HomeMy WebLinkAboutCT 96-02; Terraces at Sunny Creek; Tentative Map (CT)I) APPLICATIONS APPLIED FOR: (Ct.WJK BOXES)I CITY OF CARLSBAD
LAND USE REVIEW APPLICATION!FOR PAGE I OF 2
(FORDEPT
USE ONLY)
(FORDEPT
USE ONLY)
Q Master Plan
Q Specific Plan Amendment
Q Precise Development Plan
pWj Tentative Tract Map
[X3j Planned Development Permit
(~j Non-Residential Planned Development
[~] Condominium Permit
J5 Special Use Permit
Q Redevelopment Permit
Q] Tentative Parcel Map
Obtain from Eng. Dept
[~"| Administrative Variance
[~~| Administrative Permit - 2nd Dwelling Unit
-Of
D
D
D
| |
[~j
Q
| [
j [
General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
Zone Change
Conditional Use Permit
Hillside Development Permit
Environmental Impact Assessment
Variance
Planned Industrial Permit
Coastal Development Permit
Planning Commission Determination
List any other applications not spccificed
%-oz.
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2) LOCATION OF PROJECT: ON THE
(NORTH. SOUTH EAST, WEST
BETWEEN jthe future College B
(NAME OF STREET)
East SIDE OF
1
]|/d MiD Faraday Avenue
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: | Parcels 1 - 10 of Carlsbad Tract No.
El Camino Real
(NAME OF STREET)
83-36 and portions of Lot B
of Rancho Agua Hedionda
2-c? 2 '•'£ r i
4) ASSESSOR PARCEL NOfSI. 1 2OT-nqn-i ,?^J4)'i ,^,7 .R.Q ,10J? and
5) LOCAL FACILITIES Pi5 1 6) EXISTING GENERAL PLAN U/c
MANAGEMENT ZONE ' ' DESIGNATION
8) EXISTING ZONING | Q JQ_^ 9)
11) PROPOSED NUMBER OF 1?a 12
RESIDENTIAL UNITS Ol
PROPOSED ZONING RD
) PROPOSED NUMBER ...
PLOTS J 183
portions of 209-060-59
/J 7) PROPOSED GENERAL PLAN m
DESIGNATION
M 10) GROSS SITE [ 40 .VI
ACREAGE
13) TYPE OF SUBDIVISION
(RESIDENTIAL. COMMERCIAL .INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL
UNITS
15) PROPOSED INDUSTRIAL | Nonfi
OFFICE/SQUARE FOOTAGE
None |
16) PROPOSED COMMERCIAL None |
SQUARE FOOTAGE
NOTE: A WtOMSED WOJECf SEQIWWttTHAT MOtTTPLS AmiCATtOXSBE RUED htOSTBE WBMItn3> WIOK;TOJi3* *M
FRM00016S
4B CITY OF CARLSBAD 0L
^F LAND USE REVIEW APPUCATION FOPlH PACE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING
19) PROPOSED INCREASE (N AVERAGE DAILY TRAFFIC
f
23X
UNITS 178
1780
20) PROJECT NAME: | The Terraces at Sunny Creek
21) BRIEF DESCRIPTION OF PROJECT:Single Family Detached Residential Project
S'.f >...'••"••'• . •'" '• • ' '• , - "
22) IN THE PROCESS OF REVIEWING THIS APPUCATION 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 SUBJECTXfoTHIS APPUCATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE _/s'? ,^^^^Yy/^^^^^
SIGNATURE SIGNATURE
SIGNATURE
23) OWNER
NAME (PRINT OR TYPE) Martha A. Pi 1 1 sbury
CanAm Properties LLC Marjess J. Evans
MAILING ADDRESS
5850 Avenida Encinas, Suite A
CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92008 (619) 438-3141
I CERTTTY THAT 1 AM THE LEGAL OWNER
AND THAT ALL THE ABOVE INKMMATION
IS TRUE AND COBJUCT TO THE BEST OF
. ) , *?[ .s js, / . i i/ . Martha A. Pillsbury
iV/l tfs&MfFqfof [.^fyjbMvKH.
Russell W. Grosse, P'resident Marjess J. Evans
24) APPUCANT
NAME (PRINT OR TYPE) Martha A. Pillsbury
CanAm Properties LLC Marjess J. Evans
MAILING ADDRESS
5850 Avenida Encinas. Suite A
CITY AND STATE ZIP
Carlsbad, CA 92008
TELEPHONE
(619) 438-3141
1 CERTIFY THAT 1 AM THE IXCAL OWHERU UFUSEKTATTVE AND
THAT ALL THE ABOVE MTOKMATION B TRUE AND COMUCT TO THEBEST or MY mowuocc.
SIGNATURE DATE Martna A- P111sbu
'RusseTTvT GTOSSE, President Marjess J. Evans
FOR CITY USE ONLY
FEE COMPUTATION:
APPUCATION TYPE
•spR ftof-g]
Cf qn . 07!
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tftv 9(b • ci-
"S^P Qtc? • O\
sop ^(o - O~L
TOTAL FEE REQUIRED
DATE FEE PAID
FEE REQUIRED
noo . oo
lO&lSb. C&
\(0~i~2. CD
HCO . CD
1 I ^O . DO
760. Cf)
a537"7.o9
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•T".;- ' ;: •7"'^n- --• -^_ • J . s4 U
KB 2 8 1335
DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
-Tr^"|^
RECEI
\^T
PTNO. -Z73^3>
• f
City of CarlsbaH
Rlanning Department
DISCLOSURE STATEMENT
APPLICANTS STAT5VENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL a£GUi«6
3.SCSETICNASY ACTION ON THE PART OF THE CfTY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR CCMMfTTEE.
' Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
CanAm Properties LLC Martha A. Pillsbury
5850 Avenida Encinas, Suite A Marjess J. Evans
2.
Carlsbad, CA 92008 4429 Ohio Street
San Diego, CA 92116
List the names and addresses of all persons having any ownership interest in the property involved.
CanAm Properties LLC Martha A. Pillsbury
5850 Avenida Encinas, Suite A HarjessJ. Evans
Carlsbad, CA 92008 4429 Ohio Street
San Diego, CA 92116
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names at
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr
interest in the partnership.
1.) Russell H. Grosse 3.) Paul 6roat
5850 Avenida Encinas. Suite A Bob Pain _^
Carlsbad, CA 92008 Financial Asset Management, Ltd.
27)James B. Panther 1530-625 Howe Street
2424 Vista May, Suite 300 Vancouver, B.C.. Canada V6C2T6
Oceanside, CA 92054
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefici;
of the trust.
N/A
FRM00013 8/90
2O7S Las Palmas Oriv« • Carlsbad, California 92OO9-4859 • (619) 438-1161
Disclosure Statement Page 2
5. Have you had more tf?an 5250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes No // yes, please indicate person(s)
P«non ia daflnad aa: 'Any Individual, firm. copartnanMp. Joint venture, naodrtnn.
syndicata, trtla and any othar county, etty and county, city municipality. dMrict or
unit*
•octal dub, fraternal organization, corporation, Mtata. truat r«c«iv«
political mbdrviaion, or any othar group or combination acting a*
(NOTE: Attach additional pagw a* rNcassary.)
Signature of Owner/date Signature of applicant/elate
Russell H. Grosse, President
Print or type name of owner
Russell W. Grosse, President
Print or type name of applicant
Signature of Owner/date Signature of applicant/date
Martha A. Plllsbury
Print or type name of owner
Martha A. Pillsbury
Print of type name of applicant
Signature of Owner/dage Signature of applicant/date
Marjess J. Evans
Print or type name of owner
Marjess J. Evans
Print or type name of applicant
FRM0001 12/91
City of Cftrlsbad
Rlanninq Department
DISCLOSURE STATEMENT
STATEMENT OF SiSCLCSUPE OF CERTAIN OWNERSHIP INTERESTS ON AU. APPUCATIQNS WHICH WllT
2.SCBET,CNARY ACTION ON Tn£ PART OF THE C.TY COUNCIL OB ANY APPOINTED BOARD. COMMISSION OR COMMOTES
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the applicationCanAm Properties, L.L.C. rr
2.
5850 Avenida Enemas
Suite A
Carlsbad, CA 92008
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
CanAm Properties, L.L.C.
5850 Avenida Encinas
Suite A
CA 92008
Marinas
5040 Cliff Place
San Diego, CA 72TTF
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partrersh:p
interest in the partnership.
If any person identified 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 director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad. California 92OO9-4859 • (619) 43S-1161
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff. Scares
Commissions. Committees and Council within the past twelve months?
