HomeMy WebLinkAboutMS 500; EVANS WALTER; Minor Subdivision (MS)I
V CITY OF CARLSBAD
APPLICATION FOR APPRDVAL OF A TENTATIVE PARCEL MAP
FOR A MINOR SUBIDIVISION OF LAND-(INTO 4 OR LESS PARCELS)
AS PROVIDED FOR IN CHAPTER 20.24 OF THE
CARLSBAD MUNICIPAL CODE
FILING FEE: $300.00
FILING FEE RECEIPT NO.(..i.-::W o
TO THE CITY ENGINEER OF THE
CITY OF CARLSBAD:
MINOR SUBDIVISION NO. MS 500
-(for office use)
DATE tt-/S'"-80
I. Request is hereby made for approval of Tentative Parcel Map of Minor
Subdivision No. consisting of 11,208 sq. ft. gross
acres, having 1 lots, being a proposed subdivision of land for
property described as :
(Exact Legal Description)
Lot 114 of La Costa South Unit No.1, in the County of San Diego,
State of California, according to Map.thereof No. 6117, filed in
the Office of the County Recorder of San Diego County, June 3,
1968.
generally located on the 2447 &2449 Levante St.
(North, South, East, West)
side of~ ____ -=~~~~ _____ between -----r~--~~~--~----------. (Name of Street) (Name of Street~
and
~(~N-am--e-o-f~S~t~r-e-e~t')---------------------------
ASSESSORS PARCEL NO. 216 -190-8 !.~~~:
-.-.~-Book Page Parcel
TYPE OF SUBDIVISION Residential --~(hR-e-s~idTe~n~t~'~la~l~,~C~o-m-m-e-r-c'i-a'l-,-'ln-d·u-s~t~r~i~a'l'.)----------
Are the existing or proposed parcels or lots in this minor subdivision
subject to other discretionary approval (for example, a variance or con-
d i tiona 1 use penni t)1 Yes No ____ _
PRESENT ZONE R-2 --------------------
__ ~~~~--------W-e~--· the undersigned state that We. ( I, We) ( I am, We are) the
~~ ___ Own __ ~e~r~s~~-r.-~ __ ~of the property des~ribed herein and hereby
(Owner, Owners) (Authorized Agent)
give Our authorization to the filing of this proposed tract
(My, Ou r)
map. We are
( I am, We are)
Title 20 (Subdivision
aware of and have had an opportunity ~o read
Ordinance) of the Carlsbad Municipal Code.
Name --~~--.r~~~~~~~~~~-o-n~R~e-c-o-r-d·e-d~D~e-e-d"---------------------
".---.
Name --~~--~~~~~==~~~==~--~~--~~~--~---------------------
Name __ ~=-__ ~ __ ~~ ____ ~ __ ~ ______ ~~ __ ~~~ __ ~ ____________________ _
Typed or as shown on Recorded Deed Signature ______________________________________________________________ __
Name and Address of Subdivfder:
Bruce M. 'Evans 2447 Levante St. Carlsbad, CA 92008
Name, address and phone number of Engineer or Licensed Land Surveyor:
No. 1904
James K. Falstad
7734 Herschell Ave.
La Jolla, CA 92037 454-4610
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! \ TITLE INSURANCE AND TRUST .
SAN
220 MAM STREET P.O. BOX 1150
DIEGO, CALIFORNIA 92112 714-239-6081
BRUC E EVANS
2447 LEVANTE STREET
CARLSBAD. CALIFORNIA 92008
YOUR REFERENCE: EVANS PCL MAP
OUR ORDER NO. : 1077834
JANUARY 15, 1981
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO SE ISSUED, AS CF T~E 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, INSDRING AGAIKST
LOSS WHICH MAY BE SUSTAINED BY REASON OF A~Y DEfECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELew OR
NOT EXCLUDED FROM COVERAGE PURSUANT TO T~E PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
NOTICE: IF THE REAL PROPERTY COVEREO BY THIS REPORT IS A
RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL lOT, OR A RESIDENTIAL
LOT IMPROVED WITH A STRUCTURE CONTAINING O~E TO FOUR SINGLE FAMILY
RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO A~ OWNER IN CONNECTION
HEREWITH, WILL NOT BE THE POLICY REFERRED TO AEOVE, SUT WILL BE THE
AMERICAN LAND TITLE ASSOCIAITON RESIDENTIAL POLICY -1979 FORM.
THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETO-IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A PGLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSLMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR (GM~ITMENT SHOULD BE
REQUESTED.
DATED AT 7:30 A.H. AS OF JANUARY 5, 1981
TITLE OFFICER: PROVENCE/VOTEL
SIGNED: ___ ~~?I!~~ __
1071834 PAGE 1
j
I
, '
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 VESTEe IN:
BRUCE M. EVANS, A SINGLE MAN AS TO AN U~DIVIDED ONE-HALF
INTEREST, AND ROBERT JAMES WALTERS ANC ~ARY CHILTON WALTERS,
HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED ONE-HALF INTEREST,
ALL AS TENANTS IN COMMON
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITIO~ TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD 8E AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TA~ES
FOR THE FISCAL YEAR 1980-81
REPORT TO FOLLOW.
2. COVENANTS,
RESTRICTIONS
EXECUTED BY :
CONDITIONS AND RESTRICTIONS IN THE DEClARftTION OF
LA COSTA LAND CO.
RECORDED --JUNE 3, 1968, RECORDER'S FILE NO. 92491
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR ~ATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF ANY MORTGAGE OR DEED Of TRUST MADE I~ GOOD
FAITH AND FOR VALUE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY: LA COSTA LAND CO.
RECORDED : MARCH 26, 1969, RECORDER'S FILE NO. 62111
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY: LA COSTA LAND CO.
RECORDED : JANUARY 10, 1972, RECORDER'S FILE NO. 5115
3. A DEED OF TROST TO SECURE AN INOEBTECNESS OF THE AMOUNT STATED
HEREIN
1011834 PAGE 2
J
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
--· · · -
: -·
· -
, .
MARCH 20. 1979
$ 22,500. 00
, ,
BRUCE M. EVANS AND ROBERT JAMES WALTERS AND MARY CHILTeN
WALTERS
SAFECO TITLE INSURANCE CCMPANY. A CALIFORNIA CORPDRATICN
SAMI H. ADAM AND NADIA AtA~. HUSBAND AND WIfE AS JOINT
TENANTS. AS TO AN UNDIVIDED 1/3 INTEREST, AND ABRAHAM H.
ADAM AND ALICE ADAM, HUSBA~D AND WIFE AS JOINT TENANTS AS
TO AN UNDIVIDED 1/3 INTEREST, AND KAN~AR B. NARAIN AND
RAGINI NARAIN, HUSBAND AND WIfE AS JOINT TENANTSy AS Te AN
UNDIVIDED 1/3 INTEREST, AS TENANTS IN COMMON
MARCH 29, 1919, RECORDER'S fILE NO. 19-121697
SAID DEED OF TRUST
MATTER REFERRED TO
AN INSTRUMENT
HAS BEEN SUBORDINATED TO THE SUBJECT
IN THIS PARAGRAPH, BY THE PROVISIONS Of
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
: --. -: -.
APRIL 18. 1979
SAMI H. ADAM AND NADIA ADAM, ABRAHAM H. ADAM AND
ALICE ADAM, KANWAR B. NARAIN AND RAGINI NARAIN
MAY 10, 1979, RECORDER'S FILE NO. 19-191911
A DEED OF TRUST
MAY la, 1979, RECORDER'S fILE Ne. 19-191916
4. A DEED
HEREIN
DATED
AMOUNT
TRUSTOR
OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED
: · · :
-· TRUSTEE
BENEFICIARY:
RECORDED · ·
APRIL 18, 1919
$81, 000. 00
BRUCE M. EVANS, A SINGLE MAN
ROBERT JAMES WALTERS AND MARY CHILTON hALTERS, HUSBAND
AND WIFE
IMPERIAL CORPORATION OF AMERICA, A CCRPORATION
IMPERIAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION
MAY la, 1979, RECORDER'S FILE NO. 79-191916
5. OTHER MATTERS OF RECORD WHICH 00 NOT DESCRIBE SAID LAND, BUT
WHICH, IF ANY EXIST, MAY AFfECT THE TITLE, THE NECESSARY SEARCH
AND EXAMINATION WILL BE COMPLETED WHEN A SlATEMENT OF
INFORMATION HAS BEEN RECEIVED
FROM: BRUCE EVANS
1011834 PAGE 3
~ , > ,
THE LAND REfERRED TO HEREIN IS SITUATED IN THE STATE Of
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS fOLLOhS:
lOT 114 OF LA COSTA SOUTH UNIT NO.1, IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFCRNIA, ACCORDING TO MAP THEREOF
NO. 6117 FILED IN THE OFFICE OF COUNTY RECCRDER OF SAN DIEGO COUNTY,
JUNE 3, 1968.
