HomeMy WebLinkAboutCT 89-18; RANCHO VERDE; Tentative Map (CT)• City of Carlsbad
2015 Las Palmas Drive
Carlsbad, CA 92009
(619) 38-1161
-ee $530.00 (1-25 lots or units)
$765.00 (26-100 tots or unit
$1,310.00 (100 + lots or units
C-
PLANNING DEPARTMENT
TENTATIVE TRACT MAP
Complete Description of Project (attach additional sheets if necessary)
The proposed prolect consists of 174 single femily dwelling units on approximately 216
acres with a minimum lot size of 25 0 000 *iiare feet.
Location of Project
The Project is located at the southeast corner of the City of Carlsbad, bordered on 2
sides by the City of Encinitas.
Legal Description (complete)
Portions of Lots 8, 9, and 15 of the subdivision of Rancho Las Encinitas, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof 848,
'filed in the office of the County Recorder of said San Diego County, June 27, 1898.
Local Facility Management Zone Assessors Parcel Number
Zone 11 255-031-17; 264-010-21, 22, 23, 25; 264-220-71
:one General Plan Existing Land Use
R-1-25,000:PC RL Vacant I Agriculture
Proposed Zone Proposed General Plan Site Acreage
R-1--25,000:PC EL 216.16
Owners ' Applicant
lame (Print or Type) Rancho Verde and Name (PrintIfrB,b4
Fieldstone/La Costa Assoc. Ltd. Partnership, Brighton Homes ' AL AVfl\
Mailing Address Mailing Address c
5465 Morehouse Dr. Suite 250 505 N. Tustin Ave. Suite 250
City and State Zip Telephone City and State Zip Telephone
San Diego, CA 92121 (619) 546-8081 Santa Ana, CA 92705 (714) 667-3999
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 AN,D CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
Y KNOWD ., AND CORRECT TO THE BEST OF
PeA1,7h/ • MY KNOWLEDGE.
J
TURE DATE IGNATURE DATE S GN
1--a
- P1
)atApplication Rec'd ' Rece(ved By Fees Weived Receipt No
PROJECT NUMBER (S)
DISCLOSURE FORM
APPLICANT: Brighton Homes
Name (indivTduãl, partnership, joint venture, corporation, syndicatio)
505 N. Tustin Ave. Suite250, Santa Ana, CA 92705
Business Address
(714) 667-3999
Telephone Number
AGENT: ADL Planning Associates
Name
5962 La Place Ct. Suite 205, Carlsbad, CA 92008
•Business Address
(619) 931-8637
Telephone Number
MEMBERS: Fieldstone/La Costa Assoc. Ltd. Partnership, A California Partnership
Name (individual, partner, joint Home Address
venture, corporation, syndication)
5465 Morehouse Drive, Suite 250, San Diego, CA 92121
Business Address
(619) 546-8081
Telephone Number Telephone Number
Rancho Verde, A California Limited Partnership
Name Home Address
1391 Desert Rose Way, Olivenhain, CA 92024
Business Address
(619) 753-6265
Telephone Number Telephone Number
(Attach more sheets if necessary)
1/We understand 'that if this project 1s located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
[/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.
P-2A(P ICANT
BY Kekleh
Owner, Partner
s . S City of arlsbad
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETiONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
Brighton _Carlsbad _Associates
505 North Tustin Avenue, Suite 4250
Santa _Ana, _California 92705
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved,
Brighton _Carlsbad _Associates
505 North Tustin Avenue, Suite 1250
Santa _Ana, _California 92705
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershp
interest in the partnership.
AR ((XJP,
a California General Partnership
950 South Cnt Drive, Suite 4200
Costa Mesa, California 92626
* David Ball
* George Argyros
* George Argyros
* Brighton Rcxnes If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar
of the trust.
N/A
(Over) 0
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boar:
Commissions, Committees and Council within the past twelve months?
Yes No if yes, please indicate person(s)________________________________________________
Person is defined as: 'Any indMdua, firm, copartnership. jfr' 'ttre, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality , district or other political subdivision, or any other group or combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
460
Signature of Owner/date
Brent H. Ball, Vice President
BRIGMON (JP t, .P.,
a California Limited Partnership,
Its Managing (nera1 Partn
Print or type name of owner
Signature of applicant/date
Brent H. Hall, Vice President
BRIJXx4 GROUP hp.,
a California Limited Partnership,
Ti-cm Managin g (nr1 Pv+nr
Print or type name of applicant
(0
. 0
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.
