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HomeMy WebLinkAboutCT 88-06; LEWIS ELSBREE HOUSING DEVELOPMENT; Tentative Map (CT)City of Carlsbad F $530.00 2075 Las Palmas Drive $765.00 Carlsbad, CA 92009 $1,310.00 (619) 438-1161 PLANNING DEPARTMENT TENTATIVE TRACT MAP (1-25 lots or units) (26-100 lots or units) (100 + lots or units) Complete Description of Project (attach additional sheets if necessary) Proposing to build a 7 unit PUD with a recreational lot on a 32 foot private street. Location of Project Knowles Avenue between Davis Avenue and 1 -5 Freeway Legal Description (complete) Lots 7 through 1.2 inclusive in Block 13 of Sunny Slope Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego Co .ocal Facility Management Zone iebruary 7, 1668. Assessors Parcel Number 1 155 -272 -14&15 V Zone General Plan / Existing Land Use R-3 V R M H Residential Proposed Zone Proposed General Plan Site Acreage same same 1.57 acres Owner Applicant Name (Print or Type) Lewis & Elsbree Name (Print or Type) Robert J. Lewis Same as owner Mailing Address Mailing Address 1697 Hygeia City and State Zip Telephone City and State Zip Telephone Encinitas, CA 92024 (619)944 -7424 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S ND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGN M4U DATE SIGNATURE DATE 0-7 -~, ",-K, )ate 'Applicyion Rec'd eceived By Z Fes Reced Receipt No. 101-41-0 0 PROJECT NUMBER (S) int WESTLAND TITLE COMPANY 4660 La Jolla Village Dr. Suite 100, S.D., California 92122 (619) - 535-2000 (619) - 942-9963 (619) - 489-0552 RE: LEWIS/ELSBREE YOUR NO. 6372 OUR NO. 401155-04 DATE: 09/02/88 AMEDED UPDATED ISSUED rio: BOB LEWIS 1697 HYGEIA ENCINITAS, CA. 92024 ATTENTION: In response to your above referenced application for a Policy of Title Insurance, Westland Title Ccinpany hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies as set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. DATED AS OF August 26, 1988 At 7:30 A.M. The form of Policy of Title Insurance contemplated by this report is: ( ) California Land Title Association Standard Coverage Policy. (X) Imerican Land Title Association Loan Policy. American Land Title Association Residential Title Insurance Policy. ( ) American Land Title Association owner's Policy Form B. TITLE COMPANY Ma 0 0 ORDER NO.: 401155-04 dg The Estate or interest in the land hereinafter described or referred to covered by this report is: AFEE Title to said estate or interest at the date hereof is vested in: LEWIS & ELSBREE, a California General Partnership as to Parcel A and ROBERT J. LEWIS, an unmarried man as to Parcel B 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 for Legal Description (Continued) LEGAL DESCRIPTION . ORDER NO. 401155-04 dg Lots 7 through 12, inclusive in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888. The East Half of Davis Avenue as vacated to public use by Resolution recorded July 28, 1943 in Book 1518, Page 235 of Official Records, adjoining Lots 7 through 12 inclusive in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888. 0 . At the date hereof Exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1988-89, a lien, not yet payable. 2. Supplemental taxes assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. First Installment: OPEN Second Installment: OPEN 3. The lien or supplemental taxes, if any, assessed pursuant to the provisions of Chapter 35. (commencing with Section 75) of the Revenue and Taxation Code of the State of California. ].t1PE: All Supplemental Taxes which may have been or will be assessed pursuant to the above are the sole responsibility of the Vestee(s) herein and this company assumes no liability regarding the same UNLESS specifically Instructed to de so. 4. An easement for public mad purposes and incidental purposes in favor of THE (XXJNTY OF SAN DIEGO, recorded April 28, 1931 in Book 1892, Page 161 of Deeds, located within the Northerly 2.5 feet of said Lot 12. 5. A license to enter real property as granted to VILLAS DE CARLSBAD, LTD. recorded May 15, 1986 as File No. 86-193314 of Official Records. 