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Home My WebLink AboutCT 90-31; AVIARA P8 28; Tentative Map (CT)__ I • • PA 28 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For De~t. (For De~t. Use On y) Use On y) 0 Master Plan ............... 0 General Plan Amendment ...... 0 Specific Plan ............. 0 Site Development Plan ....... O. Precise Development Plan ... 0 Zone Change ................. [Kl Tentative Tract Map ........ "t>~ 7:} J 0 Conditional Use Permit ..•... 0 Planned Development Permit 0 Hillside Development Permit. , , ~ ,. 0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................ 0 Condominium Permit. ........ ' 0 Variance .................... 0 Sp'ec i a 1 Use Permit ......... D Planned Industrial Permit ... 0 Redevelopment Permit ....... D Coastal Development Permit .. 0 Tentative Parcel Map ....... D Planning Commission Deter ... 0 Administrative Variance .•.• 2) LOCATION OF PROJECT: ON THE / Sduth ISIDE OF/ Batiquitos Drive I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN [ Aviara Drive I AND I 1-5 I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:f Portions of Sections 33 and 34 Township 12 I South, Range West, San Bernadino_Meridian, in the City of Carlsbad, County of San Diego. 4) ASSESSOR ~ARCEL NO(S)./ 216-111-08, 09; . 216-150-18 I 5) LOCAL FACILITIES~ MANAGEMENT ZONE 6) EXISTING GENERAL/ RLM, RM ~. 7~ PROPOSED GENERAL 1 PLAN DESIGNATION PC, N,. 0 LAN DESIGNATION same I 8) EXISTING ZONINGI PC 19) PROPOSED ZONING / same 110) GROSS SITE / 44.1 I ACREAGE 11) PROPOSED NUMBER OF/ RESIDENTIAL UNITS 61 112) PROPOSED NUMBERI OF LOTS ~3 113) TYPE OF 1 SUBDIVISION SF I . 14) NUMBER OF EXISTING RESIDENTIAL UNITS/ I (RESIDENTIAL N/A COMMERCIAL INDUSTIRAl) 15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE N/A I 166 PROPOSED COMMERCIAL I SQ ARE FOOTAGE N/A I --------.--~ , CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT. IN OPEN SPACE I 39-%. I 19) PROPOSED INCREASE . IN AVERAGE DAILY '-----_---ll T RA F F I C I 610 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS __ 61. . 20) PROJECT NAME: ~I _~_l_'a_r_a~~~~~~~~~~~~~~~~~~~~~~ 21)BRIEF DESCRIPTION OF PROJECT: l Tentative Map for 61 single-family homes on 10,000 sq. ft. lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) D. L. Clemens NAME (PRINT OR TYPE) D. L. Clemen~ MAILING ADDRESS 2·011 Palomar Airport Rd. MAILING ADDRESS 2011 Palomar Airpol t ' Suite 206 Road, Suite 206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 619/931-1190 Carlsbad, CA 92009.' 619/931-1 901 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 Y.KNOWLEDGE. INFORMATION. IS TRUE AND CORRECT TO I ~SIGNATURE ~ DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE l 6 , /. ~/. . ~ -/\I'-v ''1t:f'Q --;-~ AA i!J 10o ********************~**************************************~************************ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE Tb-J T. 7f2,-lur "'" A '? &lA PrP FEE REQUIRED 2 630;00 210·~C) t{U.~~ TOTAL FEE. REQU I RED 1L-_..;;;:;":):......e.._§.~.E---' __ .~v 0.0 OCT 2 4 1990 CITY OF CARLSBAD . DATE DJfA~~&\~. M.U I V Ep RECEIVED BY: I \%J Lxwcl DATE FEE PAID I /0 v-~<f'" '10 RECEIPT NO.\IO})t.t 7 ••• , •• City: of Carlsbad . _::4 AI. i.1i ,[.:1 -L4-Eli; "fA .11 DISCLOSURE STArt.MENT AF'PUCANi"S SI,:.r::MENT OF OISC!.OSURe OF CEi=iTAIN OWNEMSHIP ~ ON AU-APPUCATlONS WHICH WIU, ;:;COUIRE . OISCRE'i10NARY ACTlON ON THE PAM. OF TME crry COUNClL.. OR AN'( APPOIN'l"EO SOAAO. COMMISSION OR COMMl'i'i"EE. (Please Print) The following information must be disclosed: 1. Aoollcarrt Ust the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partners_h_i.p ________ ~ ____________________ __ 2011 Palomar Airport Rd. Sui te 2'06 . Carlsbad, CA 92009 2. Owner Ustthe names and addresses of all perso~s 'having any ownership interest in the property involved. Ayiara T.and Company, a Delaware Republic Development Co corporation a California corporation 450 Newport Center Drive 180 N. Riverview Drive Suite 304 SUl.te 130 Newport Beach, CA 92660 An~' -a~h-e~i-m-,~Cr.A~~9~2~8~O~8~~-------- 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership. list the., names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership .. Henry Hi;Llman 450 Newport Center .Drive Suite 304 Newport Beach, CA 92660 4. If any personidentffied pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or dir~mor of the non-profit organization or as trust~e or beneficiary of the trust. N/A •• •• (Over) Disdosure Statement Page 2 5. Have you had mora than $250 wor"'J1 of business transacted with any member of City staff, Soare: Commissions Committees and CounCI1 wfJ1in the past twelve months? .' , Yes --=-No L If yes,·pieaselndic:ate person{s}~, ____________________ _ ;= .. ~o" i. d.Ii".e ... : .