- 7
iature Date
He . /Z /% 1 '1
Name (Print) - . ReIathr'ship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
0 CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: RANCHO VERDE - CT 59-15/PUT) 59-23/l-1DP 89-35/SUP 90-5
LOCAL FACILITY MANAGEMENT ZONE: 117 PLAN: RL
ZONING: PC/12-11-25,000
DEVELOPER'S NAME: BRTCTT-ITON T40MRS
ADDRESS: 505 N. TIJSTTN AVENUE - SUITE 250 -SANTA ANA, CA 92705
PHONE NO.: (714) 667-3999 ASSESSOR'S PARCEL NO.: 255-010-17, 264-220-71, 264-010-21,22,23,25
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 216 ACRES/i 74 D.IJ.
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 644.9
B. Library: Demand in Square Footage = 344.2
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage = 1.3
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs = 1.740
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 6
H. Open Space: Performance Standard 29.4
I. Schools: 132
(Demands to be determined by staff)
J. Sewer: Demand in EDUs - 174
Identify Sub Basin - LEUCADIA CWD
(Identify trunk line(s) impacted on site plan)
K Water: Demand in GPD - 38.280
L. The project is .21 dwelling units below the Growth Management Dwelling unit allowance.
Form No. 1068-1 (Rev. 7/88)
Exhibit A to Preliminary Report
ç A M E R r
4
Preliminary
Report
First American Title Insurance Company
qit
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (7-88)
SCHEDULES
EXCEPTIONS FROM COVERAGE
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 maybe asserted by persons in posses-
sion 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any low, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting regulating, prohibiting or relating to (i) the
occupancy, use, or enloymentof the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is orwas a port ; or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has
been recorded in the public records at Dote of Policy.
(b) Any governmental police power not excluded by (o) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Dote of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding fro coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant ;
(b) not known tothe Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing lathe Company by the insured claimant prior
to the date the insured claimant became an insured under this policy ;
(c) resulting in no loss or damage to the insured claimant ;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebted-
ness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is basedupon usury or any
consumer credit protection or truth in lending law.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance orgovernmental 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 reduction in the dimen-
sions of area of the land, or the effect of any violation of%ny such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Dote of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became aninsured hereunder ; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title ssociation policy is used as a Standard Coverage Policy and not as on Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the
following exceptions to coverage appear in the policy.
SCHEDULES
This policy does not insure against lass or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmenL on real property 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 said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbranceswhich are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shr,''reo, encroachments, or any other facts which a correcto'ould disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or ex patents or in Acts authorizing the issuance thereof ; v or title to water.
6. Any lien, or right to a lien, For services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
A M E R /
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ORDER NO. 987560-14
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MAY 17, 1989
FIRST AMERICAN TITLE INSURANCE
ESCROW DEPARTMENT
411 IVY STREET
SAN DIEGO, CALIFORNIA
ATTN: KATHY DEIR
ESCROW NO.: 989055-KD
OUR ORDER NO.: 987560-14
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY 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 HEREIN 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 HEREIN. 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 APRIL 13, 1989 AT 7:30 A.M.
"(z
KEVIN MC CARTHY/NJ - ---T20LE OFFICER
DIRECT DIAL PHONE 231-4665
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ORDER NO. 987560-14
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
L. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED OCTOBER 29, 1971 AS FILE NO. 251349 OF
OFFICIAL RECORDS.
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ORDER NO. 987560-14
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL V.
5. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 7, 1981 AS FILE NO. 81-213344 OF
OFFICIAL RECORDS.
6. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 2, 1982 AS FILE NO. 82-207276 OF
OFFICIAL RECORDS.
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUN OF $150,000,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 17, 1988 AS FILE
NO. 88-592631 OF OFFICIAL RECORDS.
DATED: NOVEMBER 5, 1988
TRtJSTOR: FIELDSTONE/LA COSTA ASSOCIATES LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY
BENEFICIARY: CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST
COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
8. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED
TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS, COVENANTS AND PROVISIONS.
9. THE REQUIREMENT THAT THIS COMPANY, BE FURNISHED A COPY OF ANY
AMENDMENTS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE
VESTING HEREIN.