6. An Agreement regarding the payment of pay fees for facilities and improvements as required by growth management system, dated October 8, 1987, executed by and between THE CITY OF CARLSBAD, California, a Municipal corporation and VILLAS DE CARLSBAD, LTD., a California Limited Partnership, upon the terms, covenants, and conditions contained therein, recorded October 29, 1987 as File No. 87-609202 of Official Records. 7. A Deed of Trust to secure an indebtedness of $111,200.00, recorded February 29, 1988 as File No. 88-089760 of Official Records. Dated: February 24, 1988 Trustor: ROBERT J. LEWIS, an unmarried man Trustee: CALIFORNIA RECDNVEYANCE (ThIPANY, a California corporation Beneficiary: GREAT WESTERN BANK, a Federal Savings Bank Affects a portion of the herein described property. (Continued) SU-IEDULE B CONTINUED ORDER NO. 401155-04 dg 8. A Deed of Trust to secure an indebtedness of $104,200.00, recorded February 29, 1988 as File No. 88-089762 of Official Records. Dated: February 14, 1988 Trustor: ROBERT J. LEWIS, an unmarried man Trustee: CALIFORNIA REOJNVEYANCE CU1PAN1, a California Corporation Beneficiary: GREAT WESTERN BANK, a Federal Savings Bank Affect a portion of the herein described property. TAX INFORMATION 1987-88: Code area: 09000 Parcel No: 155-272-14 Land: $102,000.00 Improvements: $ 5,100.00 Exemptions: $ 0.00 1st Installment: $ 567.00 PAID 2nd Installment: $ 567.00 PAID TAX INFORMATION 1987-88: Code area: 09000 Parcel No: 879-044-47-47 Land: $28,000.00 Improvements: $ 3,650.00 Exemptions: $ 0.00 1st Installment: $ 54.67 OPEN 2nd Installment: $ 54.67 OPEN 0 I1 COMMONWEALTH Li LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLTA Preliminary Report Form EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1 970 WITH A.LTA. ENDORSEMENT FORM 1 COVERAGE (REVISED 10-17-70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, us pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any ofthe offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for Street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. F'rp, 2210 ((Calif 1 Rev 8•88 (EXHIBIT A CONTINUED ON BACK) POOR QUALITY ORIGINAL (S) t It \ JErr(PSON r it •'rEi'! I >, IG H I r-I nI JAM (), ® © ® ® J - - - • 7k'- '/.iw • - ) L•'l - - • ,.-::: V : t$•_; L V s' iLi..JLZj3FJ :fI. • : • AYE. ' DAVIS i ' - - . • ; I 0 40 to -: • -i---- -- ----- - • ELI LOT I till •, r - - - CITY OF CARLSBAD 1700cARLSBAIIILLAGE DRIVE cARLSBAD, IFORNIA 92008 438-5621 REC'D FROM ) I 1 ' ' DATE_________________ ACCOUNT NO DESCRIPTION AMOUNT 1711 ,061 LOOoe43,4 / 3105 08/02/9 X)Q1 0L 0 RECEPTN4) 1'f TOTAL 'N. - I ... ::. .. . ." .. -•.. 1 3. :::• - 1*o EI.1E$UE1 j LSBADC*LJrW AlA 02008 c - - REC'D FROM DTE / ACCOUNT NO DESCRIPTION - AOUNY g,b -a,-to-8g/g øoJ-91,.-ôO-ôt,-S'f/1 . P// _• _______ ___ _ _ 11 F/23°'°88 0001 01 •: - 9'-1A--. ao - )?F/_ _ 001-_O-&3-lOfS •:•• _ di,,•• _'•. .. _69_k 7- RECEIPT NO *9519 : , j, . . APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state- the full legal name of the partnership or joint venture, its legal address and the name and address-of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. . S DISCLOSURE FORM Robert J. Lewis, an individual and APPLICANT: Lewis & Elsbree, a California General Partnership Name (individual, partnership, joint venture, corporation, syndication) 1697 Hygeia, Encinitas, CA 92024 Business Address (619) 944-7424 Telephone Number Robert J. Lewis AGENT: Name Same as above Business Address Telephone Number MEMBERS: Robert J. Lewis, Gen. Partner 1697 Hygeia, Encinitas, CA 91024 Name (individual, partner, joint Home Address venture, corporation, syndication) Same Business Address - (619) 944-7424 Telephone Number Telephone Number Charles Elsbree Name Home Address 1697 Hygeia, Encinitas, CA 92024 Business Address (619) 944-7424 Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. o t/fl- BY Agent,( 6<n • 0 EXHIBIT "A" LEGAL DESCRIPTION Lots 7 through 12, inclusive in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888. The East Half of Davis Avenue as vacated to public use by Resolution recorded July 28, 1943 in Book 1518, Page 235 of Official Records, adjoining Lots 7 through 12 inclusive in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888. . . 