HomeMy WebLinkAboutPCD 64; ACACIA APARTMENTS; Planning Commission Determination (PCD)-LAND US
DISCRETIONARY ACTIONS
REQUEST
q Zone Change
CJ General Plan Amendment
Q Tentative Tract Map ~Major Planned Unit Development tl Master Plan--o Major Redevelopment Penni t
DMinor Redevelopnent Pennit
[Jprecise Development Plan
(check other bOxes if appropriate)
aSpecific Plan
(]Site Development Plan
ClOonditional Use per.mit
OVariance
jOPlanning Commission Determination
DSpecial Use Per.mit
OStructure Relocation
[]Major Condominium Per.mi t
I'--"""""'-.....<:;...~--__ .~-"-~~ ;;:;;:..---.,----------'-------------------------1
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I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
-fifteen (15) copies of items B-D
-items E-O
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + S~OO acre
Minor $185.00 + 2.00 acre
Amendment: Major $440.00 Specific Plan
Tentative Tract Map
1. Application Form
2. General Requirement Items
fifteen (15) copies of item A
items E-P
Minor $ 75.00
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or .lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
fifteen (15) copies of items B-D
items E-O
3. Conversion to Condominiums -list of names and
addres.ses of all tenants of the proj ect, proof of
notification of the tenants 60 days prior to filing
tentative map.'
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~PL&~AL INFO&~TrON· FORr1 •.
~. VARIANcE .
\ .
1) Gross Acres (or square footage~ i~ less th3n acre) --,---.,;,..g_aL-I_7._'M.....:..,....._~.-;..... __ _
2} Zcne #8
3) General Pla.'1-Land· Use. Designaticn ',2# J!O" 80 Po a ,PCJlZ-~
.4) By law a variance may be approved cnly if certain facts are found to exist.
Please read t.l"ese requirements carefully ~d explain how t1:e p:r;o,POsed
project meets each of theSe. facts. ~e· additicnal sheets if necessary_
,.,... If after the information 'you hav~ submitted. :pas been rev~ewed, ~5-".h",determi~ed
, i \, • t.hat further information' requl.red" you wl.~l be so ad'iiiilked_>. ' r'f-¥~ ,,' .. A ~/A?/TCP ,·IJ . --.' I. ~. ~y-' "P~~?
Y APPLICANT: HACOIYH::.. Ff:O~ -k7~t~ 17.' ,
Name (individual, partnership" joint venture, corporation, syndication)
AGENT:
. NEl<IBERS :
-r-1O?2 ! ~W~I bI Vf=U-e-X' ; ~ Business Address
Telephone Number . ," , . .. .
Jd/HJ 'k Id--JOE:L " ~ ~~IJ:€IJ=-?
Name
Business Addr~s~ ,
TelephoneNwriber " ."
LAtt¥ ',v.LQo0W ,',
Name '(in~i idual, partneT joint. _
venture, corporation, syndication)
--trome Address' "
(-00 m'A IIV VAlltly' (4-Q270S
Business Address ~ 6 It Af[}l iAl tLlU.&'~ I ~ q 2. 708
. 5f)lJfe .
Telephone Number Telephone NUrtlber-
1-0 l) i~ r."Ji; fit; .
3~siness Address " -
4Is-~41' .. <OJ]g
TalepOOr-a Number Telep~ne ~~tm)ber
(Attach more sheets if necessary)
I/He decla::e under: penalty 'of perjury that the information contained in this'dis-
closure is true and correct and that it will remain r e and correct and may be'
relied upon as being true and correct until amende .
----------------------------------------------------------------------.-•
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
o
Name (Prl.nt)
FORM: PLANNING 37, REVISED 3/80
Relationship to Application
(Property Owner-Agent)
\
APPL'TION FOR COASTAL DEVELOPMENT.WIT
APPENDIX B ---
LOCAL AGENCY REVIEW FORM
ISECn-DN A (To be completed by applicant)/
Appli cant :kbla2Mf?: ~ ~. *,
Project description CiPN?'i"1:'4C't"PH t>F J=. 'Z.O UNa: ~
CO~.