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ORDER NO. 987560-14
1988-1989 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09045
264-220-71
$6,770.58 PAID
$6,770.58 PAID
$1,293,776.00
09045
255-031-17
$371.69 PAID
$371.69 PAID
$71,027.00
$-o-
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ORDER NO. 987560-14
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 8 AND 9 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
27, 1898.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY
BOUNDARY OF CARLSBAD TRACT NO. 75-9(B) UNIT NO. 1 1 ACCORDING TO MAP
THEREOF NO. 9958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 31, 1980, AND LYING WESTERLY AND NORTHWESTERLY
OF THE EASTERLY AND SOUTHEASTERLY BOUNDARY OF LAND DESCRIBED AS
PARCEL 2 IN CERTIFICATE OF COMPLIANCE RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1981 AS FILE NO. 81-
213344 OF OFFICIAL RECORDS.
PAGE 5
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4,jICAN LAND TITLE ASSOCIATION LOAN POLI4-70)WITH
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NDORsEM!NrraR I'COVERAGE (AME
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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 reduction in the dimen-
sions or area of the land, or the effect of any violation of any such low ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant ; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage
and not disclosed in writing by the insured claimant to the Company prior to the date such insul ed 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 0f any subsequent owner of the indebtedness to comply with applicable "doing
business" laws of the state in which the land is situated.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances 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 public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof ; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1987
WITH A.LT.A ENDORSEMENT FORM 1 COVERAGE (10-21-87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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 apart ; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extentthat a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a viola-
tion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the dote the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or
material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenlorceablity of the lien of the insured mortgage because of the inability orfailure of the insured at Date of Policy, or the inabilty or failure of any subsequent ownerof the indebtedness,
to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any
consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improve-
ment or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1987 (10-21.87)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the
following exceptions to coverage appear in the policy.
(continued on back) ::iI:I I
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof,
3, Easements, claims of easement or encumbrances 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 re not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1987 (10-21-87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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 apart ; or (iv) environmental protection, or the effect of any violation of these lows, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of odefect, lien or encumbrance resulting from oviolation orolleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting From a viola-
tion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the dote the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - 1987 (10-21.87)
WITH: REGIONAL EXCEPTIONS
When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the
following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insured against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
2. Any facts, rights, interests; or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title towater.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereolte' furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Dote.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date . this does notilimit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area sper' -scribed and rferred to h. Item 3 of Schedule A, or -
• in streets, alleys, or waterways ti .ur land
This exclusion does not limit the access coverage- of Covered Title Risks. - -
RECORDING REQU.ESTEIY AND ) I
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
264-010-21,22,23,25
Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into us 12th day of
19 by and between Brighton Homes
(Name of Developer)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whoSe address is 505 N. Tustin Ave. SUite 250
(Street)
Santa Aria, CA 92705
(City, State, Zip Code)
and -'• ' Rancho Verde, a California Limited Partnership
(Name of Legal Owner)
a Partnership , hereinafter referred to as
(Individual, Corporation, etc.)
"Owner" whose address is 1391 Desert Rose Way
(Street)
Olivenhain, -CA: 92024
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City, whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 7-28-87
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A"; attached to 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 has contracted with Owner to purchase the
Property and proposes a development project as follows:
174 Single Family Detached Dwelling Units on 216 acres
on said Property, which development carries the proposed name of
Rancho Verde
and is hereinafter referred to as "Development"; and
-
WHEREAS, Developer filed on the day of
with the City a request for Tentative Tract Map and Hillside
Development Permit
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 July 28, 1987, 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 7-28-87
•0
•
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 convenants
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 3.5% 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 and Owner shall pay a fee for conversion of existing building
or structures into condominiums in an amount not to exceed 3.5% 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 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 mobile home 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.
REV 7-28-87
Developer and Owner #1 pay the City a public facili s fee in the sum of
• $1,150 for each mobile home 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 offer 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.
'I. 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.
-4-
REV 7-28-87
5. c;t agri to provide upon request Anable 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 by 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
V
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 ensure 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 references 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.
-5-
REV 7-28-87 I
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 Cit y .
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
STATE OF CALIFORNIA ss J COUNTY OF SAN DIEGO
ON -------------------Jun -------------,---------------------------------------------------- 19, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
KENNETH R. MEDDOCK ---------------------------:-::::- -
OFFICIAL SEAL
MARiANSCHMIDT proved to me on the basis of satisfactory evidence to be the person------who
NOTARY PUBLIC-CALIFORNIA Director PRINCIPAL OFFICE IN executed the within instrument as fLafldDeVe1o .ft}
SAN DIEGO COUNTY
My Commission El rtttryof the Corporatior therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By-laws
or a Resolution of its Board of Directors.
