HomeMy WebLinkAboutMS 512; LAKE CALAVERA HILLS ASSOCIATES; Minor Subdivision (MS)----~ -. -"---. . .... -,-.. --.... .. . -----.---_ .. -'-._-" --... ----.~-. -~. -' ~ -". ---.. _---. __ . --.
CITY OF CARLSBAD
APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL t-1AP
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.UO / 11((1 !'~~ go FILING FEE RECEIPT NO. ~ 0 iCr ~A
TO THE CITY ENGINEER OF THE
CITY OF CARLSBAD:
.M I NOR SUB D I V I S ION NO. MS ":; i L-
., (for office use)
DA T E December.l, 1980
I. Request is hereby made for approval of Tentative Parcel Map of Minor
Subdivision No. consisting of 4:545 gross
acres, having one lot~, being a proposed subdivision of land for
property' described as : ~
. .I
(Exact Legal Description)
A.portion of lot J, Rancho Agua Hedionda, r~ap No. 323. in the'Citv of Carlsbad ___
County of San, Diego. State of California.
Beginning at the southwest corner of Carlsbad Tract No. 76-12; thence N 0° 34' 50.:.r.
1093.81 feet to the Tl~ue Point of Beginning (Southeast corner \~aste Water Treatment
Plant); thence N 00 34' 50" E. 660.00 feet; thence N 89° 25' 10" West ,300.00 feet;
thence S 0° 34' 50" l~ 660.00 feet; thence S 890 25' 10" E 300,.00 feet..:9Lthe True
Point of Beginning. Containing therein 4.545 Acres
generally located on the _N~o_r_t_h_~ __ =-__ ~~ ____ ~ __ ~ _____ ___
(North, South, East, West)
between Tamarack side of El Camino Real,
( Name of St reet)
and Elm
~(~N-a-m-e-o~f'~S-t-re-e--t~)---------------------------
. (Name of Street)
ASSESSORS PARCEL NO. 208 010 24 Book Page Parcel
TYPE OF SUBDIVISION __ ~I~nd~u~s~t~rl~'a~l~~~ ____ ~~ __ ~~ __ ~~, ____________ __
( Res ide n t i a 1, C omme rc i a 1, I nd us t ria 1 )
Are the existing or proposed parcels or lots in this minor subdivision
subject to other discretionary approval (for example, a variance or con-
d it i ona 1 use permi t)? Yes No _____ _
-,
'. PRESENT ZONE P U ---------------------
I the unders igned state that I am , ' the
( I, W&) ( I am, W)ci(xalr.e)
Owner of the property described herein and hereby
( Owner, ~fi:;osJ Oh~~;oaX3(~~x~fi:m) ,
give My authorization to the filing of this proposed tract ~(:':':'M"-y-, -®=-~"""')t-")---
map. , I am
( I am, W@<~~@9
Title 20 (Subdivision
aware of and hav~ had an ,opportunity tQ read
Ordinance) of the Carlsbad Muni~ipal Code.
Name --~~~~~~~~~r=~~-----'~~---rd'e-d~D~e--e'd'---~----------------
Name --~(~T~y-p-e~d~o-r~P~r~i-n-t-e-d~a-s--s~h-o-w-n--o-n~R~e-c-o-r-d~e-d~D~e-e~d~)---------------------
Signature ______________________________________________________________ __
Name
(Typed or Printed as shown on Recorded Deed)
Signature ..
Name
( Type€! or Printed as shown on Recorded Deed)
S i gnatu re
Name ~nd Address of Subdivfder;
Lake Cal avera Hills Associates, Roy J. Ward, General Partner
1207 Elm Avenue, Suite D, Carlsbad, CA. 92003
Name, address and phone number of Engineer or Licensed Land Surveyor:
No. 22835
Arthur C. Beard, 332 S. Juniper, Suite 200
Escondido, CA. 92025 (714) 747~33l0
. '. --.
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time li:mits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions to
properly review all of the applications, when specific time periods
are mutually agreed to in writing from the City of Carlsbad.
Name Relationship to Application
(Property Owner -Agent)
FORM: PLANNING 37, REVISED -9/80 RJW
.---~-------.. ------.~-----------~--~ ----'--. ------_.-'-'---_. .-., •.. -.---------'-'-.·e
CITY OF CARLSBAD
APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP
FOR A MINOR SUBIDIVISION OF LAND-(INTO 4.0R LESS PARCELS)
AS PROVIDED FOR IN CHAPTER 20.24 OF THE·
CARLSBAD MUNICIPAL CODE
FILING FEE: ·.$300.00
FILING FEE RECEIPT NO. -----MINOR SUBDIVISION NO. MS __
.. (for office use)
TO THE CITY ENGINEER OF THE
CITY OF CARLSBAD:
DA T E December], 1980
I. Request is hereby made for approval of Tentative Parcel Map of Minor
Subdivision No. consisting of 4.545 gross
acres, having one lot$~ being a proposed subdivision of land for
property' described as : -
I (Exact legal Description)
A.portion of lot J, Rancho Agua Hedionda, r~ap No. 823, in the City of Carlsbad,
County of San. Diego, State of California.
Beginning at the southvJest corner of Carlsbad Tract No. 76-12; thence N 0° 34 1 ~.
1093.81 feet to the True Point of Beginning (Southeast corner Waste Water Treatment
Plant); thence N 0° 34' 50 11 E.. 660.00 feet; thence N 89 0 25' 10" West 300.00 feet;
thence S 00 34' 50" l~ 660. 00 feet; thence S 89° 25' 10" E 300·.00 feet to the' True
Point of Beginning. Containing therein 4.545 Acres
generally located on the _N~o~r~t~h~ __ =-_~-= __ ~~ __ -r ____________ _
(North, South, East, West)
side of El Camino Real·
(Name of Str.eet)
'between Tamarack
'(Name of Street)
d Elm an ~ _____ ~_~ ____ ~ _______________________ __
(Name of Street)
ASSESSORS PARCEL NO. 208 010 24
Book Page Parcel
T Y P E OF SUB D I V I S ION _....--::-1 n_d_u.-s t.,-r_i_a .. l --;--~---;---:;----;--.---::---;,---;'-r-----(Residential, Commercial, Industrial)
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)? Yes _____ No -'-___ _
I
I
, ··1
l
i 'I
! I
I
~.
• , r
, . . --...t,~'
t~ ·e '-PRESENT ZONE P U
I the undersigned stat·e that -I !3-m ·.the
-~( "71--, -=W .... &..-.-) --------l I am, W>e<xar:e)
Owner of the property described herein and hereby --r( -=-Ow----.lon e~r ,~~~m-~-;()G~J -r-( ~,-~-.-~-'J:-=->d~~sdx~~~ ) .
give __ TM~y __ -=~~ ___ authorization to the filing of this proposed tract
( My, ~.:JX-)
ma p. I am
( I am, w~xa:~@9
Title 20 (Subdivision
aware of and hav~ had ari,opportunity tq read
Ordinance) of the Carlsbad Muni~ipal Code.
Name --~~~'-~~~~~~~~----~~---r-d~e-d~D~e-e-d~--~---------------
Name --~(~T~y-p-e~d--o-r-=P-r~i-nt-e-d~a-s--s~h~o-w-n--o-n-'R~e-c-o-r-d~e-d~D~e-e-d~)---------------------
Signature ____________________________________________________________ __
Name. __ --r. ____ .-__ -=~~_.----._------"'----._~~~---------------------(Typed or Printed as shown on Recorded Deed) Signature. __________________________________________________________ __
Name ·----r(=T-y£~'-e~~--o-r-=P-r~i-nt~e-d~a-s--s~h~o-w-n-o-n-.R~e-c-o-r-d·e-d~D~e-e-dn)--~-----------------
Signature. ____________________________________________________________ __
Name ~nd Address of Subdivfder:
Lake Cal avera Hills Associates, Roy J. Ward, General Partner
1207 Elm Avenue, Suite D, Carlsbad, CA. 92003
Name, address and phone number of Engineer or Licensed Land Surveyor:
No. 22835
Arthur C. Beard, 332 S. Juniper, Suite 200
Escondido, CA. 92025 (714) 747-3310
«!\ (1 -
.. -
Lake Calavera Hills
3088 Pia Pica '
Carlsbad~ Calif. 92008
Attn: Roy J. Ward
SAFECO TITLE INSURANCE COMPANY
. ' M1ENDED
PRELIMINARY SUBDIVISION REPORT
•
No. S-560498 Subdivision:
Dated: Fepruary 25, 1980 as of 7:30 A.M.
