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HomeMy WebLinkAboutCUP 94-01A; CARLSBAD SHELL; Conditional Use Permit (CUP)JOB NO. SH769 ,. • t' ------ CITY OF CARL~BAD ! LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 • • 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) D Master Plan D General Plan Amendment D Specific Plan D Local Coastal Plan Amendment D Precise Development Plan D Site Development Plan D Tentative Tract Map D Zone Change D Planned Development Pennit D Conditional Use Pennit D Non-Residential Planned Development D Hillside Development Pennit D Condominium Pennit D Environmental Impact Assessment D Special Use Permit D Variance ·.' D Redevelopment Permit D Planned Industrial Permit ) D :i:eatati,,•e P1ueel M&fJ D Coastal Development Pennit Obtain from Eng. Dept .,. D Administrative Variance D Planning Commission Determination D Administrative Pennit -2nd Dwelling Unit ~ List any other applications not specificed Cup Cf4-I It-Amendment to Conditional Use Permit 2) LOCATION OF PROJECT: ON THE I SOUTH I SIDE OF I CARLSBAD VILLAGE DR. I (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN I 1-5 I AND !PIO PICO DRIVE I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP 775, FILED FEBRUARY 15, 1894 4) ASSESSOR PARCEL NO(S). I 156-180-15, 25, 28, 30 I 5) LOCAL FACILITIES Q] 6) EXISTING GENERAL PLAN ~ 7) PROPOSED GENERAL PLAN jN/A I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING ~ 9) PROPOSED ZONING IN/A j 10) GROSS SITE GJ ACREAGE 11) PROPOSED NUMBER OF ~ 12) PROPOSED NUMBER ~ 13) TYPE OF SUBDIVISION GJ RESIDENTIAL UNITS OF LOTS A (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL I 0 I UNITS 15) PROPOSED INDUSTRIAL I 0 116) PROPOSED COMMERCIAL I 2,470 I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE /)9:<A .:J //J~ ' -/ NOTE: ... ,.,'fg(>pj)!Ji:tfllRtl .. i<:l'.l"''" ....... VOON~·'rttkt'MUt11ltf/AP.P.tlt'···noNSililtMt'Er.fM'.US1nUf~MttlUfffd6if1tfi~··t,j$f\VP.k600~ ~~~~;~'.~~ ~ .-.(~. ,.· .. ~ .. l.: ..... :~00168/90 C.U.P. 94-01 JOB NO. SH769 t --· cm OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 11% 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 3 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC N/A 20) PROJECT NAME: CARLSBAD SHELL 21) BRIEF DESCRIPTION OF PROJECT: REMODEL EXISTING SERVICE STATION; CONVERSION TO CONVENIENCE STORE WITH A SELF-SERVICE IN-BAY CARWASH AND NEW SITE DESIGN. 22) IN TIIE PROCESS OF REVIEWING · I y BE NECESSARY FOR MEMBERS OF cm STAFF, EMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND S APPLICATION. I/WE CONSENT TO ENTRY FOR TI-IIS ~~.L..:~""'F'~of.r.;e.'x'::-'-rr=....~~ ARTHUR E. FRANKS PLANNING COMMISSIONERS, SI ENTER TIIE PROPER1Y S E SU PURPOSE DEARLER/OWNER 23) OWNER NAME (PRINT OR 1YPE) RICHARILZANONI MAILING ADDRESS 511 NORTH BROOKHURST STREET 24) APPLICANT TAIT & ASSOCIATES NAME (PRINT OR 1YPE) MARK A. HAYDEN MAILING ADDRESS 3665 RUFFIN ROAD SUITE #230 cm AND STATE ANAHEIM, CA ZIP TELEPHONE cm AND STATE ZIP TELEPHONE 619) 2 78-1161 FOR CIJY USE ONLY FEE COMPUTATION: APPLICATION TYPE Cv f (/\;.,~JAm 't Po ~ c.R... \).e,~ 1 t ppt ,4; ~o.L '+ F11'>i-u TOTAL FEE REQUIRED DATE FEE PAID C.U.P. 94-01 (714) 520-3486 OWllf!ll.',t'IIEl\l!!!;EHT.~TIVE AND IN,PC>RM.~~IN '"" nvum CX>R.Rl1CI' TO nm ****************************** REC!ETVED FEE REQUIRED 93!', 00 )0 o, 0 0 f'6,0D DATE STAMP APPLICATION RECEIVED 2-z..o J) o RECEIVED BY: 1 t1es .oo I -RECEIPT NO. JOB NO. SH769 • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: SHELL OIL COMPANY CARLSBAD APPLICANT NAME: _T_A_IT_&_A_ss_o_c_IA_T_E_s ________________ _ Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. THE REMODEL OF THE EXISTING SERVICE STATION, 2,470 SQ.FT., TO A CONVENIENCE STORE INCLUDING, A NEW IN-BAY AUTOMATIC CARWASH, AND NEW EXTERIOR FINISHES FOR BUILDING AND CANOPY. THE SITE IS REDESIGNED, INCLUDING THE REMOVAL OF A FULL SERVICE ISLAND, UPGRADED LANDSCAPING AND NEW ORIENTATION OF DRIVEWAYS. AMENDMENT TO CONDITIONAL USE PERMIT #94-01 AS APPROVED FOR THIS PROJECT. fJO\f 1 3 1.,.~-; tt.... _,;J' ._--c,, ~ • ' ' • t.: ' ·. . . ,,' . : _-·. :_::) ...... ..., -... .... ~··-J ~------1-u l!l Rev. 4/91 ProjOetc.frm JOB NO. SH769 • • City of Carlsbad -461e1•11 •f•i•J§.fifi•ssf41il DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUiRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANYfe\:f::~JlN[;~~~~ COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: (:~:~~'i '\.i C. :·: \.·~ · .. ·.·: .. :: .'.·_ .. ~-'.:.~~·~~~ ' 1 . Applicant L 't--~I. -..... ~ --.,,. •• -.: :~., ............ rj u a List the names and addresses of all persons having a financial interest in the application. SHELL OIL COMPANY 511 N. BROOKRURST STREET ANAHEIM, CA 92803 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. SHELL OIL COMPANY ARTHUR E. FRANKS 511 N BROOKHURST STREET 1145 CARLSBAD VILLAGE DRIVE ANAHEIM, CA 92803 CARLSBAD, CA 92803 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identffled 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 92009-4859 • (619) 438-1161 C.U.P. 94-01 JOB NO. SH769 • • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Soares Commissions, Committees and Council within the past twelve months? Yes _ No __!