CORPORATION ACKNOWLEDGMENT Notary's Signature ------------------------------
Form No. 14 Rev. 7-82
DI - '-- '—'- - - AAQTIM flRMVAK
PARTNERSHIP ACKNOWLEDGMENT ' cTi- s NO 203
LA •4 3-t) a, -' -4-O
State of CQA -
-' ) On this the :2 day of _11u Q 19-21--", before me,
SS. —
County of o) •__-(_1
the undersigned Notary Public, personally appeared
:L6IALSEZ
personally known to me
, DORIE UNDERDOWN proved to me on the basis of satisfactory evidence
Notary Public-California K to be the person( who executed the within instrument on behalf of the SAN DIEGO COUNTY
partnership, and acknowledged to me that the partnership executed it. MYGomm Jan. 4.i99J
Wl(rNESs my hand and official seal.
Notary's Signature
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 in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
I County, California as of the date first written above.
OWN ERS L ' /Rancho Verde
2:T ,L?,eo
c92v. /-
7
4
I.
nature
BY 1KAIVN.E i9 R. 11JDPc (
(Name)
(Signature)
(Name)
(Signature)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
TITLE 19 01 O,'I4N9
BY_________________
TITLE_________________
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
MARTIN ORENYAK
For City Manager
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 7-28-87 51
EXHIBIT A
LEGAL DESCRIPTION
Portions of Lots 8, 9, and 15 of the subdivision of Rancho Las
Encinitas, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 848, filed in the
office of the County Recorder of said San Diego County, June
27, 1898.
/
REV 3-1-88 7
EXHIBIT 2
Recording Requested by:
City of Carlsbad
When Recorded Mail to:
City of Carlsbad
City Clerk's Office
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
AFFORDABLE HOUSING IMPACT FEE REFUND AGREEMENT
THIS AFFORDABLE HOUSING IMPACT FEE REFUND AGREEMENT
("Agreement") is entered into as of , 1996, by and among the CITY OF
CARLSBAD, a municipal corporation ("City") and CENTEX REAL ESTATE
CORPORATION, a Nevada Corporation ("Centex"), with regard to the following facts:
A. This is an Affordable Housing Impact Fee Refund Agreement entered into
pursuant to Chapter 21.85 of the Carlsbad Municipal Code ("Code").
B. Chapter 21.85 of the Code establishes requirements for providing housing
that is restricted to and affordable by lower-income households for all approved
residential units. This chapter also establishes requirements for certain classes of
projects which may pay an Inclusionary Housing Impact Fee ("Impact Fee"). These
requirements are generally referred to as "Inclusionary Housing Requirements."
C. Centex is the owner and developer of certain real property legally described
on attached Exhibit "A" that is located in Local Facilities Management Zone 11 of City of
Carlsbad ("Centex Property"). The Centex Property is subject to and has received
discretionary approvals from City for Tentative Subdivision Maps (CT 89-18 and CT 85-
10) commonly known as Rancho Verde and the Rice Property, respectively. The
approvals and conditions are contained in City Council Resolution No. 90-274, dated
August 7, 1990, and City Council Resolution No. 8661, dated July 8, 1986, respectively.
D. Pursuant to Chapter 21.85 of the Code and the approvals and conditions
referred to in Recital C above, Centex must pay to the City an lnclusionary Housing
Impact Fee (currently $2925 per market rate unit developed on the Centex Property).
Based on the above referenced approvals, the Centex obligation to pay impact fees is
currently estimated to be a total of $1,053.000 based on 360 approved units on the
Centex Property.
E. Pursuant to Section 21.85.040 of the Code, the City Council has approved
construction of up to sixty-four (64) Second Dwelling Units in accordance with the
requirements and restrictions of Section 21.10.015 of the Code by approving the Site
Development Plan for Rancho Verde (SDP 95-07) on March 26, 1996.
F. Centex and City desire that Centex satisfy its Impact Fee requirement and
conditions of approval by building sixty-four (64) Second Dwelling units ("Second
Units") in the Rancho Verde subdivision, in accordance with Section 21.10.015 of the
Code. Sixty-four (64) Second Units represent 15% of the total units approved for both
subdivisions within the Centex Property, inclusive of the Second Units.
Notwithstanding this desire to build Second Units, Centex will have the obligation to
pay Impact Fees to City. City will have the contingent obligation to refund some or all
of said Impact Fees to Centex by entering into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and for other valuable
consideration, Centex and City agree as follows:
1. CENTEX CONSTRUCTION OF SECOND UNITS -
Centex may fully satisfy the Inclusionary Housing Requirements and the
conditions of approval applicable to the Centex Property by constructingsixty four (64)
Second Units in the Rancho Verde subdivision in accordance with SDP 95-07
concurrently with the development of market units. Second Units will be constructed in
accordance with the requirements of Chapter 21.10.015 of the Code.
