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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