1011834 PAGE 4
~
CLTA-1973 SAFECO STANDARD COVERAGE
POLICY OF TITLE INSURANCE I
SAFECO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF. SAFECO
TITLE INSURANCE COMPANY. a California corporation, herein called the Company, insures
the insured, as of Date of Poli9Y shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which
the Company may become obligated to pay hereunder, sustained or incurred by said insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than
as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack. of the ordinary right of an abutting owner for access to at least one
physically open street or highway if the land, in fact, abuts upon one or more
such streets or highways;
and in addition, as to an insured lender on"iy:
5. Invalidity of the lien of the insured mortgage upon said estate or interest
except to the extent that such invalidity, or claim thereof, arises out of the
transaction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said
mortgage being shown in Schedule B in the order of its priority; or
7. Invalidity of any assjgnment of the insured mortgage, provided such assign-
ment is shown in Schedule B.
President
P-218 (Area 1) (Rev. 5-78)
Order No. 1J-5~5009
PART II
1. G~n(:ral and special district taxes. a lien not ylolt payable, for the
fiscal year 197~-80.
2. Subject to unrecorded leases, it any, iol$ d1sclostad by all Assignment
of Leal:les, recorded April 10, 1968 as File No. 60085.
3. Covenants. conditions and restrictions, but deleting restrictions,
1f any, based upon race, color. religion or national origin. contained
in an instrument record~d Juue 3, 1968 as File No. 92491 and re-recorded
July 1. 1968 as File No. l106QI) and 1n infJtrument dacla'ring a WoOd1f1uU.on
I thereof recorded 11arcr 26. 1969 al:l File No. 52717 and January 10. 1972
aQ Fil~ No. 5715. I
4. A deed of trust dated Barch 20, 1979 to secure an indebtedness of
$22,500.00, and any other obligations secured thereby, recorded f.1a.rch
29. 1979 as File No. 79-127697.
Trustor:
l'rustee:
.Benef 1ciary:
BRUCE M. EVANS and ROBERT JAMES WALTERS and MARY CHILTON
"~ALTERS,
SAFBCO TITLE INSURANCE COf'1PANY, a California corporation,
SAMI H. ADAl'1 and NADIA ADAM, husband and wife, as joint
tenants as to an undiVided 1/3 1ntetrust and Al:HUJiAM. J:1.
ADAM. alla ALICE ADAH, husband and wife 8ti joint tenant. as
to all lllldivided 1/3 1nterest and KAN\vA({ B. NARAIN a.nd
RAGINI! NARAlN. husband and w1ftt as joint tetUlnt8 as to an
undiv1dud 1/3 interest, as tenants in common.
---------_._---------_._---.----_._-------
SCHEDULE A
Policy No. D-595009
Charge $238.50
Amount of Insurance: $45~OOO.OO
DCl.t~ of Policy: l>1arch 29, 1979 at tilOO A.M.
1. Naoo of Insuud J
2.
3.
S»11 H. ADAH and 1ADIA ADAM, ABRAUAM 1:1. ADAM. and ALICE AD.A1-1,
KAN'WAR B. NARAlN nd RAGINI NARAIN, BRUCE M. EVANS, ROBERT
JAMES WALTKRS and i1ARY CHILTON WALTERS
The estate or interest in the land described herein and which
16 covered by this policy 1,,:
A FEE
The estate or 1nt~re6it reterr~d to herein is at Date of Policy
vested in: I
BaUCE 1-1. EVANS. a single man as to an undivided one-half inUrQt.
and ROBERT JAMES WALTERS and MARY CHILTON WALTERS, husband and
wife as joint tenants as to an undivided one-half interest, all
aB tel~nts 1n common
4. The land rtifcrred to in this volicy is situated in the State
of California, County of San D1.t.!go, and dC$cribl:':d as follo~16:
I
Lot 114 of La Coslta South Unit No.1, in thl;! County of San Diego.
State of California, accord1ng to ~~p thereof No. 6117, filed in
tilt:: Off1ce of the County Recorder of San Diego County, JunG 3.
1968.