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. f 7-1F nature Date k7E(- Li. Name (Print) *xE94TV Owr-lz-g~ - Relationship/ to Application (Property Owner-Agent). FORM: PLANNING 37. REVISED 3/80 fl e TENTATI NAP APPLICATION REQUIREMENTS LI 1. Fifteen (15) copies of tentative map/preliminary grading plan (24" x 36" folded to 8 1/2" x 11 11 ) shall contain the following information: I. General Information: LI A. Name and address of owner whose property is proposed to be - subdivided and the name and address of the subdivider; LI B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the - maps; LI C. North point; LI D. Scale; vicinity map; E. Date of preparation; LI F. Classification of lots as to intended residential, commercial, - industrial or other uses; LI G. Proposed name and city tract number of the subdivision; LI H. Any proposed phasing by units; I. Number of units to be constructed when a condominium or - community apartment project is involved; LI G. Name of sewer and water district providing service to the project. II. Site Information: - A. General LI 1) Approximate location of existing buildings and permanent - structures and proposed condominium buildings; LL 2) Location of all major vegetation, showing size and type; LI 3) Location of railroads; Li 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve - data); LI 5) Lot lines and approximate dimensions and number of each lot; - B. Streets and Utilities U 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering DepartnientPolicies. (Especially - Policy Numbers 1 and 22) LI 2) Name, location and width of existing adjacent streets and - alleys. 3) Typical street section for all adjacent streets and streets within the project. APPLICATION REQUIREMENTS PAGE: 1 . . LI 4) Width and location of all existing or proposed public or - private easements; LI 5) Public and private streets and utilities clearly - identified. 6) Show distance between all intersections and medium and - high use driveways. LI 7) Clearly show parking stall and isle dimensions and truck - turning radii for all parking areas. L.L 8) Show access points to adjacent undeveloped lands. / 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. - C. Grading and Drainage LI 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and - those to be saved; 2) Earthwork volumes; cut, fill, import and export. LI 3) Spot elevations at the corners of each pad. 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less - than standard frontage. 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision show location and approximate size of any - proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is - within or adjacent to a FEMA flood plain. L....L 2. One (1) copy of 8 1/2" x 11" site plan. Li 3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - - vicinity maps on the site plan are not acceptable). LL 4. Environmental Impact Assessment Form ($175). Li 5. Public Facility Agreement: Two (2) copies: One (1) notarized - original and one (1) reproduced copy. 6. Disclosure Statement. Li 7. Property Owners' List and Addressed Labels - A typewritten list of name and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. APPLICATION REQUIREMENTS PAGE: 2 . . DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. U 8. 600 Foot Radius Map (Not needed for Planning Commission Determination and Special use Permit). A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. I_I 9. This number not used. LI 10. Two (2) copies of the Preliminary Title Report (current within the last six [6] months). ,/ 11. Proof of availability: 1. Sewer - if located in the Leucadia County Water District. 2. Sewer - if located in the San Marcos Water District. 3. Water - If located in the Olivenhain Municipal Water district. 4. Water - if located in the Costa Real Municipal Water district. 12. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior - to the Planning commission meeting. j 13. Statement of agreement to waive tentative tract map time limits. 14. Constraints May (24" x 36 11 ) folded to 8 1/2" x 11" shall include - the following information: L..L 1. Major ridge lines IL 2. Distant views LL 3. Internal views 4. Riparian woodlands LL 5. Intermittent drainage course 6. 