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HomeMy WebLinkAboutCT 97-04; Calavera Hills Village L-1; Engineering ApplicationCARLSBAD - ENGINEERING DEP*"XTMENT APPLICATION w FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: CALAVERA HILLS - VILLAGE L-l DATE: PROJECT DESCRIPTION: 35 Detached Air Space Condominium Units CT 97-04 PROJECT ADDRESS: Northwest corner of Harwich Drive & Edgeware Way LOTNO(S).: MAP NO.: APN(S).: 167-554-01 NO. OF DWELLING UNITS: 35 LFMP ZONE: 7 # LOTS: # ACRES: 6.3 OWNER: San Luis Key Properties Mailing Address: 4806 Dulin Road Fallbrook, CA 92028 Phone Number: ( 760) 723-6664 1 certify that 1 am the legal owner and that all the above informaJtierrlsTrue and^coTf^ct to the best of my knowledge Sign«tnte~^^^i<Qk^JT~-'Ssie &hi-J&?-> / !f v CIVIL ENGINEER: Raymond L. Martin Firm: Hunsaker & Associates S.D. Mailing Address: 10179 Huennekens Street San Diego, CA 92121 Phone Number: ( 619) 558-4500 State Registration Number: 48769 LANDSCAPE ARCHITECT: Baxter Martin Firm: BTM Mailing Address: 3202 Olive Hill Road Fallbrook CA 92028 Phone Number: ( 760) 723-4117 State Registration Number: 4029 APPLICANT: Same as Owner Mailing Address: Phone Number: ( ) Signature Date SOILS ENGINEER: Charles H. Christensen Firm: Southern California Soil & Testing, Mailing Address: 6280 Riverdaie Street San Diego, CA 92120 Phone Number: ( 619 ) 280-4321 State Registration Number: 002 15 ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1 . What water djstrict is the proposed project located in (circle one)? CCarlsbad Municipal Water District^) Olivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? $ 136,218 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ 339 ,446 4. What is the total cost of landscape and irrigation improvements on private property (if $ ,. applicable)? W/A GRADING QUANTITIES cut 10,000 cy fj|| 10,000cy remedial 0 cy import/export 0 cy Inc. DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 APPLICATION FOR: (/ all that apply) Q Adjustment Plat Q Certificate of Compliance 13 Dedication of Easement Type: Q Encroachment Permit Q Engineering Standards Variance a Final Map 13 Grading Plancheck / Q Grading Ci Improvement Plancheck Q Landscape Plancheck Q Parcel Map Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Plancheck Number (£TD-o f , fin~ tf'~}-/-)4- ?f£f}-O4- GT^FhoL Type ADJP COC DOE ENCROACH ESV FM GRPC GRADING IPC LPC PM QUITC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BY: MASTER PROJECT ID: RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number PfcA&lll P/TI tp-04- t3)k4^$A 3&4-g> Project I.D. £r<n~o £- ^T^Ttf 4- -r-ff^oy crr<??'-&'7 Deposit/Fees Paid DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 City of Carlsbad Public Works — Engineering December 9, 1998 Heritage-Cliffs, LLC 4806 Dulin Road Fallbrook, CA COMPLETION OF GRADING PLANCHECK FOR: CT 97-04. DWG 364-8A PROJECT NAME: CALAVERA HILLS VILLAGE L-1 This correspondence is to inform you that the City Engineer has signed the Grading Plans for the project noted above. These plans are now the property of the City of Carlsbad and have been filed for permanent record with this office. Signature of your Grading Plans clears the way for issuance of your grading permit subject to the limitations and requirements of City Ordinances, your conditions of approval (if any) and all requirements for outside agency permits such as the Coastal Commission. The approval of these plans by the City of Carlsbad does not authorize the applicant to violate any federal, state, or city laws, ordinances, regulations or policies including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto. Presently, our records indicate your project is clear for grading permit issuance provided the following items are completed to the satisfaction of this office: 1. Submit proof of a valid Coastal Development Permit from the California Coastal Commission. 2. Submit proof of recordation of the Final Map. 3. Provide the City with three sets of bluelines of the approved grading plans. 4. Obtain a Retaining Wall Permit from the Building Department. 5. Apply for a grading permit within the next one (1) year. 6. Provide the City with a copy of this letter. 7. Complete the Grading Permit Application (Attached). 8. Proof of general construction activity Storm Water Permit (Disturbances of five [5] acres or better). Provided that all the above requirements have been met, you may now apply for your grading permit. Please submit all required items to the Engineering Development Services Counter at 2075 Las Palmas Drive. Please be aware that fees are subject to change. You may wish to verify permit fees before coming in and applying for your permit. You may obtain the blueline sets and any other reproductions you desire through one of several bonded blueprint firms in the area at your cost. Your grading permit will be issued when all the above items have been completed. After permit issuance, contact the Engineering Inspection Request Line at 438-3891 to set up a preconstruction meeting with your Inspector. The inspector will bring the permit and give you your copy at the preconstruction meeting. PLEASE DO NOT BEGIN CONSTRUCTION UNTIL YOU HAVE RECEIVED YOUR PERMIT FROM YOUR PUBLIC WORKS INSPECTOR. OOCS\MISFORMS\COMP GRADING PLNCHK LET REV. 03/31/97 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 - FAX (760) 431-5769 In addition the following items will be required during the construction of your project. Coordinate the timing of these items with your Construction Inspector: 1. An approved Haul Route Permit prior to hauling any construction equipment or materials onsite or offsite. Allow 2 working days for approval. 