_ If yes, please indicate person(s) ____________________ _ ?er,ort 11 defined u: • Any individual, firm, copartner1nip, joint ver,ture. uaociation, eocial club, fratemal organization. corporation, 11tate. trust. ~r. syndicate, thit and any other county, crty and county, crty municipality, dittnct or other political 1ubdivi11on, or any other group or comb1nat1on acting u a unrt. • ttach additional pages as necessary.) RICHARD ZANONI KA. HA DEN Print or type name of owner Print or type name of applicant j. ~00013 8/90 TAIT & Associates, Inc. Architecture • Engineering • Environmental August 15, 2000 Mike Grim, Sr. Planner City of Carlsbad -Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 • RE: Extension of Time (EQT) for CUP 94-01A Shell Oil 1145 Carlsbad Village Drive Dear Mr. Grim: Attached is the application for an Extension of Time of CUP 94-01 that was granted for the Shell Station at 1145 Carlsbad Village Drive. The following is an explaination of conditions Shell would like to have recorded in the new CUP. o The conditional use permit is granted for a period of 1 O years. o Shell intends to exercise the full intent of the original Conditional Use permit by converting the existing service bays into a Mini Mart per exhibit(s) "A-G" provided in CUP 94-01 o Shell intends to submit to the State of California Department of Alcohol and Beverage Control an application for a Type 20 licence for the off-site sale of beer & wine. Enclosed you will find a check for$ 540.00 for the Extension of Time fee. Should you have any additional questions regarding this matter please fell free to give me a call at (858) 278- 1161. Allen Sipe, Project M ger TAIT & Associates, Inc. cc: Carolyn Gomez, Equilon Enterprises Mike Brewer, Alcohol Beverage Consultants 3665RuffinRoad • Suite230 • SanDiego,California92123 • (619)278-1161 • (619)278-1525fax Other Offices. Santa Ana • Concord • Sacramento • Phoenix • Tucson WWW.TAIT.com • Commonwealth Land Title Company l4SS Frazee Road, Suite 600 San Diego, California 92108 WWJ11 Policies of rim Commonwealth. L;,;J Land Title Insurance Company· Tait & Associates 3665 Ruffin Road Suite 230 San Diego, California 92123 Attn: Susan Tague Your Ref: Job #SH 769 • Our No: 965333-4 Title Officer: Larry Vinti (619) 686-2140 PRELIMINARY REPORT Dated as of February 27, 1994 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, Commonwealth Land 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should. be requested. . I 965333 Page 3 Parcel I: • ·' • EXIIlBIT "I" That portion of the Northwesterly 200 feet of the Northeasterly 50 feet of the Southwesterly 891.98 feet of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, lying Easterly of the Easterly line of Pio Pico Drive as described in course (11), (12) and (13) in Parcel 5 of Relinquishment to City of Carlsbad recorded July 26, 1954 in Book 5312, Page 91 of Official Records, in the Office of said County Recorder. Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded January 6, 1964 as File No. 2073 of Official Records. Parcel 2: The Easterly 50 feet of the following described property: That portion of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775 filed in the Office of the County Recorder of San Diego County, on February 15, 1894 described as follows: Beginning at a point on the Northwesterly boundary line of said Tract 115, which is distant thereon North 55°27' East 941.98 feet from the most Westerly comer of said Tract, which point is the most Northerly comer of that parcel of land conveyed by Elizabeth Schutte to Joseph Charles Rail by deed dated May 27, 1940 and recorded May 29, 1940 in Book 1028, Page 374 of Official Records; thence South 34 °33' East along the Northeasterly boundary line of the parcel so conveyed, 200 feet; thence South 55°27' West 100 feet; thence North 34°33' West 200 feet to a point in the Northwesterly boundary line of said Tract 115; thence North 55°27' East along said Northwesterly boundary line 100 feet to the point of beginning. Excepting therefrom that portion thereof conveyed to the State of California by deed recorded March 12, 1952 in Book 4400, Page 480 of Official Records. also excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded January 6, 1964, as File No. 2073, of Official Records. Also excepting therefrom that portion condemned by the State of California in Parcel 3D in that Final Order recorded April 24, 1970 as File No. 71236, of Official Records. Parcel 3: CL TA Prcl.iminarv Reoort Form (Rev. 11/18/82) 965333 Page 4 • • All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the amended Map of the Town of Carlsbad, Map No. 775 filed in the Office of the Recorder of San Diego County, February 15, 1894, described as follows: Beginning at a point on the Southerly line of Elm Avenue, North 55°27' East, 941.98 feet from the most Westerly comer of said Tract 115; thence North 55 °27' East along Elm Avenue 75 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 75 feet; thence North 34°33' West 200.10 feet to the point of beginning. Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded January 6, 1964 as File No. 2073, of Official Records. Also excepting therefrom that portion condemned by the State of California in Parcel 3E of that Final Order recorded april 24, 1970 as File No. 71236, of Official Records. also excepting therefrom that portion which lies within Parcel Map No. 3598, filed in the Office of the County Recorder. Parcel 4: All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to amended Map of Town of Carlsbad, Map No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, described as follows: Beginning at a point on the Southerly line of Elm Avenue, North 55°27' East 1016.98 feet from the most Westerly comer of said Tract 115; thence North 55°27' East along Elm Avenue 65.00 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 65.00 feet; thence North 34°33' West 200.10 feet to the point of beginning. Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded January 6, 1964 as File No. 2073, of Official Records. Also excepting therefrom that portion condemned by the State of California in Parcel 3F of that Final Order recorded J\pril 24, 1970 as File No. 71236, of Official Records. Also excepting therefrom that portion which lies within Parcel Map 3598. Parcel 5: That portion of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 775, ftled in the Office of the County Recorder of said County, February 15, 1894, described as follows: CfTA Prelimiruuv Renort i::'o,m (Rev. 11/18/82) 965333 Page 5 • • Beginning at a point on the Southerly line of Elm Avenue, North 55°58'03" East 1081.98 feet form the most Westerly comer of said Tract 115; being the most Northerly comer of the land described in Deed to the City of Carlsbad, recorded January 6, 1964 as Document No. 2073 of Official Records; thence along the boundary of said land South 34°01 '57". P.ast = record South 34°38'40" East -2.00 feet and South 55°58'03" West -record South 55°21 '20" West -39.93 feet to the true point of beginning and being the beginning of a non-tangent curve concave Southwesterly having a radius of 37.00 feet, a radial line to said point bears North 15°08'26" West; thence Northeasterly, Southerly and Southwesterly along said curve through a central angle of 103°26'56" a distance of 66.80 feet to a point of compound curvature a radial line to said point bears North 88°18'_30" P.ast; thence Southeasterly along a curve having a radius of 170.00 feet through a central angle of 15°11'30" a distance of 45.07 feet; thence South 13°30'00" West tangent to said curve 151.46 feet; thence North 89°39'07" West 78.54 feet to the P.asterly boundary of said-City of Carlsbad land mentioned above; thence along the bQundary of said land North 12°33'07" West -record North 13°09'50" West -36.07 feet to an angle point therein; thence continuing along said boundary North 09°59'27" West 117.91 feet -record North 10°36'10" West 117.93 feet -to a tangent curve concave P.asterly having a radius of 10 feet; thence Northerly along said curve through an angle of 65°57'30" a distance of 11.51 feet and North 55°58'03" East -record North 55°21 '20" West -115. 74 feet to the true point of beginning. 965333 Page 6 • • SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1993-1994. Total: First Installment: Penalty: Second Installment: Penalty: Homeowners' Exemption: Code: Parcel: $1,224.54 612.27 Delinquent 61.23 612.27 Not Paid 71.23 $none 09000 156-180-26-00 Affects: Parcel 3 and a portion of Parcel 5 B. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1993-1994. Total: First Installment: Penalty: Second Installment: Penalty: $442.34 221.17 Delinquent 22.12 221.17 Not Paid 32.12 Homeowners' Exemption: $none Code: Parcel: Affects: 09000 156-180-15-00 Parcel 1 and a portion of Parcel 5, with other property C. General and special taxes for the fiscal year 1993-1994 have been paid, including personal property taxes, if any. Total: First Installment: Second Installment: $477.44 238.72 238.72 965333 Page 7 • • Homeowners' Exemption: $none Code: . Parcel: Affects: 09000 156-180-28-00 Parcel 4 and a portion of Parcel 5 D. General and special taxes for the fiscal year 1993-1994 have been paid, including personal property taxes, if any. Total: First Installment: Second Installment: $946.62 473.31 473.31 Homeowners' Exemption: $one Code: Parcel: Affects: 09000 156-180-30-00 Parcel 2 and a portion of Parcel 5, with other property E. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Purpose: Recorded: Affects: County of San Diego drain pipe line January 9, 1934 in Book 264, Page 226 of Official Records Southwesterly 10 feet Parcel 3 2. An unrecorded lease, affecting the premises herein stated, executed by and between the parties named herein, for the term and upon the terms, covenants, conditions, and provisions therein contained. Type of Lease: Dated: Lessor: Lessee: Term: Disclosed by: Real Estate February 12, 1963 C.J. Heltibridle, et al Shell Oil Company, a corporation unknown Memorandum of Lease, recorded February 27, 1964 as File No. 36514, of Official Records 965333 Page 8 • • Said lease was modified by an instrument executed by and between As Lessor: C.1. Heltibridle, et al As Lessee: Shell Oil Company, a corporation Recorded: May 7, 1970 as ~ile No. 79029, of Official Records Affects: Parcels 3-, 4 and a portion of Parcels 1 and 2 The interest under said lease is reported elsewhere in this report. 3. An easement for the purpose shown below and rights incidental thereto as set forth in document · Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a corporation public utilities, ingress and egress June 4, 1974 as File No. 74-147449, of Official Records that certain strip of land 5.00 feet in width, lying adjacent to, contiguous with and Southeasterly of the following described line: Commencing at the most Northerly comer of Parcel "A", as shown on Parcel Map no. 1007, ftled September 25, 1972 at File No. 256552 in the Office of the County Recorder of said County of San Diego, said comer bears North 34°00'00" West from the most Easterly comer thereof; thence North 85°50'53" West, 201.93 feet to a point on the Southeasterly line of Elm Avenue, said point being the true point of beginning of the line herein described; thence from said true point of beginning South 55°58'03" West, 9.00 feet. Also: Beginning at said true point of beginning; thence North 55°58'03" East, 2.00 feet. Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document 4. The effect of any failure to comply with the terms, covenants, conditions, and provisions of the lease described or referred to in Schedule A. 5. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease described or referred to in Schedule A. 6. Any defect in or invalidity of, or other matter relating to the leasehold described in Schedule A which would be disclosed by an examination of the unrecorded lease described or referred to in Schedule A. CL TA Preliminarv Reoort r::"n...., fRev. 11118/81.) 965333 Page 9 • • 7. The interest the spouse, if any, of the Vestee herein may have in said land. Affects: C.I. Heltibridle 8. Before issuing its policy of title insurance, this Company will require evidence, satisfactory to the Company, that the vestee corporation named herein: (a) was duly incorporated on the date of acquisition of title hereinafter set forth and (b) is now of good standing in the state where it was fonned: Date of Acquisition: May 7, 1970 9. This Company will require a corporate resolution of the board of directors from the corporation(s) vested herein, authorizing this transaction and the execution of the documents necessary to complete it in accordance with instructions given to the Company. Affects: Shell Oil Company CL TA Preliminarv Reoort Form (Rev 11 I 18/82) 965333 Page 10 • • Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTBS OF 1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. 1HE LAWS REQUIRE TIIAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR WITIIDRA WAL BY nm TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE.AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINF.SS DAY AFrER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFfS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON TIIIS ORDER. IN ORDER TO AVOID DELAYS, All FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFER WILL NOT BE AUTiiORIZED UNTa CONFIRMATION OF nm RESPECTIVE INCOMING WIRE TRANSFER OR AV AILABIIlTY OF DEPOSITED CHECKS. WIRING INFORMATION FOR nns OFFICE IS AS FOUOWS: UNION BANK 530 "B" STREET SAN DIEGO, CA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 4000124120 Note No. 2: 1llIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired _demand, or wait for the amended demand, at the discretion of the escrow. Note No. 3: Requirement that this Company be furnished with a copy of any supplemental tax bills now in existence which are not. reflected on this report. CLTA Preliminary Report Fonn (Rev. 11/18/82) 965333 Page 11 •• • Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Note No. S: If any deed of trust in favor of "Private Parties" is to be omitted from our policy of title insurance, we will require that the original note, deed of trust and properly executed and notarized request for reconveyance be surrendered for review prior to dose of escrow. CLTA Preliminary Reoort Form (Rev. 11/18/82) • EXHIBIT rA, . • • LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys· fees or expenses 11,hich anse by reason of : 1. (al Any law. ordinance or governmental regulation (including but not limited 10 building or zoning laws. ordinances. or regulations) restricting. regulating. prohibiting or relating to (i> the occupancy. use. or enjoyment of the land: (iii the character. dimensions or location of any improvement now or hereafter erected on the land; ( iii1 a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulauons. except 10 the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in 1he public records at Date of Policy. (blAny governmental police power not excluded by (al above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violauon or alleged violation affecting the land has been recorded in the public records at Date of Policy. :!. Rights of eminent domain unless notice of the exercise thereof ha£ been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens. encumbrances. adverse claims or other matters; ( a) whether or not recorded in the public records at. Date of Policy. but created. suffered. assumed or agreed 10 by the insured claimant: (bl not known to the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Compan: by the insured claimant pnor 10 the date qf the insured claimant became an insured under this policy; (cl resulting in no loss or damage to the insured claimant: ( d > attaching or created subsequent to Date of Policy or: . (eJ resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest in~ured by this policy. · 4. Unenforceabtlity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any ~ubsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceabilily of the lien of the insured mortgage. or claim thereof. which arises out of the transacuon evidenced by the insured mortgage land is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim. which anses out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creaung the interest of the insured lender. by reason of the operauon of federal bankruptcy. stale insolvency or similar creditors· nghts laws. EXCEPTIONS FROM COVERAGE (SCHEDULE B • PART I) . This policy does not insure against loss or damage (and the Company will not pay costs. attorneys· fees or expenses> which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agenc)' or b1 the public records. 2. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be as,ened by persons in possession thereof. 3. Easements. liens or encumbrances. or claims thereof. which are not shown by the public records. 4. Discrepancies. conflicts in boundary lines. shortage in area. encroachments. or any other fact_s which a correct survey would disclose. and which are not shown b: the public records. 5. (al Unpatented mining claims: 1bl reservations or exceptions in patents or in Acts au1honzing the issuance thereof: {c) water rights. claims or title 10 water. whether or not the matters excepted under {aJ. (b) or tel are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE 1. (al Any law. ordinance or governmental regulation (including but no1 limi1ed to building or zoning laws. ordinances. or regulations) restricting. regulating. prohibiting or relating 10 (il the occupancy. use. orenJoyment of the land: {ii) the character. dimensions or location of any improvement now or hereafter erected on the land: 1iii1 a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (ivJ environmental protection. or the effei.:t of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ! bl Any governmental police power not excluded by (a) above. except 10 the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records a1 Date of Policy. , Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred pnor 10 Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens. encumbrances. adverse claims or other matters: (al whether or not recorded in the public records al Date of Policy. but created. suffered. assumed or agreed to by the insured claimant: (bl not known 10 the Company. not recorded in the public records at Date of Policy. but known 10 the insured claimant and not disclosed in writing 10 the Company by the insured claimant prior to the date of the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: or (el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transacuon vesting in the Insured the estate or interest insured by this policy. by reason of the operation of federal bankruptcy. stale insolvency. or similar creditors' rights laws. that is based on: (al the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or ( bl the 1ransac1ion creating the estate or interest insured by the policy being deemed a preferenual transfer except where the preferential transfer results from the failure: ( i) to timely record the instrument of transfer: or (ii) of such recordauon 10 impart notice 10 a purchaser for value or a j~dgement or lien creditor. Form 2210-6 (Rev. 8-93) (Conunued on back1 \~ JOB NO. SH769 • • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. 156-180-15, 25, 28, 30 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 10 day of _N_o_v_em_b_e_r _____ , 1994, by and between SHELL OIL COMP ANY (name of developer-owner) a CORPORATION , hereinafter referred to as "Developer" whose address (corporation, partnership, etc.) is 511 N. BROOKHURST STREET, ANAHEIM, CA 92803 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A•, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and Form ApprOY8d By Oty Council July 2, 1991 Aeso # 91-194/KJH C.U.P. 94-01 Form 17A rev3/27/95 (uf> qy,.. lfr JOB NO. SH769 WHEREAS, Dev.r proposed a development project .llows: ADDITION OF AN 738 SQ.FT. AUTOMATIC, SELF-SERVICE CARWASH, REMOVAL OF SERVICE BAYS, AND INSTALLATION OF A CONVENIENCE STORE. on said Property, which development carries the proposed name of SHELL OIL COMP ANY and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 1 o day of November 1 1995 I with the City a request for ______ c_o_ND_I_T_I_O_N_AL_u_s_E_P_E_RM_IT_9_4_-_o_l _AM_E_ND_ME_N_T __ _ ----------~------------------~ hereinafter referred to as "Request•; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without ' financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: Form Approwd By Oty Council July 2, 1Q91 Reso # 91-194/KJH C.U.P. 94-01 Form 17A rw3/27/95 • • 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms •other construction permits", "other construction permit" and "entitlement for use• as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Ferm Approwd By Oty Council July 2, 1 gg 1 Aeso # 91-19"4/KJH C.U.P. 94-01 3 Ferm 17A rw3/27,-S • • 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided - herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Form ApproY9d By City Council July 2, 1991 Aeso # 91-194/KJH C.U.P. 94-01 4 Form 17A 'ff!N3/27/95 • • 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Fam ApprOY8d By Qty Ca.mcil July 2, 1991 Aeso # 91-19'1/KJH C.U.P. 94-01 5 Fam 17A rw3127/95 JOB NO. SH769 • • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: 01L a c:f-r: Co. name of Developer) ~~~~/~~~~~ 'R,CHACD E. Z!+iJOttJ/ . (print name) f<Et4L E'STA-,E KE"A- (title) (signature) (print name) (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk CITY OF CARLSBAD, a municipal corporation of the State of California MARTIN ORENYAK for City Manager (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD A. BALL, City Attorney Assistant City Attorney Form Appro-1 By City Council July 2, 1991 Reso # 91-194/KJH C.U.P. 94-01 6 Form 17A r~3127/95 JOB NO. SH76~ EXHIBIT •A• LEGAL DESCRIPTION • PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP 775 FILED FEBRUARY 15, 1894. Fam ApproY8d By City Council July 2, 1991 AIISo # 91-19,4/KJH C.U.P. 94-01 7 Fam 17A rfN3/27{95 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Nw. g:th, 1qq5 before m~?