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HomeMy WebLinkAboutHDP 91-19; PHILLIPS SEA WALL; Hillside Development Permit (HDP)CITY OF CARLSBAi LAND USE REVIEW APPLICATION OR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) 2 Master Plan 2 Specific Plan 2 Precise Development Plan 2 Tentative Tract Map 2 Planned Development Permit 2 Non-Residential Planned Development Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map J Administrative Variance (FOR DEPT -- - USE ONLY) General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit Coastal Development Permit Planning Commission Determination 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON THE West SIDE OF Ocean Street (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Beech Avenue AND Delaware Avenue. (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: Lots 17 & 18 in Block "A" of Hayes Land Company addition to Carlsbad, Map No. 2, Per Map 1221. 4) ASSESSOR PARCEL NO(S). I 203-140-13 5) LOCAL FACILITIES 1 6) EXISTING GENERAL PLAN p]4[-j 7) PROPOSED GENERAL PLAN Lu I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING R-3 9) PROPOSED ZONING { 10) GROSS SITE Lo.16 ACREAGE 11) PROPOSED NUMBER OF 112) PROPOSED NUMBER 113) TYPE OF SUBDIVISION RESIDENTIAL UNITS 2 OF LOTS 1 R (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS T 2 15) PROPOSED INDUSTRIAL I N/A 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE N01t A PWPOSED PROJECT REEUIR1NG ThAT UMMPLZ APPLICATIONS BE PILED M= BE MMM7M PRIOR TO 330 PM... A PRO'OSEI) PROJECT REQUI1UNG THAT Qj.y ONE pCAflO PnM MUST BE"MM-ED P9IORTO 400 PJK FRM000I6 8/90 CITY OF CARLSBAD L W LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE N/A 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 2 EDtJ 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC N/A I 20) PROJECT NAME: Gradingplansforprivateresidence,2665&2667Ocean St. 21) BRIEF DESCRIPTION OF PROJECT: I Construction of a reinforced concrete Iretaining/sea-wall and associated landscaping. 22) IN THE PROCESS OF REVIEWING THIS PLANNING COMMIS, DESIGN ENTER THE PROPERTY NT IS PURPOSE )N IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, ARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS 23)OWNER 24)APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) - Jack Phillips JackPhillips MAILING ADDRESS MAILING ADDRESS 9309LaRivieraDrive,SuiteA 9309LaRivieraDrive,SuiteA CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Sacramento, CA 95826 (916) 362-1328 Sacramento,CA95826(916)362-1328 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNER's REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE IS TRUE AND cr TO TH BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. • SIGNATU DATE SIGNATURE DATE t - FOR CITY USEONLY Ar FEE COMPUTATION: Received APPLICATION TYPE FEE REQUIRED I SEP20 1991 ff 171.5 RECEIVED BY: V, typ TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. DES 4 • OF SAN mo SE u I91 7474 EL BLVD IA MM, CA 91941 (619) 464-5353 RECEIVED ~ ~' MCW, 0 2667 OCEAN STP MT Your No.: CARLSBAD, CA Our No.: 918229-K Date: SEPTEMBER 3, 1991 Attention: IYRMP Effective Date: ALJST 28, 1991 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of San Diego hereby reports that New York TRW Title Insurance Inc. is prepared to issue, or cause to be issued, as of the effective 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 fonts. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Addendum 1 attached. Copies of the Policy fonts should be read. They are available fruiu the office which issued this report. This report (and any supplements or anEndmnents 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. ORANGE COAST TITLE COMPANY ,WSM DIEGO Aget f or TIN Title Insurance Inc. - S. k. VIIIDRIA DARlENE JAMES Title Officer Assistant Title Officer Title to said estate or interest at the date hereof is vested in: The estate or interest in the land hereinafter described or referred to in this Report is: A FEE - LEGAL DEGORIPTION 0 ORDER NO. 918229-K The land referred to in this Report is situated in the State of California, County of San Diego, and is described as follows: I W 1 I •Is 4le DID I &I I I3'S i ji . I 14. a. . ' t" 9/3/9 1 RVEP ORDER NO. 918229-K . . . ThREE At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes, a lien not yet payable, for the fiscal year 1991-92. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon race, color, religion or national origin, as contained in instrument recorded APRIL 21, 1949 IN BOOK 3178, PAGE 42 OF OFFICIAL RECORDS. - Said instrument provides that a violation thereof shall not defeat not render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. A Deed of Trust to secure an indebtedness of $150,000.00, and any other amounts payable under the terms thereof recorded SEPTEMBER 15, 1988 under Recorder's File No. 88-463284 of Official Records; Dated: SEPTEMBER 9, 1988 Trustor: JACK D. PHIILIPS, AN UNMARRIED PERSON Trustee: CONTINENTAL AtDCELIARY COMPANY Beneficiary: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By agreement recorded JANUARY 6, 1989 as File No. 89-009423 of Official Records, the lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded JANUARY 6, 1989 as File No. 89-009421 of Official Records. 