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HomeMy WebLinkAboutPCD 52; KAP DEVELOPMENT CORP; Planning Commission Determination (PCD)r ~ . REQUEST ) o Zone Change o Minor Redevelopnent Permit DGeneral Plan Amendment , DPrecise Development Plan DTentative Tract Map DSpecific Plan OPlaI1l!ed Unit Development OSite Development Plan DM~jor Condominium Permit DConditional Use Permit OHinor Condominium Permit o Variance Ol\1aster Plan yz[Planning Commission Determination I D~Bjor Condominium Conversion GSpecial Use Permit ,. , I OMajor Redevelopment Permit 'Olilministrative Variance (check other boxes if appropriate) , '>, , r~lete Description of Project (attach additional sheets if necessary) - <\-4 qf"'v:t~C.·""':\..r C \.b -ff ... tJ' 1 I~ +c)vI~~QlAf( s) -~~vl ~_L I r 1..-64t. 1. e~~!" . "'L SI t-".(.\""(..1 ~p."ll;""~ J"J'''-.... t.f i U. (j be..-. 11'\ J. 7 t V v fJ I vi f.!. ~:'a , YJ Qo \ .,Iv IJ~ b ... 11 .. Y~c. '{ .. "''1(",,-fl.!.h:""""""'\J J't/-.... ~ i r } / - I 1 .. Foc~tion of Project 1. bu.'?, -'L ~ :rc..fk'("5'~ Sf.. Ce.l('lfbl,A ~. " 1.."'.~ __ i 1 } -~: ~Legal D~scription (complete) """"1 1 1 'I:: L-.&.x.b ""'" Q f .1J I I f ~ J \ '""", I J -r" ""' ~ J ~ I r I 'l:: J: vd ~ I I..-rr-S-""",d:.,.., ---l "<.~, ~ S_ I',<~ .... "<.J;~. rl<-~,.I.~ :1 _ 1_ _ =~=::::=_=_==;:::I As:=:;:S=~~s~~o=~;;:::;s=p:=;~:;;~ce~~,Nlm1b~ 'S.S -_ !:Q -_l. ~~.!!;l ""7Dne General Plan Existing Land Use ~ (l.. -3 It JI (1..0 +u '1.>0) t.-3 ~"' I~ . Proposed Zone proposed General Plan Slte Acreage ~ ~ ~ r~ S __ ~ ~ __ ~~~)~._4~1 ___ 4 __________________ __ I o-vlner Applicant '; tnl«~rr ~~q"' ... t ~ c,~0'. " \1~. (Pr>-=-i.D"....,~,--o_r_~ _'1'1_:_:_) ,-_T __ ~_<(f.--:...' ___ -j ~l ~ .. ing Address l-1alJ.lng Address .J I 'f. v . (b oX t. J 4 8 ~ -CI • & (,) ;>( l J '\-e .~ bty and State zip Telephone City and State Zip rrelephone- !,t.!dl.r-.J.o J, .. ~ . .J~ ~'--''\.-(1(,') '4"\..\"6)'> ~"",-cA,.o S''''\ .... (L ''-''6' !i4"-)00,) £ IT CEJ<.ItIF'1 'l}fA1' I Arvt TI-lE LF..GAIr a~-JER P-1ID I CBRfIF'l 'I~iAT I Ml Tf-IE OW"NER1 S REPRESENTATIVE , . ~1; j'JHAT ALL THE ABOVE INFOl*1ATION IS TRUE A.ND 'l'HI\T ALL THE ABOVE INFORMATION IS TRUE jl\ND CORRECT 'ID THE. BEST OF i"IY KNCMLECGE. AT\1D CORRECT TO THE BEST OF MY KNCJIilLEJX;E. IISIGNATURE . DATE SIGNA::URt:!: DATE g IL~ )t'J N, . 0/VJ /0) I ttL ' . _.-...-_~__ _ ___ ~----..,.,_~~ ____ ~-_'0-1 ...... _ "'________ - ~\':~~n·Recrd~t,~~-~;:~ -~~p Tease NumtJ~~~D~~ I , r ; ADDRESS c CITY OF CARLSBAD ... -f.\ *>,200 ELM AVENUE • CAR~D,CAl.IFORNIA 9200e (714) 438-5551 DESCRIPTION AMOUNT 1-:-:--33-·~--~------------Tft-·~~-I~-.~~.~ 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 benefi6ial 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 fuli 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 sjndication, 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 member. 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. " 1) 2) .LENENrAL INFOR.."'lATION FORr1 VARIANCE (Jt::oss Acres (or square footage, if less than acre) Zcne ___ ~~_. __________________ _ General Pla.'1. Land Use ~ ~------------~--------------.-------­----------------------------------------~.-----------------------------------~------------------------------~--------~~~'~------~-~~'~------------- 4) By law a Variance may be approved cnly if certain facts are found to exist. Please read tlese require-nEnts carefully and explaJn how the proposed project meets each of these facts. Use additicnal sheets if necessary .. a) ExPlam why t11ere are exceptlcnal or extraordinary circumstances or ccnditicns applicable to the property or to the mtended use tmt do not apply'generally to the other property ~r class' of use in the same,vicinity and zme: . -------------------------------------------------------------- b) Explain why such variance is necessary for the preservation and enjo.:.rment of a substantial property right possessed by other property in the same vici..."1ity and zcne but which is denied to the property in qL1estion: ·c) Explain why tre gra."1ting of such variance "viII not be materially detrimental to the public w-elfare or injurious to tr.e proferty or improvements in such vicinity and zcne in which too property is located d) Explain .... .;1:1y th=! granting