Yes No _•/_ If yes, please indicate person(s)
P«non is d«fin«d aa: "Any individual, firm. copartnership, joint vanturt. association, social club. fratarnal organization, corporation, «statr trust.
r«c«iv«r. syndicate, this and any otnar county, crty and county, city municipality, district or other political subdivision, or any otnar group or
combination acting a» a unit*
(NOTE: Attach additional pages as necessary.)
CanAm Properties, L.L.C.
Signature of Owner/date
CanAm Properties, L.L.C.
Signature of applicant/date
Print or type name of owner
f... )Signature /pf Owner /date7
Marjess J. Evans
Print or type name of owner
Print or type name of applicant
CanAm Properties, L.L.C.
Signature of applicant /date
Russell W. Grosse •
Print or type name of applicant
FRM00013 8/90
Housing Commission Review Application
The Terraces at Sunny Creek
Supplemental Page 4
VI. APPLICATION SIGNATURES
Property Owner Name, Address and Telephone No.
I, the undersigned, do hereby certify that I am the legal owner of the subject property and
that the above information is true and correct to the best of my knowledge.
Signature /^(^^ \K t—~-~) Date__^ "•-—. y^" yf ' """" ..-..m.j.j™™™
Marj ess Evans/7
\/
I, the undersigned, do hereby certify that I am the representative of the legal owner of the
subject property and that the above information is true and correct to the best of my
knowledge.
Applicant
Signature: /W^^^7^ Date 3
CanAm Properties, L.L.C. /
The project is a small lot residential use comprised of 183 single family dwelling lots at
the southeast corner of El Camino Real and the future College Boulevard. As an
outgrowth of the small lot guidelines and the nature of the site, a "Z-Lot" configuration
was chosen to best utilize the existing terrain and preserve a sense of openness within the
project. There will be four 2-story floor plans offered, each with three elevation styles to
be evenly distributed throughout the project. The plans range in size from 1600 square
feet to over 2500 square feet and offer a variety of options both internal and external,
which lend an additional dimension of interest and diversity to the street scene. In
keeping with the Z-Lot design all plans have large private side yard while maintaining
views to rear.. It is our opinion that this approach provides the best combination of
privacy for individual homeowner and view preservation for the general public.
The proposed project, 177 market rate single family homes with 24 second units will require
that approval of the concurrent approval of the following discretionary applications:
General Plan Amendment - Change the existing General Plan from RHC/O to RM.
Zone Change - Change the existing Zoning from O to RD-M
Specific Plan Amendment - Rescind the existing Sycamore Creek Specific Plan
Tentative Tract Map
Planned Development Permit
Hillside Development Permit
Special Use Permit - El Camino Real Scenic Corridor
Special Use Permit - Flood Plain Overlay Zone
Page 1 of 2
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 43_
Date Issued 4/22/97,
Effective Date A/22/97
Cancellation Date
Supersedes No.
General Subject:
Specific Subject:
Proposition E "Excess" Dwelling
Unit Allocation
Formal Procedure Establishing
Guidelines for Allocation of*
Proposition E "Excess" Dwelling
Units
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE
To establish guidelines for allocation of "excess" dwelling units when, following the adoption
of all residential Local Facilities Management Plans within a quadrant, the Proposition E
quadrant cap is greater than the number of dwelling units approved or issued after November
4, 1986, plus the allowable units per the Growth Management Control Points.
STATEMENT OF POLICY
Although it should not be mandatory that excess dwelling units be allocated if they become
available and it would be desirable to not attain the ultimate residential dwelling unit caps
established by the adoption of Proposition E, the following criteria is established to determine
eligibility for consideration of "excess" dwelling unit allocation, subject to the required findings
in Proposition E.
Projects eligible for consideration in order of priority include:
First Priority
1. Housing development for lower-income households where allowable housing
expenses paid by the qualifying household does not exceed thirty percent (30%) of
the gross monthly income, adjusted for household size, at eighty percent (80%) of the
county median income.
Density transfers, clustering of development and dwelling unit locational adjustments
which are proposed in order to preserve larger areas of sensitive habitat.
3. Infill Single Family Subdivisions that meet all development standards and where
proposed lot sizes will be equal to or greater than adjacent subdivided properties.
u\ccroucYOoc
Page 2 of 2
cu.rnnd Priority
1. Senior citizen housing as defined by Carlsbad Municipal Code Section 21.18.045.
2. Transit oriented development projects where increased residential density is being
placed in close proximity to major transit facilities and commercial support services.
3. Projects within the existing general plan density range that provide, without
compensation, for some significant public facility not required as part of the
development process.
Third Priority
1. Housing development for moderate income households where allowable housing
expenses paid by these qualifying household does not exceed thirty percent (30%) of
gross monthly income, adjusted for household size, at 120 percent (120%) of the
county median income.
2. Projects proposing a zone change from non-residential to residential based upon the
following findings:
a. The property was zoned for other than residential use on July 1986.
b. The property is compatible for residential use without significant mitigation.
c. The density of the project does not exceed the Growth Management Control
Points of any adjacent residential property.
3. Infill multi-family projects that meet all development standards and where the resulting
density does not exceed adjacent, existing multi-family projects.
Application of the priority levels should be based on the total number of excess units
available in a quadrant. The purpose of having three priority levels is to address the issue of
having only a minimal number of excess units available in a quadrant at any one particular
point in time. If there are only a minimal number of excess units available in a quadrant, then
the units should only be used for a First Priority project. Conversely, if there are a substantial
number of excess units available in the quadrant, allocation to a Second or Third Priority
project is acceptable.
Regarding the use of excess dwelling units for affordable housing, the intent of this policy is
to work in conjunction with and to aid in implementing the programs of the Housing Element
including the Inclusionary Housing Ordinance and the Density Bonus Ordinance. If a
substantial allocation of excess dwelling units are being requested pursuant to item no. 1 of
the First Priority, the project should then, however, exceed the basic numerical requirements
of these ordinances regarding the provision for lower income units.
'tiiylulljyHUSERS\lfAUUWORD\AI1irtMjlt\CtTOLICY DOC
\
MAV 0 § m
APPLICABILITY
The attached application should be completed and submiedton!MWuj£^^rRedevelopment Department at 2965
Roosevelt Street, Suite B, Carlsbad, Ca. for all Affordable Housing Projects, including those proposed under Carisbad's
Inclusionary Housing Ordinance, if:
• The project is greater than fifty (50) units; and/or
• The applicant requests financial assistance or other incentives from the City for the proposed project.
The Housing Commission's action is advisory to the City Council and is independent of the actions of the Planning
Commission. The recommendations of both the Planning Commission and the Housing Commission will be presented to the
City Council for consideration. The City Council is the ultimate decision authority.
The Housing Commission will review and comment on three (3) major aspects of the project:
1. 'A project's ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element
and Comprehensive Housing Affordability Strategy;
2. A project's consistency with the City's affordable bousing policies as expressed in the Houjing Element,
Inclusionary Housing Ordinance, General Plan and other related documents; and,
3. A project's feasibility, with emphasis on prospective sources of subsidy, including any proposed City financial
assistance and/or incentives.
n. PROCESS
An applicant shall complete the attached application, provide all required attachments to the application and submit the
completed package to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, in Carlsbad. Please
note that the applicant must submit an additional nine (9) copies of the Site Development Plan(s) for the Affordable Housing
Project at least seven (7) days prior to the date the project is scheduled for review by the Housing Commission.
When the application is deemed to be complete by Housing and Redevelopment Staff and any outstanding issues have been
resolved, the Affordable Housing Project will be scheduled for review by the Housing Commission. A staff report and
recommendation will be presented to the Housing Commission with the basic project information submitted within the
attached application. Depending on the readiness of a project, the initial action of the Housing Commission on an affordable
housing project may not include a recommendation to support the project with specific types of financial assistance or
incentives.
Housing Commission meetings are scheduled for the second Thursday of each month at 6:00pm in the City Council
Chambers located at 1200 Carlsbad Village Drive. Whenever possible, affordable housing project review will occur during
the regularly scheduled meetings. However, if necessary, special meetings of the Commission may be held in order to
expedite projects through this review process.
The recommendation of the Housing Commission will be forwarded to the City Council at the same time the Planning
Commission's action is presented to the City Council.
HI. COMMENTS OR QUESTIONS
If you have any comments or questions regarding the process or the application for the Housing Commission's review of
affordable housing projects, please contact the Housing and Redevelopment Department at (619) 434-2811.
