HomeMy WebLinkAboutPCD 65; ADELCO APARTMENTS; Planning Commission Determination (PCD)LAND USE 'PLANNING A PLICATION
DISCRETIONARY AcrIOOS
REQUEST
o Zone Change o General Plan Amendment o Tentative Tract :Map
, '0 Major PIanned Uni t pevelopment'
'OMa$ter Plan ' '
. DMajor Eedeveloprnent Pebni t
'DMinor RedevelOfXt1ent Permit
,0 Precise Development Plan
(qheck 'other I:x:>xes if appropriate )
DSpecific Plan
[JSite Development Plan
,OConditional Use 'Permit
, ,OVariar:lce ,
, ;IXIPlanning Ccmnission :Determination' ,
OSpecial Use 'Permit.
.DStructure Relocation
-.lJMajor Condominium Permit
necessary
in th:r::ee sen
buildings, l.and 17covered 'parki .'
with stor
-,
Location of Pro ect
240 Ch.inquapin Avenue, near Gc;u;-field
Zone
RDM
ThomasL. Murdock
2211 ,Silver Peak Place
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FIDELITY NATIONAL TITLE INSURANCE COMPANY
2815 Camino Del Rio South, #250
San Diego, California 92108
P. O. Box 85589, S.D., CA 92138
Phone(619) 295-7332
North County 748-4110
727-1852 & 753-6321
PRELIMINARY TITLE REPORT
To:
GORDON BIZIEFF
P.O.' BOX 1848
Carlsbad, California
Attention:
Copies to:
Your No. STRASMANN/PMG
Our Number 843590-S
Date: _May 18, 1984
Dated as of May 13, 1984 at 7:30 A. M.
BILL SCHUFFERT
Title Officer pmk-12
The fO.rm of Policy or Policies of title insurance contemplated by this
report is:
CLTA Owners/JP/Loan Policy
ALTA Loan Policy
The estate or interest in the land hereinafter described or referred to
covered by this Report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
STRASMANN PROPERTIES, a general partnership
NOTE: It is our understanding that title to said estate or .. interest in
said policy is to be vested in:
The land referred to in this report is described as follows:
The Southwesterly 60.00 feet of Lot 1, Block "s" of PALISADES NO.2, in the
City of Carlsbad, County 'of San Diego, State of California, according to Map
thereof No. 1803, filed in the Office of the· County 'Recorder of San Diego
County, August 25, 1924.
At the date hereof exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form· would be as shown in
Page 2, et. seq. attached hereto.
-~PRELIMINARY TITLE REP~ CONTINUED:
PAGE NO. 2
ORDER NO. 843590-S
1. General and special taxes, a lien not yet payable, for the fiscal year
1984-85.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 498, Stats. 1983 of the State of California.
3. A Deed of Trust to secure an indebtedness of $74,550.00, recorded April
20, 197~ as File No. 78-157597 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
March 24, 1978
STRASMANN PROPERTIES, a general partnership
WESTLAND TITLE COMPANY, a California corporation
ROYCE G. BOND AND WARDA R. BOND, husband and wife as'
. j oint tenants
The amount due, terms and conditions of said indebtedness should be
det~rmined by contacting the owner of the debt.
1983-84 TAX INFORMATION:
Code Area:
Parcel No.
1st Installment:
2nd Installment:
Based on Land:
Improvements:
9000
206-020-16
$669.63 PAID
$669.63 PAID
$75,026.00
$37,513.00
NOTE: SHORT TERM RATE DOES NOT APPLY.
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLlCY-1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of
the following:
Part I
1. Taxes or assessments which are not·shown as existing
liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public.
records.
2. Any facts, rights, interests or claims wbich are not shown
by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof.
which are not shown by the public records.
4. Discrepancies, conflicts in boundry lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (Q) reservations or except-
ions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond
the lines of the area specifically described or referred to in
Schedule A. or in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the extent to which the ordinary right of an
abutting owner for access to a physically open street or
highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of
the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of
any such law, ordinance or governmental regulation.
S. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in
the public records.
9. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not
otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the
insured claimantto the Company prior to the date such insured
claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created
subsequentto Date of Policy; or (e) resulting in loss or damage
which would not have been sustained ifthe insured claimant
had been a purchaser or encumbrancer for value without
knowledge.
AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the
character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of
any such law, ordinance or governmental regulation. .
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records at Date of Policy~
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not known to the Company and not shown by the public records but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by
this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or
damage to the insured claimant; (d) attaching or"created subsequent to Date of Policy (except to the extent
insurance is afforejed herein as to any statutory lien for labor or material or to the extent insurance is afforded
herein as to assessments for street improvements under construction or completed at Date of Policy).
4. UnenforceabiJity ofthe lien ofthe insured mortgage because offailure ofthe insured at Date of Policy or of any
subsequent owner of the indebtedness to comply with applicable "doing business" laws ofthe state in which
the land is situated. .
Form T-911
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S4H DIEGO (OUHIY .SSESSO~·S MAP r8K ~06 PG 0'1 U'''I:'C-I''I '"1'\0 .c:-",." ....................... ~A ••••••
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MAP 1803_· PALISADES Nn , • RI r I:
, iH!t Ii\! III
.HI' H:'l i~il;, ~ lJi -'r a .-, .Jn~'~
It
-~'.,.;RECORDING REQUESTED BY AND )
'WHE~ RECORDED MAIL TO: )
)
CITY OF CARLSBAD-)
1200 Elm Avenue ~ )
Carlsbad,' Califo.rtia 92008 )
Space above this line for Recorder·s use
.Doeum'enta.ry transfe, tax~ ~ ,No ~ ~'/~,'
Signature of dec1arant determining
tax-firm name
City of Carlsbad
Parc.el No. '::Lac, -OJ-O-/h
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREE,MENT 1,S entered into this -Lday of ..;L.;;..Ju_'n=e~ __ , 19JiL
by and between
Thomas L. Murdock, JohnT. Bianchi & Culeb T. Hawkins
,(Name, of Developed , "
a Individual
_ (Co,rpoiat ion,
, ::hereinatter -referred to as
partnership, 'etc. , . . .
"D eve 1'0 per" who sea d d' res s , i s
2217 Si~ver Peak Place
Encinitas CA 92024
(Streed
(city, Statf(, zip Code)
and Fred W. Strasmann General Partner-Stra~mann PrQpertiQ~
a Partnership, h~reinafter referred to as ~'~(~c~o~r~p~o~r~a~t~i~o~n~,--e-,~t-c-.~)~----------------
"Owner" whose address'is
5'50 Havana Avenue
(Street)
Lon'g, Beach, CA 9'0'814
(city~ State, zip Code)
AND
the CITY OF CARLSBAD, a mtinicipal c~rppration of the St~te of ~alifQrnia,
hereinafter refe.rred to as "City", whose address is 1200 Elm Avenue,
Carls,bad, California, 92008.
REV 4-2-82
• RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit '!A", attached to and made a part of this agreement, and
hereinafter referred to as "Property";· and
WHEREAS, the ~roperty ·lies within the boundaries .of City; ,and
WHEREAS, Develo·per has contracted with Owner to purchase the
Property and proposes B: development project as follows: ________ _
10 unit apartment complex
on said Property, which development carries the proposed name of
and is hereinafter referred to as "Dev~lopment";. and
WHEREAS, Developer filed o.n.the day of "June ---------------------------12
19~, with the City a reques't for planning Cornmiss';on determination
11 ere in's f t err e fer red to as" R e q·u est"; and
WfI E RE AS·, t ~ e Pub 1 i c F a c i 1 i tie s E ,1 em e n t 0 f the· Cit y -G e n era 1 ;p 1 an
r e qui res t h.a t the Cit y Co un c i 1 fin. d t hat, a 11 ~ u b 1 i c f a c i 1 i tie s
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 snd incQrporated by this reference); arid
WHEREAS, Dev~loper, Owner and City recognize'the correctness of
Council Policy No. 17 dated April 2, 1982, on file witn t~e City
Clerk and incorporated by· this reference,. and that the Ci·ty's public
facilities ~nd services are at caia6ity and will nbt be available to
accommodate the ·additional ne~d for pubiic facilities and services
resulting fro~ the proposed Develoyment;·and
-2-
REV 4-2-82
\'. WHEREAS, Developer and Owner have asked the City to firtd that
public faci1iti~s an~ services will be avaiiab1e to meet ~he future
needs of the Development as it is presently proposed; but th6~
Developer and Ow~er are aw~re that the City cannot and will not be·
able to make any such ~indings without financial assistance to pay
for such services and facilities; and, therefore, Deve1op~r and
" . . ' Owner propose to help satisfy the General Plan as impleme~ted by
Council Po1icy No. 17 by payment of a public facilities fee.