2. PAYMENT OF IMPACT FEES AND REFUND OF IMPACT FEES FOR
SECOND UNIT CONSTRUCTION
A. Centex will pay the City at the time of building permit application the Impact
Fee then in effect on each market rate unit as constructed on the Centex Property
(currently $2925 per unit). The construction of Second Units by Centex will enable
Centex to recover Impact Fees in the manner described in this paragraph and to the
extent that Centex is able to construct the Second Units.
B. Each year on the anniversary date of this agreement, Centex may submit a
written request to the Community Development Director for a refund of Impact Fees.
The refund, if any, will be equal to the lesser of: (1) the number of Second Units
completed during the preceding year times the "Credit for Second Units" or (2) actual
Impact Fees paid. If (1) exceeds (2), the difference will be carried over to the next
calculation. The "Credit for Second Units" is currently estimated to be,46453,
determined by dividing the Centex total impact fee (currently estimated at 053 006)
by sixty-four (64), the maximum number of Second Units which is acceptable to
in lieu of the total Impact Fee. In no event will Centex be reimbursed in an amount
greater than the total Impact Fees actually paid.
C. Upon receipt of the Centex refund request and appropriate documentation
acceptable to the Community Development Director, the City will promptly refund
Impact Fees to Centex in accordance with the above.
D. Except as limited by paragraph 5 hereof, after Centex has drawn building
permits, and accordingly paid Impact Fees, for all authorized market rate units on the
Centex Property, and the final calculation of Centex refunds pursuant to this paragraph,
City will retain all remaining Impact Fees, if any.
3. SATISFACTION OF CENTEX'S INCLUSIONARY HOUSING
REQUIREMENTS AND CONDITIONS OF APPROVAL
Centex shall fully satisfy the Inclusionary Housing Requirements applicable to
the Centex Property as set forth in the Code and the conditions of approval of their
Tentative Maps (CT 89-18 and CT 89-10) and condition No. 9 of SDP 95-07 by entering
into this Agreement and performing according to its terms.
Failure of Centex to perform according to the terms of this Agreement will be a
failure to satisfy the Tentative Map Conditions with respect to the Centex Property and
Chapter 21.85 of the Code; and the City may exercise any and all remedies available to
it with respect--to the Centex's failure to satisfy the above conditions of approval
including but not limited to, withholding the issuance of building permits for the Centex
Property.
4. FUTURE OBLIGATIONS OF CENTEX
A. Centex shall require all purchasers of Second Dwelling Units constructed
pursuant to this Agreement to apply for, obtain, and maintain in good standing for the
useful life of the main dwelling, a Second Dwelling Unit Administrative Permit provided
for in Section 21.10.015 of the Code. This obligation shall apply to all successors and
assigns, and run with the land.
B. Except as provided for in this Agreement, Centex shall have no responsibility
or any other obligation whatsoever as to the Inclusionary Housing Requirements.
Upon execution of this Agreement, Centex waives any right to pursue other options or
provisions of Chapter 21.85 in satisfying its Inclusionary Housing Requirements.
5. TERM
This Agreement shall expire 60 days after the completion of the last
market rate unit on the Centex Property or four (4) years from the effective date of this
Agreement, whichever event occurs first. In the event this Agreement expires, the City
is no longer obligated to provide Credit for Second Units, and Centex shall remain
obligated to pay remaining Impact Fees, if any.
6. INDEMNIFICATION
Centex shall defend, indemnify and hold harmless City and its officers,
employees and agents from any claim or liability arising out of this Agreement.
7. CONTRACT ADMINISTRATOR
Each party designates the individuals listed below as said party's Contract
Administrator, who is authorized by said party to represent them in the routine
administration of this Agreement. City's Administrator is authorized to extend the time
within which Centex is required to perform any provision of this Agreement, and/or
waive any technical default in the performance of this Agreement.
3
CITY OF CARLSBAD: MARTIN ORENYAK
Community Development Director
CENTEX REAL ESTATE
CORPORATION:
8. BINDING EFFECT;'ASSIGNMENT
This Agreement shall be binding upon Centex and City and their respective
successors-in-interest. Centex shall not have the right to assign this Agreement or any
interest or right hereunder -without the prior written consent of City, which consent may
be withheld in City's sole and absolute discretion.