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037
v-ii i ur
HOUSING COMMISSION REVIEW AFFIXATION
I. APPUCANT/DEVELOPMENT TEAM INFORMATION
Name of Applicant: CanAm Properties, L.L.C.
Mailing Address: 5850 Avenida Encinas, Suite A, Carlsbad, CA 92008
Telephone No.: (760) 435-3141
Identify Development Team (Ie., developer, builder, architect, etc.):
CanAm Properties, L.L.C. (developer/builder); Manitou Engineering;
Groth Architects; Hofman Planning Associates; Bassenian / Lagoni
Architects
H. GENERAL PROJECT INFORMATION
Project Name; The Terraces at Sunny Creek
Describe General Location of Project:
Northeast intersection of El Camino Real and College Boulevard,
Project Address: N/A
Site Parcel No(s).: 209-060-59? 209-090-12 and 209-090-10
Total Number of Affordable Units Required (if applicable): 31
Total Number of Affordable Units Proposed: 78
Type of Units (ie., garden apartments, detached, etc.):
50 apartment units and 28 second units
Size On square feet) of each Unit: Studio = 437 sq. ft.; One bedroom = 636 sq. ft.
Two bedroom = 811 sq. ft. and 786 sq. ft.; Three bedroom = 1,106 sq. ft.
Second units =610 sq. ft.
20 two bedroom; 6 three bedroom; 28 secondaryUil 1L o
Describe any special features/amenities to be included within project:
This project will feature a Tot Lot and BBQ and picnic areas.
Housing Commission Review Application
Page 1 12 g 93
ID. TERMS OF AFFORDABILITY FOR AFFORDABLE UNITS (ATTACj^ADDITIONAL INFORMATION IF
NECESSARY)
Targeted Income Levels (as % of area median): ""%
Target Population (ie., families, seniors, etc): Families
Monthly Rent (by bdr. size) or Sales Price of Units:
Per City requirements for households earning 80% of the area's
median income.
Tenn of Affordability (ie., 30 yrs, life of project, etc.): Lif e of project
Projected Schedule for Construction of Affordable Housing Units:
Construction to start in late 1998.
If the affordable units are being constructed to satisfy the City of Carlsbad's Inciusionary Housing requirement, how
will they be phased with respect to construction of the market rate units? Please Explain Project Phasing:
The secondary units will be built concurrently with the market rate
units. Construction of the affordable multi family project will start
prior to the issuance of the 38th building permit for the single family
portion of the project. Once construction of the multi family portion
of the siue commences, it will continue to keep iace with the
construction of the single family units so that at least 30% of all
units constructed Will h^ af-Fn-rrlahl o
IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
Please attach a copy of development and operating financial proformas showing sources and uses of funds to
accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources
and appropriate justifications for use of these sources.
Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable bousing
project which you are, or will be, requesting from the City of Carlsbad:
No financial assistance or incentives will be requested from the City
of Carlsbad at this time.
Identify any other project conditions which may be relevant to project feasibility:
Housing Commission Review Application
Page 2 12/8/93
V. REQUIRED ATTACHMENTS TO APPLICATION
Trie following items must be attache^K this application:
• Site Development Plan for Affordable Housing Units;
• Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of
Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy;
• Narrative on the project's consistency with the City of Carlsbad's Affordable Housing Policies as expressed in the
Housing Element, Inclusionary Housing Ordinance, General Plan and other related documents;
• Development and Operating Financial Proformas indicating sources and uses of funds for the project, including
justification and identification of subsidy sources;
• Complete description of financial assistance or incentives including specific terms that are, or will be requested from
the City of Carlsbad for the project, if applicable; and,
• Completed Disclosure Statement of Ownership Interests within the project.
VI. APPLICATION SIGNATURES
Property Owner Name, Address and Telephone No.:
I, the undersigned, do hereby certify that I am the legal owner of the subject property and that the above information
is true - id correct to the best of my knowledge.
Signature ./M &sy^~- jx x^-^^J Date
-^-^
It the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property
and that the above information is true and correct to the best of my knowledge.
CanAm Properties, L.L-.C.
THE BOX BELOW IS FOR CITY USE ONLY
Date Application Received:
•
Application Received By:
Staff Recommendation:
Date of Housing Commission Review:
Action on Application by Housing Commission:
Other Comments:
Housing Commission Review Application
Page 3 12/893
EASEMENT PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Easement Purchase Agreement and Escrow Instructions (the "Agreement") is
made and entered into effective A-priF 3 , 2000, by and between HOLLY SPRINGS,
LTD., a California limited partnership ("SELLER"); and THE TERRACES AT SUNNY
CREEK LLC, a California limited liability company, and/or its assigns ("BUYER"). This
Agreement is entered into with reference to the recitals set forth below and constitutes (1)
a contract for the purchase of an open space conservation easement between BUYER and
SELLER, and (2) escrow instructions to Chicago Title Company (the "Escrow Holder"),
whose consent appears at the end of this Agreement.
RECITALS
(A) SELLER is the owner of certain real property located in the City of
Carlsbad, County of San Diego, California, more particularly described in Exhibit "A"
attached hereto (the "Property"). The Property consists of approximately two hundred
thirty one (231) acres of undeveloped land. SELLER intends to irrevocably dedicate a
portion of the Property to public use as permanent open space in order to mitigate the
environmental effects of SELLER'S development of an adjoining parcel of land.
SELLER further intends to sell a substantial portion of the remaining acreage to other
parties for open space conservation purposes.
(B) BUYER is in the process of developing residential housing and other
improvements on 172 lots and related land it owns hi the City of Carlsbad, California. In
order to mitigate the environmental effects of its development, the City of Carlsbad has
required BUYER to acquire a permanent open space conservation easement over five (5)
acres of coastal sage scrub with an understory of native grassland within the City of
Carlsbad, which land shall be maintained at BUYER'S expense and irrevocably dedicated
to public use as permanent open space.
(C) SELLER wishes to sell and BUYER wishes to buy a permanent open space
easement over five (5) acres of the Property, which shall consist of coastal sage scrub
with an understory of native grassland (the "Easement"), for the price and on the terms
and conditions set forth in this Agreement. The legal description for the Easement is
attached hereto as Exhibit "B".
NOW, THEREFORE, with reference to the foregoing recitals, which are
incorporated herein by this reference, and for valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:
d/979/a/41b
ARTICLE I
PURCHASE PRICE
1.1 Deposit by BUYER.
The purchase price for the Easement shall be Ninety Five Thousand Dollars
($95,000) (the "Purchase Price"). The sum of Two Thousand Five Hundred Dollars
($2,500.00) will be deposited upon execution of this Agreement with the Escrow Holder,
and credited (along with any accrued interest) against the Purchase Price at close of
escrow (the "Deposit"). Escrow Holder will place the Deposit into an interest bearing
account, with the interest accruing for the benefit of BUYER, unless BUYER defaults
under this Agreement.
1.2 Payment of Balance of Purchase Price.
If BUYER has not already exercised its right to terminate the Agreement,
on the Closing Date (as defined in paragraph 2.1 below), BUYER will pay to Escrow
Holder the balance of the Purchase Price and BUYER shall deposit sufficient funds with
Escrow Holder to pay for its share of closing costs and prorations as described in
paragraph 4.2 below. The deposit will be released to SELLER by the Escrow Holder at
the close of escrow. In addition, BUYER will pay through escrow an endowment of One
Thousand Five Hundred Dollars ($1,500.00) per acre for a total of Seven Thousand Five
Hundred Dollars ($7,500.00) to the California Department of Fish & Game to satisfy all
long term management and maintenance requirements for the Easement.
ARTICLE II
CLOSING
2.1 Closing Date.
Escrow shall close on or before May 8, 2000 (the "Closing Date").
ARTICLE III
CONDITIONS TO CLOSING
3.1 Conditions Precedent to BUYER'S Performance.
d/979/a/41b
The close of escrow and consummation of the purchase of the Easement is
subject to and contingent on the satisfactory performance of all of the following
obligations and conditions, any or all of which BUYER may waive in writing:
(a) Preliminary Title Report.
Upon the opening of escrow, Escrow Holder shall immediately order
a copy of a preliminary title report for the Property from Chicago Title Company, and if
any, copies of any covenants, conditions, and restrictions affecting the Easement. Upon
receipt of the preliminary title report, Escrow Holder will forward the report to BUYER,
who will have 5 days from receipt to disapprove by written notice provided to Escrow
Holder and SELLER any liens, encumbrances, covenants, conditions, restrictions,
easements or other matters affecting title appearing in the preliminary title report.
