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HomeMy WebLinkAboutPCD 40; RICHARDSON BROS. CONTRACTORS; Planning Commission Determination (PCD)ALDCPTO1 REQUEST O Zone Change 0 l?recise Development Plan o General Plan Amendment 0 Specific Plan o Tentative Tract Map 0 Site Development Plan O Major Planne[ Development 0 Conditional Use Permit o Minor Planned Development 13 Master Plan 0 Variance 1PlannJ-ng Commission Determination 0 Major Planned Development Conversion 0 Seçaçl USe Permi .0 Aciminis Lrative Variance Complete Description ot project (attach additional sheets if necessary) &dditIOn td éi tiñgtj a1 hip o • service stalls and a new prt buildin Location of Project 424 Paseo Del Norte........... .... 3-qal D,esrription (complete) arce± t of Parcel Map No1 8651 file in the off-ice , of the County Recorder April 2011979 . . . . Parcel Nunber .......................... 7-Assessors 211-060-16 ....S Zone General Plan Existing Land Use C-2 . .. . R P E Automobile Dealership Proposed Zone Proposed General Plan Site Acreage 126,000 square feet, Owner . (Print orrr3 Applicant Name (Print or Type) -- . Louis V. Jones - Ri chardonBQ __. Mailing Address Mailing Address 1249 Oasis Drive .. Box 1211 . city and State Zip Telephone City and State Zip Telephone Escondido_CA 92026 438-2000 Carlsbad, CA 92008 _729-0981 I YTHT I AM Th' =GAL OtNER AND I CERTD'Y THAT I AM THE OWNER' S PEPPESENTIVE THAT ALL THE ABOVE INFoRMATIaT IS TRUE AND THAT ALL THE ABOVE INFOF1ATION IS TRUE AND CORRECT ¶[O THE BEST OF MY KNONUTGE AND CORRECT TO THE BEST OF MYCWLECGE 7,. ,& Dcte A. ip .ca(1.on Rec d eeiveQ / . 17 .. .. ---Foes ri ed Receipt 'io• L.it j C'dLLO C 13 LX ..1 .___4 Rim IN I i~' - -6~~ 4 Imi I Mla UTU LM S S APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate me.jnber. Should the corpor - ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it, If after the information you have submitted has been reviewed, it is determined "tha- further information required, you will be so adv APPLICANT: L0Uas V. Jones Name (individual, partnership, joint venture, corporation, syndication) 5421+ Paseo Del Norte Carlsbad, Ca. 9200 Business Address 438-2000 Telephone Number - - AGET: :Richardson Name 268 State ClsbaA92OO8_.• - Business Address 729-0981 Telephone Number - - - -. MEERS: Name '(individual, partner, joint Home Address venture, corporation s syndication) • Business Address - - Telephone Number Telephone Number Name •. Home Address Business Address • - - Telephone Number - Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. PICBARDSON BROS. CONTRACTORS BY Applicant _ Agent, Owner, Parner . - LLLL.IJ. L& COMP Exhibit "A" That portion of Lot 6 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7492, filed in the Office of the County Recorder of San Deigo County, November 30, 1972 described as follows: Beginning at the Northwesterly corner of said Lot 6; thence along the Northwesterly line of said Lot 6, North 67°30'38" East, a distance of 366.94 feet to the most Northerly corner of said Lot 6; thence along the Northeasterly line of said Lot 6, South 22°29'22" East a distance of 303.24 feet; thence leaving said Northeasterly line South 6730 1 38" West, a distance of 494.94 feet to the Westerly line of said Lot 6; .2 -27-73 thence along said Westerly line, North 00°23'44" East 329.15 feet tothe -512895 Point of Beginning. 9-7-76 554527 :-9703 ~ It 4 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 limits 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 of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 Minor Planned Development (4 or less units) 1. Application Form 2. General Requirement Items: - three (3) copies of items A-D - items K, L, 0, P, Q 3. Conversion to Condominiums - list of names and addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 + $1.00 per unit NOTE: Tentative Parcel Map Required Site Development Plan 1. Application Form 2. General Requirement Items - thirteen (13) copies of items A-D items E-L, 0, P, Q 3. Fee: $350.00 Conditional _Use Permit/Special Use Permit 1. Application Form 2. General Requirement Items: - thirteen (13) copies of items A-D - items E-Q (items M,N & 0 not required for Special Use Permit) 3. Fee: $400.00 Variance 1. Application Form 2. General Requirement Items: thirteen (13) copies of item A - items E, G, H, J-N, I if applicable, and P (see Title 19. Environment) 3. _4-Fee: Single Family = $100.00 Other = $250.00 Planning Commission Determination 1. Application Form 2. One page statement precisely request. 