2. An approved Traffic Control Plan and a valid Right of Way Permit prior to any work in the public right of way. Allow one week for approval. 3. Obtain a Retaining Wall Permit from the Building Department. Thank you for your cooperation and assistance in this matter. It has been a pleasure working with you through the plancheck process. If you have any questions, please feel free to call me at 438- 1161, extension 4333. In an effort to improve our customer service, the Community Development Department is soliciting your comments on the service you have received in processing your project. Enclosed is a Customer Service Survey form. Please take a few minutes to complete this form and return it to the City. Your help is greatly appreciated. Respectfully, ROBERT J. WOJCIK, P.E. Principal Civil Engineer c: Sr. Office Specialist - Inspection Permit Station - Front Counter File ECE Attachments: Grading Permit Application Right of Way Permit Packet Customer Service Survey FOR OFFICE USE ONLY DWG NO. 364-8A PROJECT LOCATION: Tamarack Avenue DOCS\MISFORMS\COMP GRADING PLNCHK LET REV. 03/31/97 o 1045 Linda Vista Drive, Suite 108 San Marcos, California 92069 (760)471-9505 • Fax (760) 471-9074 NSITENC. Geotechnical Environmental Materials October 12, 1998 CA1046 Heritage HomeBuilders, Inc. 2420 Grand Avenue G2 Vista, California 92083 Attention: Mr. Dan Partin Subject: Drainage Swales Calavera Hills Village L-l Carlsbad, California References: 1) "Report of Field Observation and Relative Compaction Tests, Village L-l, Calavera Hills, Carlsbad, California" Dated October 23, 1985 by Southern California Soils & Testing Inc. GeoTek Insite, Inc. has reviewed the proposed three (3) foot setback for drainage swales from foundations on the subject property. Based on available data, on site soils should be low expansive. The three feet clearance is considered to be acceptable. Where the slope away from the building exceeds 10%, we recommend that the foundations be deepened by 3 inches to accommodate the slight loss of effective embeddment caused by the sloping ground. The opportunity to be of service is sincerely appreciated. If you should have any questions, please do not hesitate to call our office. Very Truly Yours, GeoTek Insite, Inc Iimo Principal Gfeologis Chris Project Engineer (2) Addressee (2) Hunsaker & Associates (1) via Fax (1) via Fax A California Corporation o 1045 Linda Vista Drive, Suite 108 San Marcos, California 92069 (760)471-9505 • Fax (760) 471-9074 K TNSITE INC. Geotechnical Environmental Materials October 12, 1998 CA1046 Heritage HomeBuilders, Inc. 2420 Grand Avenue G2 Vista, California 92083 Attention: Mr. Dan Partin Subject: Retention for Geotechnical Consulting Services Calavera Hills Village L-l Carlsbad, California References: 1) "Report of Field Observation and Relative Compaction Tests, Village L- 1, Calavera Hills, Carlsbad, California" Dated October 23, 1985 by Southern California Soils & Testing Inc. 2) "Retaining Wall Design Parameters, Village L-l, Carlsbad, California" Dated July 14, 1992 by Southern California Soils & Testing Inc. GeoTek Insite, Inc. is pleased to provide this letter to verify that we have been retained to provide geotechnical observation and testing services during construction at the subject property. We have reviewed the referenced reports by Southern California Soils & Testing Inc. (SCST) and observed the excavation of test trenches on the site. Test trenches verified that near surface conditions are essentially as outlined by SCST. We concur with the general recommendations offered by SCST subject to any modifications that may be warranted based on conditions encountered during site construction. We understand that you plan to start site grading around October 15, 1998 and will schedule our personnel accordingly. If possible, we would appreciate at least two (2) full working day advanced notice if this target date changes. A California Corporation Heritage HomeBuilders Calavera Hills Village L-l Carlsbad, California October 12, 1998 Project: CA1046 Page 2 of2 The opportunity to be of service is sincerely appreciated and we look forward to working with you on this project. If you should have any questions, please do not hesitate to call our office. Very Truly Yours, GeoTek Insite, Inc. Principal