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Home My WebLink AboutCT 90-05; AVIARA PLANNING AREA 7; Tentative Map (CT)T CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 (For Dept. Use Only) 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) Master Plan 0 Specific Plan .............. 0 Precise Development Plan... Tentative Tract Map........ ED Planned Development Permit 0 Non-Residential Planned Development Permit........ Ell Condominium Permit......... 0 Special Use Permit......... 0 Redevelopment Permit....... 0 Tentative Parcel Map....... 0 Administrative Variance.... . ~~ lo. S.* I 0 General Plan Amendment...... Site Development Plan....... 0 Zone Change................. 0 Conditional Use Permit...... 0 Hillside Development Permit. Environmental Impact Assessment ................ 0 Variance.................... 0 Planned Industrial Permit... El Coastal Development Permit.. 0 Planning Commission Deter... .1 2) LOCATION OF PROJECT: ON THE NORTH SIDE OF BATIQUITOS LAGOON (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN 1-5 AND EL CANINO REAL (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: ILOTS 9 & 93 OF THE CITY OF CARLSBAD TRACT 85-35. A * 4) ASSESSOR PARCEL NO(S).[PORTIONs OF 215-051-10 & 215-040-16 5) LOCAL FACILITIES t 6) EXISTING GENERAL kM/OS/RN/N/JR PROPOSED GENERAL' 1 RN MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION 8) EXISTING ZONING I c 9) PROPOSED ZONING p 1O) GROSS SITE "y ACREAGE .2 11) PROPOSED NUMBER OF I 151 j12) PROPOSED NUMBER 10 13) TYPE OF IMULTI-FAMI Y ________ __________ RESIDENTIAL RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE I COMMERCIAL IN DUST I RAL) 15) PROPOSED INDUSTRIAL I I 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE I N/A l SQUARE FOOTAGE I N/A I ARFM0008.DH 4/89 CITY OF CARLSBAD N. LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 31% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING -UNITS 150 TRAFFIC 20) PROJECT NAME: AVIAA - PLANNING AREA #7 21)BRIEF DESCRIPTION OF PROJECT: 151 MULTI -FAMILY UNITS COMPRISING 43 BUILDINGS TO BE BUILT IN 6 PHASES. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE)LYON COMMUNITIES INC. NAME (PRINT OR TYPE)HUNSA<ER AND ASSO SAN DIEGO, INC. MAILING ADDRESS MAILING ADDRESS 4330 LA JOLLA VILLAGE DRIVE, SUITE 130 10179 HUENNEKENS STREET, SUITE 200 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92122 (619)-546-1200 SAN DIEGO, CA 92121 (619)558-4500 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 M - 1J ED I , 11/2/8 ** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED -r 00.9 i t_____ C9L1 ************* 0 14 0 CITY OF CARLSBAD I Man ill.PPJia i i v , j m_ TOTAL FEE REQUIRED 1_- 94fj DATE FEE PAID /t[ 4f) RECEIPT NO. [ ARFM0008.DH 4/89 fl AT. NO. FFOOO7O E335 (11-83) From: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Address: 925 B Street, 2nd Floor San Diego, Calif. 92101 Date: July 5, 1989 Escrow No.: J1170690 Aviara Area 7 To WILLIAM LYON CO. 4330 LaJolla Village Drive #130. San Diego, California 92122 L ATTENTION: Garry Tarquinio do ACTION MESSENGER SERVICE We enclose the following: Amended preliminary title report dated as of June 29, 1989, for your review/files. OtL< cLL 1--CONNIE iEijj Senior Escrow Officer (619) 544-6256 N -j TICOR TITLSNSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "8" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO; CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT JULY 3, 1989 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA THE WILLIAM LYON COMPANY ATTN: CONNIE PERNA RECEIVED JUL 05 1989 YOUR REFERENCE: AVIARA AREA 7 OUR ORDER NO. : 1170690 SAN DIEGO DIVISION IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT. IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS 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 41 3:56 P.M. AS OF JUNE 29, 1989 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87) (.7) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE (vi CLTA STANDARD COVERAGE POLICY - 1988 ALTA OWNER'S POLICY (10-21-87) AMENDED 1170690 PAGE • TICOR TITLINSURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: I A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES .LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS : LOT 92 AS SHOWN ON MAP 12411 BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTAN OF 756.26 FEET; THENCE NORTH 53 °06'06" EAST, 25.00 FEET TO THE T'uJE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53 0 06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JANUARY 10, 1989 AMENDED 1170690 PAGE 2 ) TICOR TITLINSURANCE • BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING : RIGHT OF WAY USE AGREEMENT RECORDED : JANUARY 10, 1989, RECORDER'S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR PIPELINE RECORDED : FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068 AFFECTS : LOTS 92 AND 93 AS SHOWN ON MAP 12411. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084 AFFECTS : LOTS 92 AND 93 AS SHOWN ON MAP 12411. 5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : SEPTEMBER 7, 1983 BY AND BETWEEN : N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945 6. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14, 1985 AS FILE NO. 85-051430 OF OFFICIAL RECORDS. REFERENCE ISMADE TO SAID DOCUMENT FOR FULL PARTICULARS. 7. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFAR DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED AUGUST 29, 1986 BY AND BETWEEN : W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE AMENDED 1170690 ' PAGE 3 -J TICOR TITIO INSURANCE_• RECORDED NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : OCTOBER 16, 1987 BY AND BETWEEN : W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 10. At AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 6, 1988 BY AND BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED PARTNERSHIP REGARDING : TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK CORPORATION FIRST INTERSTATE BANK CORPORATION 11. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY LIMITED PARTNERSHIP, A DELAWARE OF CALIFORNIA, A CALIFORNIA OF CALIFORNIA, A CALIFORNIA • RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 SAID DEED OF REFERRED TO IN DATED EXECUTED BY TRUST HAS BEEN SUBORDINATED TO THE SUBIJCT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN NSTRUMENT MARCH 23, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY AMENDED 1170690 PAGE 4 • TICOR TIILSINSURANCE RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 SUBORDINATED TO DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED MARCH 13, 1989 EXECUTED BY FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP A DELAWARE LIMITED PARTNERSHIP RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196181 SUBORDINATED TO IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 12. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661638 13. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST. THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND MAY 8; 1989, RECORDER'S FILE NO. 89-242769 14. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 15. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 16. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION RESTRICTIONS", DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 31, 1989 BY AND BETWEEN AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF AMENDED 1170690 PAGE 5 ) TICOR TITL.j1NSURANCE- CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 18. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12411 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF •CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A. SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THEAMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL :NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 19. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DERICATED ON MAP : 12411 FOR : DRAINAGE AFFECTS : LOTS 92 AND 93 20. PROVISIONS OF THE 'DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO ..THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12411 • STREET AFFECTED : LOTS 92 AND 93, EXCEPT THOSE PORTIONS SHOWN AS • PORTIONS SHOWN AS "ACCESS OPENINGS', ADJACENT & CONTIGUOUS TO ALGA ROAD 21. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON AMENDED 1170690 PAGE 6 . TICOR TITLNSURANCE MAP : 12411 FOR : SIGHT CORRIDOR AFFECTS : LOT 92 NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S. ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID SUCH DELAYS;ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS. C. TAX FIGURES FOR CODE AREA PARCEL NO, LAND FIRST INSTALLMENT SECOND INSTALLMENT D. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT E. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1988-89 9027 : 215-051-10 $1,410,402.00 $7,590.49, PAID $7,590.49, PAID 1988-89 9027 215-040-16 • $6,824,542.00 $35,791.99, PAID $35,791.99, PAID 1988-89 9133 215-050-14 $297,668.00 $1,550.46, PAID $1,550.46, PAID SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AMENDED 1170690 • PAGE 7 •:.H. TICOR TiTte INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. I AMENDED 1170690 PAGE 8 TICOR T1TLNSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6.1-87) The Exclusions and the Exceptions 01 the ALTA Residential Policy that result in no loss to you form recite that you are not Insured against loss, costs, attorneys' that first affect your title after the Policy Date--this does not fees, and expenses resulting from: limit the labor and material lien coverage in Item 8 of Covered Title Exclusions Risks 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 improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. 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 4 Failure to pay value for your title. 