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HomeMy WebLinkAboutEIR 83-02; HPI DEVELOPMENT; Environmental Impact Report (EIR)CASE NO.: EIR 83-2 SEE: GPA-65(A) ZC-267 APPLICANT: H.P • I. 6EVELOPMENT CO. DATE RECEIVED: September 21, 1982 REQUEST: Proposes preannexational zone change to Area 1 C-2, Area 2 P-C,rea 3 C-2 Rancho La Costa II'lva'f Posted: Compliance: Published:________ 4 Filed: Filed: NEGATIVE DECLARATION: Posted: Published: Notice of Determination: IMPACT REPORT:____________________ Notice of Notice of Notice of Preparation:3 q&* Canpietion:7./ 3 3 Determination: 1. Date of Hearing: .. 2. Publication:_________________________ 3. Notice to Property Owners: 4. Resolution No. Q) (Continued to:__________________________ 5. Appeal: CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill: 4. Resolution No. 5. Ordinance No.'. CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: Date:- 0-1 14.. s5 ACTION:__________ )Ea2 - Cercec1 c2) - reccrmvywndaJw pcoJec çe Q( Date: _ 7fr3 ACTION: Date: • ATTACHMENT I ASSESSOR'S PARCEL NUMBERS RANCHO LA COSTA AREAS I, II & III ZONING AREA I 215-020-13 215-021-04 AREA II • 215-040-02 • 215-070-05 • 215-040-15 • 216-111-01 216-111-02 216-110-02 • • 216-110-18 • 216-110-19 216-121-12 • 2I6-122-01 • 216-122-23 216-090-08 • 216-150-06 216-150-07 • • •. • 214-170-51 216-122-13 216-122-24 • • 255-011-01 • 255-011-04 255-011-05 • • 255-021-01 • 255-021-02 • AREA III • 255-024-01 • 257-040-15 •'- ••- -. •---••'••- ••- ••---••-- TTTT - 'I I UNIO'.. I I) 11111 UNION LAND TITLE COMPANY Union Land Title Company 2341 5th Avenue .San Diego, California Attention: Christie PRELIMINARY REPORT SARKARIA Your No. Our No. 11412-02 Date May 16, 1983 The following is a report of title, as of May 13, 1983 at 8:00 A.M. as to: SEE ATTACHED LEGAL DESCRIPTION This report is issued as an accommodation, and is made without liability and without obligation to issue a Policy of Title Insurance. P TER R. DEPTA, Title Officer Vestee: DALJIT SARKARIA M.D. AND ELAINE SARKARIA, husband and wife as joint tenants Subject to: The standard exceptions shown in our regular title policies; and 1982-83 Tax Information Code Area 09000 Parcel No. 206-200-03 Total Amount $745.32 1st Installment $372.66 Paid 2nd Installment $372.66 Paid Land Value $65,269.00 D2 SUB-4 2341 5th AVENUE/SAN DIEGO, CALIFORNIA 92101 TELEPHONE (619) 233-1400 LEGAL DESCRIPTION ORDER 140. 11412-02 PARCEL 1: The Easterly 75 feet of Lot 6 in Block "D" of BELLA VISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.. 2152; filed March 7, 1929, In the Office of County Recorder of San Diego County, the Westerly line of said property being parallel with the Easterly line of said Lot 6, said 75 feet being measured at right angles from the Easterly line of said Lot. PARCEL : The Westerly 75 feet of the Easterly 150 feet of Lot 6 in Block RD" of BELLA VISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed March 7, 1929, in the Office of County Recorder of San Diego County, the side lines of said property being parallel with the Easterly line of said Lot 6, said Easterly 150 feet being measured at right angles from the Easterly line of said Lot 6 and said 75 feet being measured at right angles from the Westerly line of said Easterly 150 feet. PARCEL 3: The Westerly 75 feet of the Easterly 225 feet of Lot 6 in Block "D" of BELLA VISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed March 7, 1929 in the Office of the County Recorder Of San Diego, County, the side lines of said property being parallel with the Easterly line of said Lot 6, said Easterly 225 feet being measured at right angles from the Easterly line of said Lot 6 and said 75 feet being measured at right angles from the Westerly line of said Easterly 225 feet. . PRELIMINARY REPORT Order No. 11412-02 Page 1 1. Any taxes, bonds or assessments, report to follow. 2. An easement for anchor and incidental purposes as granted to SAN DIEGO GAS & ELECTRIC COMPANY in deed recorded December 13, 1950 as File No. 145110 of Official Records. The location of said easement is described as follows: Affects Parcel 1. Reference is made to said instrument for further particulars. 3. An easement for a sewer pipeline and incidental purposes as granted to CITY OF CARLSBAD in deed recorded March 5, 1964 as File No. 41722 of Offi- cial Records. The location of said easement is described as follows: Affects Parcel 1. Reference is made to said instrument for further particulars. 