of such variance will not adversely affect the co.np:rehensi ve general plan: c. STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION ~~P CITY OF CARLSBAD' The Subdivision Map Act and the Carlsbad Municipal Code sets a .fifty (50) day time Festriction 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 mapi 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 Name (Print) FORM: PLANNING 37, REVISED 3/80 Date Relationship to Application (Property Owner-Agent) I. FILING REQUIREMENTS 5?ECIFIC REQUIREMENTS ~eneral Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items H-Q , 3. Reproducible i:500 scale map of subject property showing requested zoning and surrounding zoning and oland 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: -thirteen (13) 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 Hap t. Application Form 2. Thirteen (13) copies of the Tentative Tract Map 3. General Requi~ement Items thirteen (13) 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 units) 1. Application Form 2. General Requirement Items: thirteen (13) copies of items A-D items E-Q 3. Conversion to Condominiums -list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. 4. Fee: $200.00 $5.00 per unit for notification of tenants NOTE: ~entative Tract Map Required ! 'I :, I I , , Millor pI ann(!o Df'vel0-Efficnt (4 or less units) l:~neatr.:)n Form 2. General Require;,lcnt Items: three (3) copies o( items A-D itell's K, L, 0, P, Q 3. Conversion to Condominillms -list of names and addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 + $1.00 per unit NOT~: Tentative Par~el Map Required Site Development Plan -l-.--APplicatTon ~'orm 2. General Requirement Items' th i:ctcen (13) copies of items A-D items B-L, 0, F, Q 3. Fee: $350.00 Conditional Usc permit/Special Use Permit 1. Applicatlon 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. Variance Sllpplemental Sheet 4. Fee: Single Family = $100.00 , Other = $250.00 ~lanning Commission Determination 1. ApplicaEIOn Form 2. One page statement precisely indicating the determination request. ' 3. Gener~~ Requirement Items: thirte~n (13) copies of items A and 0 items H, K, and L 4. Fee: $25.00 Administrative Variance 1. Application Form 2. General Requirement Items: (3) ~opies of items A & 0, if applicable items G, H, J-N, and P 3. Fee: $100.00 !lajor and f4~..Il_r;'~~~dr:.ydopmcnt Permits 1. ApplicatIon ~or~ 2. General Requirement Items: thirteen (13) copies of Item A-O items (Maior) E-N, P, R (if applicable) material sarllples. items (Minor) E-H, J-N, P, material samples 3. Fee. (Not established except where other permit is necessary) • e e II. B. c. GENERAL REQtJIREI1ENTS A. Site Plan: Shall include the following information: Name and address of applicant, engineer and/or architect, etc. All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. . distances between buildings and/or structures building setbacks (front, rear and sides) location, height, and materials of walls and fences location of freestanding signs all driveways to scale on ~djacent and across the street properties for a distance of 100 feet beyond the lim1ts of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typical street section any existing median islandS within 100 feet of . subject site. nearest cross streets on both sides with plus or minus distances from subject site. location oi all buildings within 100 feet of subject properties. a vicinity ma~ showing major cross streets a summary tabJe indicating the following information: site acreage existing zone and land use proposed land use .total building coverage building sq. footage percent landscaping number of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if ap~licable) Preliminary Grading and Dr~inage plan* (24"x36") existing and proposed contours on the site and within 100 feet of the boundaries of th~ site. elevations of the site existing on-site trees; those to be removed and those to be saved •. Preliminary Landscape and Irrigation Plan* (24"x36") location of plantIng areas and typical plant materials (quantity and size) location of areas to be irrigated D. Building Elevations and Floor Plans* (24"x36") floor plans -witn square footages included location and size of storage areas all buildings, structures, walls