-,
,..--_,..--_____ .....,-___ .....;Assessor IS Parcel Number :u?"l. l~' t4
ISECTION B (To be completed by local plam1ing or buiMng inspection department)/
Zoning designation _______________ _ dulac
General or Community Plan designation.,..--_______ _ dulac
Local Discretionary Approvals
o Proposed development meets all zoni ng requi rements and needs no local permi ts
other than bui 1 di ng permits.
o Proposed development needs local discretionary approvals noted below.
Needed Receiyed
0 0 Design/Architectural review
0 0 Vari ance for
0 0 Rezone from
0 0 Tentati ve Subdi vi s ton/Parce 1 Map No.
0 0 Grading/Land Development Permit No.
0 0 Planned Residential/Commercial Development
0 0 Site Plan Review
0 0 Condominium Conversion Permit
0 0 Conditional, Special, or Major Use Permit No.
0 0 Other
CEQA Status
o Categorically EX-empt -Class Item~ __ _ o Negative Declaration Granted:,-." _________ _
o Environmental Impact Report Required, Final Report certified _______ _
Prepared for the City/County of _--.-___ ---:by _____________ _
Date _____________ _ Title ______ ~ ___ _
'oJ ~ , S:..L. 9 I 000 l Dol t
INTERIM BINDER FORM A
ISSUED BY
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
TO : INCOME PROPERTY "ASSOCIATES .5 FEE: $1 .. 031.25
NO. : 1119036 -A
DATED:APRIL 6, 1984
TICOR TITL~ INSURANCE COMPANY OF CALIFORNIA, HEREBY AGREES THAT IT
WILL ISSUE, AS OF THE DATE SHOWN ABOVE, ITS CLTA OWNERS
POLICY OF TITLE INSURANCE WITH A LIABILITY NOT EXCEEDING $275,000.00
INSURING TITLE TO THE ESTATE OR INTEREST DESCRIBED TO BE VESTED IN THE
VESTEE NAMED HEREIN SUBJECT ONLY TO THE EXCEPTIONS SHOWN HEREIN AND TO
ALL OF THE PROVISIONS OF THE POLICY, OR IN THE ALTERNATIVE, IF A VALID
AND SUFFICIENT INSTRUMENT CREATING AN INSURABLE ESTATE, INTEREST OR
LIEN IN FAVOR OF THE PURCHASER FROM THE VESTEE HEREIN
EXECUTED, DELIVERED AND RECORDED WITaIN 730 DAYS FROM THE DATE sHb~m
ABOVE. THE POLICY WILL BE ISSUED AS OF THE DATE OF RECORDING THE
INSTRUMENT, INSURING THE ESTATE, INTEREST OR LIEN SUBJECT ONLY TO THE
AFORESAID EXCEPTIONS AND PROVISIONS OF THE POLICY AND TO LIENS,
ENCUMBRANCES AND ANY OTHER MATTERS AFFECTING TITLE WHICH SHALL HAVE
INTERVENED, OR OCCURED, OR BECOME FOR THE FIRST TIME DISCLOS,ED OF
RECORD BETWEEN THE DATE SHOWN ABOVE AND THE DATE OF RECORDING THE
INSTRUMENT, INCLUDING THOSE MATTERS AFFECTING TITLE WHICH MAY BE
ATTACHED AS A RESULT OF THE RECORDING.
THE BINDER IS NULL AND VOID 730 DAYS FROM THE DATE SHOWN ABOVE
OR WHEN THE POLICY IS ISSUED, WHICHEVER SHALL FIRST HAPPEN.
TICOR TITLE INSURANCE CO~~ANY OF CALIFORNIA
BY
BY
ASSISTANT VICE PRESIDENT
J , •
.. INTERIM BINDER
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS:
A FEE .