Geologist xc: (1) Addressee via Fax (2) Hunsaker & Associates (2) Addressee San Diego Gas & Electric An Enova Company P.O. BOX 1831 • SAN DIEGO, CA 92112-4150 • 619 / 696-2000 FILE NO. April 9, 1998 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ATTN: City Engineer RE: Carlsbad Tract No. 97-04 Please be advised that the division of the property shown on Tract 97-04 will not unreasonably interfere with the free and complete exercise of any easement(s), held by San Diego Gas & Electric Company within the boundaries of said tentative map. This letter should not be construed as a subordination of the Company's rights, title and of the provisions contained in said easement(s) or a waiver of costs for relocation of any interest in and to said easement(s), nor should this letter be construed as a waiver of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide SDG&E with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Linda Victoria at (619) 696-2478. Respectfully, Linda Victoria Land Assistant cc: Hunsaker & Associates FAX: 714/263-7485 Joel D. Lazarus Senior Attorney FDIC Federal Deposit Insurance Corporation Legal Division P.O. Box 9349, Newport Beach, CA 92658-9349 4 Park Plaza, Irvine, CA 92714 Writer's Direct Telephone: 714/263-7342 E-Mail: jlazarus@fdic.gov VIA FACSIMILE (619) 431-1601 January 13, 1997 William E. Plummer, P.E. District Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Re: SL-1279, Great American Federal Savings Association, San Diego, CA - In Receivership 05/13/94, Calavera Hills , Village L-1, CMWD Project No. 87-501 4> Dear Mr. Plummer: I am counsel to the Federal Deposit Insurance Corporation. On December 31, 1996, the FDIC as receiver for Great American Federal Savings Association sold Lots 1 , 2 and 3 of Carlsbad Tract 85-30 to The Clurman Co., Inc., Donald S. Clurman and Kenneth M. Kaplan as tenants in common. In connection with that sale, the FDIC also sold Sewer Credits for Sewer Capacity Fees with the City of Carlsbad for 58 hookups for 58 residential dwelling units (the "Sewer Credits"). A copy of the Assignment and Assumption Agreement pursuant to which the Sewer Credits were transferred is attached. I would appreciate it if you would do whatever is necessary to appropriately reflect the forgoing transfer to The Clurman Co., Inc., Donald S. Clurman and Kenneth M. Kaplan on the records of the Carlsbad Municipal Water District. If you have any questions, please give me a call or you may call Mr. Kaplan at (714) 852-0634 (ext. 202). Thank you for your help. Sincerely, Joel D. Lazarus cc: Kenneth M. Kaplan (via fax 714/252-2815) — 1@ —FRI 1 e : 0 1 R - © ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, dated December , 1996, by and between (a) Federal Deposit Insurance Corporation as Receiver for Great American Federal Savings Association, which pursuant to 12 U.S.C. S1441a(n)(1) succeeded, the Resolution Trust Corporation in its capacity as Receiver for Great American Federal Savings Association ("Assignor"), and (b) The Clurman Company, Inc., a California corporation, as to an undivided 66.68 percent interest as tenant in common; Donald s.Clurman, a single man, as to an undivided 16.66 percent interest as tenant in common; and Kenneth M. Kaplan, a married man, as to an undivided 16.66 percent interest as tenant in common ("Assignee"). WHEREAS, Assignor and Assignee entered into that certain Purchase and Sale Agreement ("Agreement") dated October 2, 1996 for the sale and purchase of certain "Property11, consisting of certain "Real Property" (as more particularly described in fiohedula 1). "Personal Property1 and "Intangible Property" (as more particularly described in this Assignment and Assumption Agreement), as said terms are defined in the Agreement; WHEREAS, Assignor desires to quitclaim unto Assignee all of Assignor's right, title and interest in and to the Intangible Property as hereinafter provided; and WHEREAS, Assignee desires to assume the duties and obligations of Assignor with respect to the Intangible Property. NOW, THEREFORE, in accordance with the Agreement and in consideration of the sum of Ten Dollars ($10.00), the sufficiency and receipt of which are hereby acknowledged, the parties do hereby covenant and agree as follows and take the following actions: 1. Assignor does hereby quitclaim unto Assignee all of the Assignor's right, title and interest in and to the following J ft N — 10 — •STFRI 16:02 P. 04 property to the extent the sane is transferable by Assignor (collectively, "intangible Property"): (a) any and all leases, tenancies, licenses and other rights of occupancy or use of or for any portion of the Real Property or the Personal Property (including all amendments, renewals and extensions thereof), in effect as of the date of this Assignment and Assumption Agreement (collectively, "Leases"); (b) any and all contracts and agreements of any kind for the management, repair or operation of the Property (other than Leases) in effect as of the