HomeMy WebLinkAboutCT 89-36; PARADISE COURT; Tentative Map (CT)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only)
PAGE 1 OF 2
(For Dept
Use Only)
.
Master Plan .
Specific Plan .............
Precise Development Plan...
Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
Condominium Permit.........
Special Use Permit.........
Redevelopment Permit.......
D Tentative Parcel Map.......
Administrative Variance....
General Plan Amendment......
Site Development Plan.......
Zone Change.................
Conditional Use Permit......
Hillside Development Permit.
Environmental Impact
Assessment................
El Variance....................
Planned Industrial Permit * ...
Coastal Development Permit..
El Planning Commission Deter...
-I
2) LOCATION OF PROJECT: ON THE Northwest SIDE OF Magnolia Street
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Highland Drive AND Valley Street
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:1 THAT PROTION OF TRACT NO. 245 OF THOM LANDS. IN THE CITY
OF CARLSBAD, ACCORDING TO MAP 1681, FILED IN OFFICE OF COUNTY RECORDER, 12/9/1915.
4) ASSESSOR PARCEL NO(S). 205-220-69
5) LOCAL FACILITIESI 1 6) EXISTING GENERAL R-1-M 7) PROPOSED GENERALI_R—l—M MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION
8) EXISTING ZONINGI R-1 j9) PROPOSED ZONINGI R-1 10) GROSS SITE 5.34J ACREAGE
11) PROPOSED NUMBER OFt_[12) PROPOSED NUMBERt_17 113) TYPE OF IRESIDENTIA1 RESIDENTIAL UNITS OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS ONE COMMERCIAL
I NDUST I RAL)
15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL N/A (J?
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE NONE 19) PROPOSED INCREASE
IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING TRAFFIC UNITS 3740 I 17J
20) PROJECT NAME: I Paradise Court I
21)BRIEF DESCRIPTION OF PROJECT: SEVENTEEN LOT SUBDIVISION DESIGNED FOR LOT
SALES.
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) PAUL & BETH PASSAGE NAME (PRINT OR TYPE) STRATFORD COMMUN
MAILING ADDRESS 2747 WEST UNION HILL DRIVE MAILING ADDRESS 4403 MANCHESTER AVENUE
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
PHOENIX, AZ 85027 (602) 843-426) ENCINITAS, CA 92024 (619) 753-04
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE
TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO
SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATURE D TE 'Ø4/8Y
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED__________________
DATE FEE PAIDI______________ RECEIPT NO.1 I
54
ARFM0008.DH 4/89
J. -....L.IiI
of
GL
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRE11ONARY ACTiON ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(P/ease Print)
The following Informatlonmust be discIos.J:
Ust the names and addresses of all parsons having a financial interest in the application.
Z2'
2
List the names and addresses of all parsons having any ownership interest In the property involved.
- 27V7 J/Ic 4
3. If any parson Identified pursuant to (1) or (2) above is a corporation or partnership, list the names ana
addresses of all lndMdusis owning more than 10% of the shares In the corporation or owning any partnership
interest in the partnership.
4. If any person Identified pursuant to (1) or (2) above Is a non-prftt organization or a trust, list the names and
addresses of any parson serving as officer or director of the non-profit orQsnizatlQn or as trustee or beneficiary
of the trust,
(Over)
Oisctosure St*i.mont Page 2
Have you had more than $250 worth of business transacted with any member of City staff. Boards
Commiuiona, çommitt..s and Council within the put twelve months?
Yes , No 2L If yes, pleas. Indicate parson(s)_
-. ..
Peran is defined as: 'Any Individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, state, trust, recehiar, syndicate, this and any other county, city and county, city
municipality, district or other political subdMson, or any other group or combination acting as a unit '
(NOTE: Attach additional pages as necessary.)
Signature of Ownar/dat. /
/-
Print or type name of owner
,c.
Signature of applicant/date
5/2)97/1 i,'w,'i /7IJ
Print or type name of applicant
&
DISCLOSURE FORM
APPLICANT: STRATFORD COMMUNITIES, INC.