BUYER'S failure to deliver to SELLER and Escrow Holder within such time period
BUYER'S written disapproval of any item in the preliminary title report shall be deemed
BUYER'S approval of such item. In case of BUYER'S timely disapproval of any such
item, SELLER shall have a period up to and including the Closing Date to remove or
eliminate any disapproved items, or obtain a title insurance policy, in a form reasonably
acceptable to BUYER, insuring over the disapproved item(s). If such disapproved items
are not removed or eliminated on or before the Closing Date, BUYER, may, in BUYER'S
sole discretion, and within 10 days after the Closing Date, by written notice to SELLER
and Escrow Holder waive its disapproval of such items or this condition. Such written
notice shall constitute BUYER'S approval of such items or conditions. Unless BUYER
timely gives written notice waiving its disapproval by the Closing Date, this Agreement
and all of the rights and obligations of the parties under this Agreement shall be
terminated and be of no further force or effect. If BUYER timely gives written
disapproval of any matters affecting title, and SELLER immediately attempts to cure the
defects or matters after receiving notice of such disapproval, the Closing Date may be
extended by written agreement of both parties, if necessary, to the date SELLER either
removes or eliminates the disapproved item(s), or BUYER waives its disapproval.
If BUYER disapproves the preliminary title report and does not
subsequently waive such disapproval, and SELLER, at SELLER'S sole and absolute
discretion, is unwilling or unable to remove or eliminate any disapproved items prior to
the Closing Date, as it may be extended by the parties, this Agreement shall terminate, the
parties' rights and obligations thereunder shall terminate, each party shall be released
from its obligations hereunder, and BUYER shall be entitled to a return of its Deposit.
Notwithstanding the foregoing, SELLER shall not be obligated to remove any exception
to the preliminary title report, or to bring any legal action or proceeding or bear any
expense to enable SELLER to convey title to the Easement in accordance with this
Agreement or otherwise make title to the Easement marketable or insurable. BUYER'S
d/979/a/41b 3
sole remedy under this paragraph for any uncured defects in title shall be to obtain a
refund of its Deposit.
If the preliminary title report is approved and the transfer of the Easement is
consummated, at BUYER'S sole election, Escrow Holder shall, at the Closing Date, cause
to be issued to BUYER a CLTA Owner's Coverage Form Policy of Title Insurance from
Chicago Title Company with a liability limit in the amount of $95,000.00, insuring that
the title to the Easement vests in BUYER. At BUYER'S election, BUYER may acquire
an ALTA Owner's Coverage Form Policy of Title Insurance for the Easement. BUYER
shall take title to the Easement subject to: (a) covenants, conditions, reservations
(including exceptions of oil, gas, minerals, hydrocarbons and/or lease without right of
surface entry), restrictions, rights of way, and easements for public utilities, districts,
water companies, alleys and streets; and (b) other exceptions to title that BUYER has
approved.
(b) Approval of Phase I Environmental Study.
SELLER shall deliver to BUYER as soon as practicable, a current Phase I
Environmental Report (the "Report") regarding the Property. The Report shall be
prepared at SELLER'S sole expense. BUYER shall have five (5) days after receipt of the
Report to disapprove by notice to Escrow Holder and SELLER any of the matters set
forth in the Report. If BUYER timely gives notice of its disapproval of the Report, this
Agreement shall terminate, the parties' rights and obligations thereunder shall terminate,
each party shall be released from its obligations hereunder, and BUYER shall be entitled
to a return of its Deposit. BUYER'S failure to deliver to SELLER and Escrow Holder
within the five (5) day time period BUYER'S written disapproval of any item in the
Report shall be deemed BUYER'S approval of the Report.
ARTICLE IV
ESCROW
4.1 Escrow Period.
Upon execution of this Agreement, the parties shall open escrow with the
Escrow Holder. The parties shall deposit a fully executed original of this Agreement with
Escrow Holder, in order to open an escrow to complete the purchase of the Easement
contemplated pursuant to this Agreement. By such deposit, Escrow Holder is hereby
authorized and instructed to act in accordance with the provisions of this Agreement,
which shall constitute Escrow Holder's escrow instructions. Escrow shall be deemed to
have been opened on the date that an original of this Agreement is received by Escrow
d/979/a/41b 4
Holder, and upon receipt thereof, Escrow Holder shall advise BUYER and SELLER of
such date. In addition, BUYER and SELLER agree to execute, deliver and be bound by
any reasonable or customary supplemental escrow instructions of Escrow Holder or other
instruments as may be reasonably required by Escrow Holder in order to consummate the
transactions contemplated by this Agreement. If there is any conflict between the terms
of this Agreement and Escrow Holder's supplemental escrow instructions, the terms of
this Agreement shall supersede and prevail.
4.2 Proration of Closing Costs.
BUYER and SELLER will each pay one half of Escrow Holder's fee at the
close of escrow, and all other customary closing costs. If BUYER elects to acquire title
insurance, SELLER shall pay for the cost of a CLTA standard policy of title insurance
insuring BUYER'S interest in the Easement. Any additional cost necessary to acquire an
ALTA policy of title insurance for the Easement shall be at BUYER'S sole expense.
SELLER shall pay the cost of all transfer taxes.
4.3 Deposits and Deliveries Into Escrow.
On or before 3:00 p.m. of the last business day preceding the close of escrow,
SELLER shall cause to be delivered to Escrow Holder: (1) A grant deed acknowledged
and in recordable form conveying the Easement to BUYER in a form identical to Exhibit
"C" attached hereto (the "Deed"), free and clear of all encumbrances and liens, except
those consented to or deemed approved by BUYER and set forth in the CLTA title
insurance policy, if any, to be obtained by BUYER; and (2) all other documents and
funds required by Escrow Holder according to this Agreement to carry out and close
escrow. On or before 5:00 p.m. of the last business day preceding the close of escrow,
BUYER shall cause to be delivered to Escrow Holder (1) the balance of the Purchase
Price; and (2) all other documents and funds required by Escrow Holder according to this
Agreement to carry out and close escrow.
4.4 Conditions to the Close of Escrow.
The close of escrow shall not take place until BUYER and SELLER have
deposited with Escrow Holder all documents and funds required from them under this
Agreement and the full and complete satisfaction and approval of the contingencies and
conditions set forth in this Agreement.
If any one of the foregoing conditions has not been satisfied as of the Closing
Date, BUYER, at its sole election, can terminate this Agreement by giving written notice
to SELLER and Escrow Holder. If BUYER elects to terminate the Agreement under this
d/979/a/41b 5
paragraph 4.4, this Agreement shall terminate, the parties' rights and obligations
thereunder shall terminate, each party shall be released from its obligations hereunder,
and BUYER shall be entitled to a return of the Deposit, including all accrued interest.
If the escrow fails to close as provided above, BUYER may by written
notice to Escrow Holder and SELLER, extend the Closing date for an additional thirty
(30) days. Such notice must be given on or before the Closing Date. If escrow does not
close by the Closing Date, as extended, BUYER or SELLER, provided that party is not in
default under the terms of this Agreement, may at any time thereafter give written notice
to the Escrow Holder and to the other party of its election to cancel the escrow and return
all money and documents in escrow to those depositors who are not in default under the
terms of this Agreement. Upon receipt of such written notice of cancellation, Escrow
Holder shall deliver a copy of the notice to the other party to this Agreement. If BUYER
gives written notice of cancellation, SELLER shall then have ten days from receipt of the
notice of cancellation from Escrow Holder to provide written notice to Escrow Holder
(and the other party) of its objection to cancellation of the escrow. Unless Escrow Holder
receives such timely written objection to the notice of cancellation, it shall be authorized,
without any further instructions by the parties, to cancel escrow and return all money and
documents in escrow to their respective depositors. If a timely objection by SELLER to
cancellation is received by Escrow Holder, it shall retain all money and other documents
deposited into escrow until it receives further written instructions signed by both BUYER
and SELLER, or is directed by court order to withdraw or otherwise disburse the funds or
documents in Escrow Holder's possession. If SELLER gives written notice of
cancellation on or after the Closing Date, as extended, Escrow Holder is authorized,
without any further instructions by the parties, to cancel escrow and return all money and
documents in escrow to their respective depositors. If escrow is not closed by the
Closing Date or such later date as may be agreed upon by the parties hereto, Escrow
Holder shall cause the close of escrow to occur as soon thereafter as possible, unless
Escrow Holder has received a written notice from BUYER or SELLER to cancel the
Escrow.