2. TITLE fo THE ESTATE OR INTEREST COVERED HEREBY AT THE DATE HEREOF, IS VESTED IN:
INCOME PROPERTY ASSOCIATES #5, A LIMITED PARTNERSHIP
3. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
ALL OF LOT 20, BLOCK lip" OF PALISADES,IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1747, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 5, 1923~
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 20; THENCE ALONG THE
WESTERLY LINE THEREOF NORTH 34°33' WEST 154.00 FEET; THENCE LEAVING
SAID WESTERLY LINE NORTH 55°27' EAST, 58.17 FEET; THENCE SOUTH 34°33'
EAST 79.00 FEET; THENCE SOUTH 55°27' WEST 6.00 FEET; THENCE SOUTH
34°33' EAST 75.00 FEET TD THE SOUTHEASTERLY LINE OF SAID LOT 2G, SAID
SOUTHEASTERLY LINE BEING ALSO THE NORTHWESTERLY RIGHT OF WAY LINE OF
ACACIA AVENUE 60.00 FEET WIDe; THENCE ALONG SAID SOUTHEASTERLY LINE OF
LOT 20, SOUTH 55°27' WEST 52.17 FEET TO THE POINT OF BEGINNING.
4. EXCEPTIONS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1984-85
A LIEN NOT YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE
OF CALIFORNIA
2. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN DATED OCTOBER 11, 1979
·AMOUNT : $69,.500.00 TRUSTOR : 380 ACACIA PARTNERS TRUSTEE : STEWART TITLE COMPANY OF SAN DIEGO, A CALIFORNIA
CORPORATION
BENEFICIARY : STEPHEN H. SMALLEY, A SINGLE MAN
1119036-A PAGE 1
. , • -.---~-.. ------.-"""------" ~ ----. -.-.--._--~ . .----... _-------.-~ ---------_.--_.---. ---... ----~--~----
RECORDED SEPTEMBER 9, 1981, RECORDER'S FILE NO. 81-287898
3. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF.THE
AMOUNT STATED HEREIN
DATED MARCH 26, 1984
AMOUNT $105,500.00
TRUSTOR INCOME PROPERTY ASSOCIATES #5, A LIMITED PARTNERSHIP
TRUSTEE eALIFORNIA FIRST BANK, A CALIFORNIA CORPORATION
BENEFICIARY 380 ACACIA PARTNERS RECORDED APRIL 6, 1984, RECORDER'S FILE NO. 84-125726
1119036-A PAGE 2
r CAT. N,O. NN01056
TO 2344 TTICA ('1-112)
ENDORSEMENT
ISSUED BY
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Attached to and forming a part of:
1. Commitment No.
2. Policy of Title Insurance No.
or
3. _________ No.
il19036-A (BINDER)
WHEREAS, Title Insurance and Trust Company has changed its name to Ticor Title Insurance
Company of California.
NOW, THEREFORE, wherever in the commitment, policy, or other document to which this
endorsement is attached the name "Title Insurance and Trust Company" appears, it is hereby
amended to the name:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
This endorsement is made a part of the commitment, policy, or other document to which it is
attached and is subject to all of the terms and provisions thereof and any prior endorsements
thereto; Except to the extent expressly stated, it neither modifies any of the terms and provisions
of the document and prior endorsements, if any, nor does it extend the effective date of the docu-
ment and prior endorsements, if any, nor does it increase the face amount of liability thereof.
IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto
af~ixed by its duly authorized officers.
Dated as of the date of the document
to which this endorsement is attached.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
President
Secretary
Principal Office: 6300 Wilshire Boulevard P.O. 80x 92792 Los Angeles. California 90009
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San Dlelo, California, 92101
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CITY 0; CAALSBAQ "
PALISADES
~LK.P
MAP 1747
"0:0. Ilil
~C"L£ • IN_tGO f T.
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,. RECORDING REQUESTED_"
nCOR TITLE INSURANCE'C~NY lll~~~ TITLE ORDER NO ............. ;. ............... . . .
I ESCROW NO •..•.. ~J:}J.?~ ................. .
AFTER RECORDING MAIL TO
Mr. Larry \.Joody
10221 Slater Suite 103 .-.................................................................... -........................ .