NOW, THE RE FOR E, ,i nco n side rat ion 0 f the r e cit a 1 san d the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to ~he City a public
facilities fee in an amo.unt not to exceed 2% of the building perm~t
va luat io~ of the bui 1d in"g or S.t rue tu res to be con s t ruct ed in the ,
D eve lop men t. pu 1i sua n t tot 11 eRe que st. The fee shall ba paid ~rioi to
the issuance of building or other construction permits for the
"developmetit and ~hal1 be ba~ed o~ the valuat~ori at th~t ti~e. This'
fee shall be in addition to any fees, dedications or improvements
required pur~uant t6 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 amount not to exceed 2%
of the building permit valuation at the time ~f conversion. The fee
for a condominium_conversion shall be paid prior to the issuance of a
con&omin~um ~onver8ion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock coo"~:"""ative., TQe terms "other co~struction
permits", "-other con'struct'ion permi~" and ".e'ntitl'emeni. for use" as
us~d in this agreement, except in reference to,mobi1~home sites or
-3-REV 4-2-82
' ..
~ projects, shall not refer to grading permits or other permits for the
cqnstruction of-underground'or street improvements unless no other
permit is necessary -prior to the use or occupancy for which the
development is i~tended. Developer and Owner shall pay to City a
..
public facilitie~ .. fe'e in the sum of $1,150' for each mobilehome space
to be constru~ted pursua~t to the Request. The fee sha~l 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.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in. ~ieu of all or Rart of the financial
obligation agreed upon in Paragraph 1 above.. If Developer and Owner
offers to donate a si~e ~r sites for p~blic facili~ies, the City shall
consider, but is not 9bligated. tq accept the offer~ Th~ time for
. . , donat~on and amount of credit against th~ fee shall.be determined by
City prior to the issuance of any builditfg or other permits. Such
determinat~on, .when made, shall b~come a part of this agreement.
Sites dDnated under this paragraph shal~ not include improvements
required pursuant tp Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the con~i8tency of the.Development with the City's General
Plan. If the ~ee is not paid as provided herein, the City will not
hav~ the funds to provide public facilities and services, and the . '.
development wi'lI"not be 'consi~-ent with t·he General Plan and any
app rov a.1 or permi t f o'r th e Deve 10 pment sha 11 be VQ i d.. No b ui ld i ng 0 r
other construction· permit 9r entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.'
-4-
REV.4-2-82
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4. City agrees to deposit the fees paid pursuant to this
agreement in ~ i~blic facilities fund for the financing o~ public
facilities when the City Council determines the nead exists to
provide the facilities and sufficient funds from the payment of .this
and simila~ public facilities fees ar~ availabl~.
5. City agrees to provide upon request'reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence' of adequate public facilities and services
sufficient to accommodate the needs of the Development,he~ein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any n~tice from one party to the other shall be in writirtg,
and' sha'll 'be dated" ,an'd s~gn~~ by the party giving such notice or by a
duly authoriz~d representative of such party. Any such noti~e shall
not be effectiv'e 'for any pur,pose whatsoever unless serve,d in one of
the ,fo!lo~ing'manners:
7.1 , I~ noti~e is given to the City Qf personal deltve~y
thereof to the City or by depositing same in the United States Mail,
'addressed to the City at the address set forth he~ein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage Rrepaid and certified.