9. ATTORNEYS' FEES AND COSTS
In the event of any controversy, claim or dispute between or among Centex and
City arising out of or relating to this Agreement or breach thereof, the prevailing party
shall be entitled to recover from the losing party reasonable expenses, attorneys' fees
and costs.
10. SEVERABILITY
In the event any limitation, condition, restriction, covenant or provision contained
herein is held invalid, void or unenforceable by any court of competent jurisdiction, the
remaining portions of this Agreement shall nevertheless be and remain in full force and
effect.
11. NOTICES
Any notices required pursuant to this Agreement shall be in writing and may be
given by personal delivery or by registered or certified mail, return receipt requested, to
the party at the address set forth below. Addresses for notices may be changed by
written notification thereof to the other party:
TO CITY:
City of Carlsbad
Housing & Redevelopment Department
Attn: Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
4
TO CENTEX:
Centex Real Estate Corporation
San Diego Division
5962 La Place Court
Suite 250
Carlsbad, California 92008
12. INTEGRATED AGREEMENT
This Agreement constitutes the entire agreement among the parties and no
modification hereof shall be binding unless reduced to writing and signed by all parties
hereto.
13. APPLICABLE LAW
All questions pertaining to the validity and interpretation of this Agreement shall
be determined in accordance with the laws of the State of California applicable to
contracts made and to be performed within the State of California.
14. RECORDATION
This Agreement shall be recorded in the Officials Records of San Diego County,
California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of , 1996.
CITY OF CARLSBAD
A Municipal Corporation
CLAUDE A. LEWIS
MAYOR
APPROVED AS TO FORM:
RONALD R. BALL
CITY ATTORNEY
CENTEX REAL ESTATE CORPORATION
A Nevada Corporation
By:
Printed Name:
Title:
By:
Printed Name:
Title:
ATTEST:
ALETHA L. RAUTENKRANZ
CITY CLERK
CentexAgree.Word
(ar - 7/96)
6
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On before me,
personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
)ss.
COUNTY OF
On before me,
personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me,
personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me,
personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
8
EXHIBIT "A"
LEGAL DESCRIPTION OF CENTEX PROPERTY
(RICE CANYON AND RANCHO VERDE)
EXHIBIT "A"
A-I
Olivenain Municipal Water District
BOARD OF DIRECTORS GENERAL COUNSEL
Harold L. Gano, President 1966 OLIVENHAIN ROAD Smith and Peltzer
Howard G. Golem, Vice President ENCINITAS, CALIFORNIA 92024-9761 ENGINEER
Ann L. Peay, Secretary PHONE (619) 753-6466 Boyle Engineering Corp.
Thelma M. Miller, Treasurer FAX: (619) 753-1578 MANAGER
Harley L. Denk, Director William H. Hollingsworth
17 Nay, 1989
County of San Diego
Dept. of Planning & Land Use
5201 Ruffin Road, Suite B3
San Diego, CA 92123 -
Re: Tax Assessors Parcel Nos.: 264-010-21/22/23/25
Subject: Water Availability Letter
The fee owner,_ Brighton Hates , has requested the District to provide a Water
Availability Letter for the property identified above for a proposed project
described as: Subdivision: 174 dwelling units . This property is in the District
and eligible to receive domestic service at this time.
The District has adequate facilities in this area. There is capacity in these
facilities to serve the proposed project at the present tine. Water service is
available now at the minimum of 25 psi pressure at the District's main under normal
operating conditions and upon catletion of all necessary facilities, including any
required on-site and off-site water lines, appurtenances, or facilities. However,
all water received by the District is imported from other agencies. Accordingly,
there is no guarantee that water will be available when service is requested.
The District has been requested to furnish a staff estimate, based on current
conditions, of the availability of water service in this area. This letter is issued
for planning purposes and is not a representation, express or implied, that the
District will provide service at a future date. Cciiinitnnts to provide water service
are made only by the District's Board of Directors and are subject to the applicant's
compliance with the District's fees, charges, rules, and regulations, the
Environmental Quality Act of 1970, as amended, and the applicant's agreement to
construct any required on-site and off-site facilities together with the applicant's
providing security as required by the District for construction.
The issuance of this Water Availability letter does not grant the applicant any water
rights. The applicant does not secure a right to water until application for service
is made and approved by the District, and the applicant has complied with all
requirements of the District. The failure of the applicant to pay any fee or charge
of the District when due, or to comply with other requirements of the District, shall
entitle the District to unilaterally terminate this Water Availability Letter, and
all further rights of the applicant to water service.