date of this Assignment and Assumption Agreement (collectively, "Contracts"); (c) any and all licenses, permits, authorizations, certificates of occupancy and other approvals that are in effect as of the date of this Assignment and Assumption Agreement and necessary for the current use and operation of the Property (collectively, "Permits"); (d) any and all warranties, telephone exchange numbers, architectural or engineering plans and specifications, and development rights that exist as of the date of this Assignment and Assumption Agreement and relate to the Real Property or the Personal Property (collectively, "General intangibles"); (e) any and all rights to the name of the improvements upon the Real Property ("Mama"); and (f) any and all utility deposits held on behalf of Seller by utility companies with respect to the Property (collectively, "Utility Deposits"). (g) Sewer Credits for Sewer Capacity Fees with the City of Carlsbad, California, for 58 hook-ups for 58 residential dwelling units ("flewer credits"). In addition, if and to the extent required by applicable law, Assignor does hereby quitclaim unto Assignee all of Assignor's right, title, and interest in and to any and all refundable tenant deposits (and required interest thereon, if any) in Assignor's possession with respect to the Leases and Contracts as of the date of this Assignment and Assumption Agreement (collectively, theTenants- uepoaii:a"j . "inLauylblo f*.v^^*Ly" rn.ss.ne %K« Laaooa, Contracts, Permits, General Intangibles, Name, utility Deposits, Sewer Credits, and, if and to the extent quitclaimed hereunder, Tenants' Depos its. 2. THE INTANGIBLE PROPERTY IS BEING QUITCLAIMED "AS 18", "WHERE IS", AND "WITH ALL VAULTS" AS OF THE DATE OF THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, 1=1 H — 10 — -9 T RRI 1 e : 0 3 R . 0 I MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ASSIGNOR SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE INTANGIBLE PROPERTY OR ASSIGNOR'S TITLE THERETO. ASSIGNEE IS HEREBY THUS ACQUIRING THE INTANGIBLE PROPERTY BASED SOLELY UPON ASSIGNEE'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY ASSIGNOR OR ASSIGNOR'S AGENTS OR CONTRACTORS. 3. Assignee hereby accepts the foregoing assignment of the Intangible Property and hereby assumes all duties and obligations of Assignor with respeot to (a) the Intangible Property for the period on and after the date of this Assignment and Assumption Agreement, and (b) any and all refundable deposits paid by tenants and contractors (and required interest on those deposits, if any) under the Leases and Contracts as of the date hereof, whether Buyer has received those deposits or interest or a credit therefore at Closing or not. Assignee shall defend, indemnify and hold harmless Assignor from and against any and all "Claims" asserted against or incurred by Assignor in connection with (a) any acts or omissions, on or after the date of this Assignment and Assumption Agreement, with respect to the Intangible Property, and/or (b) the deposits and Interest assumed by Buyer hereunder. "claim?" means claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including attorneys' fees, whether suit is instituted or not). 4. This Assignment and Assumption Agreement shall be (a) binding upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and their respective heirs, legal representatives, successors and assigns, and (b) construed in accordance with the laws of the jurisdiction in which the Real Property is located, without regard to the application of choice of law principles, except to the extent such laws are superseded by federal law. IN WITNESS WHEREOF, this Assignment and Assumption Agreement has been signed and delivered by the parties as of the date first above written. [Signature blocks appear on next page] RRI 6 : Q R - ASSIONORl Federal Deposit Insurance Corporation as Receiver for Great American Federal savings Association, which pursuant to 12 U.S.C. succeeded the Resolution Trust Corporation in its r Great American Federal Savings Association ASSIGNEEI Attorney In Fact The Clurman Company, Inc., a California corporation By: ^ Printed Name: Donald s. ciufnan Title: President Dorfald 8. Clurman Kenneth M. Kaplan STATE OF CALIFORNIA COUNTY OF ORANGE ) SS. ) On -Hevetnber- & , 1996, before me, personally appeared *Tbn Qt<*n<- pr^ruh' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Signature DIANE STEVEN) OOMM.110S2K6 Notov PuWo - CaCemtaORANGE COONTY | KVCcmm.&j*«MARC.1W | J «=« N — 10 — •STRRIliS:©-* R.0T STATE OF CALIFORNIA ) ) 88. COUNTY OF ORANGE ) On , 1996, before me, „ — / personally appeared Donald S. Clunnan, personally known to me (or proved to no on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Signature s STATE OF CALIFORNIA ) ) 8S. COUNTY OF ORANGE ) On November , 1996, before me, > personally appeared Kenneth M. Kaplan, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal. Notary signature J 1=1 N — 10 — •9TRRI16:©-* P.