25 - 40% slopes LL 7. Slopes 40% and above 8. Major rock outcroppings L.L 9. Easements LI 10. Floodplains LL 11. Archaeological sites LI 12. Special planning areas LI 13. Biological Habitats. APPLICATION REQUIREMENTS PAGE: 3 . . Li 15. One (1) copy of 8 1/2" x 11" traffic volume location map of all roadways potential impacted by project to include the following information: existing volumes, ultimate volumes, project only - volumes, and phased (if applicable) volumes. J/ 16. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. APPLICATION REQUIREMENTS PAGE: 4 . . 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 Qtttp of QCarIbab DEVELOPMENT PROCESSING SERVICES TELEPHONE (619) 438-1161 Street Name Submittal Requirements To Whom It May Concern: All street names must be shown on the first submittal of a site plan or tentative map. A list of all street names that have already been assigned is available for review at the Development Processing Services Counter. Designations such as Street "A", "B", or "C" are not acceptable. If you need more information, ask for the City Policy on street names and addresses. R MOND A. MIALR Manager RAM:jb . I TENTATIVE TRACT MAP CHECK LIST COMMENTS PROJECT NUMBER 1. 15 tentative map 2. 1 site plan 3. 1 location map 4. EIA & $175 5. PFF Agreement (2) $25 6. Disclosure 7. Owner's list & labels (2) + postage 8. 600 ft. radius map 9. Proof of sewer/water 10. Colored site & elevation plan 11. Waive time limits 12. Constraints map 13. Traffic volume map DATE SIGNATURE ;. . i I AGREEMENT OF PARTNERSHIP ft ROBERT J. LEWIS, whose address is 1634 Gascony, Encinitas, California 92024, and CHARLES N. ELSBREE, whose address is 933 Foxridge, San Jose, California 95133, do hereby voluntarily associate themselves together as General Partners (hereinafter the "Partners") effective the 1st day of January, 1977, pursuant to the terms and conditions set forth in this Agreement of Partner- ship (hereinafter the "Agreement"). ARTICLE 1. NATURE OF PARTNERSHIP Type of Business 1.01. The Partnership shall engage in the general business of purchasing, developing, holding for an investment, operating, leasing, managing, encumbering, mortgaging, selling, and/or conveying real property, such activities as may be incidental thereto, and such other related businesses as may be agreed on by the Partners. Name of Partnership 1.02. The name of the Partnership is LEWIS & ESLBREE. Term of Partnership 1.03. The Partnership shall commence on January 1, 1977 and shall contilnue for a period of 50 years, unless sooner terminated by cessation of the Partnership business or dissolution of the Partnership pursuant to the terms hereof, or unless extended by unanimous consent of the Partners. Place of Business 1.04. The principal place of business of the Partnership is 1634 Gascony, Encinitas, California, or at such other place or places as may from time to time be agreed on by the Partners. ARTICLE 2. FINANCIAL Initial Capital 2.01. The capital of the Partnership as of January 1, 1977 is the total sum of $59,933.00, each Partner having a Partner- ship capital account on such date as follows: ROBERT J. LEWIS $30,816.00 CHARLES N. ELSBREE $29,117.00 Additional Contributions to Capital 2.02. Upon the written consent of both Partners, additional contributions may be required from time to time of each Partner. Withdrawal of Capital 2.03. No Partner may withdraw his capital contribution, -2- . or any portion thereof, from the Partnership without the consent of both Partners. Interest on Capital 2.04. No Partner shall be entitled to interest on his contribution to the capital of the Partnership. Loans to Partnership 2.05. No Partner may loan or advance money to the Part- nership without the written consent of both Partners. Any such loan by a Partner to the Partnership shall be separately entered in the books of the Partnership as a loan to the Partnership, shall bear interest at such rate as may be agreed on by both Partners, and shall be evidenced by a promissory note delivered to the lending Partner and executed in the name of the Partner- ship. Books of Account 2.06. Complete and accurate accounts of all