4. An easement for a sewer pipeline and incidental purposes as granted to CITY OF CARLSBAD in deed recorded March 5, 1964 as File No. 41721 of Offi- cial Records. The location of said easement is described as follows: Affects Parcel 2. Reference is made to said instrument for further particulars. 5. An easement for a sewer pipeline and incidental purposes as granted to THE CITY OF CARLSBAD in deed recorded March 5, 1964 as File No. 41720 of Official Records. The location of said easement is described as follows: Affects Parcel 3. Reference is made to said instrument for further particulars. 6. A Deed of Trust to secure an indebtedness of $50,333.00, recorded August 17, 1977 as File No. 77-335529 of Official Records. DATED: August 4, 1977 TRUSTOR: DALJIT SARKARIA, M.D., AND ELAINE SARKARIA, husband and wife TRUSTEE: BURROW ESCROW CO., a California Corporation BENEFICIARY: MARGUERITE C. L011, as Trustee under Declar- ation of Trust dated June 16, 1976 Affects Parcel 2. • . .. ..'.. ... PRELIMINARY REPORT Order No. 11412-02 Page 2 7. A Deed of Trust to secure an indebtedness of $47,333.00, recorded October 3, 1977 as File No. 77-404629 of Official Records. DATED: August 29, 1977 TRUSTOR: DALJIT SARKARIA M.D., AND ELAINE SARKARIA, husband and wife TRUSTEE: BURROW ESCROW CO., a California Corporation BENEFICIARY: FLORENCE M. OWEN, a widow Affects Parcel 3. 8. A Deed of Trust to secure an indebtedness of $50,333.00, recorded August 17, 1977 as File No. 77-335527 of Official Records. DATED: August 4, 1977 TRUSTOR: DALJIT SARKARIA, M.D. AND ELAINE SARKARIA, husband and wife TRUSTEE: BURROW ESCROW CO., a California Corporation BENEFICIARY: HUGH STEWART AND ZELLA STEWART, husband and wife, as joint tenants Affects Parcel 1. I '\ a... . •.aa en - 204-20 13) 34 1. 10d Iry 20r, 1 S S 75 75 1.95 AC. 40 POR 0 121 6 N 20 1.02 AC. 1.12 AC. I I 3.39 AC so I I iz ©14 z.- '(III z i4-.- . . . . . cow 5 LOT 1 AGUA Dl0WO U Ill I j_ 1111$ plat 6 luillislEd for roformabon only. It IS compiled from dab which we believe to be correct but no liability is assumed by this company as to accuracy of such data. UNION LAND TITLE CO. 2341 51h Avenue San Diego, Calif. 92103 V.-05 , . r. 1 00 0II UNION LAND TITLE COMPANY PRELIMINARY REPORT Your No. TOML INS ON Our No. 1141002 Date May 16, 1983 .Union Land Title Company 2341 5th Avenue San Diego, California Attention: Christie The following is a report of title, as of _________________ May 13, 1983 SEE ATTACHED LEGAL DESCRIPTION at 8:00 A.M. as to: This report is issued as an accommodation, and is made without liability and without obligation to issue a Policy of Title Insurance. Officer ?FTEER R.~'DE4PTA," Vestee: FRANK N. TOMLINSON AND CARMA J. TOMLINSON, husband and wife as joint tenants Subject to: The standard exceptions shown in our regular title policies; and 1982-83 Tax Inf ) rmati on Code Area 09000 Parcel No. 206-200-01 Total Amount $2,813.80 1st Installment $1,406.90 Paid 2nd Installment $1,406.90 Paid Land Value $249,900.00 SUB-4 0-2 2341 8th AVENUE/SAN DIEGO, CALIFORNIA 92101 TELEPHONE (619) 233-1400 LEGAL DESCRIPTION ORDER NO. 11410-02 The Southeasterly 127.0 feet measured at right angles of Lot 5 and that portion of Lot 6, in Block 0 of BELLA VISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, lying West- erly of a line drawn parallel with and distant 300 feet Westerly measured at right angles from the Easterly line of said Lot 6. PRELIMINARY REPORT Order No. 11410-02 Page 1 1. Any taxes, bonds or assessments, report to follow. 2. The recital contained on the Map of said land which agrees to allow the crossarms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 3. The recital contained on the Map of said land relinquishing jurisdiction control over all pipes, poles or other structures or work, trees and any- thing of whatever nature that may be upon, across or over the highways offered for dedication. 4. An easement for a sewer pipeline and all necessary and proper underground fixtures for use in connection therewith and incidental purposes as grant- ed to CITY OF CARLSBAD in deed recorded March 5, 1964 as File No. 41718 of Official Records. Reference is made to said instrument for further particulars. 