~ b Wl .~~otary Public, personally appeared 12. I C /J.;;ryc;{ E, . l.?--r1 () nt ~ , [ ] -or [ ] proved to me on the basis of satisfactory evidence to be the person~ whose name(s) is/ai:e- subscribed to the within instrument and acknowledged to me that he/sl,e/they executed the same in his/1,er/their authorized capacity~). and that by hisfRer/their 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. Fam~ By City Council July 2, 11l91 Raso# 91·1~1<.JH C. U. P. 94-01 8 Fam 17A rev3/27/95 f • RECORDING REQUESTED BY AND WHEN AECOAOEO MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad VIiiage Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) ) •• Space above this line for Recorder's use Parcel No. 1 s 6-1 8 0-1 5 , 2 5 , 2 8 , 3 o AGREEMENT BETWEEN DEVELOPER-OWNER ANO THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 .. / THIS AGREEMENT is entered into this 2 8 day of _J._.u_L_Y _______ , 1 ~ byandbetween __ .-:.S-HE_L_Lllll....lo_r-L..._.c_o-M_P~A-N~X~~~~~~~~~~~~~~~-- (name of developer-owner) a CORPORATION , hereinafter referred to as ·Developer" whose address (corporation, partnership, etc.) ~ 511 N. BROOKHURST ANAHEIM, CA 92803 (street) (city, state, zip code) and the CITY OF. CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City9, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit ·A•, attached hereto and made a part of this agreement, hereinafter referred to as ·Property9; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development'project as follows: ADDITION OF AN 738 S.F. AUTOMATIC. SELF-SERVICE CARWASH, REMOVAL OF SERVICE BAYS, AND INSTALLATION OF A CONVENIENCE STORE. on said Property,· which development carries the proposed name of SHELL OIL COMPANY Form Approved By City Council July 2, 1991 Ano # 91-194/KJH C.U.P. No. 94-01 , JOB NO. SH769 1 • •• and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the _2_a __ day of JULY J 19li, with the City a request for CONDITIONAL USE PERMIT ______________________ h,ereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, date~ July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the Mure needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant C.U.P. NO. 94-01 JOB NO. SH769 Form Approved By City Council July 2. 1981 - • 1•. ... , .. -,.,,. ~· • • • to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms •other construction permits•, •other construction permit" and •entitlement for useM as used in this agreement, except in reference to mobilehome sites or projects, shall not refe~ to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or i,:nprovements required according to Trtles 1 a, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Trtles 1 a or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee Is not paid as provided herein, the City will not have th~ funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the c.u.P. NO. 94-01 Form ~proved By Clty Council July 2, 15181 RNo # 91-1 IMIKJH 3~B NO. SH769 3 • • Development shaH be void. No building or other construction permit or entitJement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer ,is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice Is given to Developer by personal delivery thereof _to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective C.U.P. NO. 94-01 Form Approved By City Council JWy 2, 1981 RNO # 91-1 i4/KJH JOB NO. SH769 4 • • successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. FonnAppwed By City Council July 2. 1981 RNo # 91-194/KJH 5 C.U.P NO. 94-01 JOB. NO. SH769 • • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: M.D. SCHLICHTE (print name) DISTRICT MANAGER (title) By ~ (slgnaturej JEFF STEGMAN (print name) ENGINEER (title) ATIEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California MARTIN ORENYAK for City Manager (Notarial acknowtedgement of execution of DEVELOPER-OWNER must be attached.) Form Approv.cf By City ~ncil July 2. ,an ANO # 91-1 ;4/KJH 6 c.u.P. NO. 94-01 JOB NO. SH769 •• EXHIBIT •A• LEGAL DESCRIPTION • -PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP 775 FILED FEBRUARY 15, 1894 Form ~proved By City Councij July 2. 1981 ANO # 91-194/KJH 7 C.U.P. NO. 94-01 JOB NO. SH769 • • OIL PRODUCTS MARKETING -HEAD OFFICE AND SALES DISTRICT MANAGEMENT Certificate of Authority S. J. Paul certifies that he is an Assistant Secretary of Shell Oil Company, a Delaware corporation, and that the following completely_and correctly sets forth the authority of the following, now or hereafter appointed: Retail Marketing Managers District Managers The above, now or hereafter appointed representative of the Oil Products Organization is hereby authorized, in the Company's name and behalf, to execute, deliver, accept, assign, amend, extend, terminate, or release the following instruments and documents in the usual course of the business of the Department in the Head Office or the Field Office (as the case may be): (a) contracts, options and notices exercising options to purchase real property, as well as buildings, improvements and equipment appurtenant thereto; (b) leases and subleases of real or personal property, whether by or to the Company, excluding any such lease that grants an option to purchase real property owned in fee by the Company; (c) notices of, consents to, and releases of assignments of such leases or subleases or of rent thereunder, and agreements with the Assignees relating thereto; and agreements