7.2 If notice is given to Developer: by personal delivery
thereof to Developer or by depositing the same in the United States . .
Mail, enclosed ·in a sealed envelope, addressed to Deveioper \:....-the
address as may have b.en designated, postage pr~paid and certified.
-5-
REV 4-2-82
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benefit
•
This ·agreement shall be binding upon and shall inure to the·
----~, and shall apply to, the respective successors and assigns
of Developer, ·Owner and the City,-a~d references to Develop~r, Owner
or Cit y her e in' s hall . be· dee me cJ t 0 b ere fer e n·c· e t 0 and inc 1 u d e t he i r
respective successors and assigns without spe~ific mention of ~uch
successors and,assigns .. If Dev~loper should cease to have any
intetest in the Property, all obligations of Developer hireu~der
shall terminate; provided, howe.ver, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereuQder.
At such time as Owner ceases to have any intere~t in th~
Property, all obligations of Owner heretinder shall· terminate;
provided, ho~ever, that if anysucces~or to the Ownet's interest in
-. . the Property is ~ $trange~ to,this· ag~eement, such successor has first . .
assumed-the obri~ations of owner in w~iting in a form acceptable t~
City .. . 9. This agreemertt shall be rec~rded 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
"! 7-1
/II
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IN WITNESS WHEREOF, tbis agreement is executed in San Diegn
County, California as of the date first written above.
OWN E R : STRASMANN PROPERTIES
Fred W. Strasmann~ Genl. Partner·
-r"-L Hu,..d~~
DEV EL OPER: f 170M a~' .
~.;.~
Si~ture BY
(Name) ------------------------------------
TITLE
(Signature ) ------------~------------------
DV
}
}ss.
--~~~~~~---------}
ilnicipal
.:;
til personally known to me (or Qroved to me on th~ basis of C/)
satisfactory evidence) to be the~s) whose nani!i(s)
~/are subscribed to the within instrument and
acknowledged to me that~/she/they executed the s;:ime.
WITNESS my hand and official seal.
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN DImO } SS.
OFFICIAL SEA~
PAMElLA J CASH.
NOTARY PUBLIC -CAUFORNIA
SAN DIEGO COUNTY
My camm. expires NOV 7. 1986
(This area for official notaria:l seal)
~nn.e INSURANce AND TRUST
On June 7th, 1984 before me, the undersigned, a Notary P~blic in and for
said State, personally appeared Fred W. Strasmann
personally known to me or prov;,e:jdrt~o~m;;;:e~o~n~thr.e~bas;;f,is~o~f~;::::==============:;::===-
satisfactory evidence to be the person who executed
the within instrument as the agent of the partnership
that executed the within instrument and acknowledged
to me that _ he _ executed the same for and on
behalf of said partnership and that said partnership
executed the same.
WITNESS my hand and official seal.
Signature
REV 4-Z-ts:z
(This area for official notarial seal)
Dust be
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EXHIBIT "A"
LEnAL DESCRIPTION
The Southwester~y 60.00 feet of Lot 1, Block "S" of Palisades
No. 2 in the City o:e Carls:qad~ County of San Diego, Stat!3 o.f
Ca1iforn~a, according ·to Map No. 1803, filed. in the office of
the County. Recorder of San Diego County, August 25, 1924.
..
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD,-)
1200 Elm Avenue "", )
Carlsbad, Califorti. 92008 )
Space above this line for Recorder's use
.Docum'enta.ry trans fe, tax~, $ No ~ ~/~'
Signature of declarant determining,
tax-firm name
City of Carlsbad
Parc.el No.:LO (p -O;L 0 -/,6
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT I.,S entered into this --Lday of ..;L.:;;..Ju=n;:;:e:-.-____ , 19JLL
by and between
Thomas L. r.1urdoc,k, John T. Bianchi & Culeb T.
{Name'of,Developer) Hawkins
a . Individual ~ ::hereinafter ,referred to as
,<Co,rpo.ration, partnership, ·etc. , " , . .