Name (individual, partnership, joint venture, corporation, syndication)
4403 MANCHESTER AVENUE - ENCINITAS, CA 92024
Business Address
(619) 753-0454
Telephone Number
AGENT: Michael A. Dalen, President
Name
Same as above
Business Address
(619) 753-0450
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
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.
APPLICANT
STRATFORD COMMUNITIES, INC.
Michael A. Dalen, President
BY Agent
Agent, Owner, Partner
CITY OF CARLSBAD I
APPLICATION REQUIREMENTS FOR
TENTATIVE TRACT MAPS
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMITS
The following materials shall be submitted for each application.
49 1. Eight copies of the tentative map/condominium site plan prepared on
a 24" x 36" sheet(s) and folded into 8k x 11" size. Fifteen copies
of the tentative tract map/condominium site plan shall be submitted
by the applicant upon request of the project planner prior to project
approval. Each tentative map shall contain the following
information:
m
NJ.
wao
I. General Information:
A. Name and address of owner whose property is proposed to be
subdivided and the name and address of the subdivider;
B. Name and address of registered civil engineer, licensed
surveyor, landscape architect or land planner who prepared the
maps;
C. North point;
0. Scale; vicinity map;
E. Date of preparation;
F. Classification of lots as to intended residential, commercial,
industrial or other uses;
G. Tentative Map number in upper right hand corner (City to
provide number at time of application.)
H. Number of units to be constructed when a condominium or
community apartment project is involved;
I. Name of sewer and water district providing service to the
project.
J. Average Daily Traffic generated by the project broken down by
separate uses.
Site Information:
A. General
1) Approximate location of existing and proposed buildings
and permanent structures;
2) Location of all major vegetation, showing size and type;
3) Location of railroads;
4) Legal description of the exterior boundaries of the
subdivision (approximate bearings, distances and curve
data);
5) Lot lines and approximate dimensions and number of each
lot;
B. Streets and Utilities
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 Department Policies.
(Especially Policy Numbers 1 and 22) 0
ARFRM0003A.DH 7/89
II.
PJAw
RN
257
1. . S 2) Name, location and width of existing adjacent streets
/ and alleys. 457 3) Typical street section for all adjacent streets and
- streets within the project.
4) Width and location of all existing or proposed public
/ or private easements;
5) Public and private streets and utilities clearly
- identified.
U 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.
LI 8) Show access points to adjacent undeveloped lands.
Li 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.
10) Show all fire hydrants located within 300 feet of the
site.
C. Grading and Drainage
ZK 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.
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.
2. One (1) copy of 8 1/2" x 11" site plan.
3. One (1) copy of 8 1/2" x 11" location map (suggested scale 20011
- vicinity maps on the site plan are not acceptable).
4. Environmental Impact Assessment Form (Separate fee required).
Required for tentative parcel maps only where significant grading
is proposed. Check with Planning staff to determine if required for
your application.
ZP 5. Public Facility Agreement: Two (2) copies: One (1) notarized
original and one (1) reproduced copy.
6. Disclosure Statement. (Not required for tentative parcel maps.)
69
ARFRM0003A.DH 7/89
1 I S 7. Property Owner's List and Address Labels
- A typewritten list of names and addresses of all property
owners and occupants within the specified radius from the
subject property as follows:
• Within a 600 foot radius for all tentative tract maps.
• Within a 600 foot radius for all tentative parcel maps
with concurrent site development plan applications.
• Within a 300 foot radius for all other tentative parcel
map, condominium permit or planned development permit
applications.
In addition for all condominium conversion projects, include
a list of names and addresses for all tenants.
For all project applications, include on the list the name and
address of the applicant and/or owners. The list shall include
the San Diego County Assessor's parcel number from the latest
assessment rolls.
Two separate sets (three for tentative parcel maps with
concurrent site development plan applications) of mailing
labels for all property owners, tenants, applicant and/or owner
as required above. For any address other than single family
residences the apartment or suite number must be included.
DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must
submit separate check to cover cost of postage.
8. 600 Foot Radius Map (300 foot for tentative parcel maps without
associated site development plans applications)
A map to scale not less than 1 = 200' showing each lot within 600
feet (300 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.
kf9. Preliminary Hydrology map and calculations for lots exceeding one
acre. Show before and after discharges to each included drainage
10.
basin.