© Schedule 1 Legal Description Lots l, 2 and 3 of Carlsbad Tract 85-30, in the City of Carlsbad, County of san Diego, State of California, according to Map thereof No. 11826, filed in the office of the County Recorder of San Diego County, May 29, 1987. Carlsoad Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 FAX: 431-1601 November?, 1996 David R. Kirby, Senior Attorney Federal Deposit Insurance Corporation P.O. Box9349 Newport Beach, California 92614 Re: SL-1279, Great American Federal Savings Association, San Diego, CA - In Receivership (05/13/94), Calavera Hills, Village L-1, CMWD Project No. 87- 501 Dear Mr. Kirby: The District is responding to your letter dated October 17, 1996, regarding the transfer of sewer credits to Great American Federal Savings Association. Based on the information presented, we will recognize and grant the transfer of the remaining sewer credits as identified in the agreement between the City of Carlsbad and Lake Calavera Hills Associates dated January 20, 1982, to Great American Federal Savings Association. Further, we will recognize the new buyer of the property identified as The Clurman Company, Inc., Donald S. Clurman, and Kenneth M. Kaplan upon close of escrow and after obtaining written notification that the escrow was successfully completed. Sincerely, CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E District Engineer WEP:sjs CMWD 87-501 a "Serving Carlsbad for over 40 years" FDIC Federal Deposit Insurance Corporation P.O. Box 9349, Newport Beach, CA 92658-9349 WESTERN SERVICE CENTER 4 Park Plaza, Irvine, CA 92614 Legal Division David R. Kirby Writer's Direct Line: 714/975-8893 E-Mail: dkirby@fdic.gov Senior Attorney .. '• I I' October 17, 1996 Mr. William E. Plummer, P.E. OCT 2 I 1996 District Engineer Carlsbad Municipal Water District " 5950 El Camino Real ------ Carlsbad, California 92008 Re: SL-1279, Great American Federal Savings Association San Diego, CA - In Receivership (05/13/94) Village L-l, Calavera Hills, Carlsbad (the "Property") CMWD Project No. 85-502, Sewer Credits Dear Mr. Plummer: I am writing to you concerning sewer credits for the above project, on behalf of FDIC as Receiver for Great American Federal Savings Association ("Great American"). Great American is the fee owner of the Property, as the successor to Pacific Scene, Inc. The history of the Property and the manner in which Great American acquired title is described in detail in the enclosed letter dated August 30, 1996, from James Harris of FDIC to Robert Wojcik of the City of Carlsbad Engineering Department. For your reference, I am also enclosing a copy of your letter dated September 29, 1994 to Char Whidbee of Pacific Scene, Inc. Simply stated, Great American is requesting that the City of Carlsbad recognize it as the successor in interest to Pacific Scene, Inc. with respect to ownership of the Property and the right to utilize the sewer credits. As required in the Agreement dated January 20, 1982, between the City of Carlsbad and Calvera Hills Associates, Great American asks that the City give written consent to transfer of the sewer credits. Further, Great American recently conducted an auction of its interest in the Property and opened escrow with The Clurman Company, Inc., Donald S. Clurman, and Kenneth M. Kaplan, as tenants in common ("Buyer"). Great American also requests that, in the event the escrow closes, the City recognize the Buyer as Great American's successor in interest and consent to transfer of the sewer credits to the Buyer . If you have any questions or I can be of any assistance in your review of this matter, please call me at (714) 795-8893. I look forward to your response. Very truly yours, David R. Kirby Senior Attorney Enclosures cc: Benjamin Parks, Esq. (w/o enclosures) Mary Zvonek (w/o enclosures) Mike Sanchez (w/o enclosures) Donald S. Clurman (w/o enclosures) io/17/ae 10:47 ;?i4 487 a 12-1 CI.I.'RMA'S COMPANV Carlsbad °r"~" Muniapa Water Distr'ct 595° =' Cammo Real. Cortsc-ad, CA 92008 Engineering (619) 438-3367 Administration: (619) 4.38-2722 Fax: (619) 431-1601 September 29, 1994 Char whidbee, Legal Assistant Pacific Scene, Inc. 3900 Harney Street San Diego, California 92110 Re: Village 1-1, Calavert Hill*, Carlebad CMWD Project No. 86-502, Sewer Credits Dear Char The District is responding to your letter dated September 27, 1994, regarding sewer credits for Pacific Scene. Our records shovrtnHRheJnltial sewer credit was $1 ,000,000, and the remaining credit as of this date Is $209,0003 ^ — 'if you have any questions, please contact me at ext. 126. Very truly yours, CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E. District Engineer W6P:sjs CMWD 86-502 'Serving Carlsbad for over 35 years' -T 131 FDIC Federal Deposit Insurance Corporation P.O. Box 9949, Newport Beach, CA 92658-9349 4 Park Plaza, Irvine, CA 92714 Legal Division Telephone: 714/263-7400 FAX: 714/263-7479 30 August 1996 City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009-1576 Attn: Mr. Robert J. Wojcik