~"Y individual. firm. =pat::'lersnip. joim .... r=:r •• uaoc::i.cion. ..oc:i&l dW:. frat.mal o"9ani:&ticm, c:::rporation, •• tate. 1:'I.:ct. ~r • ..,ndi~t., ::"Ii. and any ct:'Ief' -urtt)'. c:ty &tid c.:aumy. c:ty mW'licipJrty. ~ 01 ~ poliiic:;.al aubc!;"'iai.on, or any Clll'Ief' grO&lF or combination lIC"'..ng ... a \,Init.· (NOTE: Anac:h additional pages as necessary.) Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: BY: Republic Development Co., a California corp, tion, _.~-=,al Part r Signature of By: Q-J-,( 2/11/91 resldent Aviara Land Associates Limited Partnership, a Delaware limited partnership By:~~~~ __ ~ ______ __ 1/91 I Secretary I 2/11/91 Signature of OwnerjDate Signature of Applicant/Date Ted lie Hooyer/Assjstant Secretary Ted.L; Hoover/Assistant Secretary Print or Type Name of Owner Print or Type Name of Applicant ·, • 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 (SO) day time limits and . the thirty (30) day time limits are often exceeded. I f you wish to have your application processed concurrently, this agreement must be signed . by the applicant or his agent. I f 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. Signature Date Name (Print) FORM: PLANNI NG 37. REVISED 3/80 • • City Engineer CITY OF CARLSBAD 2075 La Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED TENTATIVE MAP NO. ____ _ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 6642-: of the Subdivision Map Act and I (we) will make the notifications to the tenants requ;r~: therein. 66421.1 DATE OWNER DATE OWNER Esuolishes r.-quir~ta for notice to t....,ta Ind ritht of t-.nta to ucl~iw ccntrKt fO#' purchase in canda.iniu. c~i tv aperc.nt or stock cooperatiw projecta. Th. l.gisl.ti .... bcdy shall not approv •• fin.l mao for. suCdi ... ision to be cre.ted from the conv.rsion of resider"t'd" re.l ~roperty into a COndominium ~roj.ct, • community apartment ~roj.ct, or I stock cooper.tl .... ~roject unless it findS al, of the follo~ing: (I) elch of the t.nants of the ~rooosed condominium, community ao-rtment ~roject or stock cooperative croject ~dS recei ... ed, pursuant to Section 66452.9 ~ritten notification of intention to conv.rt at l.lst 60 days prIor to tne fil'r"9 or a tentative map pursuant to Section 66452. Th.re shall be I furth.r finding that elch such tenant, and each person aoply'~; for the rentll of I unit in such r.sidenti.l r •• l ~roperty, has, or will hIV', recei ... ed III Ippliclbl. notIces and rtgnts "'c'" or here.fter required by this ch.pt.r or Chapt.r 3 (ccmmencing with Section 64451). In addition, a finding shall be made ~~a: each tenlnt hiS rec.ived 10 days written notificltion th.t .n .pplication for. public r~rt will be, or nas bien, SUQmlc:ea to the Oeoartment of R •• l estlte, Ind the such r~rt will be Ivaillbl. on request. Th. written notices to tenants r~Ul-e~ by this subdivision sh.ll be deemed satisfied if such notic.s camply with the legal requirements tor s.rvice by mall, (b) e,ch of the tenants of the ~rooosed condominium, community .partment ~roject, or stock cooperatIve croJee:: has been, or will be, given ~ritten notification within 10 days of approval of I final map for the ~rooosed converSl~n. (C) E.ch of the tenants of the ~roooSed condominium, community .partment ~roject, or stock cooper.tiv. proJee:: has been or will be, gi ... en 150 dlYs written notice of intention to conv.rt prior to tne t.rmination of tenancy due to ~~& conversion or ~rooosed conversion. The provisions of this subdivision snall not Iltlr or abridge the rights or oOllgat':r"s of the ~rti.s in performance of their covenants: including, but not limited to, the provision of servic.s, ~yments of ~er"t or the obligations imposed by Sections 1941, 1941.1, .nd 1941.2 of the Civil Code. (d) ,Eleh of the ten.nts of the ~rooosed condominium, community .oartment ~roject, or stock cooperative crolec: has been or will be, given notice of an exclusive right to contr.ct for the purch •• e of his or her respective unIt ~POn ~~e same terms