and/or fences; signs and exterior lights. E. F. G. ~. I. J. VK. ",L. 11. ~, N. O. P. Q. R. One (1) copy of colored site plan (24"x36") One (1) copy of colored eleva·tions (24"·x36") One (1) copy each of 8 1/2"x11" site plan and el.evations. On~ (1) copy of' 8 1/2"xll" location map (suggested scale' 1:200" -vicinity maps on the site plan are not acceptable) Environmental Impact Assessment Form ($100) Public Facility Agreement: 2 copies: One el) notarized original, One (1) reproduced copy. Disclosure Statement Photostatic copy of deed with complete legal description of subject property or other form of description acceptable to the Land Use Planning Manager. Property O'.<mers' Lis\: and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special Use Permit and Minor Condominium Permit)' 1). a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal size, addressed stamped envelopes (four set's for condominium conversions) of the property owners and occupants \vithin a 300-foot radius of subject property 'I~J:' any address other than single family residence, apartme~r suite number must be included. DO NOT TYPE ASSESSOR'S PARCBL NU1-mERONENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. 300 Foot Radius Map (Not needed for Site D?velopment Plan, Special Use Permit and Minor Condominium Permit). A map to scale not less than 1" = 200' showing each lot within 300 feet of the e~terior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the pro- perty owner's list. The scale of the map may be reduced to a scale acceptable to the Land Use Planning Manager if the required sC2le is impractical. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, ~o pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. . _ For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. Preliminary Title Report Proof of sewer availability if located in the Leucadia County Nater District. Statement of agreement to waive tentative tract map time limits. *NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2"xl1". ., e RECORDING REQUESTED BY AND ·WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) Space above this line for Recorder's use Documentary t!ansfer tax: $ No fee ltd Signature of declarant determining tax-firm name City of Carlsbad Par eel No • __ .:...1 r~f"_---...:...I.-;.I_o_--:-1._b_--,-¢_'-_7 __ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THI~ AGREEMENT ~s entered into this 31 day of by and between . (Ncr e of Develop r) a ~~ ______ C~<~QWY~~~b~~~~~~~\~~~ __ ~~ __ ~ __ -r- ( Cor p 0 rat i o~ , par t n e ~ s hip, etc.) hereinafter referred t6~as "De~eloper" whose address is and e~ 0... (!;.ox 'l... Ilf--e (Street) tt-... A CJ J,.~.J '" t:<-~ , .f; \.,0 ~ -, (City, State, Zip Code) JeaneneEnterprises, Inc. (Name of Legal Owner) Corporation a __ -r~ ______ ~ _________ ~ ________________ _ (Corpor$,tion, etc.) hereinafter referred to as "Owner" whose a'2g(3"J~~fMson Street (Street) Carlsbad, Ca 92008 2603 Jefferson St. (c"ity, State, zip Code) AND 'the CITY OF CARLSBAD, a municipal corporatiop of the State of, California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. . . ~ ............... ...........",..,. ..... ..-::....,,--. ~~.,._,~ ... ~ ............. '_ ... ~......-... , .. ~~ ..... ~ .. ---:-_~-, ... ~~ ..... ' "" .. "'.~~ .... -.--_,-.....,.. ... -. ........ -~.,-................ ~ .................... ,-.. "", '~'-_'_'" .. ,.....,..........,.. _~ ..... ~_h _"',.._ .. ~ .... _ ...... ~~ ..... _ ..... ~..,.. .... _r ,~ .. _".'_"';"'-' .. _-.--..... ~. , RECITALS WHEREAS, Owner is the owner of the real property described o~ Exhibit "1!-", 'attached to and made a part of this agreement, and. her~irtafter referred to as IIProperty"; and 'WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purc~ase the ~ropertyand proposes. a development project as follows: __ 4~4-,-_---,tA-,.,'--"..1-·,-;.:..f_ on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the .3 , day of 19~, with the City a request for o . hereinaft~r 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 eleme~t 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 April 2, 1982, on file with the City· Clerk and incorp~rated by this reference, and that the City's public \ , facilities an4 services are at capaci~y