subordinating any such lease or sublease to any mortgage affecting the property described therein; (d) grants of easements or rights-of-way to the Company, and railroad sidetrack agreements; ( e) contracts for sa 1 e of, and bi 11 s of sa 1 e and other instruments transferring title to, bulk plant or service station buildings, improvements, equipment and materials, and automotive equipment; (f) acceptance of pledges or assignments of savings accounts or other collateral as security for indebtedness to the Company· on any accounts; (g) releases of mortgages and security interests in real or personal property, and quitclaim deeds solely for the purpose of-clearing the public records of satisfied or terminated leases of, or unexercised and expired options to purchase, real property; • • (h) bonds to governmental authorities for the Company's performance of its obligation in connection with licenses, permits or other privileges granted by such authorities; (i) offers, bids and contracts for sale and delivery of products sold by the Company, including such offers and bids, to, and contracts with, any governmental authority, {including the State of New York), together with any bonds or guarantees required in connection there- with. {j) contracts with distributors or agents for their sale of products and performance of other services, and contracts for emp 1 oyment of managers to operate service stations for the Company on a commission basis; and (k) construction, maintenance or paint contracts relating to service stations, bulk plants, warehouses and other buildings and improvements. (1) contracts (including purchase orders) for purchase of products and conunodities dealt in or handled by the Company, or for materials, equipment (including automotive equipment) and supplies necessary or convenient for the transaction of its business; (m) leases and subleases of real and personal property by the Company to service station dealers, provided that any such lease or sublease shall not include an option to purchase real property owned in fee by the Company, and contracts with such.dealers for the company's sale of petroleum products to them. {n) Mutual Termination Notices associated with contracts for sale and delivery of products sold by the Company. {o) alcoholic beverage permits and/or licenses where applicable state law permits. It is further certified that M. D. Schlichte is the District Manager, Southern California Retail District, in the Oil Products Organization of the Com- pany. IN WITNESS WHEREOF., this certificate is signed and sealed with the Company's corpor~te seal on January 28, 1993. • UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HARRIS • § BEFORE ME, on this day personally came S. J. Paul, to me known, who being duly sworn, said that he is an Assistant Secretary of Shell Oil Company, a corporation formed under the laws of the State of Delaware, United States of America, and that he knows the seal of the aforementioned corporation, and he says that he has executed the aforementioned document as the act and deed of the aforementioned corporation, for the purposes recited therein and in the capacity recited therein. · 1993. WITNESS my signature and official seal on this the 28th day of January, Rebecca Rodriguez My Commission expires on . , . • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ~&lf'&A County of /Ml9,VS£ On Atl&u~~./ll~ before me, ~G.~ #J,,ta~y~Jti OAT? NAME. TITLE OF OFFlC • E.G .. "JANE ~ NOTARY PUBLIC~ personally appeared ,dl. l'>. ScAliM~ dJGtf/ ~ S'J&ll,mtf w NAME(Sl OF SIGNER(S) ~ersonally known to me -OR -· 0 proved to me on the basis of satisfactory evidence ( to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/h9-r/their signature(s) on the instrument the person(s), or the entity upon behalf of which . t~e person(s) acted, executed the instrument. 1 • a o a a a ~~~ a a 'f .... ~ .... I I NDtaty NIID-c a • J Clk.CCU.. ~ M,Comm •... '°'"· -:.;soocooooucc ----------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL D CORPORATE OFFICER D PARTNER($) TITLE($) 0 LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE($) D GUARDIAN/CONSERVATOR D OTHER: ~~~~~~~~~~~ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES}- DESCRIPTION OF ATIACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 . • SHELL OIL COMPANY Certificate of Authority • S. J. Paul certifies that he is an Assistant Secretary of Shell Oil Company, a Delaware corporation, and further certifies that the District Manager -Retail is authorized, in the Company's name and on its behalf, to execute, deliver, accept, assign, amend, extend, terminate, or release instruments or documents in the usual course of business of the Head Office Department or the Field Office, as the case may be, as required in fulfilling the duties of their assignment. These authorities include, but are not limited to, purchase or sale of real or personal property; leases and subleases of real or personal property; grants of easements; rights-of-way; contracts transferring title to real property, equipment, or materi a 1 s; bonds to governmental authorities; a le oho 1 i c beverage permits or 1 icenses; contracts for the sale and delivery of products and services sold by the Company; contracts for the purchase of products or services utilized by the Company; agreements providing indemnification against, or settlement of, damages resulting from soil or groundwater contamination due to service station operations; and agreements pro vi ding access to others' properties for the purpose of performing environmental testing, remediation, or mitigation of soil or groundwater contamination. It is further certified that David N. Burrow is the District Manager, San Diego Retail District. IN WITNESS WHEREOF, this certificate is signed and sealed with the Company's corporate seal on June 7, 1995. ~- PRODS 3 (03/29/93) COA-- • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: l ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) I' )~.