Principal Civil Engineer Subject: No. 1279 - Great American Federal Savings Association San Diego, CA - In Receivership Calavera Sewer Connection Fee Credits Village L, Harwiek Drive Carlsbad, California Our File No.: 1279000770101 LSRL No.: 95-21002 Dear Mr. Wojcik: Pursuant to our recent telephone conversation, the following is submitted to the City of Carlsbad, CA (the "City"), on behalf of the Federal Deposit Insurance Corporation ("FDIC") in its capacity as Receiver of Great American Federal Savings Association, San Diego, CA. ("GAFSA"). GAFSA failed on May 13, 1994, and the Resolution Trust Corporation ("RTC11) was appointed its Receiver and in that capacity became the owner of all of the assets of that institution. Pursuant to Federal Statute, on January 1, 1996, by operation of law, the FDIC became the successor of the RTC as Receiver of GAFSA, and, in that capacity the FDIC became the owner of said assets of the former institution. Among the assets of GAFSA acquired by the RTC as Receiver at the time of said former financial institution's failure was a wholly owned subsidiary known as Great American Development Company, a California Corporation ("GADCO"). This asset was transferred to the FDIC as the successor of RTC. According to the information supplied to this writer, GADCO was a participant in various types of business transactions. Among them was a joint venture known as Treetops Unlimited, which was composed of GADCO (which was at one time known as Financial Scene, Incorporated) and Pacific Scene, Inc., a California Corporation. According to information supplied by you to FDIC Account Officer Mary Zvonek, pursuant to the terms and provisions of an Agreement dated January 20, 1982, between the City of Carlsbad, California, U:\OENERAL\VILLAOE.COR •%„..- City of Carlsbad Village L 30 August 1996 Page 2 and Lake Calavera Hills Associates (therein referred to as the "Developer") (a copy of which Agreement you supplied to Ms. Zvonek), and particularly Section 9., the City assigned "a portion of the Developer's credit balance in the amount of $1,000,000.00, to be drawn upon by Pacific Scene, Inc. or their successors in interest, to pay sewer connection fees." According to your correspondence of October 7, 1992, to Jon B. Warner at Pacific Scene, Inc., a copy of which is attached hereto, Pacific Scene, Inc. had remaining sewer connection credits (the "Credits") in the amount of $209,000.00. Your recent correspondence dated August 12, 1996, to the FDIC, Attn. Mary Zvonek, indicates that the City's records still reflect Pacific Scene's Credits to be in that amount. As was discussed in our telephone conversation, the only area in the Calavera Hills Master Plan that was under the control of Pacific Scene, Inc. that apparently remains undeveloped is that area known as "Village L." I have been informed that the legal description of the "Village L" area is: Lots 1, 2 and 3 of Carlsbad Tract 85-30, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11826, filed in the Office of the County Recorder of San Diego County, May 29, 1987. According to a preliminary title report issued by Continental Lawyers Title Company directed to Pacific Scene (a copy of the appropriate pages thereof being attached), as of August 6, 1993, the fee estate or interest in Lot l of the aforedescribed property was vested as follows: Treetops Unlimited, a joint venture, composed of: Great American Development Company, a California corporation, formerly known as Financial Scene Incorporated and Sundance, Inc., successor in interest to Pacific Scene, Inc. Additionally, as evidenced by the attached, according to a preliminary title commitment issued to the FDIC by the Chicago Title Company, as of May 24, 1996, the fee estate or interest in the above described property was vested as follows: Great American Development Company, a California corporation, as to Lot 1 and Treetops Unlimited, a joint venture, composed of: Great American Development Company, a California corporation, formerly known as Financial Scene Incorporated, a California Corporation and Pacific Scene, Inc., a California corporation, as to Lots 2 and 3. U:\OENERAL\VILLAOE.COR City of Carlsbad Village L 30 August 1996 Page 3 Referencing the commitment issued by Chicago Title, by a certain Partnership Grant Deed dated December 27, 1995, and recorded on March 28, 1996, in the Official Records of San Diego County under Instrument No. 1996-0155264, Treetops Unlimited, through its joint venturers, Sundance Financial, Inc. and GADCO, granted Lot 1 of the above described property to GADCO. Also, by a certain Partnership Grant Deed dated August 7, 1996, and recorded on August 22, 1996, in the Official Records of San Diego County under Instrument No. 1996-0427317, Treetops Unlimited, through its joint venturers Sundance Financial, Inc. and GADCO, granted Lots 2 and 3 of the above described property to GADCO. Thus, at the present time the fee estate or interest in the Village L property is