and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Dev~lopment.; and -2- REV 4-2-82 1 / i :' WHEREAS, Developer and Owner nave 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay f 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 ~ontained herein, the parties agree as follows: -1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valu~tion of-the building or structures to be constructed in the Development pursuant to the Request. " The fee shall be paid prio~ to the issuance of building or other construction permits for "Ehe de~elopment 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 and Owner shall pay a fee for conversion of existing building or structures into condominiums in an ~mount not to exceed 2% of the"building permit valuation at the time of conversion. The fee for. condominium conversion shall be paid prior to the issuance of a condominium conversiGn permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. ! Condominium shall include community apartment or stock cooperative. The tenns "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 projects, shall not refer to grading permies or other permits for the construction of underground or .street improvements unless no other permit i~ 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 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 deve.lo p.m-ent • This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer 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 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 t~ 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 ccinstructi6n permit or entitlemen~ for use· shall be issued until the public facilities fee required by this agreement is paid. -4- r~:~"~~-- "r, 4. Cit7 agrees to deposit the fees paid pursuant to this agre~ment -in a public facilities fund for the financing of public facilitie~ w~en 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 ~vailable. 5. City agrees to provide upon request reasonable assurances to ~nable 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 • AIl 0 b 1 i gat ion she r e un d e r s h a 11 t e r min ate 1.n the eve n t the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly a~thorized 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 o~ by depositin~ same in the United States Mail, addresse~ 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 i thereof to Developer or by depositing the same in the United States Mail, enclosed ip a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV l~-2-8 2 8. This agreement shall ~e 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 i~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. At such time ~s Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Propetty is a stranger to this 'agreement, such successo; has first assumed the obligations of owner in writing in a form 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 . . III III III III -6- ,. 01) r-'~--·· c:: "~.' A A C \ ( .' --..! ••• -~"-• IN WITNESS' WHEREOF, this agreement is executed in San Diego DEVELOPER: " "" .. BY \ 1 ;'} ~,.t·l. --------~~~-----f~~~~--\~----~~ TITLE BY .. __ ........ . STATE OF CALIFORNIA COUNTY OF San Diego } 55. On this the 31si:c!ay of August 1983 before me, the undersigned Notary Public, in and for said County and State personally appeared M1.ke Kupfer proved to me on the basis of satisfactory evidence to be the ____ _ President, and ______________ ~----_ proved to me on the basis of satisfactory evidence to be _____ _ Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a '.'01",100 01 If, boaed of dl"ct",s /l s~oa,"~7Jy~ --... _-_.,---------,.---~ ... --.--".~--.. . 1 I' .'. t ~ t,. . J ~ 'I".~ FOR NOTARY SEAL OR STAMP ®JI SAFECO {N6tari attache TO 1945 CA (8:74) (Corporation) ~TITLEINSURANCE III AND TRUST t III 0:: III :t III ..I a. 0( Iii } SS. A l1COR COMPANY STATE OF CALIFORNIA COUNTY OF San Diego On AUiUs"b 31, 1983 before me, the undersigned, a Notary Public in and for said State, pers~nallY appeared J eanene A. Marron known to me to be the President, anl{ld'--_____________ _ _ •• ", ,.n, 00.,,"_' __ --: I known to rAe to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. !@ M1CHAEL N. MEYERS i I _. NOTARY PUBL.lC -CALIFORNIA i < --PRINCIPAL OFFICE IN '!.! SAN DIEGO COUNTY ! My C~I .. Ion.Explr$' Apr. 21. 