transactions of the Partnership shall be kept in proper books, and each Partner shall enter, or cause to be entered therein, a full and accurate account of all his transactions on behalf of the Partnership. Inspection of Books 2.07. The books of account and other records of the -3- . I Partnership shall, at all times, be kept in the principal place of business of the Partnership, and each of the Partners shall, at all times, l4ave access to, and may inspect and copy, any of them. Method of Accountin 2.08. The books of account of the Partnership shall be kept on a cash basis. S Fiscal Year 2.09. The fiscal year of the Partnership shall commence on January 1 of each year and shall end on December 31 of each year. Accountings 2.10. As soon after the close of each fiscal year as is reasonably practicable, a full and accurate inventory and accounting shall be made of the affairs of the Partnership as of the close of such fiscal year. On such accounting being made, the net profit or net loss sustained by the Partnership during such fiscal year shall be ascertained and credited or debited, as the case may be, in the books of account of the Partnership to the respective Partners in the proportions specified in Paragraph 2.12 of this Agreement. -4- . . Definition of Profits and Losses 2.11. The terms "net profits" and "net losses" as used in this Agreement shall mean the net profits and net losses of the Partnership as determined by generally accepted accounting principles. Profits and Losses 2.12. The net profits or net losses of the Partnerhip shall be credited or charged, as the case may be, and allocated to each Partner in the following proportions: ROBERT J. LEWIS .........50% CHARLES N. ELSBREE ......50% Capital Accounts 2.13. An individual capital account shall be maintained for each Partner consisting of his contribution, if any, to the initial capital of the Partnership, any additional contributions to the Partnership capital made by him pursuant to this Agreement, and any amounts transferred from his income account to his capital account pursuant to this Agreement. Income Accounts 2.14. An individual income account shall be maintained for each Partner. At the end of each quarter of each fiscal year each Partner's share of the net profits or net losses of the Partnership shall be credited or debited to, and his withdrawals -5- . during such fiscal year deducted from, his income account. After such amounts have been credited or debited to and deducted from a Partner's income account, any balance or deficit remaining in such account shall be transferred to or charged against such Partner's capital account. Bank Accounts 2.15. All funds of the Partnership shall be deposited in a checking account in the name of the Partnership at the Encinitas, California branch of Bank of America and/or in such other accounts in the name of the Partnership at such bank or other banks as may from time to time be selected by the Partners. All withdrawals from any such account or accounts shall be made only by check or other written instrument signed by either ROBERT J. LEWIS or CHARLES N. ELSBREE. ARTICLE 3. RIGHTS AND DUTIES OF PARTNERS Time Devoted to Partnership 3.01. The Partners shall be required to devote so much of their time and attention to the Partnership business as all of the Partners shall deem reasonable or necessary for the furtherance of such business. No Partner shall intentionally do any acts to compete with the Partnership business, except that the foregoing shall not preclude either Partner from making and retaining investments in his own name in any type of property, including real property. . I Management 3.02. Each Partner shall have an equal vote in the management of the Partnership business, and agreement on any Partnership matter by both of the Partners shall be authority for the Partnership to act. Notwithstanding anything to the contrary above, each Partner is hereby given the right, until both Partners agree otherwise, to supervise the day-to-day operations of the V Partnership business in the general geographical area of such Partner's residence without requiring the consent of the other Partner for each