ARTICLE V
REPRESENTATIONS AND WARRANTIES
5.1 Representations and Warranties.
A. SELLER'S Representations and Warranties.
SELLER represents, warrants and covenants to BUYER that the
following representations, warranties and statements are true and correct as of the date of
d/979/a/41b 6
this Agreement, shall be true and correct at the Closing Date, and shall survive the close
of escrow, and the truth and accuracy of such representations, warranties and statements
constitute a condition precedent to BUYER'S obligations under this Agreement.
(a) SELLER holds title to a fee simple interest in the Property.
(b) SELLER is a limited partnership duly organized under the laws of
the State of California and SELLER has the legal power, right and authority to enter into
this Agreement and to consummate the transactions contemplated hereby.
(c) To SELLER'S actual knowledge, the portion of the Property which
shall be subject to the Easement is not in violation of any federal, state, or local law,
ordinance, or regulation relating to industrial hygiene or to the environmental conditions
on, under, or about the property, including, but not limited to, soil and groundwater
conditions. SELLER further warrants and represents that, during the time in which
SELLER owned the Property subject to the Easement, neither SELLER nor, to SELLER'S
actual knowledge, any third party has used, generated, manufactured, produced, stored, or
disposed of on, under, or about the property or transported to or from the property any
hazardous materials, including without limitation flammable materials, explosives,
asbestos, radioactive materials, hazardous wastes, toxic substances, or related injurious
materials, whether injurious by themselves or in combination with other materials. To
SELLER'S actual knowledge, there is no proceeding or inquiry by any governmental
authority (including without limitation the Environmental Protection Agency or the
California State Department of Health Services) with respect to the presence of such
hazardous materials on the Property or Easement or their migration from or to other
property. For purposes of this agreement, hazardous materials shall include but not be
limited to substances defined as "hazardous substances", "hazardous materials", or "toxic
substances" in the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (Title 42 United States Code sections 9601-9675); the
Hazardous Materials Transportation Act, as amended (Title 49 United States Code
sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as amended
(Title 42 United States Code sections 6901-6992k); and any substance defined as
"hazardous waste" in Health and Safety Code section 25117 or as a "hazardous
substance" in Health and Safety Code section 25316, and in the regulations adopted and
publications promulgated under these laws.
(d) To SELLER'S actual knowledge, SELLER has received no notice
from authorized agents of governmental authorities having jurisdiction over such matters,
including the City of Carlsbad, that any actions, suits or proceedings have been instituted
or threatened which would materially affect the Easement in law or in equity, or before
any federal, state, county or municipal governmental department, commission, board,
d/979/a/41b 7
bureau, agency of instrumentality.
(e) To SELLER'S actual knowledge, SELLER has received no written
notice concerning any violation of any ordinance, rule, law, regulation or other action of
any government or any agency, body or subdivision thereof or that any investigation has
been commenced or is contemplated respecting such possible violation with respect to the
Easement.
(f) To SELLER'S actual knowledge, there are no actions, suits, claims,
legal proceedings, or any other proceedings affecting the Easement, or any portion
thereof, at law or in equity, before any court or administrative agency.
(g) From the date of this Agreement through the Closing Date, SELLER
will not knowingly create nor permit the creation of any title exception, such as
easements or liens to encumber the Easement.
If prior to the Closing Date, SELLER receives actual notice from a
government agency or authority or other party of a violation or claimed violation of any
of the matters covered by subparagraphs 5.1(A)(a)-(g) above, SELLER shall immediately
give notice of same to BUYER. If the notice received by SELLER requires corrective
work, SELLER shall either complete the corrective work prior to the Closing Date at its
sole expense, or if SELLER is unwilling or unable to complete the corrective work,
provide prompt notice of its unwillingness or inability to complete the corrective work to
the BUYER. Upon receipt of notice of a violation or claimed violation that SELLER will
not or cannot correct prior to the Closing Date, BUYER as its sole remedy, shall have the
right to give notice to SELLER and Escrow Holder of its election to terminate this
Agreement, and all rights and obligations of the parties under this Agreement shall be
terminated and be of no further force and effect, and each party shall be released from
then: respective obligations under this Agreement. If BUYER so elects to terminate the
Agreement, BUYER shall obtain a refund of its Deposit, plus all accrued interest thereon.
B. BUYER'S Representations and Warranties.
BUYER represents, warrants and covenants to SELLER that the
following representations, warranties and statements are true and correct as of the date of
this Agreement, shall be true and correct as of, and shall survive the close of escrow, and
the truth and accuracy of such representations, warranties and statements constitute a
condition precedent to SELLER'S obligations under this Agreement.
(a) BUYER is a limited liability company duly organized and existing
under the laws of the State of California and has duly authorized the execution of this
d/979/a/41b 8
Agreement.
(b) After the close of escrow, BUYER shall enter into arrangements
satisfactory to the City of Carlsbad to irrevocably dedicate to the State of California the
Easement as permanent open space. BUYER shall also enter into arrangements
satisfactory to the City of Carlsbad and/or the California Department of Fish & Game to
create an endowment to maintain the Easement as permanent open space for the benefit
of the public.
(c) BUYER assumes full responsibility for assuring that the open space
easement to be conveyed to BUYER hereunder will satisfy the mitigation requirements of
the City of Carlsbad, the United States Fish & Wildlife Service, the California
Department of Fish & Game and/or any other governmental entity with jurisdiction over
BUYER'S development of its property in the City of Carlsbad, as referenced above, and
SELLER assumes no obligation or responsibility with respect thereto.
ARTICLE VI
MISCELLANEOUS
6.1 Broker's Commission.
Each party represents that it has not engaged a real estate agent or broker in
connection with this Agreement. SELLER will indemnify and hold the BUYER
harmless, from any claim, damage, or liability made as a result of the breach by the
SELLER of the representations and warranties made in this paragraph. BUYER will
indemnify and hold the SELLER harmless, from any claim, damage, or liability made as a
result of the breach by the BUYER of the representations and warranties made in this
paragraph.
6.2 Liquidated Damages.
IF BUYER FAILS TO COMPLETE THE TRANSACTION SET FORTH IN
THIS AGREEMENT DUE TO ITS DEFAULT UNDER ITS TERMS, THE PARTIES
AGREE THAT SELLER SHALL RETAIN ALL OF BUYER'S DEPOSIT AS
LIQUIDATED DAMAGES, WHICH THE PARTIES AGREE IS A REASONABLE
SUM CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF
THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE
RANGE OF HARM TO SELLER THAT REASONABLY COULD BE ANTICIPATED
AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE
COSTLY OR INCONVENIENT. IN PLACING THEIR INITIALS BELOW, EACH
PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS
d/979/a/41b 9
MADE ABOVE. RETENTION OF SAID DEPOSIT SHALL BE SELLER'S SOLE
LEGAL OR EQUITABLE REMEDY FOR BUYER'S BREACH OF THIS
AGREEMENT.
SELLER BUYER
Initial Initial
6.3 Default by Seller.
If SELLER defaults under the terms of this Agreement, BUYER shall be
entitled to either terminate this Agreement and obtain a refund of all funds and other
items deposited by it with Escrow Holder and/or released to SELLER by Escrow Holder
(including the Deposit) at which time all rights and obligations of the parties under this
Agreement shall terminate and be of no further force or effect, or to initiate arbitration
proceedings seeking specific performance of this Agreement and/or damages. However,
BUYER shall not be entitled under any circumstances to damages in excess of the refund
by SELLER of the $95,000 Purchase Price paid to SELLER hereunder.
6.4 Notices.
Any notice from one party to another pursuant to this Agreement shall be in
writing and delivered personally, by facsimile, or by United States Mail, registered or
certified, return receipt requested, postage fully prepaid, and addressed to the parties as
set forth below.
TO BUYER: The Terraces at Sunny Creek LLC
c/o Chris Dahrling
2006 Palomar Airport Road, Suite 113
Carlsbad, CA 92008
Phone(760)931-8181
Fax No. (760)931-8508
With a copy to:
Joel L. Incorvaia, Esq.
Incorvaia & Associates
12626 High Bluff Drive, Suite 325
San Diego, CA 92130
Phone (858) 259-2220
Fax No. (858)259-3131
d/979/a/4Ib 10
TO SELLER: Holly Springs, Ltd.
c/o Lucia Kelly Sippel
1287 Vera Cruz
Oceanside, CA 92056
Phone/Fax (760) 630-554r
With a copy to:
William Schwartz, Esq.
Stephenson Worley Garrett Schwartz Garfield
& Prairie
401 B Street, Suite 2400
San Diego, CA92101
Phone (619) 696-3 500
Fax (619) 696-3555
Any notice shall be deemed delivered upon personal service, or if mailed on
the delivery date or attempted delivery date shown on the return receipt. If any party
changes its address, such change of address shall be communicated to the other parties in
the manner set forth in this paragraph.