"Devel'oper" whose add'ress, is
2217 Silver Peak Place
Encinitas CA 92024
{Streed
(city, State, zip Code)
and Fred W. Strasmann General Partner Strarmann Properti~~ . (Name of Legal.'Owner
a Partnership , hereinafter referred to as --~(~C~o-r-p--o-r~a-t~i~o-n·'J---e-t-c-.~)~----------------
"Owner" whose address'is
5:50 Havana Avenue
(Street)
Lon'g Beach, CA 90814
(city~ Stat~, zip Code)
AND
"
the CITY OF ,cARLSBAD, a municipal corp.pration of the St'ate of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Car 1 s bad J Cal i for n i a J 9 200 8 •
~EV 4-2-82
• • RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit '!A", attached to and made a part of this agreement, and
hereinafter r~ferred to as "Property";' and
WHEREAS, the ~ropertY'lies within the boundaries of City; and
WHEREAS, Develdper has contracted with Owner to purchase the
Property and proposes B: development project as follows: ________ .......
10 unit apartment complex
on said Property, which development carries the proposed name of
and is hereinafter referred to as "DevE;lopment";. and
WHEREAS, Developer filed ~n the 12 day of ·June --------------------------
19~, with the City a reques't for Plannjng Commiss';on ~eterminat;on
herein'after referred to as "Req'uest"; and
W!i E RE AS', t ~ e Pub I i c F a c i lit i e s E ,1 em en t 0 f the' Cit y -G e n era 1 ;2 I a n
requires that the City Council fi~d that, all ~ublic facilities
necessary to serve a development will be availabli concurrent with
need or such development shall not be approved (said element is on
file with the Cicy Clerk and incorporated by this reference); arid
WHEREAS, Dev~loper, Owner and City recognize'the correctness of
Council Policy No. 17 dated April 2, 1982, on file wit~ t~e City . .
Clerk and incorporated by· this reference,. and that the City's public
facilities .nd·services are at cap~~ity and will n6t be available to
accommodate the'additional ne~d for pubiic facili~i.s and services ..
resulting from the -proposed Devel·o,pment;· and
-2-
REV 4-2-82
• WHEREAS, Developer and Owner have asked the City to find that
public faciliti~8 an4 services will be available to meet ~he future
needs of th'e Development as it is presently proposed; but th3",
Developer and Ow~er are aw~re that the City cannot and will not be.
'able to make any such tindings without firtancial assist~nce to pay
for such services and facilities; and, therefore, Develop~r and , . . ' Owner propose to help satisfy the General Plan as i~pleme6ted by
Council P'olicy No. 17 by payment of a public facilities fee.
NOW, THEREFOR., ,in consideratfon of the recitals and the
covenants contained herein, the parties agree a& follows:
1. The Developer and Owner shall pay to the City a public
facilitie·& fee in an amo.unt not to exceed 2% of the building perm~t
val u at ion 0 f t h.e b u i 1 din·g 0 r s t rue t u res t 0 be con & t r u c ted i nth e '
Development, pursuant to the Request. The fee shall ba p~id p~ioi to
the issuance of building or other construction permits for the
'developme'nt and shall be based on the valuat:ion· at th~t 'tinie. This'
fee shall be in addition to any fees, dedications or improvements
required pursuant t6 Titles 18, 20 or 21' of the Carlsbad Mufticipal
Code. Developer and Owner shall ,pay a fee for conversion of exis~ing
buildin~ or structures into condominiums in an amount not to exceed 2%
of th~ building permit valuation at the time ~f cortversion. The fee
for a condominium_conversion shall be paid prior to the issuance of a
condomin~um 'co.nveraion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condomin{um shall include community
TQe'terms "other co~struction
pe'rmits", "other con'struct'ion permi~" and ",e'nti-tl'ement'. for use" as
use,d in this agreement, except in reference to .mobileho.me sites or
-3-
REV 4-2-82
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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 i~tended. Developer and Owner shall pay to City a
public facilitie~.-fee in the sum of $1,150' for each mobilehome s.pace
to be constructed pursua~t to the Request. The fee sha)l 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.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in, ~ieu of all or Rart of the financial
obligation agreed upon in Paragraph 1 abov~.' If Developer and Owner
offets to donate ~ si~e or sites for public facili~ies, the City'shall
consider, but is not ~bligated, tq accept the offer~ The time for
donation and amodnt of credit against th~ fee shali,b~ determined by
City prior to the isstiance of any buildi¢g or other permits'. Such
determination, ~hen made, shall b~come 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 con~istency of the Development with the City's General
Plan. If the ~ee ia not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not b'e 'consi\;-ent ~ith ~'he G'eneral Plan and any
approva.1 or permit fo'r the Development shall be void.' No building or
other construction permit 9r entitlement for use shall be issued
until the ,public facilities fee require~ by this agreement is paid.