5. A Deed of Trust to secure an indebtedness of $231,000.00, recorded Decem- ber 18, 1980 as File No. 80-425149 of Official Records. DATED: December 2, 1980 TRUSTOR: FRANK N. TOMLINSON AND CARMA J. TOMLINSON, husband and wife TRUSTEE: NATIONAL AMERICAN TITLE INSURANCE COMPANY, a California Corporation BENEFICIARY: CHARLES W. MARTIN AND JOYCE K. MARTIN, hus- band and wife, as joint tenants The beneficial interest under said Deed of Trust was assigned to SOUTH- WEST BANK, a California Banking Corporation by assignment recorded Febru- ary 28, 1983 as File No. 83-062055 of Official Records. ( a a \P34 13 • ...p5 •,,, l.95. I.06AC PM 0 / 6 1.02 AC. s l.I2AC. - 336AC. 2o.-2o 1. 106 ~ 15 ,1 YL 20 7L Ji 211 O& 1.01 1 AGUA I0I0ND. This put is furnished for information only. it is compiled' from data which we believe to be correct but no liability is 14 01 asswuedby this company asb accuracy of such data. - UNION LAND TITLE CO. 2341 51h Avenue San Diego, Calif. 92103 - - - 10000 c705 I 100- S UPJ0\ lilt I UNION LAND TITLE COMPANY • Union Land Title Company PRELIMINARY REPORT MCNARY Your No. ____________ 2341 5th Avenue Our No. __ 11411-02 San Diego, California Date May 16, 1983 Attention: The following is a report of title, as of May 12, 1983 at 8:00 A.M. as to: Westerly 75 feet of the Easterly 300 feet of Lot 6, Block "D" of BELLAVISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, measured at right angles, to the Easterly line of Lot 1. This report is issued as an accommodation, and is made without liability and without obligation to issue a Policy of Title Insurance. A - 1) ER R. DEPTA, -TitletPlitt Vestee: CHIP CHASIN AND NORMA CHASIN, huband and wife as joint tenants as to an undivided 1/2 interest and GREGG HARRINGTON, a single man, as to an undivided 1/2 interest Subject to: The standard exceptions shown in our regular title policies; and 02 102 2341 5th AVENUE/SAN DIEGO, CALIFORNIA 92101 TELEPHONE (619) 233-1400 S PRELIMINARY REPORT Order No. 1I111-02 Page 1 1. Any taxes, bonds or assessments, report to follow. 2. An easement for telephone and/or electric poles and lines, and for sewer, water and/or gas mains and pipe lines and incidental purposes as granted to WM. G. KERCKHOFF COMPANY, a corporation in deed recorded in Book 1619, Page 29 of Official Records. 3. A Deed of Trust to secure an indebtedness of $72,000.00, recorded August 28, 1979 as File No. 79-360015 of Official Records and re-recorded on April 9, 1980 as File No. 80-121404 of Official Records. DATED: June 15, 1979 TRUSTOR: JACLYN S. MC NARY, an unmarried woman TRUSTEE: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association BENEFICIARY: PAUL ECKE, JR., a married man, as his sole and separate property, as to an undivided one-half interest, and ELIZABETH M. VON HER- ZEN, a widow as to an undivided one-half interest The beneficial interest under said Deed of Trust was assigned to PAUL ECKE, JR., a married man as his sole and separate property, by assignment recorded August 28, 1979 as File No. 79-360016 of Official Records. 4. A Deed of Trust to secure an indebtedness of $81,000.00, recorded March 31, 1983 as File No. 83-102568 of Official Records. DATED: March 14, 1983 TRUSTOR: CHIP CHASIN AND NORMA CHASIN, husband and wife TRUSTEE: CAL-WEST MORTGAGE CO., a California corporation BENEFICIARY: PAUL ECKE, JR., a married man, as his sole and separate property, as to an undivided 1/2 interest; ELIZABETH M. VON HERZEN ROUGH, a widow, as to an undivided 1/2 interest Said Deed of Trust has been rerecorded May 12, 1983 as File No. 83-156532 of Official Records, to correct the name of the beneficiary. Sn . S n.e.. S •.S ass ens \P34 \ 13\V, \p• XC, 'o X-Y :4) 9 /'•4 ••A.% L95. , ' p Poot 20S-20 I' 10d [I] ne r 339AC. Adkk - - - This plat is fumlslwd for information only. It is compiled - - - • - - from data which we believe to be correct but no liability Is assumed by this company as to accuracy of such data. UNION LAND TITLE CO. 2341 5th Avenue San Diego, Calif. 