and conditions thlt such unit will be initillly offered to the gener.l public or terms more favorable ,0 ,~e tenant. The right shall run for I period of not less thin 90 days fr~ the date of issuance of the subdivision puOlic recor, pursuant to Section 11011.2 of the fuliness and Professions Code, unl.ss the t.nant gives prior writt.n notice of hIS or ~er intention not to exltCi .. ene right. (e) This sectfon shall not dfMinish, limit or IXpand, other tnan IS provided h.rein, thl authority of any ci~y, county, or city ena county to approve or disapprove ConOQRini~ projects. [Amended, Cha~t.r 1125, Statutls of 1980] October 16, 1990 • • STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRELIMINARY REPORT . HILLMAN PROPERTIES WEST, INC. 2011 PALOMAR AIRPORT RD., 1206 CARLSBAD, CA YOUR NO. OUR NO. LOAN REF: AVIARA 101274-10 AVIARA ATTENTION: PAM HANES IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE . COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE·AVAILABLE FROM THE OFFTCE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF OCTOBER 12, 1990 AT 7:30 A.M. • 101274-10 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY SCHEDULE A ( ) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THtS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIA~ES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP • • 101274-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT , AVIARA PHASE II, BEING A SqBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. • • SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS, FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, A LIEN 'NOT YET PAYABLE. 101274-10 lA. 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. 2. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED: APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 3. AN EASEMENT AFFECTING SAID LAND 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: AS SET FORTH THEREIN BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILl;: 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 DISTANCE OF 756.26 FEET; THENCE NORTH 53°06'06" EAST, 25.00 FEET TO THE TRUE -1- • • SCHEDULE B CONTINUED 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 53·06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY PARTICULARS DATED: JANUARY 10, 1989 MADE FOR FULL 101274-10 BY AND BETWEEN: REGARDING: SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RIGHT OF WAY USE AGREEMENT RECORDED: JANUARY 10, 1989 AS FILE NO. 89-012389 OF OFFICIAL RECORDS . NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT PURPOSES STATED 'IN FAVOR OF: FOR: RECORDED: AFFECTS: 5. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS . APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553, PAGE 334 OF OFFICIAL RECORDS. AS SET FORTH THEREIN AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS' & ELECTRIC COMPANY, A CORPORATION . A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES FEBRUARY 7, 1958 IN BOOK 6'941, PAGE 234 OF OFFICIAL RECORDS AS SET FORTH THEREIN 6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE RECORDED: JULY 21, 1958, DOCUMENT NO. 116505 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 7. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: /CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE -2- • RECORDED: AFFECTS: • SCHEDULE B CONTINUED DECEMBER 4, 1959, DOCUMENT NO. 250359 OF OFFICIAL RECORDS AS SET FORTH THEREIN 8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: THE CITY OF CARLSBAD 101274-10 FOR: WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED: MARCH 11, 1976 AS FILE NO. 76-071622 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED: MAY 26, 1976 AS FILE NO. 76-159954 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 10. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: A~ ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED: NOVEMBER 22, 1976 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 11. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED: MAY 10, 1977 AS FILE NO. 77-177430 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -3- PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: • • SCHEDULE B CONTINUED 101274-10 SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL RECORDS 13. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO.1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY bF CARLSBAD, A CERTIFIED COpy OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. 