Two (2) copies of the Preliminary Title Report (current within the
last six (6) months).
11. Proof of availability of sewer if located in the Leucadia County
- Water District or the San Marcos Water District.
12. A letter from the appropriate water district indicating that
compliance with the Growth Management Performance Standard will be
-
/13.
maintained with the proposed development.
Colored Site Plan and Elevation Plan (Not required with first
r submittal and not required for tentative parcel maps). It is the
Applicant's responsibility to bring one (1) copy of a colored site
IlJJf,/. plan and one (1) copy of a colored elevation to the Planning
Department by Noon eight (8) days prior to the Planning Commission
meeting. Do not mount exhibits.
ARFRM0003A.DH 7/89
5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
8. Major rock outcroppings
9. Easements
10. Floodplains
11. Archaeological sites
12. Special planning areas
13. Biological Habitats.
For projects with an average
greater than 500 vehicles per
daily traffic (ADT) generation rate
day:
L7r 14. Statement of agreement to waive tentative tract map time limits.
Required for tentative maps only when project requires concurrent
15.
processing of planning
Constraints. Ma (24" x 36")
application, or environmental review.
folded to 8 1/2" x 11" shall include
I the following information: (Note: This information is not required
for previously graded sites and the conversion of existing
structures.)
1. Major ridge lines
2. Distant views
3. Internal views
4. Riparian woodlands
LI
LI LI
LI
LI LI
LI
LI
LI
LI LI LI
6.
17.
2Th.
Two (2) copies of a Circulation Impact Analysis for the
project. The analysis must be prepared by an appropriate
registered Engineer. The analysis must show project impacts
to all intersections and road segments identified as impacted
within the included Local Facilities Management Plan. The
following should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone
impacted roads, background and project AM and PM
peak hour impacts and traffic distribution.
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service.
d) Any proposed mitigation requirements to maintain
the public facility standards.
Two copies of preliminary soils/geologic report for all project with
cut or fill depths exceeding 5 feet.
For all condominium conversions, a signed statement by the owner
stating Section 66427.1 of the State Map Act will be complied with.
For all condominium conversions, a letter from San Diego Gas and
Electric company stating that plans to convert the gas and electric
system to separate systems have been submitted and are acceptable.
For all condominium conversions, one copy of a compliance inspection
performed by the Building Department. (Separate fee required).
29
ARFRM0003A. DH 7/89
I .1. For development all co ominium and planned eojects eight (8) copies
of preliminary landscape plan (four (4) copies for projects with
four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11"
size. Fifteen (15) copies of the landscape plans shall be submitted
by the applicant upon request of the project planner prior to
- approval of the project.
- Each landscape plan shall include the following information:
LI a. Landscape zones per the City of Carlsbad Landscape Guidelines
Manual.
LI b. Typical plant species and their size for each planting zone.
C. An estimate of the yearly amount of irrigation (supplemental)
- water required to maintain each zone.
LI d. Landscape maintenance responsibility (private or common) for
- all areas.
LL e. Percent of site used for landscaping.
LC22. For all condominium and planned development projects, eight (8)
copies of the building elevations and floor plans (four (4) copies
for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations
and floor plans shall be submitted by the applicant upon request of
the project planner prior to project approval. Each building
- elevation and floor plan shall include the following information:
LI a. Floor plans with square footage included.
LI b. Location and size of storage areas.
LI C. All buildings, structures, walls and/or fences, signs and
exterior lights.
3. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUU1ARY (SEE
EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES).
ARFRM0003A.DH 7/89
.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
applicatpçi was accepted as complete to properly review all of the applications.
Stratfor,A Communities, I
A Ca i,rpora
Sig ature
Gunther Enz, Secretary
Name (Print)
("4,,
Date
Agent
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
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.: PAP AT)TSF COURT - CT 99-6
LOCAL FACILITY MANAGEMENT ZONE: _1 GENERAL PLAN: RIM
ZONING: R-1
DEVELOPER'S NAME: STP ATFORD COMMIIN1TIFS
ADDRESS: 4401 MANCT-TFSTRP AVRMTF - FNCTNTTAS CA 92024
PHONE NO.: (619) 75-0454 ASSESSOR'S PARCEL NO.: 205-220-69
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5 34 ACRP.