vested in GADCO. As aforementioned, GADCO is a wholly owned subsidiary of the Receivership of GAFSA. It is my understanding that, according to the records of GADCO and the Receivership of GAFSA, GADCO is substantially indebted to GAFSA. I am further advised that in the very near future, as a part of the liquidation process of GADCO and the Receivership of GAFSA, in partial extinguishment of that indebtedness, the Officers and Directors of GADCO plan to deed GADCO's fee interest in said Lots 1, 2, and 3 to the FDIC as Receiver of GAFSA. Again referencing the aforementioned Agreement dated January 20, 1982, and particularly the provisions thereof stating that transfer or assignment of the Credits cannot be done without the prior written consent of the City, while the FDIC cannot at this time fully document the specific assignment of the Credits currently carried by the City as due to Pacific Scene, Inc., as evidenced by the foregoing, by mesne conveyance, apparently either by merger, name change or otherwise, as established by the mentioned title commitments, as evidenced by the attached, GADCO is the current owner of the fee interest in the entirety of the above described property. Accordingly, the FDIC, as Receiver of GAFSA, sole owner of GADCO, respectfully submits that GADCO is the "successor in interest" of Pacific Scene, Inc. with respect to the Credits, and should be so recognized upon the records of the City. Further, in view of the expected transfer of the property from GADCO to the Receivership of GAFSA, may this correspondence also serve as a formal written request to the City for its "prior written consent" for GADCO to transfer its interest in the Credits to the Receivership. Additionally, as the Receiver of GAFSA, FDIC is charged with maximizing the return or recovery on all assets of the Receivership. To this end, following GADCO transfer to the Receivership, FDIC, as the Receiver of GAFSA, is expecting in the very near future to sell the Village L properties through a sealed bid process. It is expected that FDIC will be able to transfer the U:\GENERAL\VILLAOE.COR City of Carlsbad Village L 30 August 1996 Page 4 Credits to the eventual purchaser of the fee interest in the property. Therefore, may this correspondence further serve as a formal written request to the City for its "prior written consent" for the FDIC as Receiver of GAFSA to transfer the Credits to said eventual purchaser of the property. As you are aware, this writer is being reassigned to another area of work in the FDIC Legal Division. For that reason, it is requested that your reply and any request for further information be directed to Ms. Mary Zvonek of the FDIC. She may be contacted in writing at FDIC, P.O. Box 7549, Newport Beach, California 92658- 7549; by phone at (714) 263-7757. Thank you for your prompt and courteous attention in these matters. Youi cc: Mary Zvonek Rick Morris Ellis U:\GENERAL\VILLAOE.COR City of Carlsbad Engineering Department October 7, 1992 Jon B. Warner i Pacific Scene Inc. t SAN DIEGO. CA. 3900 Harney Street San Diego, CA 92110 CAIAVERA SEWER CREDITS I apologize for taking so long in getting you this letter you requested, we have been quite busy here lately. The number that I verbally told you, $209,000 is the remaining credits that Pacific Scene has for the Calavera area. I have passed this number on to the Finance Department for further verification. They have indicated that they will eventually be doing a complete audit of all sewer credits but they did not have any information at this time that would differ from the number that I am giving you. If you have any questions please give me a call at 438-1161, extension 4333. ROBERT J. WOJCIK Principal Civil Engineer RJW:rz 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 / £6r».fneiibl Lawyers-Title A Wholly Owned Subsidiary of Lawyers Title Insurance Corporation 4542 Ruffiner Street, Suite 200, San Diego, California 92111 ^telephone (619) 278-4171 3RD AMENDED Pacific Soene 3900 Hamey Street San Diego, California Attention: Jon Werner Your No.: f»r1fihiv1 Tract 92-05 Our No.: 167724-05 Dated as of August 6, 1993 at 7:30 a.m. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, CONTINENTAL LASHERS TITLE COMPANY, A California Corporation hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached cover sheet. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REKUT, (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. The form of Policy of Title Insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy - 1990 [ ] 2. American Land Title Association Owner's Policy (4-6-90) [ ] 3. American Land Title Association Residential Title Insurance Policy [ ] (6-1-87) 4. American Land Title Association Loan Policy (4-6-90) [ ] Title Officer, Ken Cyr, The estate or Interest in the land hereinafter described or referred to by this report is: a Fee Title to said estate or Interest at the date hereof is vested in: SEE ATTACHED EXHIBIT A TOR COMPLETE VESTING The land referred to in this County of San Diego and Is de t is situated in the State of California, ed as follows: County of San Diego,'lot 1 of Oirlsihari Tract NO. 85-30, in the City of State of California, according to Map thereof No. 11826, filed in the Office of the County Recorder of San Diego County, May 29, 1987. EXHffiET A (VESTING) Treetops Unlimited, a joint venture, composed of: Great American Development Company, California corporation, formerly known as Financial Scene Incorporated and Sundance Financial, Inc., a California corporation, formerly known as Pacific Scene Investments, Inc., successor in' interest to Pacific Scene, Inc. CHICAGO fffLi.-") 16969 VON KARMAN, SUITE 200, IRVINE, CA 92714 • (714) 263-0123 • FAX (714) 263-0356 • (800) 845-9266 June 03, 1996 MARY ZVONEK FDIC/WESTERN SERVICE CENTER 4 PARK PLAZA 5TH FLOOR IRVINE, CA 92714 YOUR REFERENCE: OUR NBU FILE NUMBER: C-143377 TITLE POLICY NUMBER: 979049 PROJECT ID: WARMINGTON Dear Mary: Enclosed, please find the following document(s) relating to the above-referenced file. # OF COPIES DOCUMENT DESCRIPTION 2 ' AMENDED PRELIMINARY REPORT Should you have any questions regarding this matter, you may contact me at the address above. Sincerely, DeEt K. Stanley National Coordinator Direct Telephone: (714) 263-0123 Direct FAX: (714) 263-0356 Enclosure(s) CmCACiOf J 'COMPANY Issuing Office: 925 B STREET SAN DIEGO,CA 92101 (619)239-6081 GEORGE BULL CHICAGO TITLE COMPANY 16969 VON KARMAN, SUITE 200 IRVINE, CALIFORNIA 92714 Order No. Reference: Regarding: 000979049 C- 143377 52 WARMINGTON CALIFORNIA FIRST AMENDED Dated as of May 24, 1996 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception 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 in Exhibit A attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Title Officer KEN BROWN PFPG4-11/07/94 AA • . .' ^ SCHEDULE A Order No: 979049 52 YourRef: C-143377 WARMINGTON 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: GREAT AMERICAN DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, AS TO LOT 1 AND TREETOPS UNLIMITED, A JOINT VENTURE, COMPOSED OF: GREAT AMERICAN DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION FORMERLY KNOWN AS FINANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION AND PACIFIC SCENE, INC., A CALIFORNIA CORPORATION, AS TO LOTS 2 AND 3 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOTS 1, 2 AND 3 OF CARLSBAD TRACT 85-30, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11826, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 29, 1987. FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CITY OF CARLSBAD TRACT 97-04 CALAVERA HILLS VILLAGE L-l ORDER NO.: 1166791-15 FEE: $100 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES' THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: HERITAGE-CLIFFS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER COMMUNITY TRUST DEED SERVICES, A CALIFORNIA CORPORATION, AS TRUSTEE OF THE DEED OF TRUST RECORDED JANUARY 2, 1998 AS FILE NO. 1998- 0000204 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IS CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: CITY OF CARLSBAD PER MAP NO. 11826, RECORDED MAY 29, 1987. PACIFIC BELL, A CALIFORNIA CORPORATION, HOLDER OF AN EASEMENT, RECORDED DECEMBER 10, 1987 AS FILE NO. 87-682O38 OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: LOT 1 OF CARLSBAD TRACT 85-30, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11826, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 29, 1987, TOGETHER WITH A PORTION OF EDGEWARE WAY TO BE ABANDONED. DATED: OCTOBER 9, 1998 FIRST AMERICAN TITLE INSURANCE COMPANY GREG SPANIOL -^ITLE OFFICER DIRECT DIAL PHONE 231-4656 FAX NO. 231-4647 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CITY OF CARLSBAD TRACT 97-04 CALAVERA HILLS VILLAGE L-l ORDER NO.: 1166791-15 FEE: $100 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: HERITAGE-CLIFFS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FORMERLY KNOWN AS HERITAGE BUILDERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER COMMUNITY TRUST DEED SERVICES, A CALIFORNIA CORPORATION, AS TRUSTEE OF THE DEED OF TRUST RECORDED JANUARY 2, 1998 AS FILE NO. 1998- 0000204 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IS CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: CITY OF CARLSBAD PER MAP NO. 11826, RECORDED MAY 29, 1987. SAN DIEGO GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT, RECORDED NOVEMBER 10, 1987 AS FILE NO. 87-632098 OF OFFICIAL RECORDS PACIFIC BELL, A CALIFORNIA CORPORATION, HOLDER OF AN EASEMENT, RECORDED DECEMBER 10, 1987 AS FILE NO. 87-682O38 OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: LOT 1 OF CARLSBAD TRACT 85-30, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11826, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 29, 1987, TOGETHER WITH A PORTION OF EDGEWARE WAY TO BE ABANDONED. DATED: OCTOBER 9, 1998 FIRST AMERICAN TITLE INSURANCE COMPANY GREG SPANIOL -NtflTLE OFFICER DIRECT DIAL PHONE 231-4656 FAX NO. 231-4647