Carlsbad
Tract No.
76-12
:'":,_ For the bel}~fit .of the County of San Diego, any' City within which the
subdivision-is located, the Subdivider and the Subdivider's Registered
Civil Engineer or Licensed Land Surveyor.
A preliminary examination of those public records which, under the
recording laws, impart constructive notice of matters affecting the
title to the land included within the exterior boundary shown on a map
of the above referenced subdivision received on May 10, 1979, by
SAFECO Title Insurance Company, herein called the Company, discloses
that, at the date hereof, the only parties having any record title
interest in 'said landwhpse signatures are necessary, under the requirements
of 'the Subdivision Map Act, on the map of said subdivision to be filed
with the C9unty Recorder of said County are set forth in Schedule A.
This report is furnished as an accommodation, for the sole purpose of
preliminary planning and facilitating the compliance with requirements
necessary for the issuance of a Subdivisio'n Guarantee. It is understood
that the Company's liability is solely that expressed in such Guarantee,
and that no liability separate from or other than the Company's liability
under said Guarantee is assumed by this Report, except that if no Guarantee
is issued under this Order the amount paid for this Report shall be the
maximum liability of the Company.
PRELIMINARY SUBDIVISION REPORT
P-286 (G.S.)
SAFE CO T~TLE INSURANCE COMPA~
UZYt'fi ))71 7i kl ~
By STEVE 'M. HATCHER
Title Officer
· /
S A F E COT I T LEI N SUR A N C E COM PAN Y
No.
Dated:
PRELIMINARY SUBDIVISION REPORT-SCHEDULE A
S-560498 Subdivision:
February 25, 1980 as of 7:30 A.M.
Carlsbad
Tract No •
. 76-12
The map hereinbefore referred to is a proposed subdivision of:
SEE EXHIBIT "A" ATTACHED
The parties hereinbefore referred to are:
VESTING:
LAKE CALAVERAS HILLS ASSOCIATES, a l~~ited partnership
EXCEPTIONS:
~ General and special district taxes, now payable, for the fiscal
year 1979-80. (First Half now delinquent)
~ Delinquent general and special district taxes for the fiscal year
1978-79 and subsequent delinquencies. Amount necessary to redeem if
paid(on or before March 31, 1980, $4,425.59.
.. "'!.
~ Additional amounts that may hereafter be assessed within the guidelines
defined in Chapters 49 and 242 of the State of California Statutes of
1979.
~ Covenants, conditions and restrictions, but deleting restrictions,
if any, based upon race, color, religion or national origin, as contained
in an instrument recorded January 5, 1959 in Book 7427, page 358 of
Official Records.
Said instrument provides that a violation thereof shall not defeat
nor render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
S-560498
Page 2
,u '.~.
~ An easement for access of right of way as granted to the Carlsbad
Municipal Water District as granted in deed recorded January 9, 1967 as
File No. 2642. The land affected is particularly described as all that
portion of Lot "J" of the Rancho Agua Hedionda, in the County of San
Diego, State of California, according to Partition Map thereof No. 823,
filed in the Office of the County Recorder of San Diego County, November
16, 1896, described as follows: '
Beginning at the Northeast corner of Section 4, Township 12 South,
Range 4 West, San Bernardino Meridian, in the County of San Diego, State
of California, running thence South one-half mile; thence West 2460.00
feet; thence North 936.00 feet; thence North 25°30'00" West, 1833.00
feet to the intersection of the North line of said Section 4; thence
East 3252.00 feet to the Point Of Beginning.
The route thereof across said land is not set forth in said deed.
NOTE: The interest of said easement has since passed to Costa Real
Municipal Water District.
~ An easement of right of way as granted to the Carlsbad Municipal ~Water District by deed recorded January 9, 1967 as File No. 2644 of
Official Records. The route thereof is particularly described as a
strip of land 20.00 feet in width, being 10.00 feet on either side of
the following described center line:
Beginning at Point 7, Lot "J" of said Partition Map 823 of Rancho
Agua Hedionda; thence North 01°46'56" East, 2637.98 feet to Point 1 of
said Lot "J"; thence North 65°57'53":·"West, 10.38 feet; thence South
24°02'07" West, 956.98 feet to a point hereinafter referenced as Point
"A", the ,TRUE POINT OF BEGINNING; thence South 25°02'07" West, 509.04
feet; thence South 28°02'53" West, 140.23 feet to the beginning of a
tangent curve, concave to the right having a radius of 700.00 feet;
thence Southwesterly along said curve through a central angle of 09°06'38"
an arc distance 6f 111.31 feet; thence South 37°09'31" West, 595.35 feet
to the beginning of a tangent curve, concave to the left having a radius
of 1pOO.OO feet; thence Southwesterly along said curve through a central
angle of 07°10'29" an arc distance of 125.22 feet; thence leaving said
tangent curve South 29°59'02" West, 672.79 feet.
NOTE: The interest of said easement has since passed to Costa Real
MuniCipal Water District.
~ An easement of right of way for water pipelines and appurtenances as
granted to the Carlsbad Municipal Water District by deed recorded January
9, 1967 as File No. 2645 of Official Records. The route thereof is
particularly described as a strip of land 20.00 feet in width, being
·10.00 feet on either side of the following described center line:
S-560498
Page 3
•
.Beginning at Point 1 of Lot "J" of said Partition Map 823 of Rancho
Agua Hedionda; thence South 01°46'56" West, 2637.98 feet to Point 7 of
said Lot "J"; thence North 64°53'09" West, 1191.87 feet to the TRUE
POINT OF BEGINNING; thence South 29°59'02" West, 672.79 feet to the
beginring of a tangent curve concave to the left having a radius of
1000.00 feet; thence Southwesterly and Southerly along said tangent
curve through a central angle of 11°04' 16", an arc distance of 193.23
feet; thence leaving said curve South 18°54'46" West, 1155.98 feet.
NOTE: The interest has since passed to Costa Real Municipal Water
District.
~. A deed of trust dated July 28, 1978 to secure an indebtedness of
$1,900,000.00, and any other obligations secured thereby, recorded
August 2, 1978, as File No. 78-325109.
Trustor:
Trustee:
Beneficiary:
Covering
LAKE CALAVERAS HILLS ASSOCIATES, a limited partnership,
and DON N. BOWKER, as Trustee of the Martha Killefer
Trust, under Trust Agreement dated February 27, 1962
CALIFORNIA GENERAL MORTGAGE SERVICE, INC., a corporation
SAN DIEGO FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation
this and other property.
~ An Agreement dated December 26, 1979 and recorded January 14, 1980,
as File No. 80-013386, executed by and between City of Carlsbad, California
and Lake Calavera Hills Associates fo'r construction of a 1.2 million
gallon capacity sewage treatment and· wastewater reclamation facility and
necessary appurtenances and to provide for the financing and reimbursement
for costs of oversizing thereof.
Covering this and other property.
.... ~., r=--"'" • •
EXHIBIT "A"
T-hose-portions"of ... Lots ,"E-" .and ~'J" of Rancho Agua:Hed"ionda, in' the,' ,City< .', I,
0.f-GarTsba'd~"'Tbunty'~of San Diego, State-of California ;-'according . to·~ the
.Map-..t'hereof -No': 823';' filed in the Office of' the' County Recorder-of San
p.iego. County', 'November1S, '1896;' described' ·as-·fo11ows.:.'-'"
Commenclug at the-Southeast corner of.· said Lot "J"; 'thence al-ong the,,,':"
Souther1-y--prolonga tionof "the' Easterly line of ·said"'·Lot·· !~j"1I ;;'South
·01°42.!.4l" West"; '-1094 ... 02 feet -toethe Southerly line of .1and··oescribed lrr"
'~G\.rcel 3,in deed to Don K. Bower as Trustee of the Martha Ki-lle"fer , Trus-t
pnder ...TLUS.t-Ag:r::eement~da:ted -February"'~"7; 196'l, 'said deed ,being -recorded-
,Septembeq:-..: S;--l'9-76-<a"S"'Ffle No. 76-294345'-and~be,ing the· TRUE"POINT'~~f
B·EGINNING; thence along the boundary of said 'Parce1 3 as 'folTows':'-'Nor'th--'"
....8.9_o.25'LO'~. \~esL·{Deed' =-North-89°22'33" West): .l769,.82 feet to the, Southwesu
I .. c.-O:t'ner,~of said land;,.aaruL.North.:..:Oq",o34!5.0!! East. (Pegd_=,.,NC?rth .oO,~37,'.2iPh
~as:t): 809 ~ 8.0..:;fge;tt; t.henc,e Je~ving . said boundary North 21 ° 12 '~O" Ea'st, '" ~~. 71.. 455.72 feet to..=...::the.....beg.inuing. of !1. tangent -:9-58 .. DO-foot .. radius.c.u;r.ve"
't-concav~ Q9~theasterly:.; ;thence,Northeasterly~ along the -arc 'of said curve··
J through. a centraL,angle.·e.f::-15·~47:!:3G" ,a ,dis_"t,4nce~264~,G~.ee,t; then.c,~""
tangent .. to ... sa:j.d .curv:e, ~or-th 3rOOlOO~I..·,.;Eas~,,-702.00_ feet:oto· the .beginning.."
of._a tangent...642·~'O{)--f--eot<l radius><>.Cu.r.ve., 'concave ·Northwester-ly; thence .. !
Northeasterly along the arc of said curve.through. a,central angle of
d.O,~'§3..LI0'1'"'-'8~di.stance-of 121.98 feet.; .thence le?-ving said curve.,. ~ollt~<h1:
j
{
I
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I
\
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6..o.:~~.2!!.,.,..EasL,,,, 25.0.)-.2 .£ee:t; thence _South, 34~33t60.lJ..:..,Ea:s;t~.\in~·. i2 ...... fee.t.;·
.thence ...south .23 ° 15 14 . .5" ._East-,.-.805·.,.sO'·,fee;t' to the Souther·ly prolong.a:tion
Q.f..."t-he--Ecrsteriy line' of" said' Lot' "JII ;thence-"a1ong 'said 'prolongat':i;oW'
·Rout.h -Ol~4.2 1·41" Wes;t,..;..6~0.,0G.....feet "-to ,the., TRUE ·PO.INT,.-OE .... SEG-INNING-.
TYPED/mr
1-16-80
S-560498
E-12024
• !
\,
Mayor and Council Membe'rs
City of Carlsbad
Carlsbad, California 92D08
SUBJECT: TRANSFER OF CAPACITY RIGHTS IN SAN ~,1ARCOS COUNTY WATER
DISTRICT TREATED EFFLUENT OUTFALL PIPELINE
In accordance with the terms of a memorandum of understanding (MOU),
dated June 16, 19("0, by and between the San Marcos County VJater
District (S.M.C.W.D.), Lake Ca1avera Hills Associates (L.C.H.A~) and
others, L.C.H.A. now owns approximately 13% of the capacity rights in
that portion of the pipeline referred to, in the MOU, as the "Carlsbad
Reach. II The MOU provides for the assignment of L.C.H.A.·s capacity
rights to the City of Carlsbad.
Lake Ca1avera Hills Associates hereby offers to assign to the City of
Carlsbad all rights, claims and title to capacity rights owned by
L.C.H.A. in the S.M.C.W.D. Treated Effluent Outfall Pipeline, free of
all liens and encumbrances. Such assignments shall be effective upon
the acceptance, by the City, of this offer as evidenced by the signature
hereon of a duly authorized City Official .
ROY J. ARDfC)General Partner
Lake Ca av~ Hills Associates
ATTEST:
~/£AzLL~1
ALETHA L. RAUTENKRANZ, City Clerk
. M?4~~fl
RONALD C. PACKARD, Mayor
City of Carlsbad'
. . .
_ .. -----.. ~~--
(~ . -. )
AGREEMENT
This Agreement is made and entered into at Carlsbad,
California, this 20th day of 3~~~~e-r~,~~¥9-&1-, by and between
City of Carlsbad, California, a municipal corporation
(hereinafter referred to as "City"), and Lake Cal avera Hills
Associates, a California partnership (hereinafter referred to as
"Developer").
R E CIT A L S:
A. City and Developer have previously entered into a
certain agreement, dated December 26, 1979, and entitled
"Agreement Between City of Carlsbad, California and Lake
Calavera Hills Associates for Construction of a 1.2 Million
Gallon Capacity Sewage Treatment and Waste Water Reclamation
Facility and Necessary Appurtenances and to Provide for the
Financing and Reimbursement for Costs of Oversizing Thereof".
B. Developer has undertaken performance.under said
agreement and has expended substantial. sums of money in excess
of $2,000,000 in furtherance of the agreement.
C. Developer has completed cQnstruction of the sewage
treatment facility and portions of the effluent disposal line
and those facilities are ready for delivery "to and acceptance by
the City.
-'
D. By reason of certain intervening considerations,
the parties now agree that it is not in the best interests of
either the City or Developer to attempt to complete the
-agreement in accordance with its terms.-~
< ,
E. The parties desire to effect a novation of the
original agreement and enter into a new agreement to establish
their rights and obligations.
F. The parties intend by this new agreement to
traps fer all completed facilities to the City, with Developer
receiving appropriate credit for expenditures previously made
and appropriate reservations of sewage treatment capacity in
those facilities.
NOW, THEREFORE, in consideration of the recitals and of
the mutual obligations of the parties established by this
agreement, City and Developer agree as follows:
SECTION 1: DEFINITIONS
-A. "Acceptance": A formal action by the City
accepting any offer of dedication of the sewage treatment
facility or any portion thereof. Acceptahce shall not
constitute a waiver of defects by City.
B. "Agreementll : This agreement, being a nevi
agreement in the place and stead of the original agreement dated
December 26, 1979.
c. flEDU": EDU is an abbreviation of -Equivalent
Dwelling Unit and is an approximation of that amount of sewage
~ -.--------,----. ~ .. -~.' .-. -. ,... ... ~ .. -~ _ ...... _--~ _ .... ---. ---..-.---~-----
i \ , _.J
which is discharged daily by an average residential dwelling
unit.
D. "EDL Line": EDL line is synonymous with the term
-
"fail-safe line" used in the original agr-eement and means any ' ..
effluent or excess effluent disposal line which would carry
effluent from the project to·the ocean outfall.
E. "Master Plan Area or Calavera Hills": Master plan
area or Calavera Hills shall include all areas defined in the
Lake Calavera Hills Master Plan (·MP-150(A}) on file with the
City and incorporated herein by.reference.
F. "MGD": Plant capacity e.xpressed in millions of
gallons per day.
G. "Original Agreement": That certain original
agreement between the parties hereto, dated December 26, 1979,
which agreement is novated and replaced by this agreement.
SECTION 2: NOVATION OF ORIGINAL AGREEMENT
That certain agreement between the parties dated
December 26, 1979, "the Original Agreement", is hereby
superseded and extinquished and ~his agreement shall establish
and control the rights and obligations of the parties in its·
place and stead.
SECTION 3: RELEASE FROM MORATORIA
Upon the execution of this agreement by the parties and
the delivery of the completed facilities to City, the City shall
3.
... ___ .J __ ~~_~ __ ~ ____ • __ • ___ ~ _______ ¥ ____ ~ ___ ....
,'~) \
-)
promptly undertake the steps necessary to remove the lands of
Developer within the Master Plan Area from the Planning moratoria
imposed by Chapter 21.49 of the Carlsbad Municipal Code. City' •
will immediately make available to Developer and Developer1s •
successors in interest sewage treatment capacity at the Encina
Treatment Plant on the same basis as any other property owners
in the City1s sewer service area.. The availa~ility of this
capacity is subject to the limitations of the existing system for
the· transmission of sewage to the· Encina Plant; provided,
however, that City shall not unreasonably discriminate against
Developer and Developer1s successors in interest in access to
transmission capacity.
SECTION 4: DELIVERY OF COMPLETED FACILITIES
Upon execution of this agreement by the parties,
Developer shall deliver to and offer to dedicate to City all
plans, land, rights-of-way, completed facilities, and Developer1s
"interests in the San Marcos Outfall Pipeline (hereinafter
IlCompleted Facilitiesll ). The Completed Facilities are described
on Exhibit "A", attached hereto and made' a part hereof by this
reference. Developer will transfer all rights, title and
interest in the Completed Facilities to City free and clear of
all liens and encumbrances, subject only to any rights expressly
reserved herein.
SECTION 5: WARRANTY
Developer shall fully guaranty and warrant all work on
the Completed Facilities for a period of one year from the
4.
)
date of this agreement. If within said warranty period any
structure or part of any structure furnished, installed, or
constructed, or caused to be installed or constructed by
-
Developer, or an~ of the work related t6~the completed
facilities, fails to fulfill any of the requirements of the plans
and specifications referred to in the Original Agreement,
Developer shall without delay and without any cost to City,
repair, replace, or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure. Developer
will be notified in writing of any deficiencies which must be
~orrected, but failure on the part of ~ity to notify Developer
shall not affect any of City's rights under this provision.
Developer shall commence repair of any defect or
deficiency within ten working days after notification by City.
The repairs shall be completed expeditiously and within a
reasonable period of time. If Developer fails to commence or
~omplete repairs within these time limits, City may undertake and
is hereby authorized by Developer to make, at City's option, the
repairs and assess the cost to Developer. Repairs pursuant to
this warranty shall be at the cost of Developer and no credit
shall be given therefor.
SECTION 6: RELEASE FROM FURTHER OBLIGATIONS
UNDER ORIGINAL AGREEMENT
Except as expressly provided herein, Developer shall
have no further obligations under the Origifial Agreement and, in
5.
particular, shall have no obligation to complete the EDL Line
nor the water reclamation facilities; provided, however, that
this release shall· not release Developer from liability for fees
-or charges, if any, for water reclamatio~ facilities which are
uniformly applied to all property owners within the City or
within the drainage basin.
SECTION 7: COMPLETION OF TAMARACK AVENUE RIGHT-OF-WAY
ACQUISITION AND IMPROVEMENT
Anything contained herein to the contrary
notwithstanding, Developer shall remain responsible for
completing the acquisition of Tamarack Avenue.right-of-way as
~hown on Exhibit "B" attached hereto and made a part hereof by
this reference, and for the improvement of same.
Developer's claim for reimbursement from other property
owners ~djoining Tamarack Avenue shall be presented to the City
Council to be resolved by it and its decision shall be final.
That matter is not a part of this agreement.
SECTION 8: CREDIT FOR PAST EXPENDITURES
In consideration of the construction and transfer of
the Completed Facilities, Developer shali receive a credit with
City in an amount equal to the audited and agreed upon costs
incurred by Developer to date, including construction interest, ~.
in an amount of $-2-,-8-59,-9"5-'1--;; $2,866,778.00 W in completing the facilities,
This credit will be availab~e to be drawn upon by Developer to ~
pay sewer connection fees for development within th~ Master Plan
Area.
6.
SECTION 9: CONNECTION FEES
The City agrees that the sewer connection fee for up to
a total of 1,000 EDU's of capacity for any development on
-
property wi thin "he Master Plan Area own~d by Pacific Scene, Inc.
shall be $1,000 per EDU. City will assign a portion of
Developer's credit balance in the amount of $1,000,000, to be
drawn upon by Pacific Scene, Inc. or their successors in
interest, to pay sewer connection fees. The sewer connection fee
for other developments on property in. the Master Plan Area shall
be the fee generally applicable to devel9pment of the same type
-elsewhere in the City's sewer service area.
until such time as Developer's credit is exhausted,
City shall not issue sewer permits for development in the master
plan area to other than Developer without either written
assignment of credit or written notification from Developer that
sewer permits may issue without credit. Developer, in
exercising his rights under this section, shall not require
other developers to pay more for sewer capacity than the current
city charge.
SECTION 10: SUCCESSORS AND ASSIGNS
The covenants and agreements contained in this agreement
will be binding upon and insure to the benefit of' City and its
successor? and assigns, and Developer and its successors and
assigns; provided, however, Developer shall not convey, assign or
otherwise transfer its rights or obligatio~s hereunder without
the prior written consent of the City.
7.
!) \
SECTION 11: ASSIGNMENT OF CREDIT
In the ev~nt Developer sells portions of the property
within the Master Plan Area to other par~ies who become the
developers thereof, the credits availabl~pursuant to this
agreem~nt may be assigned by Developer to satisfy the obligations
of such developments for the payment of sewer connection fees.
Such assignment shall be in writing to the City indicating the
amount of such credit to be made available.
No assignment shall be made without prior written
approval of City. City reserves the right to limit the
assignments so as not to be required to account for multiple
assignees under circumstances which may create an administrative
burden for City.
SECTION 12: RESERVATION OF CAPACITY IN·LCH
SEWAGE TREATMENT PLANT
City shall reserve sewage treatment capacity in the Lake
Calavera Hills Sewage Treatment Plant for Developer to the extent
of 41.77% of the rated capacity of the plant. The parties
·contemplate that the rated capacity of the plant may increase or
decrease as conditions change and that D~veloper's reserve
capacity may increase or decrease accordingly. Determination of
rated capacity for the purpose of this agreement shall be in the
sole discretion of the City Council. The parties understand that
this facility will not be available for use until the EDL line is
completed in its entirety. This reservation of capacity in the
. LCH Plant does not constitute a guaranty· that sewage treatment
8.
will in fact-be available to serve the Master Plan Area. Any
connections made from development in the Master Plan Area to ,the
Encina Treatment Plant will be deducted from the capacity reserved
for Developer at the Lake Calavera Hills Plant.
Capacity reserved for Developer shall not be used for
any development other than development within the Master Plan'
Area.
SECTION 13: DEVELOPMENT SUBJECT TO ORDINANCES
Nothing in this agreement shall exempt Developer from
any local building or zoning ordinances. Developer shall be
subject to any existing or future zoning, building o~ other laws
established or adopted by-City to regulat,e the location,
quality, quantity, pace or other aspects of development in City.
Developer shall also be subject to all general plan requirements
'of t~e Gity, including any proposals adopted to implement any
element of the general plan and to the Lake Calavera Hills
Master Plan conditions.
SECTION 14: COMPLETION OF EDL LINE
The timing of the construction by the City of the EDL
line shall be at the discretion of the City. The City
-contemplates undertaking to complete the line under the same
terms and conditions as any other City capital improvement
project as dictated by the needs of the City and available
financing.
9.
i
I
II
II II
SECTION 15: DEVELOPER'S OPTION TO COMPLETE EDL LINE
A. Developer's Option:
If the City or Developer determines that sewer
-service is not available to the Master P~?n Area and it becomes
(00
necessary for Developer to use the capacity reserved °in the Lake
Calavera Hills Plant to serve such area and if the City is not
prepared to construct the EDL line, Developer shall have the
option, subject to the terms of this section, to complete or
cause to be completed the EDL line. Developer shall notify City
in writing of his intention to elect to exercise this option and
secure the consent of City before proceeding. The actual cost of
completing the EDL line will be added tooDeveloper's credit with
the City.
B. Cost Estimate:
No laier than the time of submission of the pians and
specifications, Developer shall submit a detailed itemized cost
-estimate for the EDL line and an estimated completion date. City
shall act upon the cost estimate and completion date no later
than thirty days after submission of suchoestimate in a complete
and approvable form. Upon approval of such estimate and dateo by
the City, they shall become a part of this agreement~
C. Actual Cost To Build The EDL Line:
Actual cost to build the EDL line shall mean the sum
total dollar cost of actual expenditures for construction
including, but not limited to, labor, materials, plan checking,
10.
engineering, surveying, design, interest during the construction
period of the EDL line on borrowed funds necessary for the actual
construction of the EDL line, fees for applicable permits, costs
-
attributable to land, rights-of-way or other interests in real
-:-.
property necessary for the EDL line not to exceed the fair market
value at the time of acquisition or acceptance of the EDL line,
whichever is less, and other costs necessary for the construction
in a good workmanlike manner in accordance with the plans and
specifications, but not including any preli.minary reports,
studies, attorney's fees or other such charges. Actual costs to
build the EDL line shall be documented to the satisfaction of the
City and shall be approved by the City Council.
D. Cost Limitation:
The actual cost to· build the EDL line shall not exceed
the estimates as approved pursuant to Section 15(B) above. Any
difference between actual costs and the estimates shall be
absorbed by Developer and shall be di~regarded for purposes of
the credit. Notwithstanding the fact that construction may
extend past the estimated completion dat~, construction interest
accruing after that date shall not be included as part of the
actual costs and shall be disregarded for purposes of the -
credit.
11.
" .
\ )
E~ Risk of Development Prior to Approval of Developer:
City shall have no obligation to give Developer any
credit until the cost estimates required by Section 15(B) are
approved by City. Developer shall bear the full risk of any
~
loss occasioned to Developer because it commenced construction
prior to approval of the estimates. Developer shall receive no
credit and shall have no recourse against the City for any l~ss
occasioned to Developer because the estimates were not approved
or the agreement was otherwise terminated by Developer prior to
completion and acceptance of the project by the City.
F. Cost Monitoring:
In addition to. t~e rights stated elsewhere in this
agreement, City shall have the right to monitor all costs for
the project. Developer shall provide City with all receipts,
invoices, bills or other information requested by City to aid in
the cost monitoring.
G. Construction Agreement:
If Developer exercises his option and undertakes to
complete the EDL line, the following provisions of the Original
Agreement shall apply and shall become part of this. agreement:
SECTION 2: DEVELOPER'S OBLIGATIONS
A. Construct.
C. Dedication.
D. Warranty.
E. Acquisition of rights-of-way.
12.
',J
F. Permits.
G. Inspection.
H. Compliance with laws.
I. Compliance with the Precise Development
Plan. '" ".
J. Other responsibilities prior to acceptance.
SECTION 4: CITy1S OBLIGATIONS AND RIGHTS
B. Acceptance.
C. Inspection.
D. Cooperation.
SECTION 8: GENEP~L CONSTRUCTION
SECTION 16: SUBJECT TO FEES
Developer and the Master Plan Area are subject to all
City fees of general application including, but not limited to,
sewer connection, sewer service, line extension, pumptng plant
and water reclamation, on the same basis as other similarly
situated properties'within the City1s sewer service area, except
that Developer may draw upon his credit with the City to pay
sewer connection fees in accordance with this agreement.
SECTION 17: MISCELLANEOUS PROVISIONS
A. Indemnity of City:
Developer shall indemnify, assume the defense of, and
hold free and harmless, City, its officers, agents, employees
and any engineer, architect or other consultant utilized by City
on the project from any and all obligations, liabilities, liens,
claims, demands, losses, damages and expenses, of whatever type
13.
I I,
il II
II
ii
\ .
or nature including, but not limited to, attorney's fees and all
litigation costs ~rising out of Developer's design or
construction of the proposed facilities or any other act or
-
omission to act by Developer, its agents i' servants, employees,
'-
invitees, or independent contractors which are required by this
agreement.
Notwithstanding the foregoing, the indemnity agreement
created by this section shall not indemnify the City, its
officers, agents or employees against any liability arising from
the negligence or willful misconduct of City, its officers,
directors, agents, employees or independent contractors.
B. Developer not agent of City:
Neither Developer nor any of Developer's agen~s or
contractors are or shall be considered to be agents of City in
connection with the performance" of Developer's obligations under
this agreement.
C. Records:
City will maintain complete records of all connection
fees received. Such records shall be open to Developer upon
reasonable notice to City.
D. Payments on notices:
All notices, demands and requests which may be or are
required to be given or made by either party to the other party
shall be in-writing. All notices, demands and requests by
14.
, .
Developer to City shall be sent by united States registered
mail, postage prepaid, addressed to City as follows:
City Manager
City of Carlsbad
120l-Elm Avenue
Carlsbad, California 92008-
,
C" ....
All notices, demands, requests and payments by City to Developer
shall be sent by United States registered mail, postage prepaid,
addressed to Developer as follows:
Lake Cal avera Hills Associates
1207 Elm Avenue, &&~~e-~
Carlsbad, California 92008
Attn: Roy J. Ward
or to such other addressee and to such other place as Developer
may from time to time designate in written notice to City.
E. Arbitration of Disputes:
Any controversy or claim between the parties to this
agreement including, but not limited to, any claims, disputes,
demands, differences, controversies, or misunderstandings
arising under, out of, or in relation to this agreement, or any
alleged breach of this agreement, shall be submitted to and
determined by arbitration in accordance with the California
Arbitration provisions contained in Code' of Civil Procedure
Section 1280 et seq., as amended from time to time, except as to
those determinations under this agreement made in-the sole
discretion of-the City or its Council.
-15.
_' __ • .-<.o._~ ..... ~_",_j,~ _________ _
\ . () "-
. '') : . J
Subject to the provisions of Code of Civil Procedure
.Section 1296, the arbitrator or arbitrators shall determine the
rights of the parties in accordance with the law and the award
shall be subject ,to review as to the arb~trator's application of
the law by any court having jurisdiction of the matter, whether
or not any mistake of the law shall appear upon the face of the
award. As to all questions of fact, however, the determination
of the arbitrator or arbitrators shall be binding upon all
parties and shall be deemed final and conclusive. Each p~rty
shall be entitled to written findings of, fact and conclusions of
law as to all issues determined by the award. Subject to the
above limitations, the award granted by the arbitrator shall be
binding upon all parties to the arbitration and judgment upon
. the award rendered by the arbitrator or arbitrators may be
entered in any court having jurisdiction over the matter.
F. Notice of Taxable Possessory Interest:
If this agr'eement results in the creation of a
possessory interest, and such possessory interest is vested in a
private party in this document, the private party may be
subjected to the payment of personal property taxes levied on
such interest.
G. Antitrust Claims of Developer or Successors:'
By entering into this agreement or any subcontract
pursuant to this agreement, Developer, each contractor, and each
subcontractor who performs work or who supplies goods, or
16.
(,. :)
materials in accordance with the terms of this agreement hereby
offers and agrees to assign to City all rights, title, and
interest in and to all causes of acti~n it may have under
-
federal or state antitrust law including~ but not limited to,
antitrust action any of them may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act
(Chapter 2 commencing with Section 16700 of Part 2 of Division 7
of the Business and Professions Code), arising from the
purchases of goods, services or mater~als p.ursuant to this
agreement or any related subcontract. T~is assignment is made
and becomes effective at the time City accepts the proposed
facilities and land transfer without further acknowledgment of
the parties. Developer agrees to insure that a comparable
pr'ovision' is included in all contracts or subcontracts at all
tier levels which are executed pursuant to this agreement.
H. Venue:
In the event of any legal or equitable proceeding to
enforce the terms or conditions of this agreement, the parties
agree that venue shall lie only in the federal or state courts
in or nearest to the North County Judici?l District, County of
San Diego, State of California.
I. Modification: This agreement may not be alte-red in
whole or in part except by modification in writing, executed by
both parties to this agreement.
17.
!'
----'---'---~----
J. Attorney's Fees:
In the event any arbitration proceeding, administrative
proceeding or litigation in law or in-equity, including any
-
action for decla:atory relief, is brough~ to enforce or
interpret the provisions or performance of this agreement, the
prevailing party or parties shall be entitled to an award of
reasonable attorney's fees and costs associated with the
proceeding as determined by the court, the presiding officer, or
the arbitrator authorized to make a determination of the issues
in addition to any other relief to which the prevailing party
may be entitled.
In the event opposing parties have each prevailed on
one or more causes of action actually contested or admitted by
pleadings, discovery or prehearing documents on file, the
arbitrator or presiding officer may offset such fees and costs
between prevailing parties after considering the necessity of
the proceeding and the importance of the issue or issues upon
which each party has prevailed.
K. Right of City to Inspect.
Both parties to this agreement understand that City
intends to approve, or inspect and approve, all phases of tiesign
and construction of the proposed facilities. Developer shall
supply City with such information as City deems necessary from
time to time in City's sole discretion to properly review all
design and construction phases of the contract and to provide
18.
>,
". .~ " .)
'~'
City with the opportunity to inspect the proposed facilities
from time to time upon request.
L. Section Headings and Interpretation:
All clauses contained in this agreement shall be
interpreted in a manner which renders them valid under
applicable provisions of state or federal law to the maximum
feasible extent. By Resolution No. 5871 the City Council, of
City, approved a Precise Development Plan f?r the development of
the sewage treatment facility and all necessary appurtenances.
The provisions of the Precise Development Plan as adopted by
Resolution No. 5871 shall prevail over any inconsistent
provisions of this agreement.
The headings of sections herein are used for
convenience only and shall not affect the meaning or the
contents thereof.
M. Approval by City:
Except as otherwise expressly provided herein, approval
by City shall mean written approval by the City Manager.
N. Risk of Loss:
Prior to acceptance of the project, the risk of loss
shall be on Developer.
19.
j
i
\11 II: \11 :t
IN WITNESS WHEREOF, the parties have executed this
agreement in duplicate as of the day and year above-written.
ATTEST:
TO 442 C
(Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On January 20, 1982
} 55.
CITY OF CARLSBAD, a municipal
corporation~f the State of
California ::.