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 59.3
B. Library: Demand in Square Footage = 31.6
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage = .118
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = AREA "7"
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs = 171)
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = #1
H. Open Space: Acreage Provided - N/A
1. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demand in EDUs - 17
Identify Sub Basin - 1 E
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD - 740
L. The project is .02 units below Growth Management Dwelling unit allowance.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
2763 Camino Del Rio South Phone(619) 295-7332
San Diego, California 92108 North County 748-4110
P.O. Box 85589,S.D., C1 92138 727-1852 & 753-6321
PRELIMINARY REPORT
NORTH COUNTY ESCROW
914 N. Highway #101 Your No. 6906-B
Leucadia, California Our Number 8914313-S
Date: September 27, 1989
Attention: Suzette
In response to the application for a policy of title insurance
referenced herein, FIDELITY NATIONAL TIM INSURANCE COMPANY hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a
Policy or Policies or 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 exclude from coverage pursuant to the
printed Schedules, Conditions and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy forms
should be read. They are available from the office that issued this report.
This report (and any supplements or amendments hereto) is issued solely
for the purpose of facilitating the issuance for a Policy or Policies 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.
The form of Policy or Policies of title insurance contemplated by this
report is:
CTJTA Owners X JP Loan Policy Binder
ALTA LOAN POLICY (10-21-87) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCELUIE OF EXCLUSIONS FROM COVERAGE
ALTA Loan Policy ALTA-R AILEA Extended Owners
Dated as of September 21, 1989 at 7:30 A.M.
STEVE FORD
Title Off icer/rp
Page 1
FORM T-911 - Page 1 - (Amended 12/88)
0
UDMI Ifni I i MOO*
I!WV.W M effio
ORDER NO. 8914313-S
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:
PAUL A. PASSAGE and BETH L. PASSAGE, husband and wife, as joint tenants
NOTE: It is our understanding that title to said estate or interest in said
policy is to be vested in:
S'I1tTORD C04MUNITIES, and/or Assignee
The land referred to in this report is described as follows:
SEE AIThUiED DESCRIPTION
At the date hereof exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as
hereinafter shown.
1. General and Special taxes, a lien not yet payable, for the fiscal year
1989-90.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
Taxation Code of the State of California.
3. An easement for underground facilities and above ground structures for
the transmission and distribution of Electricity and incidental purposes, in
favor of San Diego Gas and Electric Company, by document recorded January 4,
1980 as File No. 80-003855 of Official Records.
Said easement is described as follows:
A strip of land that shall be 12 feet in width, being 6 feet measured at
right angles, on each side of electric utility facility installed within the
aforedescribed lands on or before June 30, 1980.
Reference is hereby made to said document for full particulars.
4. An agreement to which reference is hereby made for full particulars,
regarding Payment of Public Facilities Fee, recorded December 9, 1981 as File
No. 81-385903 of Official Records.
5. The following Recital as contained on Parcel Map 12263 referred to as
Note:
The subdivision contains a Remainder Parcel, no building permit shall be
issued for the Reminder Parcel until it has been further divided pursuant to
the Provisions of Title 20 of the Carlsbad Municipal Code.
p .
1-19 DI
r
ORDER NO. 8914313-S
6. Any matters which may be disclosed by an inspection of said land. An
inspection has been ordered and upon cosletion we will advise you of any of
our firiiJrrjs.
Code Area: 9000
Parcel No. 205-220-69
1st Installment: $824.21 PAID
2nd Installment: $824.21 PAID
Based on Land: $118,716.00
Improvements: $38,378.00
The charge for a policy of title insurance, if issued through this Title
Order, will be based on the basic insurance rate.