Fountain Valley, CA 92708
1239
RF
, -. 64-125725
~RECORDED 'Nil OFFICIAL RECORDS
Of .SAN DIEGO COUNTY, CA..
1984 APR 6 AM8:00
VERA C. LYLEU COUNfl RECORD[Jl
SPACE ABOVE FOR RECORDER'S USE ONLY
Grant Deed A.P.N. 204-150-14
The undersigned grantor(s) dedare(li):
Documentary transfer tax is S_....:2:.:~::.6:...:...0:.:5::.-_____ _
( ) computed on fuJI value of property conveyed, or ( xX computed on full value Jess value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (XX) City of Carlsbad ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
380 ACACIA PARTNERS
herchy GRANT(S) 10
r
. INCOME PROPERTY ASSOCIATES 115 J a lim! ted partnershi.p
the following described real property in the
Counlyof San Diego
c'rty o-P (!f1I2.LS·MD
, State of California:
\ ;
A portion of Lot 20, Block "p" of PALISADES, in the City of Carlsbad, Cot!n.t...}':_
of San Diego~ Sta ..... !;! o.f California., according 1:0 i'iap thereof No. 1747 filed
in the Office of the County Recorder of San Diego County, February 5, 1923,
as more particularly described in Exhibit "A" which is attached hereto.
Dated MaJ;"c;L~~ ,---=.1.:::;,9,:::.8...:..4 __ -'=-___ --"-"""-_
STATE OF CALIFORNIA .,:}'
:-......I.::.:.u.<. _____ ·.)i·SS. COUNTY OF ('.!'h' NGE
Onl1],BCll 28 ,J.L.9.!..!R.::!4 _______ be(()re me, the under·
lisned, a Nolary Public in' and ,(or said Counly and Slale, personally
appeared * * * * * * * * * * * * * *
A. S,\ "DY :l.T.E.ll'ER * * -* '* *. ,I. -I~ * * * * ~ '* oJ-of':-~ ~ + ..,. .,.. .,.. ..,.. .,.. .,.. .,.. ... *' * 'k
* * * * * * * * * * * * * * * * * * * * * * * * *. * * +. * * * * * * * * . known 10 me
10 be the perso/l __ whose name~lub.cribed to the wilhir:
l'.~d~~~;.a='
Name (Typed or l'rinlcd)
Notary Public in and for .aid County and Siale
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By:
By:
FOR NOTARY SEAL. OR STAMP
MAIL TAX r STATEMENTSTO __ \~A~d~d~r7e~s~s_S~~h~0~wn~.~,~A~b.o~~v~e~. ________ ~ ______ . ____ ~ ____ ~. ____________ --__ _
Name Street
----------------Sr3lr. lip
FORM ,4090, 4179 PS
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CAT. NO. NN00630
TO 194" CA 11-821
(Partnersh ip),
1240
EXHIBIT "A"
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All of Lot 20, Block "p" of PALISADES, in the City of Carlsbad,
County of San piego, State of California, according to Map thereof
No. 1747 filed in the Office of the County Recorder of San Diego
County, February 5, 1923.
EXCEPTING THEREFROM that portion described as follows:
Beginning at the Southwesterly corner. of said l;ot 20; thence along
the Westerly line 'thereof North 34°33' West 154.00 .(eet; thence leaving
said Westerly line North 55°27' East, 58.17 feet; thence South 34°33'
East 79.00 feet; thence South 55°27' West 6.00 feet; thence South'
34°33' East 75.90 feet to the Southeasterly line of said lot 20, said
Southeasterly line being also the Northwesterly rj,ght of way line of
Acacio. ! .. v;::r;-..:;e SO. DD :::eet w:~de; the~ce along said Southeasterly line of
Lot 20, South 55°27' West 52.17 feet to the point of beginning.
1 I
• TI1U! INSURANCE ANDmusr
STATE OF CALIFORNIA 'I, i SS.
,,--
COUNTY OF Ot:'ange
~n March 26, 1984 _____ before me, the undersigned, a Notary Public in Ilnd for
said State, personally appeared, Micha~:...ll: Steiner. ~~~~--------~--------
• personally known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within jnstrum~nt lIS
one of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same. .
