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: M. C. £ D. CAPITAL CORPORATION, A CAL1FCRNIA CORPORATION AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID PCLICY FCRM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR : 1980-81 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : NOW DUE AND PAYABLE SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY It 1981 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS EXECUTED BY : LA COSTA LAND CO- RECORDED SEPTEMBER 8, 1970 RECURCER'S FILE NC. 162849 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION CR RATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENCER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MACE IN GOOD FAITH AND FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPCRTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : LA COSTA LAND COMPANY RECORDED : SEPTEMBER 11, 1970 RECORDER'S FILE NO. 164949 SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY 2 LA COSTA LAND CO., RECORDED : OCTOBER 271 1970 RECORDER'S FILE NO. 196322 SAID COVENANTS, CONDITIONS AND RESTRICTIONS, AS MOCIFIED, HAVE BEEN INCORPORATED 8Y REFERENCE THERETO IN A DEED It EXECUTED BY : LA COSTA LAND CO. RECORDED : OCTOBER 319 172 RECORDER'S FILE NO. 29C599 39 A DEED OF TRUST TO SECURE AN INOtBTECNESS OF THE AMOUNT STATED HEREIN DATED : DECEMBER 2u9 1977 AMOUNT 2 11709000.00 1077711 PAGE 2 -'a- TRUSTOR : li. C. C On CAPITAL CORPORATION, A CALIFORNIA CORPORATION TRUSTEE : IRVINE ESCROW CO., A CALIFORNIA CORPORATION BENEFICIARY : GARDNER GOLDMAN INVESTMENTS, A GENERAL PARTNERSHIP RECORDED : DECEMBER 309 1977 RECORDER'S FILE NO. 77-540833 THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED To : COMMUNITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION BY ASSIGNMENT DATED : FEBRUARY 19 1978 RECORDED : MARCH 319 1978 RECORDER'S FILE NO. 78-127880 4. MATTERS RELATING TO THE CORPORATE STANDING OF: M. C. C 0. CAPITAL CORPORATION, A CALIFORNIA CORPORATION REPORT TO FOLLOW. 5., MATTERS RELATING TO THE CORPORATE STANDING OF: RICHWOOL) DEVELOPMENT CO. REPORT TO FOLLOW. TAX FIGURES FOR : 19d0-81 CODE AREA : 9058 PARCEL NO. : 215-240--12 PORTION LAND : $22936d.00 FIRST INSTALLMENT : $527.28 UNPAID SECOND INSTALLMENT: $527.28 UNPAID TAX FIGURES FOR : 1980-81 CODE AREA : 9058 PARCEL NO. : 215-240-13 REMAINDER LAND : $23,27b.00 FIRST INSTALLMENT : $548.11 UNPAID SECOND INSTALLMENT: $548.11 UNPAID 1077711 PAGE 3 to THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND 15 CESCRIBEC AS FOLLOWS: LOTS 240 AND 241 OF LA COSTA VALLEY UNIT NC. 59 IN TPE CITY OF CARLSBAC, IN THE COUNTY OF SAN DIEGO, STATE OF CAIIFCRNIA, ACCCRDING TC MAP THEREOF NO. 67309 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970. 107771 I. PAGE 4 N . • 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 DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this llthday of September , 1985 by and between M C & D CAPITAL CORPORATION (name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 9623 Imperial Highway- (street) Downey, California 90241 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 34 Unit Condominium Project REV 4-2-82 . . on said Property, which development carries the proposed name of La Costa Valley Terrace and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 11th day of September 19_85, with the City a request for a Tentative Tract Map and major planned unit development. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference).; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. - -2- REV 4-2-82 2 NOW, THEREFOREO n consideration of the retais and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 3 . . 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement In a public facilities fund for he financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 - 6. All 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. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. —5— REV 4-2-82 9 STATE OF CALIFORNIA, ) SS. COUNTY OF LOS ANGELES ) ON September 11 , 19 85 before me, the undersigned, a Notary Public in and for the said State, personally appeared Harold R. Provin , known to me to be the Chief Executive Officer ofM.C.& D. Capital.Corporation the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. PLM" Notary Public in and /for said State 3-Th J 11 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: AA- ? O CijpJøc (name) BY BY (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: ALETHAL. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: C VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Mc REV 4-2-82 7 f I EXHIBIT "A" LEGAL DESCRIPTION 6' . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD. ) 1200 Elm Ave-nue . ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ 21.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OPA PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 16th day of May by and between M.C. & D. CAPITAL CORPORATION (name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 9623 E.ImperialHi2hwav (Street) Downey, California 90241 and TE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 cr cP Q./ . . on said Property, which development carries the proposed name of La Costa Valley Terrace - and is hereaftereferred to as "Development"; and WHEREAS, Developer filed on the 11th day of September 1985_, with the City a request for Approval of a tentative map and condominium permit for 31 units on 2.7 acres lacated at corner of Caringa and Altisma Ways in La Costa hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City Genera]. Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 22, 1986, 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 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 4-22-86 NOW, THEREFOR , in consideration of the •ita].e and the covenants contained herein, the parties agree as follows: 1. The-Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on- the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion rOf existing building or structures into condominiums in an amount not to exceed 2.5% 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 MunicipalCode. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehoine space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4/22/86 . . 2. The Developer may offer to donate a site or sites for public facilities inlieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer.. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not. have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5.. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Developmenthereifl described. REV 4/22/86 -4- 6. All obligations hereunder shall tertninaW 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. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations -of this agreement have been satisfied, City shall record a release. -5- REV '4/22/86 U . . IN WiTNESS'WHEREO', this agreement is executed in San Diego County, Calitornil as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California M.C.& D. Capital Corporation Harold R. Provin, Chief Exec. Officer TitLe BY BY City Manager STATE OF CALIFORNIA, )SS. COUNTY OF IIJS ANGELES ON MAY 16 ,19 86 before me, the undersigned, a Notary Public in and for the said State, personally appeared HAROLD R. P1)VIN , known to we to be the Chief Executive Officer M. C. & D. CAPITAL CORPORATION the Corporation that executed the within Instrument, known to tie to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to tie that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. atacneu.; REV 4/22/86 Mfl im My ff, "F - -6- State . . EXHIBIT "A" -'0 LEGAL DESCRIPTIO N Lots 240 and 241 of La Costa Valley Unit No. 5, in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 6730, as filed in the office of County Recorder of San Diego County, September 8, 1970 S S - -_• - - -.. - - CITY OF CARLSBAD - -- - L! JUt' ____VIcINITY_MAP: ON- • EXH1BJTI $1TE 137 du/ac 17 I Li,5 H Aft \ \ Ito \\ 18.3 21e/ 0-4 d.- ° t :•..:: li 2.21 70 77 40 4. -LJ6Z.. _ OWN oel 1• I 85 26 NUMBERS REPSENT # CF DWEWNC UNITS PER ACRE LA COSTA VALL EY TERRACE CP-321 TY MAP EXHIBIT I SITE 137 du/ac 119.0 0-1.5 Af 0-4 14A 2.27 1 Jla.eI / is )) JMTSPERACRE CT 85-28 LEY T.,RRACE OP321 T4, 18.3 1' ( NUMBERS REPRESENT # OF DWE.JJ LA COSTA VA VICINITY MAP EXHIBIT I SITE 13.7 du/ac It)' 1 #14.5 '1 Now Moo mftft _j oft. / 18.3 21.6 14.4 2.27 it 4,q 6.3 S.,.' (OS) a NUMBERS REPRESENT # OF DWELUNG UNITS PER ACRE CT 85-28 LA COSTA VALLEY TERRACE CP-321