C. PACKARD, Mayor
LAKE CALAVERA HILLS ASSOCIATES,
a ca~lifO °a partnerSh~p d BY~i.~~ ?~~7~ By ____________________________ ___
before me, the undersigned, a Notary Public in and for said State, personally appeared, ________ _
RoyJ.Ward
____________________________________________ knowntome
~ to be-1:b.e~e.raLof-Hl.e-partner!!" of the partnership
~ th~t executed the within instrument, and acknowledged to me
VI that such partnership executed the same. OfFICIAL SEAL
KAREN R. STEVENS
Notary ·Public -California
Principal Office In
San Diego County
My CommisSIon Expu .. Sept 27. '~5
(This aroa for omelal n~larlal seal)
20.
II i I
11
II
LEGAL DESCRIPTION FOR LAKE CALAVERA HILLS SEWER TREATMENT SITE
EXHIBIT "A"
ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT "J": THENCE
ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
LOT "J" , SOUTH 01°42'41" WEST 1094.02 FEET TO THE SOUTHERLY
LINE OF THE LAND DESCRIBED IN PARCEL 3 IN DEED TO DON K. BOWKER
AS TRUSTEE OF THE MARTHA KILLEFER TRUST UNDER TRUST AGREEMENT
DATED FEBRUARY 27, 1962, SAID DEED BEING RECORDED SEPTEMBER 8,
1976 AS FILE PAGE NO. 76-294345 OFFICIAL RECORDS OF SAID COUNTY:
THENCE ALONG THE BOUNDARY OF SAID PARCEL 3 AS FOLLOWS: NORTH
89°25'10" WEST (DEED-NORTH 89°22'33" WEST) 1769.82 FEET TO THE
SOUTHWEST CORNER OF SAID LAND: THENCE ~ORTH 0°34'50" EAST (DEED
NORTH 0°37'27" EAST) 1093.81 FEET TO A POINT ON THE SOUTH LINE
OF SAID LOT "J", B·EING THE TRUE POINT OF BEGINNING: THENCE
CONTINUING NORTH 0°34'50" EAST 660 FEET: THENCE AT RIGHT ANGLES
NORTH 89°25'10" WEST 300.00 FEET: THENCE AT RIGHT ANGLES, SOUTH
0°34'50" WEST 660.00 FEET: THENCE AT RIGHT ANGLES SOUTH 89°25'
10" EAST 300.00 FEET TO THE TRUE POINT OF BEGINNING.
r
Citra L St ...
r
City a
St ... L
"ECORDING REQUESTED BY
CITY OF CARLSBA~ . 1964
AND WHaN RIrCORDIID MAIL TO
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD CA 92008
MAil fAX IfAfIMIHlS fO
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD CA 92008
-,.
8 2 -R2ctR~~~ I~~
r;;FICIA'\L F\ECORD3 rOfO[A~J 01:'[0 C(J~.HTY. CA.
1982 J.\~l 20 PI1 3: I 7
I VERA L. LYI f
COU.'IT'( nEcc;-:D2~ -
NO FEE _________________ -=-___ SPACE ABOVE THIS LINE FOR RECORDER'S USE----
Partnership Grant Deed
TO 1925 CA (12-76) THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. 167-1 OO-?~
The undersigned grantor(s) dec1are(s):
Documentary transfer tax is $._--'N"-'iw1'--_______ _
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( )Unincorporatedarea:( x)Cityof Carlsbad ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAKE CALAVERA HILLS ASSOCIATES
a General partnership organized under the laws of the State of
hereby GRANTS to
CITY OF CARLSBAD, a municipal corporation
the following described real property in the City of Carl sbad
County of San Diego , State of California:
LAKE CALAVERA SEWAGE TREATMENT PLANT SITE, including all improvements,
fixtures and appurtenances thereon, which site is described for con-
venience sake on Exhibit "A" attached hereto and made a part hereof.
Dated:~ at:? 1'l97--~~u,~.
By ~A --p~ Partner STATE OF :uRNIA } ss.
r""-'''''TV OF_ SAN nmf.n
On January 20 I 1982 before me, the under-
signed, a Notary Public in and for said State, personally appeared
Roy J. Ward
known to me to be the general :ef..~ partneRl-of the
partnership that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Title Order No.
By V ~f~,
OFFICIAL SEAL
KAREN R. STEVENS
Notarv PIIbIic -Cllifomia
PrintipiI Offiee In
Sill IJiIgc CcUllty
~ CCITllnlI ..... c ... So,! 27 1~
(This area for official notarial seal)
Escrow or Loan No.
Partner
1966
CERTIFICATION FOR' ACCEPTANCE OF DEED
This is to certify that the 'interest in real property
conveyed by the deed or grant dated January 20, 1982
from Lake Calavera Hills Associates
to the City of Carls~ad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. ___ 6_6_6_3 ____ , adopted
on Novenber 17, 1981 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED:
January 20, 1982
rk
..
, .. 19-65
EXHIBIT IIAII-
PARCEL IIAII OF PARCEL MAP NO. n~t>8 RECORDED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON t-!D·t~8~
.';
.'" , -.-:' ~ ~ .. , .... ;,
r
S.r ...
!oddr ...
City" S,o'. L
City &
f
Stgl. L
RECORDING REQUESTED BY
rtlTY OF CARLSBAD
AND WHEN RI&CORDII:D MAIL. TO
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD CA 92008
MAIL TAX STATtMINTS TO
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD CA 92008
.,
.J
------------------.....;:...----SPACE ABOVE THIS LINE FOR RECORDER'S USE--~-
Partne.rship Grant Deed
TO 1925 CA (12-76) THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. 167-100-23
The undersigned grantor(s} declare(s):
Documentary transfer tax is $._..:.n.:..;i:....l'--________ _
( ) computed on full value of property conveyed, or
(
(
) computed on full value less value of liens and encumbrances remaining at time of sale.
)Unincorporatedarea:( x)Cityof Carlsbad ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAKE CALAVERA HILLS ASSOCIATES
a partnership organized under the laws of the State of
hereby GRANTS to
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
the following described real property in the
County of SAN D I EGO
CITY OF CARLSBAD,
, State of California:
LAKE CALAVERA SEWAGE TREATMENT PLANT
All as shown for convenience sake on Exhibit lIN' attached hereto
and made a part hereof.
Dated: __________ . __
STATE OF CALIFORNIA }
_____________ SS.
By, _____________________________ _
COUNTY OF Partner
On before me, the under-
By _____________________________ _
signed. a Notary Public in and for said State, personally appeared
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature' _________________ ~--
(This 3 rea for olficial notarial seal)
TWe Order No. Escrow or Loan No .. _
MAil TAX STATEMENTS AS DiRECTED ABOVE
Partner
LEGAL DESCRIPTION FOR LAKE CALAVERA HILLS SEWER TREATMENT SITE
EXHIBIT "A"
ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT "J": THENCE
ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
LOT "J", SOUTH 01°42'41" WEST 1094.02 FEET TO THE SOUTHERLY
LINE OF THE LAND DESCRIBED IN PARCEL 3 IN DEED TO DON K. BOWKER
AS TRUSTEE OF THE MARTHA KILLEFER TRUST UNDER TRUST AGREEMENT
DATED FEBRUARY 271 1962, SAID DEED BEING RECORDED SEPTEMBER 8,
1976 AS FILE PAGE NO. 76-294345 OFFICIAL RECORDS OF SAID COUNTY:
THENCE ALONG THE BOUNDARY OF SAID PARCEL 3 AS FOLLOWS: NORTH
89°25'10" WEST (DEED-NORTH 89°22'33" WEST) 1769.82 FEET TO THE
SOUTHWEST CORNER OF SAID LAND: THENCR NORTH 0°34'50" EAST (DEED
NORTH 0°37'27" EAST) 1093.81 FEET TO A POINT ON THE SOUTH LINE
OF SAID LOT "J", BEING THE TRUE POINT OF BEGINNING: THENCE
CONTINUING NORTH 0°34'50"' EAST 660 FEET: THENCE AT RIGHT ANGLES ° " NORTH 89 25 1 10" WEST 300.00 FEET: THENCE AT RIGHT ANGLES, SOUTH ° ° o 34'50" WEST 660.00 FEET: THENCE AT RIGHT ANGLES SOUTH 89 25'
10" EAST 300.00 FEET TO THE TRUE POINT OF BEGINNING.