19~ '" REV 4-2-s~,ru" ~~M .lJ\c¥~ (This area for official notarial seal) .' : .• " 1 f ..... " i , ~ I j \ B-636492 EXHIBIT "A" PARCEL 1: The Easterly 235.00 feet of that portion of Lot 1 in Section 1, Town'ship 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: " . Beginning at 'the Northeast corner of said Section 1; thence South 00°05'00" West along the Easterly line of said Section, 756.00 feet to the True Point of Beginning; thence continuing South 00°05'00" West, 88.00 ·feet;. thence North 89°55'00" West, 495.00 feet to the West line of 'the East l5 acres of Lot 1; thence along said West line North 00°05'0011 East" 88.00 .fee:t; thence South 89°55'00" East, 49"5.00 feet; more or less to the True Point of Beginning. PARCEL 2: The Northerly Half of that portion'of Lot 1 in Section 1, Township' 12' South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1; thence South . 00,°05'00" West along the Easterly line of'said Section, 668.00 feet to the True Point of Beginning; thence continuing South 00°05'00" West, 176.00 feet; thence North 89°55'00" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North 00°05'00" East, 176.00 feet; thence South 89°55'00" East, 495.00 feet more'or l~ss, to the True Point of Beginningo " " \, @ SAFECa ~'" ... SAFECO TITLE INSURANCE COMPANY CALIF. FIRST BANK 200 liD" S t. Encinitas, CA Attention: Lu Watrous Dated as of April 15, 1983 at 7:30 a.m. 1301 THIRD AVENUE P. O. BOX 1590 SAN DIEGO, CALIFORNIA 92112 (619) 232-4031 Your No: Our No: 21-2932 B-636492 In response to the above referenced application for a policy of title insurance, SAFECO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, as of the date hereof, a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the land and the estate or interest therein' hereinafter set forth in Schedule A, insuring against loss which may be sustained 'by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules', Conditions and Stipulations of said policy form. This report '(and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of " title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. SUSAN JOHNSTON Title Otficer @) SAFECO · . '. e. Order No. B-636492 SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: JEAN ENE ENTERPRISES, INC. The Land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: SEE EXHIBIT "A" ATTACHED m SAFECO \ i B-636492 EXHIBIT "A" PARCEL 1: The Easterly 235.00 feet of that portion of Lot 1 in Section 1, Town'ship 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1; thence South 00°05'00" West along the Easterly line of said Section, 756.00 feet to the True Point of Beginning; thence continuing South 00°05'00" West, 88.00 ,feet; thence North 89°55'00" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North 00°05'00" East, 88.00 feet; thence South 89°55'00" East, 49'5.00 feet; more or less to the True Point of Beginning. PARCEL 2: The Northerly Half of that portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1; thence South 00°05'00" West along the Easterly line of said Section, 668.00 feet to the True Point of Beginning; thence continuing South 00°05'00" West, 176.00 feet; thence North 89°55'00" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North 00°05'00" East, 176.00 feet; thence South 89°55'00" East, 495.00 feet more'or less, to the True Point of Beginning. " m SAFECO .' in -' Order No. B-636492 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and special district taxes, a lien not yet payable, for the fiscal year 1983-84. 1A. Second installment general and special district taxes, now payable, for the fiscal year 1982-83. 2. An Easement affecting a portion of said land and for the purposes stated herein and incidental purposes in favor of the San Diego Gas & Electric Company, For: Poles, crossarms, wires for the transmission of electric current Recorded: Affects: March 5, 1928 in Book 1430, page 348 of Deeds The West 16 feet of the East 150 feet 3. An easement affecting a portion of said land and for the purposes stated herein and incidental purposes, in favor of: ALEXANDER BELLER, by reservation For: Right of way Recorded: February 5, 1944 in Book 1633, page 84 of Official Records Affects: The Westerly 25.00 feet of Parcel 2. 