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. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: AUGUST 29, 1986 W. H. HUNT AND N. B' •. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986 AS FILE NO. 86-509319 OF OFFICIAL RECORDS 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED·: OCTOBER 16, 1,987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO. 87-6477.35 OF OFFICIAL RECORDS 16. AN AGREEMENT TO WHICH· REFERENCE IS HEREBY MADE FOR FU~L PARTICULARS DATED: BY AND BETWEEN: JUNE 6, 1988 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 DELAWARE LIMITED PARTNERSHIP -4- • RECORDED: • SCHEDULE B CONTINUED (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS .17. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES 101274-10 IN FAVOR OF: STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION FOR: PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS' THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A. DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, ASSIGNMENT WAS THE PAYMENT WHICH EXECUTED BY TO RECORDED AVI~ LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION FIRST INTERSTAT~ BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST SHOWN IN ITEM NO. 24 DEBTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA, A CORPORATION FILED DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS IN THE OFFICE OF SAN DIEGO COUNTY -5- • • SCHEDULE B CONTINUED SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. of Official Records DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. of Official Records 89-196179 89-196178 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded APRIL 14, 1989 AS FILE NO. '89-196181 of Official Records IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provision~ of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE of Official Records EASEMENT JUNE 29, 1989 AS FILE of Official Records NO. 89-345754 NO. 89 .... 345753 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of a~ instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE of Official Records EASEMENT JUNE 29, 1989 AS FILE of Official Records NO. 89-345756 NO. 89-345755 Said DEED OF TRUST has been subordinated to the subject referred to in this paragraph, by the provisions of an matter instrument Recorded Subordinated to Recorded JUNE. 29, 1989 AS FILE of Official Records EASEMENT JUNE 29, 1989 AS FILE of Official Records NO. 89-345758 NO. 89-345757 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument -6- 101274-10 Recorded Subordinated to Recorded • • SCHEDULE B CONTINUED JUNE 29, 1989 AS FILE NO. 89-345760 of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. 89-345759 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE of Official Records EASEMENT JUNE 29, 1989 AS FILE of Official Records NO. 89-345762 NO. 89-345761 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE of Official Records EASEMENT· JUNE 29, 1989 AS FILE of Official Records NO. 89-345764 NO. 89-345763 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE of Official Records EASEMENT JUNE 29, 1989 AS FILE of Official Records NO. 89-345766 NO. 89-345765 Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an instrument Recorded Subordinated to Recorded' JULY 24, 1989 AS FILE NO. 89-388407 of Official Records MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989 AS FILE NO. 89-354659 of Official Records SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE -7- 101274-10 • RECORDED • SCHEDULE B CONTINUED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JULY 9, 1990 AS FILE NO. 90-369911 OF OFFICIAL' RECORDS DEED RESTRICTION (OPEN SPACE) JULY 9, 1990 AS FILE NO. 90-369909 OF OFFICIAL RECORDS 19. 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. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED: MARCH 14, 1989 AS FILE NO. 89-130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS; 20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 22, 1989 AVIARA LAND ,ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS 21. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PQBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-19617a OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE -8- 101274-10 • SCHEDULE B CONTINUED 101274-10 OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-1961 Q O OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989 AS FILE NO. 89-296176 of Official Records 24. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: WATERLINE PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 25. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: DRAINAGE· RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 26. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755 OF' OFFICIAL RECORDS 27. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: C;ITY OF CARLSBAD FOR: GENERAL UTILITY AND ACCESS RECORDED: JUNE 29, 1989 AS FILE NO. 89-345757 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE -9- PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: • SCHEDULE B CONTINUED HEREIN AND INCIDENTAL PURPOSES CITY OF CARLSBAD SEWER AND DRAINAGE • JUNE 29, 1989 AS FILE NO. 89-345759 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: GENERAL UTILITY AND ACCESS RECORDED:. JUNE 29, 1989 AS FILE NO. 89-34576~ OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 30. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES . IN FAVOR OF: CITY OF CARLSBAD FOR: . PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 31. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS . DATED: BY AND BETWEEN: REGARDING: RECORDED: JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A 'DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 101274-10 32. Covenants, conditions and restrictions in an instrument recorded JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. Restrictions, if any based on race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mort~age or deed of trust made in good faith and for value. The above-mentioned covenants, conditions and restrictions provide that the assessment liens provided for therein shall be subordinated to the lien of any first mortgage upon any condominium. -10- • • SCHEDULE B CONTINUED First Amendment and Restatement recorded July 31, 1990 as File No. 90-418521 of Official Records. 33. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSdRS AND ASSIGNS FOR: THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUNQ RECORDED: AUGUST 7, 1989 AS FILE NO. 89-419-898 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 34. An easement affecting said land for the purposes stated herein and incidental pur oses In Favor of: SAN DIEGO GAS & ELECTRIC COMPANY 101274-10 For: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES Recorded: FEBRUARY 20, 1990 AS F!LE NO. 90-090371 OF OFFICIAL RECORDS· SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 35. AN AGREEMENT TO WHICH REFERENCE IS PARTICULARS HEREBY MADE FOR FULL DATED: BY AND BETWEEN: REGARDING: RECORDED: APRIL 17, 1990 AVIARA LAND· ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 36. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: !FEBRUARY 12, 1990 BY AND BETWEEN: AVIA~ LAND ASSOCIATES LIMITED PARTNERSHIP, -11- ~-r-...--_ . ___ _ _~ ____ . REGARDING: RECORDED: •• • SCHEDULE B CONTINUED A PARTNERSHIP AND THE CITY OF CA~LSBAD THE PAYMENT OF A PUBLIC FACILIT~ES FEE . JUNE 19, 1990 AS FILE NO. 90-330557 OF OFFICIAL RECORDS 37. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR: ACCESS RECORDED: JUNE 29, 1990 AS FILE NO. 90-355543 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID. LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. -12- 101274-10 !l t ... · • • PA 28 , . 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. 216-111-08,0~; 216-IS0-IS AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . ~ THIS AGREEMENT is entered into this 10th day of October , 1990 by and between Avi ara I,and Assocj at~s I,jm; ted Partnership (Name of Developer-Owner) a Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address i s 2011 Palomar Airport Rd. , Suite 206, Carlsbad, CA 92009 . (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 • • on said Property, which development carries the proposed name of _____ _ Aviara and is heteinafter referred as "Development W; and WHEREAS, Developer filed on the 10th day of October with the City a request for Tentative Map for 61 single-family homes on 10,000 sq. ft. lots hereinafter referred to as "Request"; and 19 90 -, WHEREAS, the Pub 1 i c F ac i1 it i es E1 ement of the City General Plan requ i re.s 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 js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Pol icy 