13.322el
3.4,
3.41
Modifying Linear Spaces by means of Architectural
Composition
As mentioned in section 3,315, the length of Urban Spaces must be
carefully controlled. It is often difficult to adequately restrict the actual
visual lengths of linear spaces in order to relate them to the human
scale and speed of pedestrian movement.
In these circumstances, it is'essential
(a) TO REDUCE THE APPARENT LENGTH as far as possible, and
(b) TO COMPENSATE FOR ANY MONOTONY BY ADDED VISUAL
I NTER EST in the architectural compositions. .
Reduction of apparent length can be achieved by dividing an overlong
linear space into a series of 'sub-spaces' by subtle variations in the
width of the street and the alignment of buildings.
Long and monotonous linear space, unrelated to the human scale
and speed of pedestrian movement.
ff·:?:;';:::/fir::;:i:i::::t:::::::i:;:i.i:i::::::::r::·:.: .... :.:.::.:.::: .... :::::::::.):;:;:::: ::·:·:::;:F!:::/:.:{/::::!'-';:;:::::::-:::::;;t:j:;·::::::t:;::;):j:;;::~::'::::':::;:':::i':"::"::::;Z:':::;;::~
: A : B: C : 0 : E :F: ~ B.~:~::,:,::::.::.:::.::f.~~i~::.: ....... i, .. :::::.:;:.::::: .. :::·:i: .. :: .. ::::!::'·:~:~i;J;E:;i:~:(::rF:i::i:.;:i:·:~:(3:::?ki:Vt~}/:~.?":.~r.:m
The monotony of linear space fig3.322d is relieved by the creation
of a series of sub-spaces fig3.322e Spaces C and 0 are reasonably
dynamic. A B, E and F are more static. The relative heights of the
buildings may modify this. The individuality of the spaces may be
further emphasised by change in architectural character.
All these are facets of the urban design framework, essential to creat-
ing good townscape.
The policy therefore is as follows:
The Principles of Spatial Organisation (3.1)
New housing areas shall create a visually satisfactory
environment, achieved by employing either the principles of:
(i) buildings set within a dominant landscape of a character
indigenous to Essex; or
(ii) built forms set to satisfactorily enclose spaces of
individual identity.
Design of Buildings within
the Urban Frarnevvork
Regional Character
The principles outlined in the preceding section, governing urban
places, may be observed in historic settlements anywhere in this
country. However, the particular character of towns change, as one
moves from one part of the country to another.
This is not because different urban principl~s are used, but it is due to
the regional differences in the architecture forming the 'planes of the
spaces', (although prevalence of certain types of space in particular
localities may occur due to social, geographic and climatic influ-
ences).
The regional differences arose out of the need to build in the materials
available in the locality, using details appropriate to those materials;
transport of materials from one area to another being either very diffi-
cult or uneconomic.
71
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Pftp..,. r:!2' .. H".:!ing return to: .... {' ...... , ' , • City of' Carl sbad
1200 Elm Ave.
Carlsbad, CA 92008 AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
·PAYMENT OF ·A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 16th day of December
19 ~I by and bet~veen
Roy J. Ward, General Partner
(Name of Developer)
a Lake Cal avera· Hills Associates
,(corporation, partnership, etc.).
hereinafter referred to as "Developer" who~e address is
1207 Elm Avenue, Suite D
(Street)
Carlsbad, CA. 92008 ------------~------~----~~----~------~----~~-------------------, (City, state, zip code)
and City of Carlsbad I
(Name of Legal Owner)
Municipal Corporation
(Corporation, etc.)
-hereinafter referred to as "Owner" whose address is
1200 Elm Avenue -----------------------------------=~--~-----------------------------' (Street)
Carlsbad, CA. 92008 --------------------------~~------------~----~~-------------------, (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 Elm Avenue,
Carlsbad, California, 92008.
RECITALS
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as· "Property" i and
,'e
\ /
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows: ------
Wastewater Treatment Faci 1 i ty
on said Property, which development carries the proposed name of
City of Carl sbad, Sewer Pl ant and is ---~----------~-----------------------------------------
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 11 th day of.--:.A~p;..:...r...:..i..:...l _____ ,.
19~, with the City a request for a zone change (P-U) Planning
Commission Resolution No. 1.510
(hereinafter re·ferred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all p1lblic faciii ties
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 incorporated by this reference);' and
WHEREAS, Developer, Owner and City recognize the correctness
of Council Policy No. 17, dated August 29, 1979, pn fil e with the City C1 erk
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 Developmenti and
WHEREAS, Developer and Owner have asked the City to find that
public facilities and services wil~ be available to meet the future
needs of the Development as it,is presently proposedi but the
2.
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Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, "Developer and
Owner propose "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 and OWner shall p,ay to the City a public
facilities 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 development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit 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 Chapt"er 20.44 of t;he Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
build~ngs or structures 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 Municipal Code. Condominium shall include
community apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and entitlement for use" as '.
3.
, , .'. •
used ih this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for
the construction of underground or street improvements unless no
. -
other permit is necessary prior to the use or occupancy for which
the development is intended. Developer and Owner' shall pay to
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. A credit toward such
fee shall be given for land which ha~ 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 and Owner 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 and
OWner offer to donate a site or sites for p?blic 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 beco~e 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 ~he fee paid pursuant hereto are
required to ensure the consistency of the Development with the
4.
, ,
City's General Plan. If the fee is not paid as provided herein, the
City ~ill not have the funds to provide public facilities and services,
and th~ Development will not be consistent' with the General Plan and
any approval or permit for the Development shall be void. No building
or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to provide
the facilities and sufficient funds from the payment of this and
similar public facilities fees are available.
5. City ,agrees to provide upon request reasonable assurances
to enable Developer and Owner to comply with any requirements of
other public agencies as evidence of adequate public facilities and
services sufficient to accommodate the needs of the Development·
herein described.
6. All obligations hereunder shall terminate in the event
the Requests made by Developer and Owner 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
suqh 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,
~ .
5.
enclosed in a sealed envelope, addressed tq the City for attention
of the City Manager, postage prepaid and certified.
7.2 .If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
.Mail,. enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to O'\vner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other address as may have been designated,
postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to
the benefit of, and shall apply to, the respective successors and
assigns of Developer, Owner and the City, and references to Developer,
Owner 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 Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereund~r.
At such time as Owner ceases to have apy interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger .to this agreement, such successor has
• first assumed the obligation$ of Owner in writing in a form
6.
'e
acceptable to City.
9. This agreement shall be recorded but shall not create a
lien or security interest on the property. When the obligations of
this agreement have been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
City of Carlsbad
."
ATTEST:
ALETHA.L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
DEVELOPER:
Ti tIe General Partner
ay ________________________________ ___
Title ----------------------------------
CITY OF CARLSBAD, a municipal
corporation of the State of California
By ____ ~~~~~--------------------------City Manager
(Notarial acknowledgement of execution by DEVELOPER and O~VNER must
be attached.)
.,
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STATE OF CALIFORNIA }
COUNTY OF.B.an-Dj ego SS.
0,'1 December 22. 1980 before me,
r the undersigned, a Notary Public in and for said County and State,
pdrsonallY appeared ROY J. WARD
(
I
Anita raCk Murphy
m SAFECO
FOR NOTARY SEAL OR STAMP
OFFI(IAL StA.L
ANITA DACI{ MURPHY
Notary Public. Calif
Principal Office In
SAN DIEGIJ COUNTY
My Commission Expires Nov. 4, 1983
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EXHIBIT II All
LEGAL DESCRIPTION
A portion of lot J, Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County
of San Diego, State of California.
Beginning at the southwest corner of Carlsbad Tract No. 76-12; thence N 00 34 i
50 11 E. 1093.81 feet to the True Point of Beginning (Southeast corner Wastewater-
Treatment Plant); thence N 0° 34 1 50" E. 660.00 feet; thence N 89° 25 1 1011 West
300.00 feet; thence S 0° 34 1 50" W 660.00 feet; thence S 89° 25 1 10" E 300.00
feet to the True Point of Beginning. Containing therein 4.545 Acres.
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.f:' '. -, .. , 'HECORDING REQUESTED " . '2354 '. -BK 12 ~ 80PG ~ 30;2
•• ' ';-,I' BY AND MAIL TO
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r.ECORi)i:D IN OFr-ICtAL REcor;o:;
OF ORA:-JG£ COUNJY. CALIFORNIA.
A2 ~Q PM APR 11977
!; WYUF. CARLYLE. County Rocorder
THIS CERTIFICATE OF LIMITED PARTNERSHIP is prepared and
recorded under Section 15502 of the California Corporations
Code~
10 The 'name of the Par~nership is LAKE CAlAVERAS
HILLS ASSOCIA'1'ES.