3. General Requirement Items: -j(13) copies of - iteniq H, K, and I.. ----4Fee: $25.00 - indicatinal the determination items A 'd D 1. Application Form 2. General Requirement Items - (3) copies of items A & D, if applicable - items G, H, 3-N, and P 3. Fee: $100.00 I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items H-Q 3. Reproducible 1:500 scale map of subject property showing requested zoning and surroundirg zoning and land uses. 4. Fee: General Plan Amendment $200.00 + $5.00 per lot or acre. Zone Change: $500.00 Master Plan/Specific Plan/Precise Development Plan 1. Application Form 2. General Requirement Items: - eighteen (18) copies of items A-D - items E-Q 3. Fee: Master Plan $1,000 + $2.00 per/acre Specific Plan $1,000.00 Master Plan Amendment: Minor $50.00 + 2.00 acre Major $500.00 + 2.00 acre Tentative Tract _Map 1. A ca pplition Form 2. Eighteen (18) copies of the Tentative Tract Map 3. General Requirement Items - eighteen (18) copies of items A-C - items E, G-K, M-R 4. Fee: $500.00 (1-25 lots or units) $750.00 (26-100 lots or units) $1,000 (100 + lots or units) Extension: 1/2 of original fee Revision: 1/4 of tentative map and regular fee on additional lots or acres. Major Planned Development (5 or more udits) 1. Application Form 2. General Requirement Items: - eighteen (18) copies of items A-D - items E-Q 3. Conversion to Condominiums - list of names and - addresses of all tenants of the project, proof o notification of the tenants 60 days prior to fil tentative map. 4. Fee: $200.00 $5.00 per unit for notification of tenants NOTE: Tentative Tract Map Required II • GERM PJIEME\ - . . E. One . (1) copy of colored site plan (24"x36") . A. Site Plan: Shall include the following information: : F. . One (1) copy of colored elevations (24'x36") - and address of applicant, engineer and/or One (1) copy each of 8 1/2"xll" site plan and elevations. architect, etc. () One (1) copy of 8 1/2"x1i' locatiomap (suggested scale - 111 easements - Dimensioned locations of: 1:200 -.vicinity maps on the site plan are not acceptable) access, both pedestrian and vehicular, showing '• Environmental Impact Assessment Form ($100) service areas and points of ingress and ®ress • off-street parking and loading areas showing j Public Facility Agreement:.. 2 copies: One (1) notorized location, number and typical dimension of spaces, and w heel stops. original, One (1) reproduced copy. • distances between buildings and/or structures .<'! Disclosure Statement - building setbacks (front, rear and sides) copyof deed with complete legal description of - location, height, and materials of walls and fences c_hotostatic - location of freestanding signs subject property or other form of description acceptable to • driveways to scale on adjacent -and across -the the Planning Director. street properties for a diance of 100 f—ee-t beyond M Property. Owner Lit arid i.ddressed Stamped Envelopes theIimits6rU5ject site (Notieeded for Site Development Plan, Special Use Permit - existing curbs, gutters, sidewalks and existing and Minor Condominium Permit) 1) a typewritten list of th paving widths within 100 feet on adjacent and across names and addresses of all property owners and occupants the street properties. within a 300 foot radius of subject property. The list - typical street section - shall include the San Diego County Assessor's par cel number -. any existing median islands within 100 feet of from the latest assessment rolls. 2) Two separate sets of subject site. - addrssed stamped envelopes (four sets for condominium con- nearest - cross streets on both sides with plus or versions) of the property owners and occupants within a . minus, distances from subject site 300.-foot radius of subject property. For any,address other - location of all buildings within-100-feet -of-subject- than single famiJy reidence, apartment or suite number must properties; be included. DO NOT TYPE ASSESSOR'S PARCEL J'Z3t4EER ON ENVE- - avicinity mao showing major cross streets LOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For Condominium - a summary tab1 indicating the following Conversions, two scoarate sets of. addressed, stamped enve- information: site acreage lopes of all exipting tenants is required. existing zone and land use N . 