92103 21 120 ILL 14 c03 ___ 66 40, IS ISSUED POLICY IF IT IS OF A BE 'a S S TICOR TITLE INSURANCE COMPANY 220 "A' STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619-239-6081 JUNE 10, 1983 TICOR TITLE INSURANCE ATTN: LARI TUCKER 700 WILSHIRE BLVD. LOS ANGELES, CA 90017 YOUR REFERENCE: 8143120 OUR ORDER NO. 1110458 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY 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 FORM. NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPORT IS A RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL LOT IMPROVED WITH A STRUCTURE CONTAINING ONE TO FOUR SINGLE FAMILY RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT WILL BE THE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL POLICY - 1979 FORM. THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETO- SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD REQUESTED. DATED AT 7:30 A.M. AS OF JUNE 7, 1983 TITLE OFFICER: BECKY DAILEY SIGNED: 1110458 PAGE S S THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROBERT LAUGHERY WHITNEY AND NINA M. WHITNEY, HUSBAND AND WIFE, AS TENANTS IN COMMON AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR : 1983-84 A LIEN NOT YET PAYABLE. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED : SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084 AFFECTS ; AS FOLLOWS; THE WESTERLY 20 FEET OF SAID SOUTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST AND ALSO INCLUDING THE WESTERLY 20 FEET OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT: 1982-83 62017 215-050-14 $57,475.00 $322.36, PAID $322.36, PAID 1110458 PAGE 2 4. . S THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1890. 1110458 PAGE 3 V A NJ) T 10 wiii'i ucnnhE MAI! C]TV OF AR1,.11A7) ) 120fl Elm Ave nil e ) Carlsbad, California 92008 ) Space above this line for R ecorder's use Documentary transfer tax: S No fee N/L,J Signature of declarant detcrminirt tax-firm name City of Carlsbad Parcel No. See Attachment I - AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE -_ PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this. 7th day of Septeirer , 1983 by and between N. B. HUNT and W. H. HUNT (name of developer-owner) XW Individuals 0 , hereinafter referred to as - (Corporation, partnership, etc. "Developer" whose address is do Hunt Proies, Inc 1900 Thanksgivfnr, (Street) 1601 Elm Street, Dallas, Texas 75201 and TIE CITY OF Xity, state, zip code) CARLSBAD, a municipal corporatiqn of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avnue, Carlsbad, California, 92008.- - - W I T N K 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 WHEREAS, Developer proposes i devtltpment project as fol1tvs: A General Plan Amendment,_ pre-annexational zoning aninzterp1 an f or a pl ann1 - corrmnity with residential, recreational and coirrnercial development on REV 14-2-82 ~fllf F3 it r '5:11(1 The Pacific P4ccl iL._______ and is hereafter rcfered to as "Dcve10 p rent'; and WHEREAS, Developer filed on the 21st day of September 19 82 , with the C ty a r e q ii us t for Annexation, General Plan Amendment, Pre-Zoning and proposes to request approval for a master plan for a planned community and tentative and final subdivision maps E/ 7 hereinafter referred to as "Request " ;.and WHEREAS, the Public Facilities Element of the City flencrl Plan requires that the City Council find that all public facilities necessary to serve a development will be availahleconcurrent with = need or such development shall not he approved (said element is on file with the City Clerk and is incorporated by this referencA; and WHEREAS, Developer and City recognize the correctnss of Council Policy No. 17, dated April 2, 1982, in file with the City Cle:k and incorporated by this reference, and thai the City's public f:ilities and services are at capacity and will not be available to acc.ninodate 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 thlc to make any s.h 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. -2- REV 4-2---82 ••"•"• 111E R E I. ORI, , i fl rn s i. z • u I covenants contained SeiLl,.-,the artins.agrPe •follows: 1. The Developer shall pay to the City a public faciliti.cs fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be pain prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that tine. 