5 Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A or * in streets, alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage In Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered TitteRisks. (ci) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that 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: (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 a part; 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 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 violation 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, btt not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser I& 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 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 (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 to 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 Unenforceabillty 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 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 tow. - 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 improvement 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. AMENDED 1170690 PAGE 9 (continued on next page) '.) TICOR TITL INSURANCE- CLTA STANLFWARD COVERAGE POLICY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that 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 or 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 a part; 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 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, ken or encumbrance resulting from a violation 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 pribr 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 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 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. Unentorceabllity 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 indebtedness, 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 based upon, usury or any consumer credit protection or truth In lending law. Schedule B of the CLTA Standard Coverage Policy form recites that 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: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims Which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are'not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b) or (c) are shown by the public records. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that 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 a part; 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 resiltlng 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 violation 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. Detects, 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 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 estate or Interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1170690 PAGE 10 Hunsaker & Associates San Diego, Inc. 10179 Huennekens Street, San Diego, CA 92121 TO: CITY OF CARLSBAD PAYMENT DATE: 04--91 RE: POSTAGE FOR PUBLIC NOTICE REFERENCE GROSS AMT. DISCOUNT NETAMOUNT POSTAGE PUBLIC NOTICE - 346-49 $19.50 C, CITY OF CARLSBAD 1200 ELM ANUE CARLSBAD, CALIFO•A 92008 438-5621 REC'D FRO 114 DATE ACCOUNT NO DESCRIPTION AMOUNT - O31 1/:/9 OO1 C-PRMT 19 50 RECEIPT NO. 101918 TOTAL ; - - CITY OF CARLSBAD 1200 ELM WNUE CARLSBAD, CALIFO IA 92008 438-5621 REC'D FRO !A1E'° Misc ACCOUNT NO DESCRIPTION AMOUNT )ö- i aOO -& 500 ________ RECEIPT NO. 99255 TOTAL CITY OF CARLSBAD 1200 ELM &NUE CARLSBAD, CALIF014A 92008 4385621 REC'D FROM if DATE 6 _ ACCOUNT NO. DESCRIPTION AMOUNT J/)- 20 -3 _ 6 e3e O6/27/9 _01_G 0001 1ic RECEIPT NO. TOTAL jç CITY OF CARLSBAD 1200 ELM OENUE CARLSBAD, CALIF IA 92008 4385621 REC'D FROM _Y DATE _2- 7o ACCOUNT NO. DESCRIPTION AMOUNT cr ) I 474 02/20/9C 0001 01 02 RECEIPT NO. 95319 TOTAL 0 o DISCLOSURE FORM APPLICANT AGENT: MEMBERS: LYON COMMUNITIES INC. Name (individual, partnership, joint venture, corporation, syndication 4330 LA JOLLA VILLAGE DRIVE, SUITE 130, SAN DIEGO, CA 92122 Business Address (619) 546-1200 Telephone Number HUNSAKER AND ASSOCIATES SAN DIEGO, INC. Name 10179 HUENNEKENS STREET, SUITE 200, SAN DIEGO, CA 92121 Business Address (619) 558 -4500 Telephone Number William Lyon Trabuco Canyon Name (individual, partner, joint Home Address venture, corporation, syndication) 4490 Von Karman Ave., Newport Beach, CA 92660 Business Address (714) 833-3600 (714) 476 -5221 Telephone Number Telephone Number Dick Randall San Jose N ame Home Address 4490 Von Karman Ave., Newport Beach, CA 92660 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. C~ Agent Agent, Owner, Partner - 0 I . EXHIBIT "A" -. LEGAL DESCRIPTION LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE Of CALIFORNIA, ACCORDING TO MAP I THEREOF, NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. 