300 Foot Padius Map (Not needed for Site Development Plan, Special Use Permit proposed land use and Minor Condominium Permit) . A map to scale not less than total building ooverage 1' = 200' showing each lot within 300 fee of the exterior building sq. footage- ,. - boundaries of the subject property. Each of these lots percent landscaping . ....... . shall be consecutively numbered and correspond with the pro- number of parking spaces • be party list. The scale of the, map may be reduced to sq. footage of open/recreational space (if applicable) a scale acceptable to the Planning Director if the require is impractical. scale cubic footage of storage space 0 For resideitiai projects within Vista, San Marcos, Encinit (if applicable) or San Diequito School Districts, the applicant shall mdi- cate whether he prefers to dedicate .land for school facili- B. c-li'ninav Gradinq -and'Drainaqe'Plan* (24"x36") ties, to pay a fee in lieu thereof, or do a combination of • - eE d- proposed contours on the site and within these. If the applicant prefers to dedicate land, he shall 100 feet of the boundaries of the site. suggest the specific land. elevations of the site - existing on-site trees; those to be removed and those For residential projects within the Carlsbad Unified School . to be saved. District, the applicant shall submit written confirmation •C. Prel5ninaryLandscape .and'Irrigation'Plan* (24"x3611) that school facilities will be available and serve the - . location of planting areas and typical plant materials . P. project at time of need. Preliminary Title Report (quantity and size) Q. -proof of sewer availability if located in the Loucadia - location of areas to be irrigated - . County Water District, D . Buildinq Elevations -and Fboor.p]ens* (24"x36") . . R. Statement of agreement to waive tentative tract map time included limits -• location and size of storage areas - all buildings, structures, walls and/or fences, signs . *NOTE: . A1.-F EXHIBITS MUST BE, FOLDED IN A SIZE NOT TO EXCEED and exterior lights. . . ---------... . 8 1/2"xll". WPL&',RWrAL INFORMTION INFORMATION FORM • VARIANCE 1) Gross Acres (or square fcxtage, if less than acre) 2) Zone 3) General Plan Land Use DesignatiCfl 4) By law a Variance may be approved cnly if certain facts are found to exist Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additicnal sheets if necessary. a) Explain why there are exceptiaial or extraordinary circumstances or cxnditiais applicable to the property or to the intended use that do not apply generally to the other property Or class of use in the same vicinity and zcne: . .. -. .1 b) Explain wlTf such variance is necessary for the preservatiai and enjoyment of a substantial property right possessed by other property , in the same vicinity and zoie but which is denied to the property in qixesticn: C) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or in such vicinity and zone in which the property is located d) Explain why the granting of such variance will not adversely affect the conpreh?nsive general plan: REORDN REQUESTED BY ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee A _ Signature of 'declarant determining tax-firm name City of Carlsbad Parcel No. 211-060-16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 15 day of November _, 1982 by and between Louis V. Jones Tame of developer-owner) a individual ,'hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 129 Oasis Drive (street) Escondido, California 92026 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-2-82 • on said; Property, whiclevelopment carries the posed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 3 day of /}0CIEfV(37 19 with the City a request for J/tJ1V/iV& hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able 'to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2-- REV 4-2-82 NOW, THEREFORE, consideration of the recoals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuat -ion of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building 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 used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 a -. 0 0 •0 - 000 0 00001 2.' The Developery offer to donate a siter sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 V 0. t1L OD I 16 a L 4VLLZJ LIeLeUI1UL SUdLI LL1&tL1LcjLe .L LL L.