HomeMy WebLinkAboutPCD 66; SEASCAPE; Planning Commission Determination (PCD)-LA~D US~PLAN~~~U3 ~~P~IC~T~~~]
. DISCRETIONARY ACI'IONS ,:, ; ,
REQUEST
• Zone Change
tJ General' Plcm Amendment
"Tentative ~XMi@C PARCEL MAP o Major Planned Unit Development o Master Plan
[JMajorRedevelopment Permit
DMinor Redevelopment Permit o Precise Development Plan
(check other boxes if appropriate)
OSpecific Phm
DSite DevelopiJ~n.t Plan
[JOonditional Use Permit
OVarianee ,
"Planning Commission Determination
DSpecial Use Permit
DStruc:ture Relocation
OMajor Condominium Permit
...... " ,,,'
, 'INGS CONS I ST I NG OF 134 ONE BEDROOM AND 134 TWO BEDROOM UN ITS. PARKING
---.:
'I'NCLUDE TWO SW I MM I NG POOLS, TWO TENN I S ~OURTS" IWO REC. ROOMS,-PL'AY·"·' "',
'->..' .. :s:~:' '.,~ .
~1'1~:";~~"; ,>
,,-, " .... .....' ~ ... ':. .' , " ,..: .
Legal Descript~on,(cornplete)
UO~S 100 AND 101 OF CARLSBAD TRACT NO. 73~23, CITY OF CARLSBAD, COUNTY"
. ~;:"..
OF"SAN DIEGO, CALJFORNIA, ACCORDING TO MAP NO. 808; F"ILED FEBRUARY 28, '
. 1975
Zone ' Gener
sess'r's Parcel Nunt:er
214-17-36" & 37
Ex~stlng ~,r~ Use
. ".' ~ -. , .. -
.. '
. .':,'\"?t,::'
---------------~--~~ RM
Proposed Zone Proposed General Plan
~!~'~~~ , ",:,:,::~:, ..... ',I,,, '
RM
a~~lng Addr~ss . -,' .. ~ . ~ ,,:.', ,~,l:' _:~",' ~~:
j '.;;.~ :.\~ , ....... ~,'.' :.~-": •••• '~-... '
T7941 MITCHELL STREET"
CitY·,and State.
'-\ .... , . ,". ' ~ . .-. ~ ' .... ; ...
, ,,~'(i~\:
;: . -.~.~.
-~ ... £~ ''; .
.; .::.-:. '~">
. -!
, 'A
"
I'
" ,
. :'
(
,.If after the
, ' ,!,t.ha t fw:the;
APPLICANT:
AGENT:
~ntormat~on you nave SUQm~~~~ n4$ Deen rev~ewea, ~t 1S 4eterm~nea
information l.J:'e~,.1.J:'edf" y~u will be so ~d.V~ ... '
I _ ",
! :
Lincoln Seascape Z-\ Caljforpia T,jmitec1 Partnershjp
Name (individual, ~~r;~4I!rship", joint ve:qtpre~ corpOration, sy~;i,,~a1;i9n)
Business Adcl;"ess ::,
• • ~'I" : .... ; t
701 "BII 'Street suit~ 7:9'5", SM Wew, GA ~2-101
(619) 234-2972
'l'elephone N~ , . ".~.
Greg R. Neville
Name,
701 "BII Street Suite 705 ' San Diego, CA ,92101
'l'elepho~e Number'
, ,
, "
..
"
,\' "
,. ¥'" " ,
. ' .. '
". " I.,
Gr~ R NeJti 1 J e
llame '(inqivid~l.~ pal:tner, joint"
venture, cozporat;on~ syndication)
Lincoln Property Company
181Q J:iUmrock Lane Encinitas: ~ ,92024"
• t • "I Home AdaNS. ' . - -'
~, . , . l ;.
,701 "BII Street Suite /705 ,San Die~o, CA '921'01
Busine •• .AdcUes.:·
,
(619) 234-2972 (619r 436:.:.0292
;pc
J '
3~sin.ss Address
• G _ ,.-:
(
'~elep~ne ~ium):)er
, '(See f\ftached ,List for Addresses f~r GEmerp,l and L:i:mit,ed Partners, . .),.'
Mp.ck' Pogue' ' " PreSton Butcher' " 'Edward .j): O':B~ien"
. '
The Jeffrey ,Blake 'Pogue Lincoln Trust Preston Butcner ! --....... --;:;.;;.;;;;;;.;;;;;.;.;....;;;.;;;.;;~;;;;..-,Ste£~en P.,.Jarchow,
Mack Pogue -Stuart t. Lee~er'
;:
William W. Hirsch'
··· .. i
(Attach more sh,.ts if ,necess4rY) .'