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 accolmlodate 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 ~s ·aware that the City cannot and ~ill 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 publi' 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, dedicatio~s 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 ~onversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium, conversion permit as provided in Chapt~r 21.47 of the Carlsbad Muni"cipal Code. Condominium shall include cOl1JTlunity apartment or stock cooperative. The terms "other construction permi"tsll, "other construction permit" and entitlement of use" as used in this agreement, e~cept in reference to mobil e home sites or projects, shall not refer to grad i ng 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 Pa~agraph 1 above. If Developer offers to donate a site or sites for publ ic 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 r.equired pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. Th is agreement and the fee pa i d pursuant hereto are requ i red 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 wi~h 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 exi sts to provide the facil ities and suffici ent 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 ..... , , " , • • 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 ~ai1, addressed to the City at the address set forth herei n, enclosed i·n 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 del ivery thereof to Developer or by dep9siting the, same in the United States Mail, enclosed in a seal ed envelope, addressed to Developer at the address as may have be!!n 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 Develop~r 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. 5 • • IN WITNESS WHEREOF, this agreemen~ is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Aviara Land Associates Limited p~)rShiP ~:::g AM} D. L ~J'm,ens Vice Pres {Titl e) By: -(Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Notarial ~cknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 • • SS. STATE OF CALIFORNIA COUNTY OF San Diego On October 11. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) · ' '. LEGAL DESCRIPTION. Those portions of sections 33 and 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof as shown on Record of Survey Map No. 10774 filed in the Office of the County Recorder of said County, October 30, 1986, being more particularly described as follows: Beginning at the Northwest corner of Lot 309 of City of Carlsbad Tract 85-35, Phase I, unit "E", Map No. 12413, filed in the Of- fice of the County Recorder June 30, 1989, said corner being on the Southerly Right-of-Way line of Batiquitos Drive as shown on said Map No. 12413; thence leaving said Southerly Right-of-Way line and along the Westerly line of said Lot 309 South 14-29'30" West, 206.89 feet to a point on the Northerly line of that land granted to the State of California per Deed recorded June 10, 1988 as File No. 88-278452; thence along said Northerly line the fol- lowing: North 20-30'00" West, 117.43 feet; thence North 85-00'00" West, 71.00 feet; thence South 25-30'00" West, 223.00 teet; thence South 10-45'00" East, 53.00 feet: thence South 33-30'00" West, 146.00 feet; thence South 55-30'00" West, 52.00 feet: thence South 77-30'00" West, 358.00 feet: thence South 55-10'00" West, 167.00 feet; thence South 75-58'00" West, 42.00 feet: thence North 83-56'00" West, 117.00 feet; thence North 73-50'00" West, 99.00 feet; thence NQrth 79-50'ob" West, 147.00 feet: thence North 74-10'00" West, 190.00 feet; thence North 68-56'02" West, 346.00 feet; thence North 73-16'26" west, 174.03 feet; thence North 84-00'00" West, 124.00 feet: thence South 78-00'0011 West, 447.00 feet; thence North 83-00'00" West, 123.73 feet to a point on the Westerly boundary line of said Record o,f Survey' Map No. 10774; thence along said Westerly boundary line North 32:-17'46 11 West, 561. 66 feet; thence leaving said Westerly boundq.ry line North 83-42'00" East, 722.34 feet: thence South 80-42'00 11 East, 207.57 feet: thence North 43-32'40" East, 799.26 feet to a point on a 634.00 foot radius curve concave to the Northeast, a radial line to said point bears South 64-02' 40" West; thence Southeasterly along the arc of said curve through a central angle of 49-19'50" a 'distance of 545.86 feet; thence South 75-17'10" East, 887.35 feet to the beginning of a tangent 266.00 foot radius curve concave to the Southwest; thence Southeasterly along the arc of said curve 'through a central angle of 17-45' 5011 a distance of 82.';7 feet; thence south 57-31'20" East, 114.31 feet to the Point of Beginning. Said portions contain 44.098 acres of land, oore or less. REV 3-1-88 7 fP"'1".... • "l~. . . , ... ,~j . . 