*L VLL i .eques,ts made by Deveer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shaIl ihure to the benefit of, and shall 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 respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5-- REV 4-2-82 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California Louis V Jones BY BY City Manager Title) V BY (Title) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA COUNTY OF San Diego JSS. On— November 16, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared LOUIS V. Jone s subscribed to the within Instrument and acknowledged that WITNESS my hand and official seal. OFFICIAL SEAL (Seal) PAT1flCAL.W0RCH NOTi' PUBLIC-CALIFORNIA ' SAN DIEGO COUNTY ' "/ My Conimisog Expirot Aug. 8, 1986 023200 6_80W 25 PS Individual Notarial Acknowledgment executed the same. Jo& (Notary Publics Signature) EXHIBIT "A 1t LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 8651 FILET) IN THE OFFICE OF THE COUNTY RECORDER APRIL 20, 1979 - RECORDING REQUESTED B•2333 EIST q VETER, KNAUF AND LOY AND WEN RECORDED MAIL.. THIS DEED AND, UNLESS OTHER- WISE SHOWN BELOW, MAIL. TAX STATEMENTS TO: NAME ?EIST, VErTER, KNAUF AND LOY ADDRESS P. 0. BOX 240 CITY a Oceanside, California 92054 STATE Zip L 7 ^ ­ filE/PAGE NO. - BOOK 1976 RECORDED REQUEST OF SAFECO TITLE INSURANCE COMPANY - DEC31 8:00 AM 176 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. -- BARLEY F. BLOOM $5.00 Title Order NoQ 55/5*27Escrow No. / lit JIWLR PACE ABOVE THIS LINE FOR RECORDER'S USE Tax Parcel No. Portion of 9000 211-060-03 GRANT DEED TRANSFER TAX PAiD HARLEY F. BLOOM, RECORD The undersigned declares that the documentary-transfer tax i8 $ ............ .... —87.65- .................................................. and is J computed on the Pull value of the interest or property conveyed, or is o computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale: The land, - tenements or realty is located in o unincorporated area f city of ....... -cai1a,d FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged FEIST, VETTER, KNAUF AND LOY, a partnership, Trustee, and DAVID RORICK, JR., and MAUREEN RORICK and HARRY HARGIEAVES, Ttustees, hereby GRANT(S to LOUIS V. JONES, an unmarried man, the following described real property in the county of San Diego ,state of California: (See Attached Exhibit A) This conveyance is made subject o covenants, conditions and restric- 4 -t contained in a Declaration executed by the Grantor herein recorded January 24, 1973, as File/Page 73-21574, Official Records of San Diego County, California, and these covenants,-,conditions and restric- tions are made a part of this conveyance. I- FEIST, VETTER, KNAtJF a rs1i,... Trust Dated_-. -ST A q1V it ri I COUNTY QF Sf41 D I on________ signed, a Notary Public A' airi I appeared '/Y7(ibefore me, the under- for sai ' County and State, personally FOR NOTARY SEAL OR STAMP to be the personS whose instrument and acknowledsej Signature of N OFFICIAL SEAL V. R. DIXON NOTAR PUBLIC CALIFORNIA 0 PRI IPAL OFFICE IN SAN IEGO COUNTY to the within known tome ""\ the same. 4my COMMIssloin M 11 - t-7 MAIL TAX STATEMENTS TO PARTY )N FOLLOWING LINE; IF NO PART'SO SHOWN, MAIL AS DIR'ECI ABOVE 202 Name Street Address City & State L-1 (GS.) (Rev. 4-75) 8 p1. vn i,eemoer .iU, £9/b before me, the undersigned, a Notary Pic in and for said Count; and State, personally appeared Robert C. Knauf and a) Norman L. Vetter " known to me to be two - of the partners of the partnership that executed the within instrument and acknowledged to me that uch partnership executed cn 0 Signature 'a w .wEco FOR - - - OFFICIAL SEAL V. R. DIXON NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Dec. 3, 1978 11 STATE OF CALIFORNIA ) ). ss, County of San Diego On this pAday of 2y.1976 , before me, the undersigned, a notary public in and ___for said State, persollally appeared DAVID RORICK, JR., and MAUREEN RORICK, known to me to be the persons whose names are subscribed to the foregoing instru- t ment, and acknowledged to me that 'they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL J,- NOTARY PUBLICbRNIA 4ry1u_ PRINCIPAL OFFICE I*N SAN DIEGO COUNTY • My Commission Expires Dec. 3, 1978 .ju4IFORNIA ), County of San Diego ) On the Z 8 day of J)eembeAt_, 1976, before me, the undersigned, a notary public in and for said State, personally appeared HARRY HARGREAV'S, known to me to be the person whose name is subscribed to the foregoing instrument, anc acknowledged to me that he executed the same. IS A MY and officil seal. V. R. DIXON , vrj7 NOTARY PUBLIC . CALIFORNIA ' PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Dec. 3, 1978 Notary PIic MAIL TAX STATEMENTS TO PARTY SHOW\PN FOLLOWING LINE; IF NO PAR \SO SHOWN, MAIL AS DI*ECTED ABOVE Name 1.-1 (G$) (Rev. 4-75) 8 pt. lei a 'S.. Street Address City & State Recording requested by •WELLS FARGO And when recorded returW WELLS FARGO BANK. . 