4. An easement affecting a portion of said land and for the purposes stated herein and incidental purposes, in favor of: ALEXANDER BELLER, by reservation For: 4 1/2" water main Recorded: February 5, 1944 in Book 1633, page 84 of Official Records Affects: Portions of Parcels 1 and 2. 5. An Easement affecting a portion of said land and for the purposes stated herein and incidental purposes in favor of the San Diego Gas & Electric Company, For: Poles and wires Recorded: March 8, 1951 in Book 4005, page 156 of Official Records Affects: Adjacent to the West line of Parcel 2. @) SAFECO ·' B-636492 Page 2" • 6". A deed of trust dated April 23, 1973 to "secure an indebtedness of $16,000.00, and any other obligations secured thereby, recorded May 11, 1973 as "File No. 73-126930. Trustor: H. CHANDLER CROSS AND ANN E. CROSS, husband and wife Trustee: Beneficiary: SECURITY PACIFIC NATIONAL BANK, a national banking association MARION W. MARTIN AND GLADYS B. MARTIN, husband and wife as joint tenants Affects Parcel 2. 7. A deed of trust dated April 23, 1973 to secure an indebtedness of $30,000.00, and any other obligations secured thereby, recorded May 11, 1973 a~" File No. 73-126931. Trustor: H. CHANDLER CROSS AND ANN E. CROSS, husband and wife Trustee: Beneficiary: SECURITY PACIFIC NATIONAL BANK, a national banking association MARION W. MARTIN AND GLADYS B. MARTIN, husband and wife as joint tenants Said deed of trust recites that it is subsequent in lien to the above deed of trust recorded concurrently therewith. Affects Parcel 2. NOTE: Tax Figures for 1st Installment 2nd Installment 1982-83 $354.46 paid $354.46 Open (delinquent) Land $57,909.00 Improvements $4,112.00 Exemptions $None Tax Rate Area 9000 Parcel No. 155-170-27 @] SAFECO .' 1 I ~. ~ B-636492 Page 3 NOTE: Tax Figures for 1982-83 1st Installment $238.65 paid 2nd Installment $238.65 Open (delinquent) Land $31,713.00 Imprpvements $9,632.00 Exemptions $None Tax Rate Area 9000 Parcel No. 155-170-26 AG @) SAFECO e -. .. ;:i !: : /. - ii (j) > ~ « 3 z w ::> c:o 55 o • @ J E F FER SON ___ ~,fc='---'\.' 0° 05 'f: ,1 .,,, W 96 ;;;'i'i."~""; r \ I , ,,:~y ~~::~i.~ (: '/ ED) S'111 .J .::11; 'r tr" t; "-I/; ~ C -' cr a oJ lLI z ~ ~ g;11 -~ .... U I ~ ~ ::-.[[ SHT 2) (SEE S"iT 2) CONDM: St.HLSAD Tel I CARLSBAD 72'10 COllDM TeT. 77'\ [,003-92606 DOC 7'0-7378 ,t..I ~I~ 'l~ ~~ "l ", , 1i :i' ·t &&0403e02 I.J \-. ~~ '1 " ~I:<t K~ ~~ "> SHT IOF 2 .. } , i< 3 1(, ~ " --- '" .. .. ;j:': . ~ ! ,,~ ' . .J a.. « z w ::J c:o o ~ '" \ r-(J\ '\ I l>,l' (J '~I'I) ~ .~-:-: ". _. ". c.... '-. (/) t; ~ t,) t, ," ,., , .. ~ U ':J. ~ ~: 1n ~; ~' .~ I 155 _ I 7 --= 2-t1l.J.J~~~.~\'\,,)~ .. :(~ I SHTIOF21"-100' ~" (j ~ r ~ .s " I>J \ ........ N .~ Q,." '-t 'l: "t'-. \\, Z I) ~ ", " 1i, ""' ~., ."\J .L.. V' '1 I "," Iri ,~ I .A' a '~l' .", 00 1'\1'1 ") tr, .;:) \I6t-:'''''"'''l''~~ ~~ . @ --. ..., 4<X~ " ( FRONT S T ) \;) " ) o :;;. ® 1.42 N:. .• i~:': .. ;;:~';'. f, '", ... ,<t "" o '" '" II ~ --r @I w I: w ..J :; 0 Z ~ 3S @ \ a~ 1.:7~" • EB __ 4 ____ ._. ______ ---, "While -this, plat is believed to 1 be COrTect I the Company assllnleS , I 110 liablill.ty fol' any loss OCc-. ul'l'ing by reas9n of reliance' I ~r::.9!l.'~.-_._.:...._ .. _. " ~ T 88 ~ $~ • • $:; 0 @ " ~ "" :::]",45 o o ~ .9 " .£) , L floJ\ 'W 0'~i~: 1 ,s~ ,:r • EXEMPT OR EXCEPTED: ---------------------------- Posted: ________________ __ ?rior Compliance: -----------.-------Published: --- Filed: Filed: NEGATIVE DECLARATION= ___________________________ _ Posted: ________________ __ Published: Notice of Dete:r::rni.na lion; ------- ENVIRONMENTAL IMPAcr REPORT: ____ ~:_::__:_.__-_:=_- Notice of . Notice of Preparation:_____________ Completion: _____ _ PLANNING COMMISSION 1. Date of Hearing: __ -!/;.....loQ ...... ·-..:::0<=4.14o_-=~...;a::....-__ _ 2. Publication:. . NjA" 3. Notice to Property OWners:. t.l./-..L.S"--__ _ 4. Resolution No._· ___ -'=C9~.Q=()'""'CO"-· _____ _ (Continued to: .. ------------------------- 5. Appeal: ______ , ____ ·_··_·_·_·_' ._._. __ .. _. _______ _ CITY COUNCIL 1. Date of Heari?g:_'_' _' __ ·_1<...;'J :;..', ~~8-,--' ____ _ I 2. Notices to City Clerk:'_'_' _. _' ._._,_. _. _. '_'_'_'_' __ 3. 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