'P-218-B (G.S.) Rev. 8-73 Cahlornia Land Title Association
Standard Coverage Policy-1973
SCHEDULE B
This policy does not insure against loss or damage, nor againsl cosls, allorneys' fees or expenses, any
or all of which arise by reason of the following:
PART I
1. 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.
2.
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 agency or by the public records.
Any facts, rights, interests or claimsl which are not shown by the public records but which
by a~ inspection of the land or by making inquiry of persons in possession thereof.
could be ascertained
3. Easements, liens or encumbranc.:es, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and whic.:h are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or III Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred
to in Schedule A, or in abulling streets, roads, avenues, alleys, Innes, ways or waterways, but nothing in this
paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a
physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the .occupancy, use or enjoyment of the land, or regulating the character,
dimensions or 10eatiol1 of any improvement now or hereafter erected on thc land, or prohibiting a separation
in ownership or a reduetion in the dimension:;,·or area of the land, or the dIed of any violation of any such law,
ordinance or governmental regulation.
8. Rights of eminent domain or governmcntal rights of police power unlcss noticc of the exercise of such rights
appears in the public records. !
9. Defects, liens, cncumbrances, adverse claims, or other matters (a) created, sufTered, assumed or agreed to by
the insured claimant; tb) not :;hown by the public re('ords and not otherwise exduded from coverage but known
to the insured claimant either at Date of Polic.:y or at the date such claimant acquired an estate or interest
insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to thc clate such insured claimant bccame an insured hereunder; (c:) resulting in no loss
or dama~e to the insured claimant; td) attachillg or (Tea ted sub::,eqllcnt to Date of Policy; or (e) resulting
in loss or damage which would IlOt havc been sustaincd if the in"ured claimant had been a purchaser or encum-
brancer for value without knowledge.
(Schedule B continued 011 next 'page of this Policy)
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CITY OF CARLSBAD
1200 ELM AVENUE * CARLSBAD. CALIFORNIA 92008
729.1181
.~
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RECEIVED FROM--,-j''':'''~-Fj_J .-;!""'("--':-._....;:F':..., . .-.:f/_"--,-,I'",-l_" __ DATE \..' -.,.L ~: -2r / I ADDRESS ,
I A/c. NO. DESCRIPTION AMOUNT r !. . ----
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1200 ELM AVENUE 0 CARLSBAD, CALIFORNIA 92008
729·1181
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RECEIVED FROM_,-/_I_J'_..,.'~_/ £.c_/_(_-:_~_C_-./ ______ DATE ______ ._'_' _</_···_-_",,_/~_,/_·_' __ ~
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" A/C. NO. DESCRIPTION AMOUNT
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" Afte+et~.r"ingreturn ~o: '
. C·;t)' of" Carlsbad
,120(1 Ei'rn Ave.
'.' .
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Car1s~ad, CA 92008
, .
AGREEMENT BETWEEN· DE~l.eLOPER-0NNER
AND THE CITY OF CARLSBAD FOR 'l'nE
PAYMENT OF~A PUBLIC FACILI'rIES FEE
~HIS AGREEMENT is entered into this 5th day of' SeptembeT
10 80 , by and between Bruc'e Me. Evans, Robert James WaJters, and
Mary Chilton Walters, (owners)
(name of developer-owner)
a s Tenants in C,ommon , hereinafter referred to as
(Corporation, partnership, etc.)
,
~Developer", whose address is 2447 Levante St. Carlsbad. CA 92QG9
(street) ,
, and THE CITY OF
~~----~~----~----~~----------------------(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
p.ereina-fter referred to, as IfCity", w:hose address is 1200 Elm
Avenue, Carlsbad" California, 92008.
, WIT N E S S E'T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit ,IIAII, attached hereto and ma,de a part of this agreement,
. hereinafter referred to as "Property"; and
l"lHEREAS, the Property lies wi thin the boundaries of ci'ty;
WHEREAS, Developer proposes a development project as follmvs:.
Convert the EXISTING Duplex at 2447 &2449 Levante St.
into a Condominium.
"
,
on said Property, which devel~pment carries the proposed name
of C.ondo Convert
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the I ~ay of :::i=er€tfBI£.
1980 ' with the City a request for A,lAkJ UNIT CONMHIN/lJM.
CONVeRSIDN AN.b 'PAErEL MAp. (115 pO::),,)
,
(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 develo~ment shall not be approved
.
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEP~AS, Developer and City recognize the correctness of .
. Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and
incorporated by this reference," and that the City"$ 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 Developmenti and
WH'EREAS, 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 •
2 •.