2~ The character and general nature of the business
'to be conducted by the Partnership is to acquire, subdivide, ( ,
r
develop, and sell a certain parcel of unimproved real property'
described in Exhibit "A" attached hereto and made a part
hereof f and to do all things necessary, related or incident'al
to said purpose, as may be dete'rmined from time to time by
the General Partner.
'3. The principal place of business of the Partnership
shall be 4321 Birch Stree'c, Newport Beach, California 92660Q
4 ~ The name mid place of residence of each mel'aber of
the Partnership are as follows:
General Partner: Roy J. Ward
4321 Birch Street
Newport Beach, California 92660,
Limited Partner:' Don N. Bowker,
as Tr.ustee of the
Martha Ki11ifer Trust
343 "Bn Street
Oxnard, California 93030
5., The term of the Partnership shall cownence on
August 20,1 1976, and shall continue for ten (10) years
thereafter.
The Limited Partner shall contribute cash in an
amoun't equal to the balance of the Development Loan funds
available for'contri.bution to the 'Partnership under'the pro-',{
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visions of Article VIII of that'certain Option Agreement
dated August 20, 1976, between Don N. Bowker a~ Trustee of
the Martha Killifer Trust under Trust Agreement dated
,February 27, 1962, as Seller, and Roy J. Ward as Buyer •
The additional contributions agreed to be made by
. the Limited Partner and the time at' which or events on the
happening of which.the additional,contributions shall be
:made are as follows: If the General Partner decides that
additional capital must be contributed, he shall notify the
Limited Partner in writing, and \'lithin thirty (30) days
after notice is given the Limited Partner shall contribute
such additional cash up to a maximum·of TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00), subject to the availability
of such additional funds being obtained through the Develop-
ment Loan referred to in that certain Option Agreement dated
August 20, 1976, between Don N.· Bowker as Trustee of the
Martha Killifer Trust under Trust Agreement dated February 27,
1962 ~ as· Seller, . and Roy J.~ lrVard as Buyer.
8. . The contribution of the Limited Partner shall be
returned only from the annual net receipts of the partnership,
as defined, if and when such.annual net receipts exist.
. -90 The Limited Partner, by reason of its contribution;
shall sha~e in the income and prof1ts of ,the Partnership as
follo'l,.t"s:
(a) All net receipts, as defined, shall be allocated
. to the Limited Partner until the aggregate of all alloca-
Itions of annual net receipts to the Limited Partners for all
calendar years including the calendar yea~ for which. the
allocation is being made equals one hundred percent (100%)
of all contributions made by him 1;.0 the capital of the
·'r
Partnership.
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,. 751 BK 121 ~OPG 1304
(b) If any net receipts remain after the alloca-
tion is provided for in paragraph (a) above, and after the
j -I
General Partner has received FIFTY THOUSAND DOLLARS ($50,000.00) •
or-such other amount as may be determined as the contribution
of the General Partner by.reason of his contribution of said
real property, such remaining net receipts shall be allocated
sixty percent'· (60%) to the General Partner and forty percent
(40%) to the Limited Partner.
10. The Limited Partner sh~ll. not be entitled to' sell,
assign, transfer, convey, pledge, encumber, hypothecate.or
otherwise dispose of his i~terest in the Partnership· unless
he shall have first complied with the following. provisions;
and any such purported sale, assignment, transfer, conveyance,
'pledge f encumbrance, hypothecation or other disposition not
"made stri"ctly in accordance with the following provisions
shall be entir-ely.null and void.
(a) Should the Li~mited Partner desire to sell,
assign: transfer or convey all or any part' of his interest
in the Partnership to any person seeki~g to become a sub-
stituted Limited Partner \'lho shall make an offer for the
purchas~ ther80f (hereinafter. referred to as the "Outside
Purchaser") the Limiteq Partner (the "Selling Partner")
shall send a written notice to the General Partner, by
registered or certified. mail, setting forth' the name and
address of the Outside Purchaser, the purchase price and the
terms of the proposed sale. Upon the receipt of said notice
and statement, the General Partner shall have five (5) days
to approve or disapprove the Outside Purchaser in writing,
which approval or disapproval shall be 'in his sole and
absolute discretion. In the event that the General Partner
.~
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disapproves the Outside Purchaser, any sale, assignment,
transfer, conveyan~e, pledge, encumbrance or other dis-
position of the Selling Partner's interest shall~be null and
void.
(b) In tqe event the General. Partner approves an
Outside Purchaser, such Outside Purchaser shall be entitled
to be' admitted to the Partnership as a suhstituted Limited
-Partner provided that the following conditions are complied
'Vlith:
(1) . The General Partner shall approve of the
"form and content of the instrument of assignment.
(2) The assignor and'assignee or' assignees
named therein shall execute and acknowledge 'such other
instrument or instruments as the General Partner may
deem necessary or desirable to effectuate such admission •
. . (~) The assignee or assignees shall in
writing accept and adopt all of the terms and pro-
visions of this Agreement, as the same may have been
amended.
(4) Such assignor shall payor obligate
hi~self to pay, as the General Partner may determine,
all reasonable expenses connected with such admission,
including but not limited to, legal fees and costs
(which costs may include, for example, the cost of
filing and publishing any amendment to the Certificate
. of I,irnited Partnership and amendment to the Certificate
.' of Fictitious Name to effectuate such admission); and
(5) The assignee or assignees shall file
with the Partnership, if required by the General Partner,
such proof of age as the Gener~l·Partner.may deem
l'
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necessaryc J;n no event shall a limited partnership
interest, or any portion thereof, be assigned or trans-
ferred to a minor or incompetent. Any such attempted
assignment or transfer shall be 'null, void and inef-
fectual.
11. Except as otherwise spec~fically provided in the
L~i ted Part,nership Agreement, the General Partner shall not
have the right to admit additional limited partners.
120 Upon the death, retirem~nt, or insanity of the
. ,General Partner, the Partnership shall dissolve.
r,13. No ri9ht is given the Limited Partner to demand
and receive property other than cash,for his contribution.
14. Without the written consent of the Limited Partner,
,the General Partner shall not: (a) do any act in contra-
,'vention of the Limited Partnership Agreement in its present
. form or as arne,nded i, (b) do any act which would make it
impossible to carryon the ordinary business of the Part-
nership; (c) confess a judgmerit against the Partnership; (d)
possess Partnership prope:cty in ,his individual n~rne or
assign his rights in specific Partnership p'roperty for other
than a Partnership purpose; or (e) admit any other person,
firm or corporation as a-General Partner 0
IN WITNESS WHEREOF, the General Partner and the
I'll
Limited Partner have ~dgn.e¢t this Certificate this, / Z -
day of November, 19760 £.1: (j ?AJ cui
ROY J. WpRD f
"General Partner"
J:iz;;zz. ~,L
DON N. BOWKER, Trustee of the
Martha Ki11ifer Trust under
Tr~st Agreement dated
February' 27, 1962
"Limited Partner"
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BK 1.2130PS i 307
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STATE OF' CALIFORNIA .) , . . ') SSD
COUNTY OF ORANGE )
on'tntVtd Zt:} , 197fl, ,befor:e me, the und'ersigned, a
Notary Public in and for said State, personallY,appeared
ROY J. WP.RD, known to me to be the person whose name is
SUbscribed to the \'lithin instrument. and acknowledged that
he executed the same.
WIT1~ESS my hand and ',official sealo
~~~~~~~,.~~v~~~~~~
OFFICI/\T., ~&AL
LiL:":-JE J. VJi!'SOi~l
NOiN~Y PU8L1C • C/l.L:=ORNIA
ORl,: !:":E CC'"',,":'Y
STATE OF CALIFORNIA )
J ' ) COUNTY OF V~~ )
SSe
Public
t 1976, before me, the undersigned r
a Notary Public in and tor said State, personally appeared
DON N. BOWKER, knovln to me ·to be the Trustee of tpe Mart~a
'Killefer Trust; and q.cknowledged t.o me that he eXecuted the
same on behalf of the Tr~st.
WITNESS roy hand and official sealo
~ke4I4v~
Notary Public
OFFICIAL SEAL -=11 Nog~~~~~/:'C~l~~~IA I
PRINCIPAL OFFiCe: IN
VENl'URA COUNTY j
My Comm. Expires lan. 19. 1977 :
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