6.5 Assignment.
BUYER shall have the right to assign this Agreement and all of BUYER'S
rights thereunder subject to the terms of this Agreement to any company affiliated with
or under common ownership with BUYER prior to the Closing Date, but BUYER shall
remain liable under this Agreement. Upon such assignment, the assignee will assume all
obligations of BUYER and will execute all documents and perform all obligations
imposed on BUYER as if the assignee were the original buyer in this Agreement.
6.6 Amendment.
This Agreement may be amended only by a writing signed by each party
hereto. If such a written amendment is entered into, such written amendment shall
modify only the provisions of this Agreement specifically modified, and shall be deemed
to incorporate by reference, unchanged, all remaining provisions of this Agreement.
6.7 Successors and Assigns.
This Agreement is binding upon and shall inure to the benefit of the parties,
and their respective successors-in-interest, assigns and transferees.
d/979/a/41b 11
6.8 Entire Agreement.
This Agreement contains the entire agreement of the parties, and supersedes
any prior or contemporaneous written or oral agreements, representations and warranties
between them with respect to the subject matter of this Agreement. There are no
representations, warranties, agreements, arrangements or understandings, oral or written,
between the parties relating to the subject matter contained in this Agreement that are not
fully expressed in this Agreement.
6.9 Arbitration/Attorneys' Fees.
Any controversy or claim between the parties that arises out of or relates to
this Agreement shall be decided by binding arbitration under the Commercial Arbitration
Rules of the American Arbitration Association, and judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The provisions of
Code of Civil Procedure section 1283.05 shall apply to the arbitration proceeding. If
either party takes or commences any actions or proceedings, or arbitration, against the
other by reason of any breach or claimed breach of any provision of or in any way
connected with, this Agreement, or seeks a judicial declaration of rights under this
Agreement, the party prevailing in such action or proceeding shall be entitled to recover
from the other party the prevailing party's reasonable attorneys' fees and costs, including,
but not limited to, all expert witness fees, other witness fees and associated expenses,
whether or not the proceeding or action proceeds ,to judgment.
6.10 Construction.
Whenever used in this Agreement, as the context requires, the singular
number shall include the plural, the plural number shall include the singular, the
masculine gender shall include the feminine and neuter, the feminine gender shall include
the masculine and neuter and, the neuter gender shall include the masculine and femuiiiie
6.11 Headings and Captions.
The headings and captions at the beginning of various paragraphs and
subparagraphs of this Agreement shall not be construed to be a substantive part of this
Agreement and shall not in any way define, limit, expand or affect any provision of this
Agreement.
6.12 Further Acts.
The parties agree to perform any further acts and sign and deliver any
d/979/a/41b 12
further documents that are reasonably necessary to effectuate the provisions and spirt of
this Agreement.
6.13 Counterparts.
This Agreement may be signed in two or more counterparts, each of which
shall constitute an original, but all of which shall be one and the same document.
6.14 Governing Law.
This Agreement shall be construed under and enforced in accordance with
the laws of the State of California.
6.15 Severabilitv.
If any term or provision of this Agreement shall for any reason become, or
be held by any court of competent jurisdiction to be, illegal, null or void, the remaining
terms and provisions of this Agreement shall remain in full force and effect.
6.16 Forum Selection.
If any action is brought by BUYER or SELLER arising out of or in any way
related to any of the terms, covenants or conditions of this Agreement, whether such
action is in law or in equity, each party agrees the sole forum for such action shall be a
court of competent jurisdiction or arbitration forum within the County of San Diego, State
of California.
6.17 Interpretation.
BUYER and SELLER have agreed to the use of the particular language of
the provisions of this Agreement, and any question of doubtful interpretation shall not be
resolved by any rule providing for interpretation against the party who causes the
uncertainty to exist or against the drafter of this Agreement.
IN WITNESS WHEREOF this Agreement is made and entered into as of the date
first written above.
d/979/a/41b 13
BUYER:
THE TERRACES AT SUNNY CREEK LLC.
a California limited liabilityycompany
?Q
George $fy>k,/r., its P||esident // Date
SELLER:
HOLLY SPRINGS, LTD.
a California limited partnership
By:
Lucia Kelly Sippel, its Date
Managing General Partner
ACCEPTANCE BY ESCROW HOLDER:
The undersigned Escrow Holder agrees to (1) accept the foregoing Agreement; (2)
be the escrow agent under the Agreement for the fees agreed upon by Escrow Holder,
BUYER, and SELLER, and (3) be bound by the Agreement and the performance of its
duties as escrow agent; provided, however, Escrow Holder shall have no obligation,
liability or responsibility under (a) this Consent, or otherwise, unless and until the
Agreement, fully signed by the parties has been delivered to Escrow Holder, or (b) any
amendment to the Agreement, unless and until such amendment is accepted by Escrow
Holder in writing.
Date:
By:.
Chicago Title Company
d/979/a/41b ' 14
FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:04PM P2
BUYER:
THE TERRACES AT SUNNY CREEK LLC,
a California limited liability company
By:
George Szabo, Jr., its President Date
SELLER:
HOLLY SPRINGS, LTD.
a California limited partnership
;ia Kelly Slppel,^ '* (] Date
Managing General Partner
ACCEPTANCE BY ESCROW HOLDER:
The undersigned Escrow Holder agrees to (1) accept the foregoing Agreement; (2)
be the escrow agent under the Agreement for the fees agreed upon by Escrow Holder,
BUYER, and SELLER, and (3) be bound by the Agreement and the performance of its
duties as escrow agent; provided, however, Escrow Holder shall have no obligation.,
liability or responsibility under (a) this Consent, or otherwise., unless and until the
Agreement, fully signed by the patties has been delivered to Escrow Holder, or (b) any
amendment to the Agreement, unless and until such amendment is accepted by Escrow
Holder in writing.
Date:
By:_
Chicago Title Company
d/979/a/41b 14
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
d/979/a/41b 15
FROM' : Sippel^KellyX SYSTEM PHONE NO. : 619+6305541 Apr. 12 2000 02:54PM P4
Page i DESCRIPTION
Order No- 7343048
THOSE PORTIONS OF LOTS "D" AND "E" OF RANCHO AGUA HEDIONDA, ITU THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 1 OF SAID LOT "D" AS SHOWN ON RECORD OF SURVEY7MAP NO. 7518,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 10,
1974; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "D", NORTH 89°26'32" WEST,
1,543.43 FEET TO THE MOST EASTERLY CORNER OF SAID LOT "E"; THENCE ALONG A
PORTION OF THE BOUNDARY OF SAID LOT "E", NORTH 89°26'32" WEST 2,831.42 FEET TO
THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2, IN DEED TO WESTERN LAND
AND DEVELOPMENT COMPANY, RECORDED MARCH 2, 1971 AS FILE NO. 38810 OF OFFICIAL
RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF LAND OF WESTERN LAND AND
DEVELOPMENT COMPANY AS FOLLOWS:
NORTH 34°43'55" EAST, 664.30 FEET (RECORD - NORTH 34°44'03" EAST 663.15 FEET) TO
AN ANGLE POINT THEREIN AND NORTH 15°54'30" WEST (RECORD - NORTH 1S°54«25" WEST)