5. A Deed of Trust to secure an indebtedness of $150,000.00, and any other amounts payable under the terms thereof recorded SEPTEMBER 15, 1988 under Recorder's File No. 88-463285 of Official Records; Dated: SEPTEMBER 9, 1988 Tri.istor: JACK D. MiIILEPS, AN UNMARRIED PERSON Trustee: CONTINENTAL AtDCEIIARY COMPANY Beneficiary: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKENG ASSOCIATION By agreement recorded JANUARY 6, 1989 as File No. 89-009422 of Official Records, the lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded JANUARY 6, 1989 as File No. 89-009421 of Official- Records. 6. A Deed of Trust to secure an indebtedness of $215,800.00, and any other amounts payable under the terms thereof recorded JANUARY 6, 1989 under Recorder's File No. 89-009421 of Official Records; Dated: DECEMBER 21, 1988 Trustor: JACK D. MIILIPS, AN UNMARRIED PERSON Trustee: CWrnMNM AUXILIARY C4PANY, A CALIFORNIA CORPORATION Beneficiary: BANK OF AMERICA NATIONAL TIJST AND SAVINGS ASSOCIATION 7. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lards, or has been created by artificial means or has accreted to such portions so created. - WAGE ORDER NO. 918229-K 8. Rights and easements for commerce, navigation, and fishery in favor of the public, or the federal, state or municipal government. 9. Any easement, other rights or dedication of title to the public, incorporated cities, the County of Sail Diego, or the State of California for ingress or egress, recreational use, or other purpose which may exist as a result of adverse or permissive use by the public. 10. The effect of documents, proceedings, liens, decrees or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to - ascertain the existence of such matters has not been completed and requires a statement of identity from PHILLIPS in order to complete this report. 11. Subject to the Ccnutninity property interest of the spouse if married, and any defects, liens or encumbrances which may affect the land herein by reason of the canmninity property. 12. Applicant has requested Orange Coast Title Company of San Diego (the Cany) to issue a preliminary report on the property described herein. Applicant is aware that title insurance may be available for the contemplated transaction, but may not request the Company to issue or cause to be issued a policy herein. Applicant agrees that this report is issued for the exclusive use of applicant and that said preliminary report is issued pursuant to Section 12340.11 of the Insurance Code of the State of California. By acceptance of this report, Applicant understands and agrees that said report is not an abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applicable to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the condition of the title to real property, but shall constitute a statement of terms and conditions upon which the issuer is willing to issue a title policy, if requested to do so. 1990-91 TAX INFOPTION: DE AREA : 09000 PARCEL NO. : 203-140-13 1st INSTLflET : $2,786.80 PAID 2nd INSTAIlk ET : $2,786.80 PAID LAND VALUE : $324,736.00 fl4VENE2IS : $193,293.00 EXEMPTIONS HX : $-0- EX0PTI0NS CONTI= . . &GE FIVE ORDER NO. 918229-K The following are instructions when wiring funds to ORANGE MAST TITLE COMPANY OF SAN DIEGO: OUR BANK NAME ........ SEJRET1 PACIFIC NATIONAL BANK A1)ESS ................. 8002 I.A, MEM BLVD. IA MESA, CA 92041 ABA NUMER ...............122-000043 .(o.I1I • . EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: - 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordi- nances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appearea in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) SCHEDULE OF 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, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating 10(i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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 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. (b) Any governmental police power not excluded by (a) abo'e, except to 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 at 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 prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known 10 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 Company by the insured claimant prior to the date 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 (e) 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. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, slate insolvency, or similar creditors' rights laws. OCT-911 Rev. 1-91 • S ---5-- a. CHANGES - BLKI OLD I NEWIYRI CUT '4o/• 25 221. 141 20-22 23 1721 1062 142'f :•: - 60 1 I, -3i 75 1-9 8 1401 1 9 3z-35 C 4313 54d 781-34r,03 /43 4ë5 7 9/ /86 /Q_ 2 34 LL 24 93 259 14-01.31 _ /4/ _24: 1841.364,0 , zs,Z4r27 P 11401 25 t95 & 26 wa.M7} ' 9. L _-Y,_ 18 V cnMc 1L2. _ •T U, cx 0 w .c. 1.' I. CONDM THE NETHERLANDS D0082-2 16020 (SEE SHT 2) 20 ZONDM PUESTA DEL SQL DOC 86-3O68l tSEE SHT.2) 0/ CARLSBAD BLVD. 203-14. **""% SHT.I 0F2 fUAT 100 (HWY. 101) XI—SD-25 - 3* CONDM. . 