REV,4-2-82
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4. City agrees to deposit the fees paid pursuant to this
agreement in ~ ipblic 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 similai public facilities fees ar~ availabl~.
5. City agrees to provide upon request· reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development he~ein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice fr~m one party to the other shall be in writing,
and' sha'll 'be dated an'd signed by the party giving Stich notice or by a ,.. • to'
duly authorizpd representative of such party. Any such noti~e ~hall
not be effectiv'e 'for any pur.pose what.soever unless served in one of
the .following·manners: ~ . .
7.1. if no·tif:e is given to the City C?f personal deliver.y
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth he~ein, enclosed in a
sealed envelope, addr~s8ed to the City for attention of th~ City
Manager, postage ~repaid and certified.
7.2 If notice is given to Developer: by personal delivery
thereof to Developer or by depositing the same in th~ United Stat~s
Mail, enclosed ·in a sealed envelope, addressed to Deveio'per~;-the
address as may have bien designated, p6stage prepaid and certified.
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REV 4-2-82
•
8. This agreement shall be binding upon and shall inure to the
.~
benefit ~, and shall apply to, the respective successors and ~ssigns
of Developer, ·Owner and the City,' a~d references to Develop~r, Owner
or Cit y her e in' s hall . be' dee me cJ t 0 b ere fer e n c' e t 0 and inc 1 u d e t he i r
respective successors and assigns without specific mention Df ~uch
succe~sors and,assigns .. If Dev~loper should cease to have any
interest in the Property, all obligations of Developer he~eu~der
shall terminate; provided, howe.ver, that any successor of Developer's
interest in the property shall have first a~sumed in writing the
Developer's obligations hereugder.
At such time as Owner ceases to h~ve any interest in th~
Property, all obligations of Owner hereunder shall' terminate;
provided, however, that if any success.or to the Owner's interest in
-. . the Property ~s ~ strange~ to(this' ag~eement, such successor has first . .
assumed the obri~afions of owner in w~iting in a form acceptable t~
City .. . 9. This agreem.tit shall be rec~rded 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.
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III I: III %
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWN E R : STRASMANN 'PROPERTIES
Fred W. Strasmann, Genl. Partner·
SigIf8.ture
(Name)
(Signature )
}
}ss.
__ ~tli~~~~--------}
personally known to me (or proved to me 00 the basis pf.
satisfactory eyjdepc€l) to be the IUlrsollls) whose nam~(s)
.ii/are subscribed to the within instrument and
acknowledged to me that~/she/they executed the same.
WITNESS my hand and official seal.
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO } ss.
, 1. L Hurd IIC.I'-TnOMtfl>' . DEVELOPER:
~.;,~
By __________________________ __
TITLE ________________________ __
RV
OFFICIAL SEA~
PAM etA J CASH
NOTARY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY
My comm. expires NOV 7, 1986
(This area for official notarial seal)
'Inn.e INSURANce AND TRUST
ATICOR COM""NY
~nicipal
nust be
On . June 7th, 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared =Frr;;e~a.:;~-=-iJ;:· .:::-;S:tt:r~a:s;;m;a~nnT';:::=========::::;:========personally known to me or proved to me on the basis of
satisfactory evidence to be the person no executed
the within instrument as the agent of 6.c:: partnership
that executed the within instrument anC :acknowledged
to me that he executed the ~f: for and on
behalf of said part~hip and that ssi,"::: partnership
executed the same,
WITNESS my hand and official seal.