action taken in connection therewith. Power to Convey, Enter into Contracts and Incur Liabilities 3.03. The signatures of both Partners shall be required to convey title to any real property held in the Partnership name V by a conveyance as defined (to include mortgaging, liening, and encumbering as well as selling) in Section 15010.5(2) of the California Corporations Code; either Partner, however, may enter into other verbal or written contracts on behalf of, or otherwise incur obligations or sign notes in the name and on the credit of, the Partnership, so long as the prior consent of the other Partner is first obtained (except where such consent is not required in connection with a matter involving the day-to-day management of the Partnership business pursuant to Paragraph 3.02 above.) Reimbursement of Expenses 3.04. The Partnership shall indemnify a Partner for payments made and personal liabilities reasonably incurred by -7- . S him in the ordinary and proper conduct of the Partnership business or for the preservation of the Partnership business or property. Prohibited Acts 3.05. No Partner shall, without the consent of the other Partners: (a) Loan any Partnership funds; (b) Assign, pledge, or encumber any Partnership property or his interest in the Partnership; (c) Compromise or release any claims of or debts due to the Partnership; (d) Extend Partnership credit to any person a Partner has notified the Partnership not to trust; (e) Incur any obligations in the name or on the credit of the Partnership except in the ordinary course of the Partnership business; and (f) Do any act which would make it impossible or impracticable to carry on the ordinary business of the Partnership. Should a Partner act in violation of the provisions contained in this Paragraph, the obligation ensuing from such violation shall he the sole responsibility of that Partner, and the Partnership shall not be liable therefor; and any loss sustained by the Partnership because of such violation shall be deducted from such Partner's share of the net profits of the Partnership. : Personal Debts 3.06 Each Partner shall pay and discharge as they become due his tseparate obligations, and protect the other Partner and the Partnership from all costs, claims, and demands in relation thereto. Assignment of Interest 3.07. No Partner shall sell, assign, mortgage, hypothecate, or encumber his interest in the Partnership, without the written consent of the other Partners. ARTICLE 4. TERMINATION OF A PARTNER'S INTEREST IN THE PARTNERSHIP AFTER CERTAIN EVENTS Death of a Partner 4.01. Death of a Partner shall automatically be deemed to terminate the deceased Partner's interest in the Partnership. Bankruptcy or Charging Order 4.02. Subject to the following paragraphs hereof, one Partner may by service of a written notice stating the effective date thereof on both the other Part ier and on the trustee in bankruptcy of such other Partner or upon the judgment creditor of such other Partner who has obtained a charging order against his interest, terminate the interest in the Partnership of such other Partner: mm I (a) Who shall have been adjudged a bankrupt pursuant to a petition in bankruptcy filed by or against him under the Bankruptcy act of the United States; or (b) Against whose interest in the Partnership a charging order has been issued pursuant to Section 15028 of the California Corporations Code and not removed within 30 days after it is issued. Withdrawal of a Partner 4.03. Withdrawal of a Partner from the Partnership shall automatically be deemed to terminate the withdrawing Partner's interest in the Partnership. Option to Liquidate the Partnership Assets or Purchase Terminated Interest 4.04. If a Partner's interest in the Partnership should be terminated pursuant to the provisions of any of the afore- mentioned Paragraphs 4.01, 4.02, or 4.03 the remaining Partner shall have the option, either: to exercise Option (1), namely, to dissolve, wind-up, and liquidate the Partnership business, and after payment of all Partnership liabilities in accordance with their ranking set forth in Section 15040 of the California Corpora- tions Code, to distribute