9000 East Flair Drive El. Monte - Calif. 9 1731 9 Angeles iL Center Loan #61001 0 Q U) U) 5., 0 C,) 5- 0 CONSTQUCTION -DEED OF TRUST '\Vith Assgunient of Rents THE PARTIES TO THIS DEED OF TRUST, made as of the 11I day of Fbiaj . 19..IL_, are - LOUIS V. JONES, an unmarried man — .- — . . — — - — — - — — — (hereinafter called "Trustor"), AMERICAN SECURITIES COMPANY, a corporation (hereinafter called "Trustee"), and WELLS FARGO BANK, N.A., a national banking association (hereinafter called "Beneficiary"). GRANT IN TRUST Trustor irrevocably grants and assigns to Trustee, in trust, with power of sale and right of entry and possession, all of that certain real .pcopertyJDcated in the City ..of Carlsbad San Diego County of , State of California, described as follows: Parcel 1, in the City of Carlsbad # County of San Diego, State of California, as shown on Page 5426 of Parcel. Maps as filed in the off tee of the Cunty Recorder of San Diego County, 33embex 1976 together with all easements and other rights now or hereafter made appurtenant thereto, all improvements now or hereafter located thereon, all fixtures, all additions and accretions thereto. Said real property, appurtenances, improvements, fixtures, additions and accretions are hereinafter called 'Subject Property". "Fixtures" shall include all articles of personal property now or hereafter attached to, placed upon for an indefinite term or used in connection with said real property, appurtenances and improvements. Trustor makes the foregoing grant to Trustee to hold the Subject Property in trust for the benefit of Beneficiary, and for the purpose and upon the terms and conditions hereinafter set forth. ASSIGNMENT OF RENTS . Trustor absolutely, and irrevocably assigns to Beneficiary the rents, issues and profits of the Subject Property for the purposes and upon the terms and conditions hereinafter set forth. The foregoing assignment shall not impose upon Beneficiary any duty to produce rents from the Subject Property, and said assignment shall not cause Beneficiary to be a "mortgagee in possession" for any purpose. OBLIGATIONS SECURED Trustor makes the foregoing grant and assignment for the purpose of securing: 1. Payment to Beneficiary of all indebtedness evidencedb and arising under a promissory note, dated as of the date hereof, payable to Beneficiary or its order, in the principal amount of SIX _THOU_ANDNO/iGO — 4 *, — - , - — 'U. S io Dollars ($60Q3°°000 ) together with interest thereon, and any modifications, extensions or renewals thereof (including, but without limitation, (i)-modifications of the required principal and/or interest payment dates, deferring or accelerating said payment dates in whole or in part, and/or (ii) modifications, extensions or renewals at a different rate of interest), whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes; 2. Payment of such further sums and/or performance of such further obligations as the then record owner of the Subject Property may undertake to pay and/or perform (whether as principals, surety or guarantor) for the benefit of Beneficiary, its successors or assigns, when said borrowing and/or obligation is evidenced by a writing or writings reciting that it or they are so secured; 3. Performance of each aereement of Trustor herein contained or incorporated herein by reference and payment of each fee, cost and expense by 'l'riistor as herein set fort's; and 4. (Attach rider, if any additional obligation is secured.) TO PROTECT THE SECURITY OF THIS DEED OF TRUST THE PARTIES AGREE AS FOLLOWS: A. RIGHTS AND DUTIES OF THE PARTIES. I. Title. Trustor warrants that, except as otherwise disclosed to Beneficiary in writing, Trustor lawfully holds and possesses the Subject Property in fee simple, without limitation on the right to encumber. 2. Taxes and Assessments. Trustor shall pay, at least ten (10) days prior to delinquency, all taxes, assessments, levies and charges imposed by any public or quasi-public authority or utility company which are or may become a lien upon the Subject Property, any part thereof or interest therein. Trustor shall alsi pay. at least ten (10) days prior to delinquency, all taxes, assessments. levies and charges imposed l,' any public authority upon Beneficiary by reason of its interest in the Subject Property created hereby or by reason of any payment, or portion tiereof, made to Beneficiary hereunder or pursuant to any obligation hereby secured; provided, however, that Trustor shall have no obligation to Pay or discharge taxes which may be imposed from time to time upon Beneficiary and which are measured by and imposed upon Beneficiary's net income. Trustor's obligation hereunder may be discharged pursuant to paragraph A.4. 