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 o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversio'n. The fee fora condominilun 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 mohilehor,ie sites or projects, shall not refer to grading permits or other permits for the construction of underground or street i;provements unless no other permit is necessary prior to the use or Occupancy for which the - development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilohomei space to he 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 improvcmetts..required according to Titles 18, 20 or 21 of the Carlsbad Municipal Codo. —3— REV 14232 2 . Th e D eve lop k y u I t e r to don a I v a s i I or s i I e I or facilities in lieu of all or part of Ilie financ.i.. ob1igntion agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the, fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under. this paragraph-shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Developfnen:t with the City's General Plan. If the fee i§ not paid as provided herein, the City will not have the funds to provide public facilities and servies, and the development will not be consistent with the General Plan and any approval or permit for the Development shall he void. No b.uilding or other construction permit r entitlement for use shall be issued until the public facilities fee equived 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 rkasonal,le 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 tlic: Development herein described. p I- . .. 0 6. ' All oh- I i. g at i on he r t n nil r r ii 1 I I t..' in i t : * j h v• n t i h ./'equests made by DCVU•er t&iiot approved. 7. Any notice from one party to the. other shall he in writing, and shall he 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 depositingsame 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, p-ostage prepaid and certified. 7.2 If notice is given to Devclojer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated; postag(! prepaid and certified. 8. This agreement shall he binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assins of Developer and the City, and references to Developer or City herein shall be deemed to be 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 of 1)lv('1i)pir's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shalt not create a lien or security interest in the Property. When (-lie obligations of this agreement have been satisfied, City shall record a release. —5 --. REV 4-2-82 IN WITSS: WIIEREOthiS agreement i (tXeCUt in San Diego County, California as-of the date first written above. DEVELOPER-OWNER: CITY OF CAPLSBAD, a municipal corporation of the State of California N. B. HUNT and W. H. (name) N. BY ,'/ W. H. Hunt Title City. Manage r - ATTET.: : '-. sg ,1 LITJIA I.. R/tEKRZ, City CIa APPROVED AS TO FORM: (No taria]. acknowledgement of execution by 1)EVE1101 1 ER-OWNER rnu;t be attached.) - —6— REV 6-2-82 -----.--... . S STATE OF ITt.(Y X COUNTY OF FAYETFE X This instrument was acknowledged before me on 1983 by N. B. HUNT. l - NotaI1{1b11c tq My commission e4s: --- ON P SEPIL3( 17. 1* , " STATE OF TEXAS X COUNTY OF DALLAS X This instrument was acknowledged before me on 1983 by W. H. HUNT. Notary Mblic /L My commission expires:/ 7arjorje Jchna, Nothry PuhH Ste of Texas 1y Commissj0 expires :1 JOB NO 4dn.0 - ngineeriflg company, - viI engineering 8. surveying _J 455 N. Hal. Av.ou.. EconcI.da. California 92025 T.l.ph . (714) 741•921 I LEGAL. DESCRIPTION FOR: By tSHEET 575 PUBLIC FACILITIES AGREEMENT P1 9F. 7-27-83 1 1 of 6 PA.RCZL 1: Lot 3; Lot 4; the Southwest Quarter of the Northwest Quarter; the Northwest Quarter of the Southwest Quarter; and, the Southeast Quarter of the Northwest Quarter; in Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Goverrmtent Survey approved, April 19, 1881. EXCEPTING THEREFROM that portion thereof conveyed by Magdalena Belier to Frederick Prindle by deed dated March 13, 185, recorded in Book 237, rage 335 of Deeds, described as follows: CO}NENCING at the Quarter Section corner of said Section 2 on the Township line and. running West on said line 270.00 feet to a stake; thence South 06°45'00" East, 725.00 feet to a stake; thence South 66 °15'00" West, 284.50 feet to a stake; thence South 20°1.5'00" East, 142.00 feet to a stake; thence South 32 °15'00" East, 986.00 feet, 'more or less, to a stake intersecting the North and South Quarter Section line of said Section 2; thence North on said Quarter Section line 1795.00 feet, more or less, to the place of- beg44'g. ALSO EXCEPTINGTEE=OM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1 recorded November 28, 1969, Recorder's File No. 217326 of Official Records. ALSO EXCEPTING that portion of said Lot 3 lying Easterly of the Easterly line of said Road Survey No. 