2677&2679 OCEAN D0089-;76489 .. •1 I /1 • I 1 EESHT. :• - "5'52 c 4? : d oj•' BLK. 3 • / 99 / r8N > ' / 2Z54 / < 0 5 AC GARFI ELD i=_ _7 __ PM 12124 to 97 tn –icr 1-9 6 j9594 • tag €y ; O J88 PAR — ®.: LU j741 75 76® 77 78® 8O TØ® 830 84® 85 ® - — ~@ I - Lli l . BLK.•6 2J2AC. a. ST. — -- ' • 0.64 AC. - --- •:: 0.62 AC. i5 141 -- SCL3D °' .. ___ I 1_.• •- - : N5442lE OCEAN • • "7 ,fZZ • • N • - I #. iT —4 %ow.U_ — - ____ ---e. • ___tWlD.-43s/Sv('am) ST. • I • L , 1 F -y ---- -_—: r T29 t.I 140 BL}'< Aso i A ;I I !2 34 5 6 7 8 9I0 II 12 1314 15 16 17 I8Ci922lI2223242526 PARI,—J I I'I -::I -iL 7 C35 2* P3 12 13 UQ6 302 C34 . • • •_J•1_ '! ' PACIFIC ::N;T -------- 0 C E A N : ilk- GRANVI ---- 22_ -- - - _=; - - - - - - MA2O37 a-2(.••7° ----- ---------- — --- - —••• — — •-•----•---- -- — -•- ------- — -- -•---•-- -- _ •- -• - -•- r' ••-•-i-_• -• ••i• •-- •:_•. ••••• •:-•H--••-• •• Jn , - DT1DPI V - - - • - - •-- -. • - .. :- . TTT • I, CITY OF CARLSBAD 1200 CARLSBAD LLAGE DRIVE CARLSBAD, C IFORNIA 92008 438-5621 REC'D FROM________ DATE r/tji:Y ACCOUNT NO. DESCRIPTION AMOUNT 4492 09/20/91 0001 01 02 RECEIPT NO. 8290 TOTAL - . City of Carl DISCLOSURE STATEMENT bad APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. IF- •_ZTA 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 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 identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las-Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 . . (Over) Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with Commissions, Committees and Council within the past twelve months? Yes - No _.' If yes, please indicate person(s) - any member of City staff, Boards, Person is defined as: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit (NOTE: Attach additional pages as necessary.) e of Owner/date ture of applicant,' . t4lc_LI Print or type name of owner Print or type name of applicant FRM00013 8/90 . I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) (Formerly Elm Avenue) ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. '23 - - AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this '2o day of 9 . 199 \ by and between Jack D. Phillips (Name of Developer-Owner) a unmarried man . hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 9309 La Riviera Drive, Ste. A, Sacramento, CA 95826 (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 (Formerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Construction of a sea-wall and associated landscaping on said Property, which development carries the proposed name of grading plans for 2665 & 2667 0(-n si -. and REV 11/90 (-1b/ T/'-/7 . . is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 20th day of September 1993 with the City a request for a Hillside Development Permit and Grading Permit 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 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to 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: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. Form Approved By City Council April 22, 1986 Ro. No. 9169 2 1 p . . 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 3.5% 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 of use" as used in this agreement, except in reference to mobile home 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 of occupancy for which-the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. 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 wider 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 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 REV 11/90 3 . . 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. S. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal 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, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall REV 11/90 4 . . apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 11/90 5 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California Jack D. Phillips (name) By: By: MARTIN ORENYAK Owner For City Manager (Title) By: (Tide) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: COUNTY OF Placer STATE OF California On this 31, Day of August 1991 before me Carmen Neathery a notary of said State personaly appered Jack D. Phillips and proofed to be the person whose name is subscribed in this document. Notarys signature My Comm. Expires June 20, 1995 S . EXHIBFT W LEGAL DESCRIPTION LOTS 17 AND 18 IN BLOCK A OF HAYES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909; EXCEPTING THEREFROM ALL THAT PORTION OF SAID LOTS LYING BELOW THE LINE OF ORDINARY HIGH TIDE OF THE WATER OF THE PACIFIC OCEAN. REV 11/90 7 CITY OF CARLSBAD TRANSMITTAL LETTER DEVELQP, PROC ERV W. To: C,VTh' O C p Date: Sc2-t \ Job 1z,1 5 LP -S project: D\2 CJ Re: \LV0. 1. Attn.: TM.: Dwg.: We are enclosing blueline sepias original drawings or El For your files El For your proposal LR For your review and approval El El Per your request El Transmitted via: El Mail El For information El Parcel Post El Please sign copies and return to our office El Pick up by El FAX Remarks: 2 Delivered by LcS. -t U>*4D U5. A 'S'eI '&s f. ç.S O\ -S • - A 1 -4i D"L .\ r>cAc_ By: 7220 Avenida Encinas Suite 204 Carlsbad, California 92009 619-931-7700 Fax: 619-931-8680 Civil Engineering Planning Processing Surveying