'I
I' D1 lillewaggloug-
L_
ORDER NO. 8914313-S
That portion of Tract No. 245 of ThCN LANDS, in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 1681, filed
in the Office of the County Recorder of San Diego County, December 9, 1915
described as follows:
Beginning of the Southeast corner of said Tract No. 245; thence along the
Southeasterly line thereof, South 61 -21 1 0011 West 563.15 feet to a point of
the Southwesterly line of lard described in deed to PAUL A. PASSAGE et ux
recorded October 22, 1971 as File No. 244290 of Official Records; thence
North 28039 138t West (Record North 28 0 39 1 00" West per said deed) 437.03 feet
to the nest Westerly corner thereof; thence along the Northwesterly line
North 61* 21 1 5111 East (Record North 61° 21' 00" East per said deed) 463.15 feet
to the most Westerly corner of Parcel A of Parcel Map No. 12263, filed in the
Office of the County Recorder of San Diego County August 11, 1982 as File No.
82-246544 of Official Records; thence along the Boundary of Parcel A South
28°39 1 38" East 135.0 feet; thence North 61°2l'Sl" East 100.00 feet to the
Northeasterly line of said Tract No. 245; thence along said Northeasterly
line South 28°39 1 38" East (Record South 28 0 39 1 00" East per said Map No.
1681) 301.89 feet to the POINT OF BEGINNING.
9/27/89
rp
(0
l4
AND WNEN JICOEDED WAIL TO
Paul A. & Seth L. Passage
'
747 W. Union Hill Dr.
6 ,"RW Phoenix, Arizona 83027
• Ø-(;:
LEIGE . 244290:
EDUK IM ED mQuar or %J R07"ll ltroomomme Comm
OCT229OAM71
CFFICIM, WE
ItANSPIR TAX PAID REC0CR
I MstI. 1(00M, IlCoson
IPA ABOVE THIS LINE PDX IZCORD!rS USE
• CIOCU,E?UARY TRANSFER TAX $ 220.00
• BANKOFAMERICA Conutd on full value of property conveyed
• - .
—Or compia.d on full value lees lions and .ncum-
TIfl10ElINO. g_-tq _(.0 brencursm.Inlngattlmeofsale
•g887-2080 & 1i i;&. ISCRW NO.
• F,i*rn•at Owl_.,llUt Agnid.l.lmrn,as lHl m$.,
• I1
Joint Tenancy Grant Deed
•
FMti VALUABLE CONSIDERATION, receipt of whicli Is hereby acknowledged.
EWAR a .&XT.....husband
;::i;eb7
.............................. ........................ .............. ......._________
• ________- PIJL_A.._PA ....
.... ..................... ..... State of California, described as follows:
• All that portion of Trat A5 of Thum Lends, norr1in to !i 'o
161 tiled in ti'. !ti'corders Office flecanher 9, loIS, d crthd 'ttt ro1:as run:'m; at a Coneretil monimiAnt mnrkat At tte jna,.. • .•, eeettcn of Ute eent.'r line of Valley t,ri'et a,t4 t,t'nol in tvrrfllA' 1 .l -
shown 'n Said Map No. 1M11 thence Alone. the cent,'r line of Vnlla'v
Street forth 28010I West a d1it.nn,e of I:66.M trt, to thc. •ioq' • . Itsaterly corner of that portion of sn5t-t Trtot
the Smth Coent hind Company to John,,!. ar1 l,,ln TI. wnrt.'n':' ly
4ød 4s'd May 11, ,O'I Anil ri'r.orile-d In flt,r,It 1l07, prig., 1/l. ,I.-.ni',•. • . alnn, the nl: t.J.tint...rIy 11 nn it f the priperty un tiiv.",..ul in
huph South 'l 211 Went, a ,Iintjinv. of '03.1'; ,t''t to a 1°')fl" t•i'i) • South 280 39' T'ast. parr'] 1.] with the aaii center 1 ne of Street, a dlst.n0 of Jj'1104 feet to a polo1. on tI" cAIlt..'r 1!,:, "f
Mid Magnolia Avnnue1 thence nlnn1' the smtd renter line of Mnr'rrolin Avanu,, forth q02lt !ast a dl
beginning nt.)nce of 93.IS feet to the polr.t or .
•
DATED: l9L
.... ...... . .... ... ........ . .......... . .........................................................
STATE OF CALIFORNIA
County of ............................. 88
On. !Le..............., I9? ..., before me,, the nogned a Notary PuJ,llcJn atid fof iild..., .............