1800-1. PARCEL 2: That portion of Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, according to United States Governmen Survey approved April 19, 1881, and of Lot 1 of Rancho Los Encinitas, accordin 6 to Map thereof No. 848 filed in the Office of the County Recorder of San Diego County, June 27, 1888, in the County of San Diego,-State of California, described as a whole as follows: CO2TCTRC at the Quarter Section corner of said Section 2 on the Township line and running West on said Line, 270.00 feet t a stake; thence South 06°45 1 00" East, 725.00 feet. to a stake; thence South 66 °13'00" West, 284.50 feet to a stake; thence South- 20°15'OO" East, 142.00 feet to a stake; thence South 32°1.5'00" - East, 1.58.00 feet to the TRUE POINT OF BECINN1;IG; thence North 66°29 1 20" East, 91.00 feet to the Westerly line of Road Survey No. 682-60.00 feet wide- keown as El Camino Real; thence in a Southerly direction along the Westerly line of said Road Survey No. 682, to an intersection with the Southerly line of Lot 6 of said Section 2; thence Westerly along said Southerly line ,to the Southwest corner of said Lot 6; thehce Northerly along the Westerly line of said Lot to an intersection with a line bearing. South 32°15'00" East from the True Point of Beg±nnirg; thence North 32°15'00" West to the TRUE POINT OF BEGINNING. CTING that portion Lying within Road Survey No. 1800-1, described in INITIAL deed to County of San Diego, recorded February 16, 1970, Recorder's File No. 27777. TITLE CO. REFERENCE COMPANY ORDER NO. DATE DESCRIPTIONI REVISIONS lay I DATE Exhibit A M0415 ngifleerIflg compan 5 N. Hal. Avunu.. Eondida. Clifarna 92025 T.l.p e:(714)741-2l il engineering & surveying BY O9 NO. LEGAL DESCRIPTION FOR' I F.W.F. JDATE 1SHEET 575 1 PUBLIC FACILITIES AGREEMENT I CH 17-27-83 I 2 of 6 PARCEL 3: That portion of the South half of Section 2, Township 13 South, Range 4 West, -San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, deácr4.bed as follows: BECI2NINC at the concrete monument designating the center of said Section 2; thence along the Northerly line of said South Half South 88039t20u1 West, 1239.25 feet to the Northwest corner of the Northeast Quarter of the Southwest Quarter of said Section; thence along the Westerly line thereof South 0420'10" East, 914.20 feet; thence parallel with said Northerly line North &8'39 1 20" East to the Weste.lry line of the land described in Parcel 78O-B in deed to the County of San Diego recorded November 28, 1969, Recorder's File No. 21732& of Official. Records, being a point in the center line of Road Survey No. 682; thente in a Northerly direction along said Westerly line to and along the Westerly line of the land described in Parcel. 67080-A of said Deed, to the Northerly line of said South Half of Section 2; thence along said Northerly line South 8839'20" West. to the Point of Beg-inn-;-mg. PARCEL 4: That portion of Lot -8 in Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, lying Westerly of the .Westerly line of the Rancho Los Encinitas. CTING T0M those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969, Recorder's File No. 217326 of Official Records. ALSO crG those portions lying Westerly of the Easterly line of the 90.00 foot scrip of land described in Parcel 67083-A in said deed to the County of San Diego, recorded Novenber 22, 1969, Recorder's File No. 217326. ALSO ?TC that portion of said Lot 8 lying Northerly of the Southerly line of that certain 60.00 foot strip of land described in Parcel 61294-3 in deed to the County of San Diego, recorded September 28, 1961, as Recorder's File No. 169289 of Official Records, own as Road Survey No. 1631. PARCEL 5: The Nothwet Quarter of the Northeast Quarter of Section Li., Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Goverent Survey. CTNG 7BR0M those portions thereof described in deed to the County of Sin. Diego, Road Survey No. 1300-1, recorded November 28, 19.69, Recorder's rile No. 217326 of Official Records. TNtT1,LIE I, ALSO CTNG those Portions lying Westerly of the Easterly line of the 90.00 foot strip of land described in Parcel 61033-A in said deed to the County of San Diego, recorded November 28, 1969, Recorder's File No. 217326. (COMPANY REVISIONS TITLE CO. f ORDER NO. bATE JDESCRIPTIQN IWY DATE REFERENC E Exhibit A po H1 flgir1eerIflg company, iI engineering & surveying —41"i N. Hale Av.nu.. Escondido. California 92025 l.l.p 714) 741-921 JOB NO. LEGAL DESCRIPTION FOR: By .W . F. JDATE 575 PUBLIC FACILITIES AGREEMENT 7-27-83 J sHE3 of 6 PARCEl. 