Capacity fees are paid to the District to reserve future water service for the
project contingent upon the applicant paying all fees and charges, and complying with
all requirements of the District. The payment of all capacity fees by the date they
are due is an express condition precedent to any right of the applicant to receive
future water service. The failure of applicant to make any capacity fee payment by
A Public Agency incorporated on March 24, 1959; formed under the Muncipal Water District Law of 1911
Section 71000 et. seq. of the State of California Water Code
. 0
Water Availability Letter
APN Nos. 264-010-21/-22/-23/-25
May 17, 1989
Page 2
the date it is due shall autanatically terminate the right of applicant to receive
future water service and no previous capacity fee payments paid by the applicant
shall be refunded. Reinstatement of the water cctIltLttment requires the repayment of
all applicable capacity fees and other fees and charges of the District and
catliance with all requirements of the District.
This ccaiuitnEnt is conditioned on the following additional requirements:
1. All facilities as delineated in the District's water system analysis for
the Rancho Verde development, dated Nay, 1989, are to be installed at
proponent expense.
2. All easements as required by the study as well as those required as a
result of subsequent evaluation will be granted with title policies prior
to construction.
3. In the event that the contiguous development to the west, the Rice
Development, is constructed, two connections to that project are required.
If the Rice project is not constructed, there will be an off-site extension
and connection to Pressure Zone 2 at the existing Santa Fe Knolls/Unit 1
connection point. These points are made more clear on Plate 2 of the
referenced study.
4. SPECIAL NOTE: The District's Unit K, Phase 1 major transmission 30-inch
pipeline runs through a number of the lots of this subdivision, i.e., Lots
91, 92, 93, 94, 95, 96, 98 and 74. This major transmission line will be
defended against encroachment by the installation of a 5-foot chain link
fence on both sides of the 30-foot water line easement. Alternatively, the
water line may be relocated such that it will be constructed in the road
pattern parallel to the on-site water line as it is to be built and
connecting back into the original alignment at approximately Lot 91/92.
Again, this point is made more clear by reviewing Plate 2 of the subject
study.
5. The subject study should be reviewed carefully, as there is a difference in
pipeline sizes depending on whether or not the Rice project is constructed
and in place prior to the construction of this project. This project will
be responsible for hte appropriate line size.
6. It should be noted that the study for this development was analyzed on the
basis of a totality. In the event that this project will be phased by the
developer, the pending phasing or construction sequencing may necessitate
further analyses of an independent nature.
This letter of availability pertains solely to the proposed project as described by
applicant, is not transferable to any other project, and is not transferable to any
other owner or developer without written permission of the Board of Directors of the
District. Any purported transfer, sale, or assignment of this Water Availability
Letter without the prior written consent of the District renders this letter null and
void.
M1
Water Availability Letter
APN Nos. 264-010-21/-22/-23/-25
May 17, 1989
Page 3
This letter automatically terminates, and is of
occurrence of (1): 17 May 1991 (without
termination of any tentative map; (3) termination
from date of recordation of final map.
no further force or effect, on the
an approved Tentative Map); (2)
of any final map; or (4) five years
OLIVENHIN MUNICIPAL WM1ER DISTRICT
F. D. Fontanesi
General Services Director
5) ~
LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92024-0954 • (619) 753-0155
February 8, 1989
RECEIVED
F E B 091989
APPLICANT: BRIGHTON HOMES Ans'd
TRACT NAME: RANCHO VERDE
LOCATION: County Assessors Parcel No.'s 264-010-21,22,23, & 25
Gentlemen:
The referenced project is not within the boundaries of the Leucadia
County Water District and would require successful completion of the
annexation processes.
Sewer permits are currently being issued for new connections pursuant
to District ordinances. It can be reasonably expected that service will be
available to each lot/dwelling unit of this project concurrent with need
after the annexation.
This letter is valid for two years and is transferable to a new owner
upon approval of the District.
Very truly yours,
Leucadia County Water District
W.V. Roehi
Administrative Aide
FOR FINAL SUBDIVISION MAPS: In connection with the above-referenced
project's application for a final map, it is hereby confirmed that sewer
permits are currently available for purchase from the District pursuant
to District ordinances for the lots shown on the Final Map. Each Final
Map approved in reliance upon this letter shall bear a notation as follows:
"NOTE: This subdivision is approved upon the express condition
that building permits will not be issued for development of the
subject property unless the necessary sewer permits from the
Leucadia County Water District have been obtained."