any assets remaining among himself ahd the terminated Partner or his legal representative in the same -10-- proportion that each Partner's then existing capital account bears to the total of the then existing capital accounts of all Partners; or, to exercise Option (2), namely, to continue the Partnership business upon payment to the terminated Partner or ft his legal representative by the Partnership or by the remaining Partner of the value of the terminated Partner's total interest in the Partnership in accordance with Paragraphs 4.05 and 4.06 below. The remaining Partner shall exercise either Option (1) or . Option (2) by serving written notice on the terminated Partner or his legal representative, as the case may be, of the option selected within ten (10) days after the interest of the Partner in question has been terminated, the date of exercise of the option being the date so specified in the notice. Calculation of Purchase Price of Terminated Partnership Interest 4.05. Immediately upon the exercise of Option (2) described in Paragraph 4.04 above, i.e., the option by the remaining Partner to continue the Partnership business by purchasing the terminated Partner's interest in the Partnership, the Partnership or the remaining Partners shall pay to the terminated Partner or his legal representative, as the case may be, in accordance with Paragraph 4.06 hereof, the fair market value, as of the date of exercise of Option (2), of said terminated Partner's total interest in the Partnership which fair market value is to be determined by the unanimous agreement of the purchasing Partner -11- . I and terminated Partner or his legal representative. In the event that these parties are unable to agree upon such a fair market value, each party shall appoint an appraiser (which may be the same person) to determine such fair market value. In the event that the appointed appraisers are unable to agree on such a value, the appraisers shall agree upon and appoint one additional appraiser who, alone, shall determine such fair market value. The fair market value of such terminated Partner's interest s determined by such appraisers or appraiser shall be conclusively binding on all of the parties concerned. Payment of Purchase Price of Terminated Partnership Interest 4.06. Upon exercise of the aforementioned Option (2) in those situations where a Partnership interest has been terminated, the Partnership or remaining Partner shall pay to the terminated Partner or his legal representative the value of the terminated Partner's total interest in the Partnership as determined in Paragraph 4.05 hereof. This sum shall be payable in forty-eight (48) equal installments of principal and interest thereon, computed at the rate of 8% per annum from the first day of the month following the date in which Option (2) was exercised, and such installments shall be payable commencing the first day of the second month following the date in which Option (2) was exercised, and on the first day of each month thereafter until paid in full. Nothing in this Paragraph, however, shall prohibit complete pay- off of said sum prior to the 48 month period. Notwithstanding -12- Partner or his legal representative from liability for future obligations of the Partnership business. Other Dissolution 4.09. On any dissolution of the Partnership other than as provided in Paragraphs 4.01 through 4.04 of this Agreement, the affairs of the Partnership shall be wound up, the assets liquidated, the debts paid, and the remaining funds divided among the Partners in accordance with the provisions contained under Option (1) in Paragraph 4.04. ARTICLE 5. MISCELLANEOUS Notices 5.01. Any and all notices between the parties hereto provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally de- livered to a Partner, or, in lieu of such personal service, when deposited in the United States mail, certified, postage prepaid, addressed to such Partner at the Partnership place of business given in Paragraph 1.04 hereof or to such other place as may from time to time be specified in a notice given pursuant to this Paragraph as the address for service of notice on such Partner. 