. .....
County and State, personally appeared..............
......................
, NO'=
13RICKER
Notary Public In and for Id County and
Com My Comriiaulon aspires .M9h....,
ATEMENTSTO:agivenabove,
. ,•,.,,, 14.410... Hams Address Zip
1
,t
-1
.0
'RECORDING REQU. BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. APN 205-220-69
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into i s 25TH day of OCTOBER
19 89 by and between STRATFORDCOMMUNITIES,INC.
(Name of Developer)
a CALIFORNIA CORPORATION , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 4403MANCHESTERAVENUESUITE103
(Street)
ENCINITAS, CA 92024
(City, State, Zip Code)
and PAUL A. AND BETHL. PASSAGE
(Name of Legal Owner)
a HUSBAND AND WIFE AS JOINT TENANTS , hereinafter referred to as
(Individual, Corporation, etc.)
"Owner" whose address is 2747WESTUNIONHILLSTREET
(Street)
PHOENIX, AZ 85027
(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
S.
S.
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:
SEVENTEEN LOT SUBDIVISION DESIGNED FOR LOT SALES
on said Property, which development carries the proposed name of
PARADISE COURT
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 26th day of October
1989, with the City a request for TENTATIVE MAP
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
- .1
WHEREASFveloper and Owner have asked the Cit y to find that
public facilities and services will be available to meet the future needs of the
Development as it is presently proposed; but the Developer and Owner are
aware that the City cannot and will not be able to make any such findings
without financial assistance to pay for such services and facilities; and
therefore, Developer and Owner propose to help satisfy the General Plan as
implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the 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's 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.
-3-
REV 7-28-87
0
S.
- Developer and O w.shaIl pay the City a public facilities 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.
4. City agrees to deposit the fees paid pursuant to this agreement
in a public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
-4-
REV 7-28-87
Lplq—~p
5. City to provide upon requeiisonabIe 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
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
S. S.
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract No. 245 of ThCM LANDS, in the City of Carlsbad, county
of San Diego, State of California, according to Map thereof No. 1681, filed
in the Office of the County Recorder of San Diego County, Iceniber 9, 1915
described as follows:
Beginning of the Southeast corner of said Tract No. 245; thence along the
Southeasterly line thereof, South 61021 ,00,I West 563.15 feet to a point of
the Southwesterly line of land described in deed to PAUL A. PASSAGE et ux
recorded October 22, 1971 as File No. 244290 of Official Records; thence
North 28'39 1 38" West (Record North 2839 1 00" West per said deed) 437.03 feet
to the most Westerly corner thereof; thence along the Northwesterly line
North 6121'5l" East (Record North 6121 1 00" East per said deed) 46315 feet
to the most Westerly corner of Parcel A of Parcel Map No • 12263, filed in the
Office of the County Recorder of San Diego County August 11, 1982 as File No.
82-246544 of Official Records; thence along the Boundary of Parcel A South
28 0 39 1 38" East 135.0 feet; thence North 61°21'51" East 100.00 feet to the
Northeasterly line of said Tract No. 245; thence along said Northeasterly
line South 28039 '38" East (Record South 28 0 39 1 0011 East per said Map No.
168 1) 301.89 feet to the POINT OF BEGINNING.
&
OWNER:
Paul A. Passage &~am
le assage
IName)
(Signature)
(Name)
BY Michael A. Dalen -
TITLE President
BY /1//
TITLE
DEVELOPER:
Stratford Communities, Inc.
a California Corporation
(Signature)
ATTEST: CITY OF CARLSBAD, a municipal
At such timeliner ceases to have any fte#r~ t 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
County, California as of the date first written above.
STATE OF CALIFORNIA )ss.
COUNTYOF_ SAM DEo
On_0_cToBeR. __
,
/ 9_9_, before me, the undersigned, a Notary Public in and for
said State, personally appeared Michael A. Dalen –*ad—
y proved to me on the
< basis of satisfactory evidence) to be the persons who executed the within instrument as______________________ ca
it E President mwel on behalf of_.5 77k 7Pç 0
'-0 ° Conliflh/Ni tIES, JWC. 5)
the corporation therein named, and acknowledged to me that
m such corporation executed the within instrument pursuant to its OFFICIAL SEAL (1
-
JAMCE K. SWENSON by-laws or a resolution of its board of directors. NOTARY PUBLIC - CALiFORNIA
QMy cli 00 WITtIESS my hand and official seal.