WITNESS my hand and official sea!.
[
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-RECORDING REQUESTED BY AND
WHEN· RECORDED MAIL TO:
CITY OF CARLSBA~
1200 Elm Avenue
. Carlsbad, California 92008
)
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Space above this line for Recorde~js
MAY 16 1984
use
Documentary transfer tax: $ No f.ee
signature of declarant determining
tax-firm name
City of Carlsbad
Par c e 1 No. 'u::4' re:c> . 14
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
. THIS AGREEMENT is entered into this L2--day of ~~ 19~
by and bet we e n_...:1 N ... C.-.. .... O-t.M-&..a::t:<~-..I.fF6--'--~P?£r:--:;;..-'--..L..·4-+_-----L~---:::.....::::;· ';::;:;".::::1.. ~~~=··:;...7~> _~_.;;....::&
(name of developerMow~er)
a (!~~~~I. ~W&er.hiP'
"Developer" whose address 1.S
, hereinafter referred to as
et c. )
and TJ.IE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WIT ~ E SSE T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached h.ereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the bounda"ries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
on said Property, whi~development carrles the ~osed name of
and 1S hereafte'; r~ferred to as "Devei"opment"; and
WHEREAS, Developer filed on the 17 day of ...,..t6e->(~ .. =~--_,..; __ _
19 84-, with the City a request for CON51]4..}C':\\O~ Or-
1=-'1-D U\-\rc *=Pl7~"\t\t\:IT 422P\g=j..~
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
f i lew i t h the Cit y C I er k and i sin cor po rat e d by t his ref ere n c e) ; . , add
WHEREAS, Developer and City ~ecognize 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 serv~ces are at capacity and will not be available to accommodate
the additional need for public facilities and serV1ces 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 futu~e 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 f~e.
-2-
REV 4-2-82
" .
NOW, THEREFORE~ consideration of the re~ls and the
covenants contained herein, the parties agree as follows:
... ----I. The"Uev'eloper shall pay'to the City a public facilities fee
in an amount not to exceed 2% of 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 tode. Condominium shall include community
apartment or stock cooperative. The ter'ms "other cons truct ibn
permits", "other construction permit" and "e.nt itlement 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 pubiic
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
2. The Developer may offer to donate a site or sites for public'
facilities in li~u of all or part of the financial obligation agreed
upon 1n 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 pri~r 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 ag~eement and the fee paid pursuant hereto are ~equtred
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 a~surances 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 !J ·')-82
6. All Obligati~ hereunder .hall t.rmina~n the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such 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 not~ce ~s given to the City of personal delivery
thereof to the City or by depositing same ~n 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 ~s given to Developer by personal deliveLY~
thereof to Developer or by depositing the same ~n the United Sta~es
MailJ enclosed in a s~aled envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall "inure to the
benefit of~ and shall apply to, the respective successors and ass~gns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to an~ 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
/)lCO;ife ,PJ?CP6PlY ~~
(name)
BY £A;P,e.y A/. J1I;XZ?Y ~ ~BY_........----= ________ _
City Manager
(Title)
BY ______________________ ~ ____ ___
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
State of California
o __ }ss. County of range
PARTNERSHIP ACKNOWLEDGMENT FORM 7130052
On this the l2tlxlayof --1M:J,<a:L,:y"-_______ 19-B.4, before me,
MaryAnn C Williams
the undersigned Notary Public, personally appeared
Larry N Woody
o personally known to me
Kk proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
~e /t/-vd~
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.· Woodland Hills, CA 91364
"
! !
I .1 I j
... , t
EXHIBIT "A"
LEGAL DESCRIPTION
~ ~~ ,pI" LOr -W "ff1'-U7~(il"::-7 -~j::..-f'
I ~ IH~ ell" o·t ep.~~) ~ 1747
"
POOR
QUALITY
ORIGINAL (S)
, "
, I
I
Ii
CITY 0 CARLSBAD ..