630.45 FEET TO THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO
OCEANSIDE-CARLSBAD UNION HIGH SCHOOL DISTRICT, RECORDED NOVEMBER 27, 1970,
RECORDER'S FILE NO. 216959 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF
SAID SCHOOL DISTRICT'S LAND AS FOLLOWS:
NORTH 53022'00" EAST (RECORD NORTH 53°22'17" EAST) 870.00 FEET TO THE MOST
EASTERLY CORNER OF SAID LAND; NORTH SS'IS'IO" WEST (RECORD-33»11'15" WEST)
891,30 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND AND SOUTH 84°20'35" WEST
(RECORD-SOUTH 84«>21'03" WEST) 1,060.12 FEET TO THE NORTHWESTERLY CORNER OP SAID
LAND, BEING ALSO A POINT IN THE BOUNDARY OF LAND DISTRIBUTED TO ALLAN O. KBLLEY,
IN FEE SIMPLE ABSOLUTE, IN THAT CERTAIN DECREE OF DISTRIBUTION UNDER SUPERIOR
COURT CASE NO. 44573, RECORDED MAY 11, 1953, IN BOOK 4851, PAGE 58 OF OFFICIAL
RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND OF ALLAN O. KELLEY. AS FOLLOWS:
NORTH Ol'll'lO" EAST (RECORD NORTH 00«03'10" EAST) 375.14 FEET TO AN ANGLE POINT
THEREIN AND NORTH 18°19'25" WEST (RECORD - NORTH 19°25'30n WEST) 205.03 FEET TO
THE MOST WESTERLY SOUTHWEST CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO HUGH
W. WARDEN ET AL, RECORDED NOVEMBER 30, 1961, RECORDER'S FILE NO. 206962 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 OF LAND WARDEN, ET
AL, AS FOLLOWS:
NORTH 77°03'22" EAST (RECORDED NORTH 76°49'26" EAST, 2,785.57 FEET TO AN ANGLE
POINT THEREIN; SOUTH 12°57'02- EAST, 1,734.64 FEET (RECORD SOUTH 13°10'34" EAST
1,735.00 FEET) TO AN ANGLE POINT THEREIN AND NORTH 89°55'SO" EAST (RECORD NORTH
89«52'25" EAST) 1,965.10 FEET TO THE MOST EASTERLY LINE OF SAID LOT «D"; THENCE
ALONG SAID EASTERLY LINE SOUTH 00«O3'SS" EAST, 1,860.62 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT "E" LYING WITHIN THE CIRCUMFERENCE
OF THAT CERTAIN 80.00 FOOT RADIUS CIRCULAR PARCEL OF LAND FIRST DESCRIBED IN
DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 4, 1963, RECORDER'S
FILE NO. 1851 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS "D" AND "E" DESCRIBED IN DEED
TO THE CARLSBAD UNIFIED SCHOOL DISTRICT, RECORDED AUGUST 26, 1998 AS DOCUMENT
NO. 1998-0543228, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM : Sippe'lvKe 11 yX SYSTEM PHONE NO. : 61946305541 - . &pr. 12 2000 02:55PM PS
Page 2 -DESCRIPTION
Order No. 73430*8
BEGINNING AT ANGLE POINT IN SAID LOT E, SAID ANGLE POINT BEING DESIGNATED POINT
13 ON SAID MAP 823; THENCE ALONG THE SOOTH LINE OP SAID LOT E SOUTH 89e26'32"
EAST 100 FEET (SOUTH 89°30'04" EAST 100 FEET PER DEED); THENCE NORTH 6°09'18"
WEST 451.70 FEET (NORTH 6'06'45" WEST 451.76 FEET PER DEED) TO AN ANGLE POINT IN
THE BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 6616. FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN PIEGO"COUNTY, FORMED BY THEIR COURSES "NORTH 51°47'48"
EAST 1165.49 FEET AND NORTH 4°20'50" EAST 963.68 FEET. SAID ANGLE POINT IS ALSO
SHOWN AS A "FOUND 2" PIPE WITH TAG STAMPED LS 2940, DISTURBED-REPLACE WITH 2"
PIPE WITH TAG STAMPED "RCE 6486" ON RECORD OF SURVEY^1718, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 4»20'50" EAST 963.73
FEET (NORTH 4»20'50" EAST 963.88 FEET PER DEED). THENCE NORTH 1»11'10" EAST
896.00 FEET (NORTH 1°12'15" EAST 896.00 FEET PER DEED), TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING PER SAID RECORD OF SURVEY 7918 NORTH 1»11'10" EAST
375.14 FEET AND NORTH 18«19'26" 205.03 FEET TO AN ANGLE POINT SHOWN ON SAID
RECORD OF SURVEY 7918; THENCE ALONG THE NORTHERLY LINE OF SAID RECORD OF SURVEY
7918 NORTH 77«03'22" EAST 1032.98 FEET; THENCE LEAVING SAID NORTH LINE. SOUTH
8°33'55« EASt 704.44 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID RECORD OF
SURVEY 7918 SHOWN AS "FOUND 2" PIPE WITH TAG STAMPED "RCE 6486 - NO RECORD";
THBWCE ALONG THE BOUNDARY LINE OF SAID RECORD OF SURVEY SOUTH 84"20'3S" WEST
1060.12^ FEET (NORTH 84<>21'03" EAST 1060.12 FEET PER DEED) TO THE TRUE POINT OF
BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION OF LAND ENCOMPASSING EASEMENT
d/979/a/41b 16
FROM :.SiPPel/K£TlyX"SYSTEM ^ PHONE NO. : 619+6305541 " .. " ftpr. 14 2000 10:24ftM P3
' - (i
Ufeduiig Design Group, Inc.
L-1061
3/30/00
EXHIBIT 'A'-3-
LEGAL DESCRIFnON
That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 823, filed in the office of the County Recorder of San
Diego County, November 16, 1896, described as follows:
Beginning at the most northeasterly corner of land granted to the Carlsbad Unified School District
per Grant Deed recorded August 26,1998 per Document #1998-0543228. Said northeasterly corner
being on the northerly line of Record of Survey 7918, filed in the Office of the County Recorder of
San Diego County. Thence along the northerly line of said Record of Survey 7918 North 77 0-03'-22'
East 500.00 feet to the True Point of Beginning, thence continuing along said northerly line North
77?-03'-22" East 466.69 feet; thence leaving said northerly line at right angles South 12°-56'-38"
East 466.69 feet; thence parallel with said northerly line South 77 "-03-22" West 466.69 feet; thence
at right angles North 12 °-56'-38" West 466.69 feet to the True Point of Beginning.
Containing 5.0 Acres
703 Polomar flirport Road 4> Suite 300 f- Carlsbad. California 92009
(760) 438-3182 fflX (760) 438-0173
FROM.: Sippel/KellyX SVSTEN PHONE 1C). : 619+6305541 Apr-. 14 2000 10:24ftM P2
EXHIBITA-4/11/00
HOLLY SPRINGS
CARLSBAD CA.
LAND GRANTED TO C.U.S.D.
PER CRANT DEED RECORDED .
AUGUST 26, 1998 PER DOCUMENT
11998-0543228
P.O.B.
NOT A PART* CRMWD TANK SITE
AP# 168-050-08 IN
NOTE: BOUNDARY ANBf
PARCEL COMPUTED
FROM RECORD OF
SURVEY # 7918
800*
11 N77*03'22t 466.69'
S12*56'38"E 466.69*
3) S77*03'22"W 466.69*
4) N12*56'38"W 466.69'
fiP 168V050
CITY OF
CAHLSBADAP 168-050-45^ ^
PARCEL B \
98.88 ACRES \PARCEL C
20.46 ACRES «
N89*26'32"W I
PARCEL D
108.42 ACRES148.01'
LOT E
AP 168-050-26
2831.42
HOLLY SPRINGS LTD
C/Q LUCIA SEPPEL
1287VERA CRUZ
OCEANS1DE CA. 92056
(760) 630-5541
UxJiuIg Design Group, Inc
703 PALDMAR AiRPORT ROAD #300
CARLSBAD, CA. 92009
(760) 438-3182
FAX (760) 438-0173
, 4/14/00 JOB L-1061
'•'£$'
. i.i.^ '
FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 Mar. 01 2000 01:52PM P2
EXHIBIT "C"
FORM OF GRANT DEED
d/979/a/41b 17
FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:05PM P3
RECORDING REQUESTED BY
The Terraces at Sunny Creek LLC
2006 Palomar Airport Road, Suite 11.3
Carlsbad, CA 92008
AND WHEN RECORDED MAIL TO
Joel L. Incorvaia, Esq.
12626 High Bluff Drive, Suite 325
San Diego, CA 92130
GRANT DEED
The undersigned declares that the DOCUMENTARY TRANSFER TAX is
$.. and is
computed on the full value of Hie interest or property conveyed; OR IS
computed on the full value less value of liens or encumbrances remaining
thereon at the time of sals.
Signature of Declarant
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Holly Springs, Ltd., a
California limited partnership, Grantor, grants to The Terraces at Sunny Creek LLC, a California limited
liability company, grantee, the real property located in the City of Carlsbad, San Diego County, California,
described as follows:
See attached Exhibit A, incorporated by reference to this document.
HOLLY SPRINGS, LTD.,
a California limited partnership
By:,
Lucia Kelly Sippel, Managing Partner
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OFCOUNTY OF
State .personally
, a notary public in and for said County and
ly known to ine (on piaued to me on tte bfloin-af_
tMacttny evidence) to be the personC*) ^hose jja|ne($^|5fctf« subscribed to the within instrument and acknowledged to me that
Jw^hgahey executed the same m4HSZne#t*ieir authorized capacity(ie»), and that by4usXaei?<feek signatjjre^ on the instrument the
person(ji), or the entity upon behalf of which die person^), acted, executed the instrument.