6: The Southeast Quarter of the Southeast Quarter and Lot 1, Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. EXCEPTING from said Lot 1 that portion thereof lying North of the South boundary line of the Rancho Agua E.edionda as said South line was established May 5, 1913 by Decree of the Superior Court of the State of California, in and for San Diego County in that certain Action No. 16830, entitled Kelly Investment Company, a corporation vs. Clarence Dayton Hillman and Bessie Olive Hillman. PARCEL 7: The South Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEl. 8: The Southeast Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. EXCEPTING THEREFROM, those portions conveyed to the County of San Diego by deeds recorded November 24, 1969. as File No. 214.742 and June 22, 19.70 as File No. 108453. PARCEL 9: The East Half of the Southwest Quarter; thence Northwest Quarter of the Southwest Quarter; and, the North Half of the Southwest Quarter of the Southwest Quarter; in Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. -EXCEPTG THEREFROM those portions lying within Carlsbad Tract 72 -34 (Rancho La Cuesta) Unit Numbers 1, 2, 3 and 4 according to Mans thereof Numbered 8350, 8351, 8352 and 8353, respectively, filed in the Office of the County Recorder of San Diego County. V ALSO EXCEPTG TBZRZ1ROM that portion of said Section 25, that is Easterly of the following-described line: BEGNING at the most Southerly corner of Lot 329 of Carlsbad Tract .72-34, Unit No. 4, according to Map thereof No. 8353, filed in the Office of County Recorder of San Diego County; thence Southeasterly along the Easterly line of that 150.00 foot wide easement to San Diego Gas & Electric Company recorded October 16, 1956, in Book 6301, Page 162 of Official Records of said San Diego County a distance of 514.17 feet, more or less, to the Southerly line of said Section 26. ~Z~Mt/* COMPANY DESCRIPTION REVISIONS BY IDA1 TITLE CO. REFERENCE iOROER NO. DATE Exhibit A —'-r '. COMPANY [DESCRIPTION TITLE CO. FOROER NO REFERENCE REV I S I 0145 __._. BY I DATE DATE i::i mct ft I engineering compan civil engineering & surveying Hal. Avsnu.. E,condido, California 92025 T.l. on,, (714) 741.921 JOB NO. LEGAL DESCRIPTION FOR BY DATE LF.W.F. 575 PUBLIC FACILITIES AGREEMENT 1K.F 7-27-83 PARCEL 10: The South Half; the East Half of the Northeast Quarter; the Southwest Quarter of the Northeast Quarter; the West Half of the Northwest Quarter; and, the Southeast Quarter of the Northwest Quarter; in Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. xcrc TKEPJROM that portion lying within Carlsbad Tract No. 73-39. (Spinnaker Hill) Unit No. 3, according to Map thereof No. 8453 filed in the Office of the County Recorder of San Diego County. PARCEL 1.1: The West Ealf of the Northeast Quarter of the Northwest Quarter of Section 27, Township 12 South, -Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Govereut Survey. PARCEL 12: The East Half of the Northwest Quarter of the Northeast Quarter of. Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEL 13: The East Half of the Southeast Quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Covereut Survey. EXCTflG TBIPEZROM those portions lying within Carlsbad Tract No. 73-.39 (Spinnaker Kill) Unit Moe. 1, 2 and 3 according to Maps thereof Numbered 8404, 8405 and 8453 respectively, filed in the Office of the County Recorder of San. Diego County. PARCEL 14: Lots 2 and 3 in Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEL 15: That portion of Lot 17 in Section 33, Township 12 South, Range 4 West, San Bernardino Meridian., in the County of San Diego, State of California, according to United States Government Survey, described as follows: BEGINNING at a 1point. on the East line of said Lot 17, distant along said East line and along he East line of Lot 9 in said Section 33, North 00'42'07 West, 565.54 feet from a 2 inch iron pipe having coordinates 1-335, 368.41 feet and X-1,679,897.34 keet Set for the Southeast corner of said Lot 9, in said Section 33; thence along the following numbered courses: (1) North 68 °31'17" West, 311.44 feet; (2) North 46 0 58 1 59 West, 695.63 feet; (3) North 33 °13'47" West, 257.29 feez