C;f i .It
DISTRICT OFFICE: 1960 LA COSTA AVENUE • CARLSBAD, CALIFORNIA 92009
710 Encinitas Blvd.
Encinitas, CA 92024-3357
619/753-6491
cE8 9B9
40
.San. Dieguito
Union High School District
February 3, 1989
ADL Planning Associates
Kathleen Root
5962 La Place Court
Carlsbad CA 92008
RE: School Availability
Rancho Verde
APN: 264-010-21, 22, 23, 25
166 SF dwelling units
Dear Ms. Root:
The San Dieguito Union High School District will provide schools
as necessary for the above referenced project.
School fees, if any, will be imposed prior to issuance of building
permits per State Legislation.
Sincerely,
QLU'&t L&
,/JoannSc1fultz c) Administrative Servi s
DISTRICT OFFICE 0 189 Union Street
Encinitas CA 92024
UNION SCHOOL DISTh CT ENCINITAS (619) 944300
BOARD OF TRUSTEES
Anthony I Brandenburg
William Cant
Mary Jo Nor man
Van Riley
Sandra Schultz
C E i V E SUPERINTENDENT
Donald E Lindstrom R E ASSISTANT SUPERINTENDENTS
Donald Callard, Business
3 i989 Mary Lee Howe, Personnel
David Philips. Instruction
January 12, 1989
(Date) -
CITY OF ENCINITAS
Planning/Building Department
527 Encinitas Boulevard
Encinitas, California 92024
SUBJECT: SCHOOL AVAILABILITY
REFERENCE: APN: 264-01-21, 22, 23, 25
ADDRESS: Rancho Verde Development
East of corner of Rancho Santa Fe Road
and Olivenhajn Road, Encinitas, CA
TO WHOM IT MAY CONCERN:
Encinitas Union School District will provide public schools as
necessary for the above referenced project. The school of
attendance will be Mission Estancia School
The Students generated from this subdivision total 64.74
elementary children.
School fees, if any, will be imposed prior to issuance of
building permits per state legislation.
Sincerely,
DONALD E. LINDSTROM, Ed.D.
SUPERINTENDENT
Vivian Alexander, Secretary
Board of Trustees and Superintendent
o CAPRI 0 FLORA VISTA 0 LA COSTA HEIGHTS 0 OCEAN KNOLL 0 PACIFIC VIEW 0 PARK DALE LANE 0 PAUL ECKE CENTRAL
941 Capin Road 1690 Wandering Road 3035 Levante Street 910 Melba Road 608 Third Street 2050 Park Dale Lane 185 Union Street
Encinitas 92024 Encinitas 92024 Carlsbad 92009 Encinitas 92024 Encinitas 92024 Encinitas 92024 Encinitas 92024
944-4360 944-4329 944-4375 944-4351 944-4339 944.4344 944-4323
Nancy Austin Raymond O'Toole, Ph.D. Jennifer Jeffries Bruce DeMttchell Kay North Greg Ryan Jere McInerney, Ph.D.
Principal Principal Principal Principal Principal Principal Principal
.
QUALITY
ORIGINAL (S)
CITY OF CARLSBAD
1200 CARLSBAD LLAGE DRIVE cARLSBAD, *IFORNIA 92008
4385621
REC' FROM DATE_ D -11
(7r P/7O7
ACCOUNT NO C DESCRIPTION AMOUNT
,
•:.:.:: ;. ;
,
'I •::
' ,' . , I •;j(
I
,
Ra
._'•z -.
Ai WA ,. .
. --.. ll_Kl,_ _..
I
ILI
LIDA
. CITY OF CARLSBAD
1200 ELM I,ENUE CARLSBAD,CALJFOL 1A92008
- 4385621
REc'D FR DATE 2 --
NO DESCRIPTION AMOUNT
3566 0.112 /9( ((I
Misc 1O)0N0
RECEIPT NO. 95342 TOTAL WAI
-
r tBc9 -[B CITY OF CARLSBAD
-
1200 ELM i ,NUE CARLSBAD, CALIFOI.
438-5621
)A 92008
REC'D FRO
DATE_(( /
ACCOUNT NO. DESCRIPTION AMOUNT
7r p(oj~/l
PEF '1cc
J(iJ(k L11
del U C,
RECEIPT NO. 171 TOTAL
0 .
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
/ Date/ Signature
/
CW: kd
-17-