SAN DIEGO COUNTY
Comm Expires Morch 30, 990
c'J 0
Signature (This area for official notarial seal)
0 (This area for official notarial seal) 0 ° signature
ttached.)
D[lC U 1993-0653-J'08Recording Requested By 01 T -1993 01:48 Pri and Return To: 0
CITY OF CARLSBAD OFFICIAL RECORDS 1200 Carlsbad Village Drive DIEGO COUNTY RECORDER'S OFFICE Carlsbad, CA 92008 ANNETTE EVANS, COUNTY RECORDER
RF: 3.00 FEES: 5.00
RELEASE OF AGREEMENT AF: 1.00
TO PAY PUBLIC FACILITIES FEEF: 1.00
PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees
between the City of Carlsbad and STRATFORD COMMUNITIES INC. & PAUL & BETH
PASSAGE (90-40)
required by an Application for CT-89-36
and recorded on
07/27/90 as Document No. 90-409611
is hereby
released for the following reason:
Fees Paid and Obligation Satisfied
0
Application Withdrawn
Other APPLICATION EXPIRED
DATED: 09/28/93
CITY OF CARLSBAD
By
MARTIN Ô1NYAK N
\ r>i Conununity Development Director
ATTEST:
4
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By
RFVTSED 5/92 FRM00021
I.E ..,.. 2075 LAS PALMAS DRIVE
CARLSBAD, CA 920094859
Citp of Cartbab
DEVELOPMENT PROCESSING
SERVICES DIVISION
DIFFERENT
/0 TELEPHONE
(619) 438.1161
PUBLIC FACILITIES FEE REQUIREMENTS
City Council Policy No. 17 requires that all developers requesting a discretionary
action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the
building valuation. The fee is computed by the Building Department and paid at the
time the Building Permit is obtained. In the case of a condominium conversion, the
fee is calculated on the building valuation at the time the fee is paid and the fee
must be paid prior to obtaining a Final Map on the project.
In addition to the above, a completed, signed, and notarized agreement to pay the
Public Facilities Fee must be submitted with any application for a discretionary action.
This agreement form should be completed by the Applicant and submitted as follows:
1. Select the appropriate form for either (a) the Developer and Owner are the same
party, or (b) the Developer and Owner are different.
2. Fill in the date the agreement is completed; the name and address of the
Developer, and Owner, if appropriate, and state if each is an individual,
partnership, corporation, etc.
3. Fill in the type of project proposed to be constructed such as, a 12-unit
condimlnum or 30,000 scivare foot shoing center, etc., and the proposed name
(if any).
Z. Fill in the date the request will be (or was) submitted and the type of request
such as, a tentative map, condominium permit, or rezoning, etc.
5. Type a short legal description of the property on the last sheet (Exhibit "A").
Legal must be an original. No reproduced copies will be accepted.
6. Sign the form in the presence of a Notary and have the Notary attach an
Acknowledgement of Excution to the form.
a. Include the title of the person signing the form (General Partner,
Vice-President, etc.). If the agreement is signed by a corporate officer, the
Corporate Seal must be stamped by the signature.
b. Be sure the Notary form is the correct type; Individual, Partnership, or
Corporation.
7. Use the attached form as an original. A reproduced copy will not be accepted.
Submit the original of the agreement and one (1) copy.
8. A current copy of the preliminary Title Report must accompany each application.
The preliminary Title Report must have been issued within the last six (6)
months.
9. Attach a check for $34.00, payable to "City of Carlsbad".
7/87
QUALITY
ORIGINAL (S)
-
ç-v
CITY OF CARLSBAD
1200 ELM . .sENUE CARLSBAD, CALIFO, dIA 92008
-. - 4385621
RECD FROM a 2. DATE
ACCOUNT NO. DESCRIPTION AMOUNT
1307 11I1 ~279
RECEIPT NO. 97782 TOTAL