to the North line of said Lot 17; (4)_ along said North line, SHEET 4 of 6 mAL ) Exhibit A 1 flgifleerLOU ing COmpan4 iI engineering & surveyingLor 455 N. Hal. Avenue. Escondido. California 92025 T.l.p) (714) 741•921 JOB NO. LEGAL. DESCRIPTION FOR: BY DATE [SHEET 575 PUBLIC FACILITIES AGREEMENT CHK'O. F.W.F. 17-27-83 I 5 of 6 South 89'17'46" East, 929.78 feet to the Northeast corner of said Lot 17; (5) along said East line of Lot 17, South 00 °42'07" East, 792.46 feet to the Point of Beginning- PARCEL 16: The Northwest Quarter of the Northwest Quarter and Lots 1,2,3,4,9,10,3.1,12,1.3, 14 and 15 in Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to 'United States Government Survey. CTflG TP.EPR0N that portion of said Lot 13 in Section .34, Township 12 South, Range 4 West, described as follows: CONNINCING at the Southwest corner of Lot 5 in said Section as marked by 2 inch capped iron-pipe as shown on Record of Survey No. 1652, filed October 17, 1947 under Pile No. 108637 in the 0ffce of County Recorder of San Diego County, being at coordinates Y equals 335,368.41 feet and X equals 1,679,897.34 feet; thence along the West line of said Section North 00°42'07"West, 565.84 feet to a point in a line which bears North 68 °31'17" West from a 1 1/2 inch pipe tagged "Div HWYS" being at coordinates Y equals 335,887.14 feet X equals 1,680,010.03 feet last said point being the Point of Beginning; thence along last said line South 68 °31'17" East, 128.55 feet to last coordinated point; thence South 28040106tT East, 82.00 feet more or less, to the South line of said Lot 13; thence Southwesterly along said lot line to the West line of said Section; thence North 0042'07" West along the said Section line to the Point of Begi nning. ALSO EXCEPT1NG rRER.EFROM that portion of said Lot 14 in Section 34, Township 12 South, Range 4 West, deeded to Leucadi.a County Water District, a political subdivision in deed recorded August 11, 1961 as File No. 138158, descrIbed as follows: BEGflNG at apoint of intersection of the canter line of Road Survey No. 516 and the center line of Road Survey No. 1317- said center line is the Northerly prolongation of the course shown as North Q0 °09'00" West - both Plats on file in the Office of the County Surveyor of San Diego County; thence along the center line of said Road. Survey No. 516, North 89°26 1 15" West 21.15 feet -co the North and South center line of said Section; thence - Northerly along said North and South center line and along the West line of Lot 15 in said Section, a distance of 8.86 feet to the center line of County Road Survey No. 346, according to Official Plat thereof filed in the Office of the County Surveyor of San Diego County; thence along said center line North 87°47'00" West - Record North 87°45'00" West - 436.00 feet; thence at right angles North O2 °15'00" East 30.00 feet to the TRUE POINT OF BEGNDG; thence North 02°15'00" East 30.00 feet; thence North 87°45'O" West 30.00 feet; thence South 02°15'00" West 30.00 feet; thence South &7 °45 1 00" East 30.00 feet to the TRUE POINT OF 3EG3NDTG. INITIAL HERE TITLE CO. REFERENCE COMPANY DESCRIPTION REVISIONS I ORDER NO. DATE BY Exhibit A a Th .OL nganeeriflg coman4 ui engineering & surveying 1-179, 455 N. Has. Av.nu.. Escondido, Colo,nia 92025 T..p)one (714) 74192I ioa NO. LEGAL DESCRIPTION POP: BY bDATE F.W.F. I 575 I PUBLIC FACILITIES AGREEMENT CH F I<.O wF I l 7-273 6 of 6 [. PARC.— 17 : The Southeast Quarter of the Northwest Quarter; the Southwest Quarter of the Southeast Quarter and, Lots 1, 9, 11, 12, 13, 14, 15, 16 and 17; in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to united States Goverent Survey. EXcTIG TERO1 the North 20 Acres of said Lot 1. ALSO CTING TRROM those portions lying Easterly of the center line of the County Highway known as Road Survey No. 682 as described in deed to the County of San Diego recorded February 28, 1950 in Book 3518, Page 221 of Off ic.ia2. Records. ..i.so rTG THE-7R those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1961 as File No. 217326. Parcel 18: The South Half of the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Dieco, State of Calfiornia, According to United States Governement Survey Anproved April 21, 1890. COMPANY TITLE CO. 1OROER NO. E REPERENC DATE DESCRIPTION BY PEV!SIONS I DATE Exhibit A w w 4'- 'IT C) co CL (r U - U OOH Lii (0 N