1{1I;.· - , . \~, ~ Carlsbad Unified • School District 801 ViM Avenue, Carlsbad, CalifQrtlin 92008.2439 (619) 729.92$1 ~'AX# (619) 72}')·9GSG "An Students Can Learn" UOMUJ 01" 'l'1~USTl:lI:lS JAMJil;I MeCORMWK Pre,ddllnt. .J'VUANNE L. N'l:"GAAnD Vico l'rollidon\ J'OEANGEL Clork i. £llw .. \no SWl'nJi:R, Jl\, Mombor DONALD M.JOUNSON Member DISTRIC'l' ADMtNTS1'RATI(,)N TJXOMAS E. 8lU£RLm', EQ.n. SlJ~r!nt<:ndent StJ'SAN·HARtlMI BEl'ot"rUlV, Ed.D. Aooiot~nt S\l~rintondollt. Instructional ServlccA JOHN H. BL.UR Allsiatant Suporintendant BUfllncCIII S<>rvi~oa GElW'..n O. TARMAN A~~i~tllnt Su.,.,rllltendent F\lr40tlno\ Sol'Vi~(l~ CH£RYL ERNS'X' Director Elem.ontal')' Edl,l~~U()n DEWA'YNE 1.. FEASEL MllntI"ol' FudliticAIM'11I'MIIl\lIool OperlltionG October 17, 1990 Mr. Mike Holtzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 Dear Mi ke, This letter is to confirm the availability of school facilities as required in the Zone ·19 Local Facilities Management Plan. As you are awaret a1l school facility requirements were met through the formation and participation in the Mello~Roos, therefore allowing the District to build Aviara Oaks school to meet anticipated student growth at bui'd~out of Zone 19. Sincerely, ~. ~. GeOr~b~ Information Systems Manager/ Long Range P1anning gk/st Distinguished School Board Award 1984, United States Department of Education " b Costa ReorT~ Municipal Water District Attn: Mr. Tony German 5950 EI Camino Real, Carlsbad, CA 92008 Telephone: (619) 438·2722 Engineering Dept: 438·3367 January 23, 19~9 Hillman Properties Carlsbad, California 92008 SUbj: Aviara (Pacific Rim Development) Carlsbad-Tract No. 85-35 Dear Tony: The subject project is located within the Costa Real I Municipal Water District service area. Water service can be made available to subject property and may be developed at the ~ime an application for service is completed, and all applicable fee·s are paid. The applicant shall meet the conditions of the Costa Real Municipal Water Dist=ict and its Water Master Plan. The applicant shall also meet the conditions of Local Facilities Management Zone 19. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987. The entire water system is being evaluated in detail to assure that adequate capacity for domestic, landscaping and fire flow dem~nds are met. Regarding fees and deposits: The developer will be respon- sible for the major facility charge which will be collected at time of issuance building permit. Please contact the undersigned if you have any ques tions regarding this proj.ect. FJW:jcrn CRMWD 86-503 Very truly yours, . 'kd; IA(/;(:f "" F. (jerJ;) Whi tle~ Engine~ing Supervisor POOR .. QUALITY ORIGINAL(S) • • PLEASE NOTE: Time limits on the proc~ssing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of appHcationsubmittal to determine whether an application is complete ar incomplete. Within 30 days of submittal of this application yO.u will receive a letter stating whether this application is complete or incQmplete. If it is incomplete, the letter will state what is needed to make this applicatio 'omplete. W en the application is complete, the process i ng peri od wil st ug n the dat f the camp let ion 1 et ter. Applicant Signature: Sta ff Signature: ~~L:~~~' .ki.~L.:::..=======-------- Date: \ D \ al.), ClD To be stapled with receipt to applicati~n Copy for file a-, CITY OF CARLSBAD .--- 1200 ELM ,NUE CARLSBAD, CALIFO '" A 92008 438·5621 . , .~ REC'D FROM' ('( l L{ (( f lL I /' ,. { (> 1.1 \){j C 9001rJAlT:S/9~fd(Jf/~oH --/i () ~ , ----(-]~() -. J ',5< Cj,r-l + "'j 0/1 / -C-PRMT' , --'28BO~OO ACCOUNT NO. ({)L: 5? JL -(;/)(){) --8 X / / ;?~'J --'~f C; -1-").-J .. ;J ... (Jcr )/) rtJI-x / (j~ () (j(J(i --R K / :J DESCRIPTION, f( I l ~ 0'1 (C :l/}'7rLD.r77f" q// ... J. I ' . .1) -::; ~ ,-/) ~, - « AMOUNT I / 1 f -') ) I -,'-I:. lL ,,5 C. I -... , .1//):- I '-;.:) ;'.r} : ---, '>.. I i I I I --____________ ~~~'-----------------~--~----~------_TI---: , ' RECEIPT NO. 101547 TOTAL --1.