3. Insurance. Trustor shall insure the Subject Property against loss or damage by fire and such other risks as Beneficiary shall from time to time require. Trustorshall carry public liability and other insurance as Beneficiary may require. Trustor shall maintain all required insurance in companies, amounts, coverages and forms satisfactory to Beneficiary. Neither Beneficiary nor Trustee shall, by reason of accepting, rejecting. approving or obtaining insurance incur any liability for (I) the existence, nonexistence, form or legal sufficiency thereof, (ii) the solvency of any insurer, or (iii) the pa', ment of losses. All such policies or certificates of insurance shall name Beneficiary as the primary loss payee, and they shall also provide that they' cannot be terminated as to Beneficiary except upon thirty (30) days' prior written notice to Beneficiary. Trustor shall deliver the original of all such policies or certificates to Beneficiary, together with receipts satisfactory to Beneficiary, evidencing payment of the premiums therefor, except where Beneficiary makes payments as provided in paragraph A.4. 4, Security Account. At Beneficiary's option and upon its demand and except where and to the degree prohibited by law, Trustor, shall. until every indebtedness secured hereby has been paid in full, pay to Beneficiary each month an amount estimated by Beneficiary to be equal to (i) the taxes, assessments, levies, and charges referred to in paragraph AZ., and (ii) premiums for fire, other hazard and mortgage insurance next disc; said tax and insurance estimate shall be divided by1n each instance, the numberof months to lapse preceding the month in which the same. recpectively, will become due. All sums so pad shall not bear interest, except to the extent and in the minimum amount required by law: and l3ersi-ficiary shall, unless Tmmsstor is otherwise in default hereunder or under any obligation secured hereby, apply said funds to the payment of, or at the sole Option of Beneficiary release sakl funds to Trustor for application to and payment of, such suns, taxes. assessments, Levies, charges and insurance premiums. lluweer. upon default by Trustor hereunder or under any obligation secured hereby, Beneficiary may, at is sole option, apply all or any part of said sums to any indebtedness secured hereby; and to cure default, Trustor shall he required to restore all of the amounts so applied, as well as correct the other events or conditions of default not corrected by such application. 5. Liens and Encumbrances. Trustor shall pay at or prior to maturity, all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber the Subject Property or any part the'reof or interest therein, whether senior or subordinate hereto, including, but without limiting the generality of the foregoing, all claims for svork or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, improvement of or construction iipon th Siihect Property. f. Disposition of Insurance and Condemnation Proceed;. Trustor assigns to Beneficiary (I) all awards for damages suffered or compen;i.tiou paidbv reason Of a taking for public use of, or an action in eminent domain affecting ll or any part of, the Subject Property or any interest '; " i -c ;" ....i" ................. n.-'j O...,.- v :, tr ulr.)c CASE NO.: O DATE RECEIVED: - APPLICANT: c\y cA son Qor-c mdcoç REQUEST:-k-0_VU4C\C\uoec -_0Q_1(_)Pft)1( c1 0 fl) p(Q LiV' 5L tfl7,seo dce. fJOkTE. ENVIRONMENTAL 070 (5 EPTOR EXCEPTED: _________________ 1I - S4L( is Posted: 17,1 D Prior Compliance: Filed: fl:I)O_g-' Filed: NEGATIVE DECLARATION:__________________________ Posted:- Published; Notice of Determination:________ ENVIRONMENTAL IMPACT REPORT:__________________ Notice of Notice of Notice of Preparation: Completion: Determination: PLANNING COMMISSION 1. Date of Hearing: 2. Publication:_________________________ 3. Notice to Property Owners:______________ 4. Resolution No. O( _._. Date: /._I_8 ACTION: APPR-O_V (Continued to: 5. Appeal: ............ CITY COUNCIL 1. Date of Hearing:_____ 2. Notices to City Clerk 3. Agenda Bill:..... 4. Resolution No."' 5. Ordinance No..................... CORRESPONDENCE Staff Report to Applicant—;7(.3. Resolution to Applicant: Date-.'''* — - ACTION: Date: