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HomeMy WebLinkAboutPCD 58; CAMINO POINTE CARLSBAD; Planning Commission Determination (PCD)AtPPLICA TIQN ~ ~r---------~----------------------------------~----------------~------~----~ REQUEST o Zone Change OGeneral Plan Am=ndment DTentative Tract Map OPlanned unit Developnent DMajor condominiLun Permit DMinor condominiLllTl Permit OMaster Plan DMajor condominiLllTl Conversion OMajor Redev~loprnent Permit (check other boxes if appropriate) o Minor Redeveloprnent Permit DPrecise Developnent Plan DSpecific Plan DSite DeveloflT\ent Plan DConditional Use Permit o Variance ~Planning Commission Determination !OSpecial Use Permit OAdministrative Variance CoJ:nPlete Description of Project (attach additional sheets if necessary) Approval of a Site Development Plan to permit de~elppment of 150 residential appartment units on 12.9 acres. Location of Project West of EI Camino Real, north and sputh of Hosp Way fliT AI- Legal Description (complete) t--__ ..,..,,1,.;....'-L;~:3 1. 7t,Q~J.:~f..~}' i;Sf and 11;.0 of Carlsbad Tract, No 7q-27 accorci i np- to map thereof No. 10161 filed in the office of the County Recorder on Assessors Parcel Number July30, 1~81 167-250-27 thru '38 Zone General Plan PC RMH Proposed Zone Proposed General Plan PC RMH Owner Name (Print or Type) (" , 1 I' Communi ty R,esQurce's Co;rp. Malilng Address 2204 Garnet. City and State ZlP Teleph9ne { , ~~n.piego 92109 -483-6500 I CERI'IFY THAT I AM THE LEGAL cmNER AND THAT ALL THE ANJVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNCWLEINE. Existing Land Use VACANT Slte Acreage 12.9 Applicant Name (Print or Type) G&G Enterprises, Inc. Malilng Address 2204 Garnet Clty and State ZlP Telephone San Diego Calif. 483-6500 I CERI'IFY THAT I AM THE cmNER' S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMA'I'ICN IS TRUE AND CORRECT 'ID THE BEST OF MY KNcmLEI::.GE. • .' \ 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 prooessed concurrently, this agreement must be si-gned 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. J e Name (Print) 1 t' 4;r;t?f7A I' t' Re a 1.ons 1.p 0 pp 1.ca 1.on (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 ~- If after the , .,' t.hat further information you have submitted has been reviewed, inforrnatio~s required, you will be so a~sed. it is determined < l' APPLICANT: AGENT: NEHBERS: G&G Enterprises, Inc. Name (individual, partnership, joint venture, corpora,.tion,. syndication) 2204 Garne'i; Ave., San Diego, . Calif. 92109 Business Address (619) 483-6500 Telephone Number . DEVELOPMENT CONSULTANTS CONSORTIUM Name P.O. Box 2143, Oarlsbad, Calif. 92008 Business Addr~s~ Telephone Number D. GREENBERG Name '(individual, partner, joint, venture, corporation, syndication) Home R.ddress ~~~4 Garnet Ave., San Diego, Calif. 92109 Business Address (619) 483-6500 Telephone N~~er Telephone Number C~ Hurstin ) !·ra:.\l~ Home Address 2204 Garnet Ave., San Diego, Cal 92109 3'.lsiness Address ( 619),483-6500 Telephone Ncmber Telephone ~~u.wer (Attach more sheets if necessary) .' 'lINe "decla=e unde:::-penalty of perjury that the information' contained in this dis- ~losure is t!:"'<.!e and correct and that it will remain true and correct and may be' relied upon as being true and correct until a~ended. Applicant If after the .. . that further APPLICANT: AGENT: NEHBERS: intorrnat.l.on you .'lave su.om.l..:..:ec .. "las ..:Jt:!t:!11 informatioI" i,s required, you will be so L"l::! II .J.e'''ec.:, ar"''';,sed • .l.~ 1.5 o.eterm.l.nea e. 'e G&G Enterprises, Inc. Name (individual, partnership, joint venture, corporation, syndication) 2204 Garnet' Ave., San Diego, . Calif. 92109 Business Address (619) 4·S3-6500 Telephone Number DEVELOPlv1El~T COlJSULTANTS CONSORTIUM Name P.O. Box 2143, Oarlsbad, Calif. 92008 Business Addres~ Telephone Number D. GREENBERG- Name -(individual. partner, joint" venture, corporation, syndication) Home ~.ddress 22~4 Garnet Ave., San Diego, Calif. 92109 Business Address (619) 483-6500 Telephone Number C~' Burstin Telephone Nu.rnher Home Address 2204 G~rnet Ave., San Diego, Cal 92109 3'.lsiness Address ( 619)" 4°3-6500 Telepnor.e N~er Telephone ~iu.wer (Attach more sheets if necessary) ." "I/He'decla.=e under penalty of perjury that the information' contained in this dis- ~losu=e is tr~e and correct and that it will remain true and correct and may be' relied upon as being true and correct until a:nended. Applicant BY ~ ~_,_pa_r--=-~n_~_r~~ ________ ----" ,rr Tra.amerlca Title Insurance ampany 4355 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 (619) 565-8131 DATE OCTOBER 12~ 1983 COMMUNITY RESOURCES 2204 GAF:NET AVENUE SAN DIEGO, CALIFORNIA ATTN: TIN~ COURTNEY OFmER NO. '0065143 -----------PRELIMINARy TITLE REPORT------------ IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSAMERICA TITLE INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, 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, INSURING AGAINST LOSS WHICH KAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN DR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM tOVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORK. 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 REIlUESTE DATED AS OF 7: 30 A. M. OCTOBEF: 11, 1983 THE ESTATE OR INTEREST IN THE LAND HEF:EINAFTER DESCFUBED OR REFERRED TO COVERED BY THIS REPORT IS A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS ~)ESTED IN: COMMUNITY RESOURCES CORPORATION, A NEVADA COF:F'ORATION ,rTraaamenca Title Insurancef>mpany THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFbRNIA~ COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOl.tJS: LOTS l THROUGH 6, INCLUSI'·.iE AND· LOTS 11 AND 12 OF CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10161, AS F I LED I N THE OFF I CE OF THE COUNTY RECOF:DEF: OF SAN D I EGO COUNTY, JULY 30, 1981. PAGE 2 0065143 ,r Tra'-'amenca Title Insurance *mpany ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable. For Fiscal Year: 1983-84 2. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFOF:NIA." 3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF EL CAi"lIl'lO REAL \,lJHERE REQUIF:ED FOR THE CONSTF:UCTION -AND MAINTENANCE OF SAID PUBLIC ROAD AS GRANTED IN DEED RECORDED MARCH 11, 1966 AS FILE NO. 042245 OF OFFICIAL RECORDS. The above item affects: LOT 1 OF THE HEREIN DESCRIBED 4. AGREEMENT on the terms and conditions contained therein. Purpose : REGARDING CERTAIN RESTRICTIONS AND LIMITATIONS Dated IN RESPECTS TO CERTAIN SLOPE RIGHTS OVER THE HEREIN DESCRIBED LAND, FOR THE BENEFIT OF CERTAIN _________ !-ANDS ADJ ACENT TO ANY F:EG ~ ONAL SHOPP I NG CENTER. . . APRIL 20, 1966 Executed by~ FAWCO, A PARTNERSHIP, BERNARD CITRON AND HARRY J.LL FRANK, JR., THE "OWNERS"; THE MAY DEPARTMENT STORE COMPANY, A NEW YOF:I< CORPORATION, AND PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP Recorded, Official Records: APRIL 21, 1966 Series/Instrument No.: 66916 5. EASEMENT', and i nci dents thereto, In Favor of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded, Official Records: MAY 28, 1974 Series/Instrument No.: 74-138506 Purpose : UNDERGROUND AND NECESSARY ABOVE GROUND STRUCTURES, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED AND ALSO FOR PIPLINE(S} FOR THE TRANSMISSION AND DISTRIBUTION OF GAS. Affects THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING THREE FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF EACH AND EVERY ELECTRIC AND GAS UTILITY FACILITY INSTALLED WITHIN THE AFOREDESCRIBED LANDS ON OR BEFORE DECEMBER 26, 1975. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN-THE EASEMENT AND RIGHT OF WAY ADDITIONAL EL~CTRIC AND GAS UTILITY FACITLITIES. PAGE 3 0065143 T TraAamenoa Title Insurance .mpany 6. AGREEMENT on the terms and conditions contained therein. Purpose : IS REGARDING THE CONSTRUCTION~ MAINTENANCE AND POSSIBLE COSTS PERTAINING TO CERTAIN ROADWAYS FOR ACCESS AND UTILITIES Dated OCTOBER 26, 1977 Executed by: GROVE APARTMENTS INVESTMENT co. AND KAMAR CONSTRUCTION CO. Recorded~ Official Records: MARCH 20, 1979 Series/Instrument No.: 79-109597 Location : NOT SET FORTH 'THEREIN 7. EASEMENT SHOWN ON FILED MAP, and incidents thereto, Purpose: SEWER, WATERLINE, DRAINAGE AND PUBLIC UTILITIES Affects: SAID LOTS 1 THROUGH 6, 11 AND 12 AS FOLLOWS: LOT 1: PRIVATE STREET -CIRCULO SANTIAGO LOT 2: PRIVATE STREET -CIRCULO SAJ'..!TIAGO LOT 4: PF::IVATE STREET -VIA CLEMENTE LOT 5: PRIVATE STREET -VIA LOS SANTOS LOT 6: PRIVATE STREETS -VIA FRANCISCA AND CALLE CABALLERO LOT 11: PRIVATE STREET -CALLE CABALLERO LOT 12: PRIVATE STREET -CALLE ARROYO 9. EASEMENT SHOWN ON FILED MAP, and incidents thereto, Purpose: DRAINAGE AND SEWER Affects: LOT ,1 OF THE HEREIN DESCRIBED 9. EASEMENT SHOWN ON FILED MAP, and incidents' thereto, Purpose: ""JATERLINE Affects: LOT 12 OF THE HEREIN DESCRIBED 10. EASEMENT, and incidents thereto, In Fa~or of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded~ Official Records: AUGUST 26, 1991 Series/Instrument No.: 91-272629 Purpose Affects : 1. POLES, WIRES, CABLES AND APPRUTENANCES FOR THE TRANSMISSION AND DISTRIBUTIO N OF ELECTRICITY. 2. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 3. PIPELINES 'A~lb APPURTENANCES' FOR ANY AND ALL PURPOSES. 4. COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES. : THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT F:IGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 15, 1992. AFFECTS: LOTS 1 THROUGH 6, INCLUSIVE 11 AND 12. THE LOCATION OF WHICH IS NOT SET OUT THEREIN. PAGE 4 0065143 •• ,r Tra.amenca Title Insurance .mpany 11. AGREEMENT on the terms and conditions contained therein. Purpose OF GRANTING A LICENSE TO ENTER UPON THE HEREIN DESCRIBED LAND FOR THE PURPOSE OF MAINTENANCE AND REPAIR OF THE LANDSCAPING AND VEGETATION THEREON, TOGETHER WITH THE IRRIGATION SYSTEM vJH I CH SERVES THE SAME Dated NOVEMBER 11, 1981 Executed by: GENSTAR DEVELOPMENT INC., A NEW YORK CORPORATION fBROADI"100R), T. L. SHELDON ENTEF:PRISES, A CALFORNICA CORPORATION (SHELDON) AND HUNT ENTERPRISES, A CALIFORNIA CORP. (HUNT) Recorded, Official Records: NOVEMBER 25, 1981 Series/Instrument No.: 81-374327 12. AGREEMENT on the terms and conditions contained therein. Purpose IS REGARDING PAYMENT OF FEES FOR CERTAIN PUBLIC FACILITIES NECESSARY TO SERVE THE DEVELOPMENT Dated MARCH 4, 1980 E>:ecuted by: GENSTAF: DEVELOPMENT INC., A NEW VORI< CORPOF:ATIQN (BROADMOOR), T.L. SHELDON ENTERPRISES, A CALIFORNIA Recorded, Official Records: JULY 27, 1982 Series/Instrument No.: 82-229266 13. EASEMENT, and incidents thereto,. In Favor of : PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION Recorded, Official Records: MARCH 1, 1983 Series/Instrument No.: 83-064032 Purpose : UNDERGROUND COMMUNICATION STRUCTURES Affects ALL THOSE PORTIONS OF LOTS 1, 2, 4, 5, 6, 11 AND 12 INCLUSIVE LYING WITHIN THE SEWER, WATERLINE, DRAINAGE, PUBLIC UTILITIES AND ACCESS EASEMENTS AS SHOWN ON SAID MAP 14. DEED OF TRUST for the original amount shown below, and any other amounts ~ayable under the terms thereof. Original Amount: $12~OOO,00o.ob Dated : APRIL 13, 1983 Recorded, Official Records: APRIL 14, 1983 Series/Instrument No.: 83-119874 Trustor COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION Trustee TRANSAMERICA TITLE COMPANY OF SAN DIEGO Beneficiary: VERNON SAVINGS AND LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION PAGE 5 0065143 ,r Tra.amerlca Title Insurance ampany ASSIGNMENT OF RENTS AND LEASES AS ADDITIONAL FOR THE ABOVE INSTRUMENT BY: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION DATED: APRIL 13, 1983 RECORDED, OFFICIAL RECORDS: APRIL 14, 1983 SERIES/INSTRUMENT NO.: 83-119875 THE ABOVE. I TEM AFFECTS T'H I S AND OTHER PF:OPERTY. 15. AN AS~~GNMENT OF PROFITS BY: COMMUNITY F:ESOUF:CES CORPOF:ATION, A NEVADA CORPOF:ATION TO: VERNON SAVINGS ~,; LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION .' DATED: APRIL 13, 1983 RECORDED, OFFICIAL RECORDS: APRIL 15, 1983 SER1ES/INSTRUMENT NO.: 83-119877 16. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS BY: COMMUNITY RESOURCES COF:PORATION, A \',IEVADA COF:PORATION TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION DATED: APRIL 13, 1983 RECORDED, OFFICIAL RECORDS: APRIL 14, 1983 SERIES/INSTRUMENT NO.: 83-119878 17. AGREEMENT on the terms and conditions contained therein. Purpose : AGREEMENT FOR THE PAYMENT OF A PUBLIC FACILITIES FEE Dated APRIL 15, 1983 Executed by: COMMUNITY RESOURCES CORPORATION AND TH~ CITY OF CARLSBAD Recorded, Official. Records: MAY 4, 1983 Series/Instrument No.: 83-146497 Unless shown in the body of this preliminary report there appears of record no transfers or agreements to transfer the land described herein recorded during the period of six months prior to the date of this report, except as follows: ---NONE--- PAGE 6 0065143 '4'3;'''';:- D7~() 10 § )OAC ~1 -iQA·~1 tc:lcl) @ .. (t:w) ....--.. Q7 @ 30 SHT 2 /sZ t65· t..\IO I 6 \ 9 @ 4.20AC ~ '!i " .. /4U 95 i!t:Jt..95 ss 8 !J5IJ.!J(J ® 2.60AC 4~7..3/ o II.04AC RESERVIOR SITE //7.~t1. 1321.~ ~ ,. ~ ~ to .~ o '1\ ~I\S Q ~ ,. ~ @ ", \ ? \ \ ~ IO.40AC . ,:1 /' , ........~ , I ~, 12 6 § 4.47AC 9 S.3·t:.7 ~ ~ POR 5 '. f9 ,-~ 200' r =-: :./ C\? \ @ \ \. @ MAP 10161 -CARLSBAD TCT NO 79-27 (CONDrvi) SEC 32 -TIl S-R4~ -POR W 1/2 I~ I, i' -',,' • - '1 • • tANSAMERICA TITLE INSUIWICI C<»tPANY AND WHEN RECORD,ED MAIL TO .m. Ic£loOOJNITY IlESOURCES CORPORATION I ,r .. t Idr ... 1335 lIotel Circle South San Diego, California 92108 . tv ,.11 L ,p ___ .. ______________ --: .... _____ S,.ACE ABOVE THIS LINE J1'OR RECORDER'S USE.- Mt .. IL TAX STATEMENTS TO .me I DOCUMENr"'ItY TRANSFER TAX $ ~O~..!..9.9. ____ _ !le.t .ldr... .a. a. above XX 'MPUTEO ON FUll VALUE 0 PROPERlY CONVEYED, API'. 161-liP-27, 28. 33, 32, 31, 30, 35, 36, J8~7. 29 and 34 . -~~~=-~~-----Signature of Declarant or Agent datermining tl •. Firm Name GRANT DEED' (Escrow No .•• ~~~~~ ..••••••. ) (CORPORATI0N) By ,hi, inlilument d.led ..•.••.••.•...•..•.••••••.•••••..• Ap~"'l .. l~.1 .. J,9.B~ ................................. for a v,luable consideration. CENSTAR DEVELOPMENT. INC., a Nev York Corporation h.e1eby GRANTS 10 COMMUNITY RESOURCES. CORPORATION, A Nevada Corporation the fallon-in, deacribed Real Properry in ,he State of Califurni •• County of .•••• San..D1e&Q .•.•.•••.•..•....•.••.••••......•.......••••• City of .••••••• Cas::labad ............................................. . Lota I thru 12, inclusive of Carlsbad Tract No. 79-27. in the City of Carlsbad, County of San Diego, State of California, according to MAp No. 10161, a. flIed in the Office of the County Recorder of San Diego County, July 30, 1981.' CINSTAR DIY,ELOPKENT. INC., a Nev York Corporation .y.~~.21t.q!(f< .......... ~.~ ........................ . Bl •... .LJL~ll~t .. .l.~~~~~~=:~ .......... . Authorized Agent : STATE OP CALiPORNIA } On ... An.r.tl ... l.J ....................... 19.8.1 ...• befo~ me. 1M undeni&ned. a Notal)' Public in and lor said ~ SS. County .n,1 Stale, person.lly .p~ared ........... Mar.k.. .. H ...... C.p..b.lim .................. : ...................................... . 't; COUN1Y OP ... S.w.. .. U1egO........... and ........ ltU,lliam .. .F. ...... S.nOW ........................................................................... known 10 me 10 be the ,.; ................. y.i.{;.~ ... r.r.~.~J~g9J; ....... ~ .................................... nd ......... A~ ~.~.'?.f.!;.!':.~ ... !-:S!::~~ ................................... retpcctivel, of lhe Corpor'liun th.t executed lhe within in.tnllncnt on behalC oIlhe Corpor'lion the~in OI~nd .c1mowledlled 10 ,,:e I~t .uch Corporation ueculed lhe same. ;: ~/" ~.A~ ~ t.,. ..... PAT:'~:" ~ING Not.,,'. Si,n.lule " ...... (l.' .. ~(...(t ......... v. ........ ~.7.:';!i~ ...................................... .. ~.. NOTARY rU8UC·CAL"OfINIA U Ioi: ,.'NCWN. OfflCl IN . , . IAN NQO COUNty ~.My",~.ommfs"'[""Jt.aly29 l.a3 MAIL TAX STATEMENTS AS DIRECTED ABOVE ~ , . ~ .' 'RE~ORDING REQUESTED B;'n WHEN RECORDED MAIL TO: • • CITY OF CARLSBAD 1200 Elm Avenue ) ) ) ) ). ) prff1- Carlsbad, California 92008 Space .above this line for Recorder's use Documentary transfer tax: $ No fee , 11 tI tt 701\ S~gnature of declarant determining tax-firm name . City of Carlsb~d r-? /('.7-2S'd.--2 7!t1'.> 3' Parcel No. ~ I (g';" 01" -~~ 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 _..t;;;A~pl...Lr_jI...J.L..-__ ' 19..a.,L by and between Community Resources .Corporation (name of developer-owner) a ~Cfolo""r""!?,j,.IJ-Ou.r .... a:wt,-J.I...J· 0...,., .LJn ______ ~...,,:-----....... -, her e ina f t err e fer red to as (Corporatlon, partnersh~p, etc.) "Developer" whose address 1S 1335 Hate} Cjrcle SOJJtb, Spite 201 (street San Diego, Ca. 92108 and THE CITY OF (C it y, s tat e, ·z i p cod e) 'CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address 1S 1200 Elm Avenue, I Carlsbad, California, 92008. WIT N E SSE T H: WHEREAS, ~eveloper is"the owner of the real property described on Exh ib i t "A:, at tache d here to and made a par.t '0 f th ~s agreemen t, hereinafter referred to as "Property"; and W,HEREAS, The Property lies within the boundaries of City; and . . WHEREAS, Developer proposes a development project as follows: REV 4-2-82 .. 'on said Property, • which development carries • the proposed name of Pueblo Del Oro and is hereafter referred to as "Development"; and , WHEREAS, Develop er fi led on the --=1~5 __ d ay of _-£.lA;l:::p:.=r-.:;!i ... I=---_____ _ 19 83 , with the City a request for Tentsative Subqjvj sian map 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 recog~ize the correctness of Council Policy No. 17, da~ed April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and serVlces 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 service~ will be available to meet the future needs of the Development as it is presently propo~ed; but the Developer is aware that the City cannot and,will not be able ,to make ~ny such finding without financial assistance to pay for such services and faciliti~s; and therefore, Developer prop~s~s ~o hel~ satisiy the General Plan as implemented by Council Policy No. 17 by payment of a public faciliiies fee.' -2- REV 4-2-82 } ~; • • NOW, THEREFORE,"~ consideration of the rec ,als and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee ('T' in an amount not to exceed 2%(~f the building permit valuation of the building or structures to be constructed in the Development pursuant. to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on ,the valuation at that time. 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 0 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 shali include .community apartment or stock cooperative. The terms ."other' construct ion permitstl, "other construction permit" and "entitleJP,ent for use" as . . use din t his a g r e erne n ~, ex c e p tin ref ere n c e tom ob i I e h o.m e sit e s 0 r proje"cts, shall not, refer to grad·ing permits or othet: permits for the construction of underground or street improvements 'unless no other II permit is necessary prior to the use or occupancy for which the development is intended. Developer shaLl ~ay to City a public faciliiies fe~ in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. , The fee shall be pa~d prior to the issuance of building or other construction permits for the development. This fee 'sha11 be i~ addition to any fees, dedication'~ or improvements required according to T'itles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 •• • 2. The Developer may offer to donate a site or sites' for public facilities in lieu of all or part of the financial obligation agreed upon' in Paragraph 1 above. I~ Developer offers to d'on'ate a· s'ite 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 io the. issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Si.tes donated under this paragraph shall not include improvements requi~ed pursuant to Tit Ie s 1 8 0 r 2 0 0 f the Car 1 s bad M u n i c i p a I Cod e. Developer shall be entitled to th? full credit due Genstar, previo'::l5 CMner, under their 3/4/80 Agreep-ent. 3. Th1s agreement and the fee pa1d pursuant hereto are requ1red to ensure the consistency of the Development with the City's General Plan. If the fee i s no t p aid a s provided herein, the Cit y will no t have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any app!oval or permit for the Development shall be void. No building or other c~nstruction peimit or entitlement for u~e shall be issued un til the pub lie . f a c iii tie s fee r e qui red by t his a g r e e m en tis p aid. 4; City agrees to'deposit the' fees paid pursuant to this agreement in a public facilities furtd fgr the financing of public facilities when the Cit~ Council determines .the need exists to provide th~ facilities and sufficient fun~s from the paym~nt of this .and similar public facilities fees are available • . S. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public age n c i e s as e v ide n ceo fad e qua t e p u.b 1 i c f a c iIi tie san d s e r v 1 c e s sufficient to acc9mmodate the needs of the Development herein de.scribed; -4- 6. .' • • All obligations hereunder shall terminate 1n the event the Requests made by Developer are not apprbved. 7. Any notice from one party .to the other shall be in writing, ~ / and shall be ~ated 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 mannel~: 7.1 If notice 1S g1ven to the City of personal .delivery thereof to the City or by depositing same 1n the .United States Mail, addressed to the City at the addtess .set forth heretn, enclosed in a sealed envelope, addressed to the City for attention of the City M~nager, postage prepaid and certified. 7.2 If notice 1S given to Developer by personal delivery . . thereof to Developer or by depositing the same 1n the United States Mail, enclosed in a sealed enve19pe, addressed to Developer at the address as may have been designated, P9stage prepaid and certified. 8. This agreement' shall be binding upon and shall inure to the benefit of,ano shall apply to, the respective successors and ass1gns :'of Develop~r and the City, and references to Developer or City herein shall be .deemed to be reference to and include their respective successors and' assigns yithout specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer here~nd~r shall terminate; provided, howe~er; that any successor of Develoi~r's interest in the property shall have first assumed in writing t~e Developer's obligations hereunder. 9. This agreement shall be r~torded 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- , " } III I:: III % III .J L ~ • • IN WI!NESS WHEREOF, this agreement is executed 1."n San Diego County, California as of the d ate f"i r s t e DEVELOPER-OWNER: C(::~~ft'Y Resources Corporati on BYD~an~~ (Title) Chairman of th 'e Board BY -------------------- (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk AP~ROVED AS TO FORM: VINCENT F. BIONDO JR ). , . , City At to,rney CAT. NO. NN00737 TO 1945 CA (7-82) (Corporation) STATE OF CALIFORNIA written above. .., ., CITY OF CARLSBAD a .' , corporat10n of the municipal State of California BY . City !1anager -• TITlE INSURANce . AND TRUST A l1COR COMPANY ~e ! COUNTY OF 6')N 1) leoo On~{. I~ /'i/~ before me, the undersigned, a Notary Public in and for said State, personally ap'peared 2J€8N 7/rleesNJ8e.ea- } ss. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as th:.e_-;=:::-:-===~~ ___ _ £1;e'sid eli~and .3I!F~'I ..... -n:f..-,-=~"""'~~L.z:.':""-----personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within mstru- ment pursuant to its by-laws or a resolution of its board of directors, .... 0" OFFICIAl. :'i~:AL , ...... "< CHRISTINA B. COURTNEY r-'" '.,.OtAliV l-"\ltH.IC (;.ALlfORNIA ~ PRIf,r.,PAl OFFICE IN c SAN DIEGO COUNTY L My Commission Expires April 25, 1986 nn»IIIIUIUlUnnYUUlUIWIWOUlltIIllUIIIlUliliUliilulllIlunlmullllnmIlIU,IlIiIlUIIIIIUmluillltllll ,.' • • EXHIBIT "A" LEGAL DESCRIPTION ,... . , lDtS 1 through 12 of carlsbad tract number 79"-27 as per map #' 10161 ;filed in 'the office of the County Recorder of the' County of San Diego on ! ! . /I • • • CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438-5551 r RECEIVED FROGE-, G;, ~~r t?f t~~ 3\ \ \ 8"1-- f, ADDRESS ---LnCD \ r A/C. NO. DESCRIPTION AMOUNT 1----------~----==------~--~-----+----~-- I-0 \-.--..--.. [~~~~--~~~~~--------------~~~~-----! ~~~~~~~~~~I I--+--~~----+--.......---: r --+------f-!iI--~\----t-""t-1 37207 TOTAL \ CASE NO. DA'IE RECEIVED: 3 -/-f? t/ ----~---~~~------------- REQUEST: / So ,4 ~ xU.de /Y2.t at apt.4 bm ead:, Na..-a.d s ~ W~ t<J~. ENVIRC>NMEN'Iru:.. EXEMPT OR EXCEP'IED: ---------------------------------- Posted: Prior Compliance: (Q.9~. Published: ------------------------------------------------ Filed: Filed: NEGATIVE DEClARATIOO: -------------------------------- posted:_--1t!_" ...;:30=-~ ~..;;...4-__ __ Published: !5~ f;>'-~~ --~"'--~--=-!---Notice of Dete:rmi.nation: ---------- ENVIRONMENTAL IMPACT REPORT: ____ ----,~,.........-_:::_- Notice of Notice of Preparation:______________ Crnlpletion: _________ _ Notice of Detenn.ination: ------- PIANNThIG COMMISSION 1. Date of Hearing: to..., I o-~L/ 2. Publication: M I t9 • 3. Notice to P;roperty CMners: tJ. j f1 I 4. Resolution No. _________________________ _ (COntinued to: ----------------------------- 5. Appeal: ______________ _ CITY COUNCIL 1. Date of Hearing:' ______ ...;' IJ--I-it..L·/!..:...· _____ _ 2. Notices to City Clerk:· _________ _ 3. Agenda Bill: _____________ _ 4. Resolution No. ------------------------- 5. Ordinance No. -------------~------------- CORRESPONDENCE Staff Report to Applicant: _________ _ Resolution to Applicant: ______________ ~------ Date: --------------- Date: ------------- ACTION: Appro! ed., Co (lc/ ~ +t 0 VI .:6! 02f ACTION: --------