\ OFFICIAL RECORDS l.153 SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 8.00 FEES: 16.00 AF: 7.00 MF: 1. 00 Space above this line for Recorder's use Assessor's Parcel Number 156-180-15, 26, 28 and 30 Project Number and Name CUP 94-01 (A) -Shell Oil ~~~~~~-'--.;...._~~~- NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: A portion of Tract 115 of Town of Carlsbad, according to Map 775, filed February 15, 1894, in the City of Carlsbad, County of San Diego, State of California. is restricted by a Conditional Use Permit No(s). CUP 94-01 (A) issued by the City of Carlsbad on February 7, 1996. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 • • MICHAEL J. HZMILR, Planning Director Signat · 1D/3Jc,1p 1 1 Date l),tw 19 Y.J v f--(r..-0 vJ -Ch~tY).,t l>f MA tJ.J.([N-'y\..., ATTEST: ALETHA L. R.A.UTENKRANZ, City Clerk TI c H Aa -i2 E. 2/WoQ i APPROVED AS TO FORM: RONALD R. BALL1 City Attorney Print name and title ~ SQ, l<E4L esr4--rr r<-ep. 9-C-96 By: Date Dep (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Rev. 06/04/96 ~. ~~LIFORNIA ALL-PURPO. ACKNOWLEDGMENT • State of County of SQYJ D\e~D On ~¢:e\t'r1p.l~te ~ I ) q ~ (e b~fore me, __ J)T-'--:7~/,~amb_e a-~~f-,u~-o~-Off-ic-erK_(e.-g.,-.. :a-ne-~-oed._, Y'-ota-~-Pu""'."'.b~-ic") __ _ personally appeared J\ \ C. "1 ~ Y-c\ E:. ?t1Y\ OVI t Name(s) of Signer(s) D personally known to me -OR -u.rt5'roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the t·····~:~·, ... • Corrmlsslon # 1100479 I Notay Publlc -Colffomla I Son Diego County -f My Comm. F}:r.:·c,, Jun 9, 2Cll) l •••••••••••• same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:------------------------------ Document Date:---------------------Number of Pages: _____ _ Signer(s) Other Than Named Above:------------------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ 0 Partner -D Limited O General D Attorney-in-Fact D Trustee D Guardian or Conservator [_J Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ D Partner -[..l Limited D General D Attorney-in-Fact 0 Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here •I ,J >) ,) ,J •l J >) © 1995 National Notary Association• 8236 Remmel Ave. PO Box 7184 • Canoga Park, CA 91309-7184 Pwd No 5907 Reorder· Call Toll-Free 1-800-876-6827 ~;LIFORNIA ALL-PURPotl ACKNOWLEDGMENT • State of County of On ~ n:tf \'.YI be C JL\-I l q q (p before me, __ J)~e,_\o_o_'(";_tt.._h----'--~---\-\_a__Vl_6_o_n ___ _ ~ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appea~d ---~--~_v_:_~---~--~-~-~_o_~_-______________ _ Name(s) of Signer(s) D personally known to me -OR -!Jproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S)1,U~ .. [~- OPTIONAL~~~~~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:----------------------------- DocumentDate: _____________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above:----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): D Partner -D Limited D Attorney-in-Fact D General D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer Title(s): ____________ _ [J Partner -D Limited D General D Attorney-in-Fact [J Trustee LJ Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here >j ,J © 1995 Natrona! Notary Assoc1atron • 8236 r,emmet Ave., P.0 Box 7184 • Canoga Park, CA 91309-7184 Prod No. 5907 Reorder· Call Toll-Free 1-800-876-6827 • CITY OF CARLSBAD • GROWTH MANAGEMENT PROGRAM LOCAL FACILmES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: __ S=h=el __ l =O=il_-"'""'C=U-=-P--9;....:.4-=-0=1----------------- LOCAL FACILITY MANAGEMENT ZONE: _1_ GENERAL PLAN: TR --------------------------- ZONING: _C--~1 ______________________________________________________ ~ DEVELOPER'SNAME:-S=h=el __ l=O=il~C=o=m=p=an=y ____________________________________ __ ADDRESS: 511 N. Brookhurst Street, Anaheim, CA 92803 PHONE NO: 1-800-447-4355, Extension 1040 ASSESSOR'S PARCEL NO: 156-180-15, 26, 28, 30 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): __ 3...._.2 __ 0 ....... 8 __ s .... gu=ar ..... e'-'fi=ee __ t __________ _ ESTIMATED COMPLETION DA TE: ------------------------------------- B. Demand in Square Footage = NlA C. Wastewater Treatment Capacity (Calculate with J. Sewer) NlA D. Park: Demand in Acreage = NlA E. Drainage: Demand in CFS = NlA Identify Drainage Basin = NLA (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 1.240 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = #1 H. Open Space: Acreage Provided -NLA I. Schools: NLA (Demands to be determined by staff) J. Sewer: Demand in EDUs -3 Identify Sub Basin -NlA (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD -660 1W:lh CUP9401.LFI .::. TAIT & ASSOCIATES P .o. Box 4425 :-:·· ANAHEIM, cA. .9 2:a o J ATl'N: MARK HADEN · ( 7°14 ). 870-12.?3 ' ... , ... ' . , ... ,,, " •• iJOV 1 3 c: .. ·. · .. ·• . .. -,, -. ""'I . -,.J ,~s :_~ 5 ~: APT 1 1-i....,._--t; :_ OFFICE i ----- GS• GAS STATION rm = C-1 ZONING MAP ' DATE: 8-24-87 SCALE: l" = 500' ASSESSORS PARCEL NO. 156-180-15, 26, 28 & 30 / \ \