1200 ELM AVENUE .:. CARLSBAD, CALIFORNIA 9200l-.......... "'"
438·5551
A/c. NO. DESCRIPTION AMOUNT
-
17,-
39440 TOTAL
,
(~ CITY OF CARLSBAD 0.
1~tJO ELM AVENUE • CARLSBAD, CALIFORNIA &':;008 ,
438-5551 I
I
i
!
RECEIVED FRO~i~cCH6 Hc,oF..r?ot(rE LI/5'IAL!
I
AS,SDCY /J7 F <; Jl/Jo s-.. rl
ADDRESS
A Ic. NO. DESCRIPTION AMOUNT
'DO~-810-. -;R-o 7 VO-f{ lQ V\C-e I~O -
)
..
~t;161~
[1," .. ,'a· ~ $'\' ' "'0'.0
",-"-'~,.j,-~ ~
I~ ~~~ ~\ , ~=i},. I!! ~ o~~'t ~\ . ..... ' ";". -~~~~ all """ I \If> ~~ ~~ ,~ !\J
~ W .. ;
~~ ~L _ .. d~
~~os:.!>~ . . .
44108 . -~TAt.:: ~d-O --
--_._---
'-" CITY OF CARLSBAD i \ 1~ ELM AVENUE • CARLSBAD, CALIFORNIA W8
438·5551
1'-'
I / /~)'lrc: /j I) 7d' r A r -',. ,,-( " RECEIVED FROM-l/l t ( t (1-I' (. I ·C { DfTE
A ' I / lUi iLl r:, sc {II /t! ;:: .. '?, -.
ADDRESS S-
A/C. NO. DESCRIPTION AMOUNT
CCI-f·/C -V~\. r tC\ ~ \L-S A/";<C -( ,.. c 1 (~(;"'\ "
#o1617~
r ,,'?I 1.9
~"v ~~ ·v~' ~ ~ ~ 0 ~~~ ..... ~ ,~~~~ i~l CI)
\~ ~-~~""~ ""~c:.~ . )
~~ ~ Y-(j-(j '--' ,>,
~ct .' , -:". (
~. aY' ..... LE:OE6~,
£, "l nO TOTAL .~) .., I~' -i-.... !, \,... IJ 1.-'_'
. ----
,
~. '.' .. -:..
," . , '-.. " -... ,'.
", '.-·'II"!':'. .. .
"Y ,_,,~
"
CASE NO. DA'lE RECEIVED: __ ~+-Z;_2_2---rl/,,--. 1d-6 =r-cj--
ENVIRONMENTAL
EXEMPT OR EXCEPTED: -------------------------------
Posted: ________________ ___ Prior Compliance: -------------------Published: ------
Filed: Filed:
NEGATIVE DECIARATION: __ ---''--_________ _
Posted: Published: Notice of Detennination: ------------------------------------------
ENVIRONM.:E::N' IMPACT REPORT: Notice of --------....,No=-ti~· c-e-o-::f~
Preparation:____________________ Cbmpletion: _______ __
Notice of
J)etennination: ---------
PIANNrnG COMMISSION
1. Date of Hearing: __ -L/~d:._-...!..J =~,--....::..g tI.J.--___ _
2. Publication: ',Ci--' -~4
3. NoUce to Property CMners: 11-'Be'; gt/-
4. Resolution No.
-----------------------~-Date:-Hr/@o-.' -...:.;/~=-· _-&",-,4,---ACTIoN: fI P(2[QcJ eo(
(Continued to: -------------------------------------
5. Appeal: ____________________ -
CITY COUNCIL
1. Date of Hearing: ' tv / /J ---------------~,~~---------------
2. Notices to Ci ty clerk:' __ ~iJ"+l.J.;;.t1''-'-----
J. Ag'enda Bill : _______________ __
4. Resolution No, ___________________________ ___ Date: -------------ACTION: ----------
5. Ordinance No, ________________________ __ Date: -----------
CORRESPQNDffiCE
Staff Re]JOrt to Applicant: __________ _
ResolutioL to Applicant! _____________________ _
<,
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