I/We 4eclare under pehalty'of perjury that the infor.mat1on conta~ned in this dis-
closure is true apC! correct and that it will remain true and, cOrrec~ and maybe-,
~elied upon as being t~e ana correct until amenaea... ~, .' '..'.'
.'
J
Lincoln Seascape, A Californ{~ Limited Partnershi~
, ' "Applicant
'XBY.~~" '
" /1 ~nt" O:':ru~r~ Pa:t:'\=n~r, '. ,. " . '
\so.r-? ~ ~-I /i/ L~·cl. ~-':~ "t" at lm
The Subdivision 'Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission proces~ing
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, Plann~d 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 eKtend 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 applicacions.
17 Da e
Lincoln Seascape. Ar.ent & General P9rtPPL
FORM: PLANNING 37, REVI,3ED 3/80
.-• •
A'rI'ACHED PARTNER ADDRESS LIST
Mack Pogue c/o Joe Barratt
Lincoln Property Company
1800 Two 'furtle Creek Village, Dallas, Tx 75219
The Jeffrey Blake Pogue Lincoln Trust -Managing General c/o Joe Barratt
Lincoln Property Company
1800 Two Turtle Creek Village, Dallas TX 75219
Mack Pogue c/o Joe Barratt
Lincoln Property Company
1800 Two Turtle Creek Village, Dallas, TX 75219
Preston Butcher
Lincoln Property Company
101 Lincoln Centre Drive 5th Floor, Foster City, CA 94404
Preston Butcher
Lincoln Property Company
101 Lincoln Centre Drive 5th Floor, Foster City, CA 94404
William W. Hirsch
Lincoln Property Company
16152 Beach Blvd. #160 E., Huntington Beach, CA 92647
Edward D. O'Brien
Lincoln Property Company
101 LincoJn Centre Drive 5th Floor, Foster City, CA 94404
Stephen P.-Jarchow
Lincoln Property Company
101 Lincoln Centre Drive 5th Floor, Foster City, CA 94404'
Stuart L. Leeder
Lincoln Property Company
101 Lincoln Centre Drive 5th Floor, Foster City, CA 94404
(,
r
1 . . . I •
I.
."'" -\ • •
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
LINCOLN PROPERTIES
701 "B" Street, Suite 1300
San Diego, California
Attn: VICKY
Your No.
Our Order No. 876482-15
In response to the above referenced application for a policy of title insurance,
this Company hereby reports that it is prepared to i~sue, or cause to be issued,
as of the date. hereof, a Policy or Policies of Title. Insurance describing the
land ahd the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not 'exc1uded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of s~id policy
forms. The printed Exceptions and Exclusions from the coverage of said Policy
or Policies are set' forth in Exhibit A attached. Copies. of the Policy forms
should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) 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
::q~:=t!:~uance of a policy of title insura~a Binder~ ~mitment should be
Dated as of April 13, 1984-at 7:30 a.m. /(j~~ ~
RPER/lb TITLE OFFICER
The form of p6li~y title insurance contemplated by\. this report is:
Title to said estate or interest at the date hereof is vested in:
CARLSBAD INVESTORS LIMITED, a California limited partnership
The estate or· interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
SEE ATTACHED LEGAL
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said poi!cy form would be as follows:
SEE FOLLOWING PAGES ATTACHED
• I
• ... r' ", .... : , " .... -. --; -~ ,.. ....... ~"' .. -.-
.!
, , ORDER NO. 876482-15
PAGE NO.2
.
• •
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.
3.
General and Special taxes for the fiscal yea~ 1984-85, a lien, not yet
payable.
Second Installment, General and Special taxes for the fiscal year 1983-84,
delinquent. .
The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of
1983 of the Sta·te of California.
An easement for a pipeline. or pipel~nes and incidental purposes in favor of
Carlsbad Municipal Water District, recorded February 7, 1975 as File No. 75-
030141 of Official Records, located within the Easterly 10 feet.
Reference is made to said instrument for further particulars.
5. An easement for sanitary sewer system and appurtenances. as 'dedicated to the
City of Carlsbad on Map No. 8081.
Affects: As shown on~the improvement plans for this tract.
The route or location of said easeJllent ca.nnot be determined from the J."ecord.
6. An easement 'for storm drain system and appurtenances as dedicated to the
City of Carlsbad on Map No. 8081.
8.
Affects: As shown on the improvement plans for this tract.
The route or location of said easement cannot be determined from the record.
An easement for drainage as dedicated to the San Diego County Flood Control
District on said Map No. 8081.
Affects Lot 101 as shown on said Map.
Provisions, herein recited of the dedication statement on the Map of the
subdivision shown below:
Map No.: 8081.
Provisions: This 'subdivision 1s a condominium project as defined in
Section 1350 of the Civil Code of the State of California,
c~mtaining a maximum of 190 dwelling units and is filed
pursuant to the provisions of the subdivision Map Act. The
number of units per acre is 3.67.