0 6 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; • 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. Date Garry M. Tarquinio Authorized Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 R-2 $ • • DIFFERENT 2075 LAS PALMAS DRIVE TELEPHONE CARLSBAD, CA 92009-4859 (619) 438-1161 Citp of Cartbab DEVELOPMENT PROCESSING SERVICES DIVISION 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 condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). L. 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 a I RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into ds day of 01 19 by and between (Name of Developer) a , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is (Street) (City, State, Zip Code) and (Name of Legal Owner) a hereinafter referred to as (Individual, Corporation, etc.) "Owner" whose address is (Street) (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 . . PICITAI 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: on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for 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 . . WHEREAS, Developer 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" 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 • • Developer and Owner shall 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 . . 5. City agrees to provide upon request reasonable 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 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 County, California as of the date first written above. OWNER: (Name) (Signature) (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: DEVELOPER: BY TITLE 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 EXHIBIT "A" LEGAL DESCRIPTION RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No.Z-7 'S! /-& I C2 OfO p AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this i- day of. by and between LYON COMMUNITIES INC. (Name of Developer-Owner) a CALIFORNIA CORPORATION , hereinafter referred to as "Developer' (Corporation, Partnership, etc.) whose address is 4330LAJOLLAVILLAGEDR.,SUITE130,SANDIEGO,CA92122 (Street) (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. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 CT A1OLOT, 151 UNIT CONDOMINIUM PROJECT on said Property, which development carries the proposed name of AVIARA 7 and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the day of , 19 with the City a request for TENTATIVE TRACT MAP AND CONDOMINIUM 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 WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-1-88 2 NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 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 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 of 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 of occupancy for which the development is intended. Developer shall 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. REV 3-1-88 3 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 0 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 and the City, and references to Developer 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. 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. REV 3-1-88 5 ,TATE OF CALIFORNIA (Corporation Acknowledgment) ss. •Countyof San Diego On this 2nd day of November , in the year 19 _89 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Garry M. Targuinio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument aS _Division Manager & Authorized Agent on behalf of the corporation therein named, and acknowledged to me that such corporation executed it. WITNESS my and and official sea Not ry Public in and for s id County and State. FD-1F OFFICIAL SEAL KARFt4 K[OCK NO7I.RY PU3UC.cuFomNIA $AN DIEGO COUNTY My comm. epfr.s MARS, 1990 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of ities, Inc. California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) ent By: 4 REV 3-1-88 EXHIBIT "A" - LEGAL DESCRIPTION LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP I THEREOF, NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. ALT. RMAR !LSVATION 5UILPIP4 T'r15 5" P0.012 1 - - KEY NOTES I U I F - 103 0TS RJTT P310* 31 0* 0031100 0003710031010 10 00777 FOR 200071007 00 *313140 OF AlIT Pa. 03303 0=03 0* 00031005 Dl TOO PLAn sob 5000fl00110fl OF 31001 * olnhscrol 310000007 03051000312 - 405n, aorta n131hOCTIOos 5300 so. 1IO 5000! P0=030 0= 00310103 bOAtS 30 0=003 1030 150 203100007 P0101 TO 1103 00117 00 O 03t 00s4 — a Ws0oORr Lab • 03170. COR01VCJ - WTO • 31 P1_Ieee MV O 31.W14. -03032. • Faa 00000. - ORTfra. SEAS ELEVATION EUILPIN& TYPE 050 1713 100 IDIOt TOO 00147 OUt 00 ROP005000 FOR *07 0000031 tO 00037100000 7 7003 P10001000 In 00? F0U.0010. --il- i—ps I LT 5LVATION MUNN& NP 5" RI'f4T ELEVATION 5UILDIN& TYPE 5 MM 2 FRONT ELEVATION EUILIN8 TYPE 5 AVIARA AREA-SEVEN VEST .ARLAD, CALIFORNIA AWT •0.J 0 )4 I,. q4106 co THE KIGY GROUP. mc IiI :R 0.130.0. 70.1004