5.02. This Agreement may be altered or amended only by the unanimous consent of all Partners, -14- . I Attorney's Fees 5.03. Should any litigation be commenced between the parties hereto br their personal representatives concerning any provision of this Agreement or the rights and duties of any ft person in relation thereto, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for their or his attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose. Sole and Only Agreement 5.04 The determination of any legal issues arising during the duration of this Partnership not answered by this Agreement shall be governed in accordance with the provisions of the Uniform Partnership Act as contained in the Corporations Code of the State of California. Binding on Heirs 5.05. This Agreement shall be binding on the Partners hereof, their heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have entered into -15- . . this Agreement of Partnership on the day and year first above indicated. ROBERT J./LEWIS • LI C CHITZLES N. ELSBRZY -16- ic 0 Costa Rea Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Dept: 438-3367 September 7, p1988 Robert Lewis 1647 Hygeia Encinitas, California 92024 Re: A.P.N. 155-272-14 & 15, Villas Do Carlsbad II, S/S Knowles @ Davis, 1101-1111 Knowles, seven (7) units, domestic use Dear Robert: The subject project is located within the Costa Real Municipal Water District service area. Water service can be made available to each lot/unit that may be developed at the time an application for ser- vice is completed, and all applicable fees are paid. The applicant shall meet the conditions of the Costa Real Municipal Water District and its Water Master Plan. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifica- tions" dated January 1987. Developer/Owner shall meet with the Fire Marshal and District Engineer and meet all requirements to provide fire and domestic flow and will pay all costs associated with providing said service. Very truly yours, Engine ing Supervisor FJW:sja CRMWD 88-C-229 ARTATIVE TRACT MAP CHECK Lr COMMENTS PROJECT NUMBER 1. 15 tentative map 2. 1 site plan 3. 1 location map 4. EIA & $175 GILL- 5. PFF Agreement (2) $25 6. Disclosure 7. Owner's list & labels (2) + postage 8. 600 ft. radius map 9. 10. Seheo r 11. Proof of sewer/water 12. Colored site & elevation plan 13. Waive time limits 14. Constraints map 15. Traffic volume map 66- DATE _____________ SIGNATURE J FTSITT!L DATE 10-4-88 JOB NO. 1 6372-1 ATTENTION Jim Murray / Wilma RE. Lewis/Elsbree Knowles Avenue M111AN SMITH, ENGINEENC. 2656 State Street CARLSBAD, CALIFORNIA 92008 Phone 729-8981 TO CITY OF CARLSBAD Engineering Department GENTLEMEN: WE ARE SENDING YOU Attached El Under separate cover via following items: 0 Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications 0 Copy of letter 0 Change order El COPIES DATE NO. DESCRIPTION 1 PUD application Filing fee $1,329.50 Please exchange this PUD form with the Site Dev. Plan application. Date of originally submitted package was 9-28-88. (Jim Murray knows the circumstances) THESE ARE TRANSMITTED as checked below: 0 For approval El Approved as submitted El Resubmit copies for approval o For your use El Approved as noted El Submit copies fOr distribution El As requested El Returned for corrections El Return _______corrected prints 0 For review and comment El 0 FOR BIDS DUE 19 El PRINTS RETURNED AFTER LOAN TO US REMARKS p01 crr. Ojci.st Jwj COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. I p ot 'a I- SI) e tn -- P® ®I® 2 16 I I_' •- .-S._.- I — 1 LAGUNA S&5 DIEGO COOTT ASSESSOR'S HAP BE 155 PG 27 StP?(7 FOR 55SESSM)' PURPOSES ONLY rl - . ® rT __ - 3. z E1D . 44 -. Y . , . $ 4 4IP AC ® ® POR I.. UNMBD LOT 0.89 AC.. '$ . - F - - . ' • t BLK9 . AAP 1148.F-CARLSBAD TCT. 83-23 (CONDM) lAP 3382 KNOWLES PARK - LOTS 1-19 lAP 486 - SUNNY SLOPE TCT - BLKS 1. 2 & POR BLKS 7-9 & 13 EC 8 - T12SR4W - POP S 1/2 LOT 1 & POR NE 1/4 OF NW 1/4 ROS 10439 - ltI 111 1 I tF _ fl• uJ 0 1i ______ Z 1.11 I •s. .,sI-#S 1<_IIl[LJ_ 7S 75 I IL ____________________ tTh 442 C14 T/A/ ,414," II U s?r rwr rnaff ,no 1 foil 11 I 1*1s1f! Ii U] 1UUT s-i/e /iV e'a' 'L F9 NC Dô'7 2 aw dIXl'Y ,VO/1b'207 ..W4/Z2 70/1