I
I
t
I
I
. t
, .
'. ~,
to help s'atisfy the General Plan as implemented by Council Policy
NOe 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:
1e The Developer shall pay to the City a public facifities
fee in an amount not to exceed 2% of the building 'permit valuation
-of the buildings 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 develop-
ment 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 ~he Carlsbad Municipal
Code 0 , A creqit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
'Developer shal~ pay a fee 'for conversion of existing buildings or
structur~s into condominiums in an amount not to exceed 2% 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 Hunicipal 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, exceptin 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 pr~or to the use or occupancy for which
. 3.
, I
the development is intended. Developer shall pay to City a public
facilities fee in the' sum of $1,150 for each mobilehome space to be
construct'ed 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
o~ improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. A credit to\'1ard such :fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code.
2. The Developer may offer to donate a site or sites for
public ~acilities in li~u of all or part of the financial obligation
agreed upon in Paragraph 1 above. If Developer offers _ to : :
donate a site or sites for pu1;>lic facilities, the,City shall
consider, but is not obligated to accept the offer. The ~ime for
donation an~ 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 agree~
'mente Sites donated under this paragraph shall not include improvements
required pursuant to Titles 18 -or 20 of the Carlsbad Municipal
Code.
3,. This ~greement and, the fee paid pursuant hereto are
~equired 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 t, and the Development will not be consistent with the .
General Plan and any approval or permit for the Development shall
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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 agre~s to deposit the fees paid pursuant to this
'agreement in a public facilities fund for the financi~g of public
facilities when the City Council determines the need exists to
prov~de the facilities and sufficient funds from the payment of
t~is and similar public 'facilities fees are availablee
5e City agrees to provide upon request reasonable assurances
to enable Developer to c~mply with any requirements of other public
ag~ncfes as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereund~r shall,terminate in the, event
the' Requests made by Developer 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
not~ce 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 Un1ted States
Mail, addressed to the City at the address set forth'heretn,
enclosed in a sealed envelope, addressed to the City for attention
of the City t1anager, 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
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Mail, enc~osed in a sealed envelope, addressed to Developer at-the
address as may have been designa-ted, posta_ge prepaid and certified.
-8. This agreement shalr be binding upon and shall inure to
the benefit of, and sha~l apply to, the respective successors and
assigns of Developer and the City, and references to Developer
or City herein_shall be deemed to be reference to and include-their
~espective successors and assigns without specific mention of such
successors and assigns. If D~veloper should ceas-e 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 a-ssumed in writing the
Developer's obligations hereunderc
9. This ~greement shall be recorded-but shall not create
a lien or security interest on the Proper-ty. When the obligations
of this agreement have been satisfied, City shall record a release.
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TO 1944 CA (8.74) fill TITLE INSURANCE AND TRUST (Individual)
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STATE OF CALIFORNIA }
COUNTY OF San Diego SS .
A nCOR COMPANY
On September 5, 1980 before me, the undersigned, a Notary Public in and for said
State, personally appeared Bruce M. Evans and Robert Ja.mes Wa.1 ters and ,
Mary Chilton Wa1ters ______ ~==========================-----
____________________________________ ,knowntome
to be the perso~whose name a re subscribed
to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
~~.YrPIJ~
orilCIAL SEAl.
JOETTA J. McNAMARA
NOTARV pUBLIC· CALIFORNIA
Principal Offtt:e in San mego County
My Commission Exp. March 19. 1984
N~~~
(This area for official notarial seal)
'. ,
IN WITNESS WHEREOF, this agreement is executed in San 'Diego
County, California a's of the date first written above.
DEVELOPER-O'W"NER S. · \ CITY OF CARLSBAD, a municipal
corporation 'of the State of California
ece1J1~
By ~ . Byr/ ____ -=~~~------____ ------------~~~~~~~~~~~~~~~~~ ~City Manager
By ________ ~,~ ________________ __
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED'AS TO FORM:
VINCENT F. BIONDO I JR.",
City Attorney
(Notarial acknowledgement 0'£ execution by DEVELOPER-OWNER must
be attac~nd.) ,
' . . 7.
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EXHIBIT "AII
LEGAL-DESCRIPTION
Lot 114 of La Costa South Unit No.1, in the County
of San Diego} State of Cal.ifornia, accordihg to Map,
thereof No. 0117, filed in the Office of the County
Recorder of San ,Diego County, June '3, 1968.