Signature
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(This area for official notarial seal)
. ' •
EXHIBIT "A"
LE~AL DESCRIPTION
The Southwesterly 60.00 feet of Lot 1, Block "s" <?f Palisades
No. 2 in the City of Carlspad, County of San Diego, Stat~ of
California, according to Map No. 1803, filed, in ehe office of . . .. .
the County. Recorder of San Diego County, August 25, 1924.
. .
" .
,
i
..
,
.' .
,~ ---,..../
CITY rCARLSBAD
1200 ELM AVENUE • 'CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED FROM-4-EJr}--,-,-_d_e~A_(1_o ____ DATE --'&:::;.....!./;...:.~.,;::~~A_'&-', Y,-__
ADDRESS
A/C. NO. DESCRIPTION AMOUNT
qgO/ Plal7ni.;)'l ~/nm &-r 330 oQ'
gg:(& eJfJ ()
/7~ C·D
4y118~9~
/~C't . '/~~ /!"? . ... :J
.,.' """, "' .... ~. , .... .,.. "",-~ ~ ("'d[S!;!; ~\ i._ ~ ;ScP.:~1 ,-~ !!2 C1;::tr;J ~, 1\.; c:..:;;:_ >::>("l."';t ... ~
1r ,~ ~",-"" Pi/ --
\~ ~ ($[.j
€::::>..y ,li/,. , -, ,\...., ~'{:;ck. -, . ..,,-' , .-'.-'
.. ~ ~'fY .-.
01.,
. €':Z:A . ,r;O'V ,
~
40024 TOTAL :;-0:;-VtJ
, ,,-. ,,-'. -.
CASE ro.: f> c: D -,S DAm RECEIVED: b II :2-1 J' i
APPLICANT: ~ ~
~T:~/oofil~~3~ ~
~Cfo~ .
~_ENVIROOMENTAL
EXEMPT OR EXCEP'IED: ______________ _
Posted: Prior Coolpliance: _______ _ Published: -------------
Filed: _______ _ Filed:
NEGl\--TIVE D:&.:::J:.ARATIOO: ______________ _
Posted: Published: N:>tice of Detennination: -------------
ENVI~ IMPACT REPORT: ____ --,-..,....... __ \:-.· _
N:>tice of Notice of
Preparation:________ eanPletion: ____ _
PIANNING cn.MrSSIOO
L Date of Hearing: 1-q -85 ;
2. Publication: }~-c:Jq-R&
3. Notice to Property OWners: /,;F;)R--8lI
Notice of
Detennination:
----
----
4. Resolution No. ____ ----JoN~·0;r..' ~O;)-~_' ___ _ Date: /-9-85 ACTIOO: /l.pproveo\.. ,
,(COntinued to: ____ '_'_'_'_'_' _____ _
5. ~:' ---------------
CITY ClXlNCIL
1. Dat~ of Hearing:_'_' _' ______ '_' '_'_' __
2. Noti.ces to City Clerk:_'_' '_'_' _' '_' _'_' _'_'_' ' __
3. ~eIX1a Bill:_' ___ '_' _' _'_' __ ' _' '_'_' _' _' ' ..... ' _' __
4. Resolution N:>._' _' _' ' _____ '_' _' _' '_. _' _' '_' _' _ Da,te: " , ""',. ACTICN: ' -----
5. Ordinance N:>~_'_'_'_' '_'_' _' '_'_' _' '_'_' _' '_'_' _' '_'_' '_'_' _ Date: ' " " ,','
cx)RRESPCl'IDE.~
Staff Report to Applicant: ' , , , , , , , , , , , , , , , , , ,
Resolution to Applicant:_' _' '_'_' _'_' _' '_' _' _' ' ___ _
~.