WITNESS my hand and official seal.)***
Rev. 9/29/99
MARY H. MAGGAY
Comm. 11241642
NOTARY fUBllC-CALIFORNIASin Diego County ™
». Enpiies Dae. 10,2003 "T1
«^'l'» I H I I • , i»t
0)
FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 03 2000 03:05PM PA
EXHIBIT "A-l" TO GRANT DEED
Grantor hereby grants to Grantee a perpetual easement for conservation purposes
(the "Easement") over the real property described below (the "Easement Property"). The
purpose of this Easement is to ensure the Easement Property will be retained forever in a
natural condition and to prevent any use of the Easement Property that will significantly
impair or interfere with the conservation values of the Easement Property, This Easement
prohibits all of the following on any portion of the Easement Property: Grading.,
excavation, placement of soil, rock gravel or other material, grazing, clearing of
vegetation., construction, erection or placement of any building or structure, trash
dumping,, use of herbicides, rodenticides, or weed abatement activities, hunting, fishing,
trapping, or removal of native animal species, otherwise altering the general topography
of the Easement Property, including building of roads, removing, destroying or cutting of
trees or other vegetation, except for fire protection as required by law for:
(a) fire breaks;
(b) maintenance of existing foot trails or roads; or
(c) prevention or treatment of disease.
Grantor intends that this Easement will ensure the preservation and enhancement
of native species and their habitat in a manner consistent with the habitat conservation
purposes of this Easement.
Following written notification to Grantor, Grantee, and its successors, agents,
employees, and/or representatives of the California Department of Fish & Game, shall
have the right, but not the obligation, to enter upon the Easement Property and remove
any material, structure or other thing placed or maintained contrary to the terms of this
easement and to do any work necessary to eliminate the effects of any violation of this
easement. This easement shall not authorize any member of the public to use or enter
upon the land subject to this easement, it being understood that the purpose of this
easement is solely to restrict the use of said land.
This Easement is transferable by Grantee to any state, local or federal agency,
including the State of California, This Easement shall automatically terminate and be of
no further force and effect if title to the underlying fee is transferred to any agency of the
State of California or the United States of America for preservation purposes.
The terms, covenants and conditions set forth herein may be specifically enforced
or enjoined by proceedings in a court of competent jurisdiction, and shall be binding upon
the Grantor and its successors and assigns. All rights and remedies conveyed to Grantee
FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:06PM P5
under this Easement shall extend to and are enforceable by the California Department of
Fish & Game.
The Easement Property is described as follows: (see exhibit A-2 attached hereto).
" '''•'' ' "• ':'; ~\ ">1 ^'"'v-''-" "'' :' '• •• •'""'•''' '.- '••'•"• •;./; •• ' i'-."'; '•'-."'' •:"-•},'•:"• ••••.' . .''; NX\AK" CITY OF CARLSBAD y C'^ ."^ .•••:',•'.-.< ' .'•• '•,•.
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
• •'••••• : "'••'•''V:'-" " '"' 434-2867 .-^ •/• -, -' .' .'.'"' ''• ,• .'.' ' ; ."": . ' .. ." ....
REC'DFROM
'-•'•' S)
>M i /L .•DATE
ACCOUNT NO.DESCRIPTION AMOUNT
•:£,/.'•:. " •"-.•-•
6245 04/21/98
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A. CITY OP CARLSBAD ^
(\V 1200 CARLSBAD W.LAGE DRIVE CARLSBAD, (IfllFORNIA 92008
\ 4O4 «tae^434-2867
REC'D FROM V.Uf\A V/ViP DATE
ACCOUNT NO.
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RECEIPT NO. 27323
DESCRIPTION
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CASH REGISTER
PRELIMINARY REVIEW APPLICATION
PROJECT NAME: SYCAMORE I
APPLICANT NAME: HOFMAN PLANNING ASSOCIATES
MAILING ADDRESS: 2386 FARADAY AVENUE, SUITE 120, CARLSBAD, CA 920
PHONE NUMBER: 438-1465
PROJECT ASSESSOR'S PARCEL NUMBER(S)
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY):
REVISION TO THE SYCAMORE CREEK SPECIFIC PLAN
AND TENTATIVE MAP
(see attached project description)
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
PLANNER/ENGINEER? YES NO
Q D
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
BRIAN HUNTER - PLANNING DEPARTMENT
BOB WOJCIK - ENGINEERING DEPARTMENT
KEN QUON - ENGINEERING DEPARTMENT
FOR CITY USE ONLY
PROJECT NUMBER: T?<£ 95
FEE REQUIRED/DATE FEE PAID:
RECEIPT NO.: __ fL
RECEIVED BY:
PRELIMINARY REVIEW CHECKLIST
Staff would like to know what information you primarily want from
this review. With this known, we can focus most of our attention on
researching and answering your main questions (s). Please check the
one or two boxes below which best describes the information you
would like us to concentrate on, and/or check the box marked
"other" and tell us in your own words what information you would
like from us.
SITE DESIGN:
Focus is on reviewing issues such as development standards (setbacks, building
height, etc.), hillside compliance, landscaping, signage, open space requirements,
and other physical aspects of zoning. Plans adequately illustrating these features are
needed for review.
D LAND USE:
Focus is on determining the compatibility of the proposed land use with the existing
general plan and zoning designations, determining whether staff could support a
general plan amendment or zone change, and determining compatibility of the
proposed land use with surrounding land uses.
D ARCHITECTURE:
Focus is on establishing quality architecture and checking its compatibility with the
surrounding area and against any applicable guidelines or plans. Building elevations
or other architectural information are needed for review.
D ZONING INTERPRETATION:
Focus is on interpreting any aspects of the zoning ordinance.
ENGINEERING STANDARDS:
Focus is on reviewing all engineering-related issues, such as grading, drainage,
circulation and traffic, street vacations, easements, subdivisions, etc.
D OTHER:
In the space below, please list any other issues you would like us to review.
DESCRIPTION OF PROPOSAL
Overall Project
This exhibit shows the details of the residential portion of the proposed Sycamore I project.
This proposal is an amendment to SP -190 the existing Specific Plan for Sycamore Creek.
The existing Specific Plan allows this site to be developed with a combination of three story
offices, commercial and hotels. The proposed amendment will significantly reduce the
intensity of development on the portion of the site to south of College Boulevard. Currently
this site has General Plan designation of O/C/RH. The proposed designation for this
portion of the Specific Plan will be RM which would allow a maximum of approximately 189
dwelling units on this site.
The portion of the property to the north of College Avenue will have its General Plan
designation changed from C to C/RH. This change will allow for the construction of a
triplex unit which will be located below the level of the commercial pad adjacent to the open
space to the north of the site. This triplex will consist of three, three bedroom units to fulfill
the three bedroom affordable requirement of this project. The remainder of the affordable
units will be provided a second units within the single family homes that will be constructed
in the residential portion of the project. The details of how this project will comply with the
requirements of Carlsbad Inclusionary Housing Ordinance will be explained in the text of the
amendment to SP-190.
Commercial Area
Per the existing Sycamore Creek Specific Plan a Site Development Plan will be required for
the development of the Commercial area north of College Boulevard. This will remain the
same in the amendment to SP-190. The only difference to this portion of the Specific Plan
will be the addition of a small are of RH to accommodate the development of the three
affordable units.
Residential Area
The Residential area to the south of College Avenue will be developed with single family
detached units on lots with a minimum area of 3870 square feet and a minimum width of 43
feet. These units will be stepped down the hillside to take advantage of the existing
topography and views into the Sunny Creek area. All of the lots adjacent to El Camino Real
will be set below the level of the roadway to buffer them from traffic noise. All units will
front on public streets and provide a minimum 15' x 15' flat usable rear yard.
The common recreation area will consist of picnic tables and benches set among the existing
oak trees in the northern portion of the project. The RV storage will be located near the
entrance of the project. The RV storage will be located below the level of the entry road to
screen it from view. In addition, a permanent office building will be located at the northeast
corner of the intersection of College Boulevard and "A" Street. This office building will
serve as the sales office for this project as well as the future development of the Sycamore II
project which will cover the majority of the property in Zone 15.
1200 CARLSBA
A
DWI
CITY OF CARLSBAD
LLAGE DRIVE CARLSBAD,
434-2867
LIFORNIA 92008
REC'D FROM 'DATE /* - ^'~ Xy
ACCOUNT NO.
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RECEIPT NO? 25284
DESCRIPTION
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