An easement for a pipe line or pipe lines, together with cables for power
transmission and communication purposes and incidental purposes in favor of
Carlsbad Municipal Water District, recorded March 11, 1975 as File No. 75-
05401l of Official Records.
"
'10.
ORDER NO. 876482-15
PAGE NO. 3 •
Reference is ~de to said insttument for further. particulars.
An Agreement regarding dedication of land or payment of fees in lieu
thereof, dated August 11, 1981, upon the terms, covenants, and conditions
contaified therein.
EXECUTED BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DtSTRl;CT AND PACESETTER
HCMES, INC., a corporation and CARLSBAD INVESTORS., LTD., a limited
partnership and OCCIDENTAL LAND, INC.
RECORDED: October 22, 1981 as File No. 81-334874 and October 23, 1981 as
File No. 81-336099, both of Official Records.
Reference is made to said instrument for further particulars.
11. An Agreement regarding agricultural subsidy agreement (commission) for the
payment of an agricultrual conversion fee, dated January 15, 1982, upon the
terms, covenants, and condi tions co·ntained therein.
EXECUTED BY AND BETWEEN: OCCIDENTAL LAND, INC., a California corporation,
PACESETTER HCMES, INC. ,. a CaHfornia corporation, R.C. JEWETT C(}1PANY, a
general partnership, CECIL A. SMITH, an individual, and CARLSBAD INVESTORS,
LTD., a limited partnershp and THE CALIFORNIA COASTAL C~ISSION, an agency
of the State of California.
RECORDED: February 3, 1982 as File No. 82-031207 of Official Records.
Reference is made to said instrumen.t. for further particulars.
12. An Agreement regarding agricultural subsidy agreement (conservancy) and the
method of payment of an agricultural ~onversion fee dated January 15, 1982
upon the terms, covenants., and conditions contained therein!
EXECUTED BY AND BETWEEN: OCCIDENTAL LAND, INC." a California corporation,
PACESETTER HCMES, INC., a California corporation, R.C. JEWETT CCMPANY, a
general partnership" CECIL A. SMITH, an individual, and CARSLBAD iNVESTORS,
LTD., a limited partnershp and the STATE COASTAL CONSERVANCY, an agency of
the State of California.
RECORDED: February 3, 1982 as File No. 82-031208 of Official Records.
Reference is made to said instrument for further particulars.
13. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument recorded
July 22, 1982 as File No. 82-225475 of Official Records.
14. A Deed of Trust to secure an indebtedness in the original principal sum of
$1,560,708.00, and any other amounts and/or obligations secured thereby,
recorded July 22, 1982 as File No. 82-225476 of Official Records.
DATED: (NO DATE SHOWN)
TRUSTOR: CARS LB AD 'INVESTORS LIMITED, a California limited partnership
TRUSTEE: TITLE INSURANCE AND TRUST CCMPANY, a California corporation
BENEFICIARY: OCCIDENTAL LAND, INC., a California corporation
ORDER NO. 876482-15
PAGE No.4
Affects the prpperty herein described with other property.
The beneficial interest under said Deed of Trust was assigned to GREYCAS,
INC." an Arizona corporation by assignment recorded October 31, 1983 as
File No. 83-392022 of Official Records.
Said Deed of Trust is subordinate to the Easement for Public Street and
Public Utility recorded November 17, 1983 as File No. 83-418946 of Official
Records, by the terms of a Subordination Agreement recorded November 17,
1983 as File No. 83-418946 of Official Records.
15. An Agreement regarding grading the slope along the common boundary, dated
August 1, 1983, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BE'IWEEN: CARSLBAD INVESTORS Ln1ITED, a California 'limited
partnership and STANDARD PACIFIC OF SAN DIEGO, a California corporation.
RECORDED: October 17, 1983 as File No. 83-372092 of Official Records.
Reference is made to said instrument for further particulars.
16. An easement for publi~ street and. public utility and incidental purposes in
favor of City of Carlsbad, recorded November 17, 1983 as File No. 83-418946
of Official Records, described as follows:
Being a portion of Lot 101 of Carlsbad Tract No. 73-23, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof
No. 8081, filed in the Office of the County Recorder of San Diego County,
February 28, 1975 said parcel more pa!ticularly described as follows:
Beginning at the centerline intersection of Poinsettia Lane, being 60.00
feet in width and the Easterly line of the Northwest Quarter of Section 28,
Township 12 South, Range 4 West as shown on. said Carlsbad Tract No. 73-23;
thence along said Easterly line of the Northwest QUarter North 00°28'18"
East, 611.64 feet to the Southeasterly corner of said Lot 101; thence along
the Southerly line of said Lot 101 South 76°54'25" West, 75.26 feet to the
TRUE POINT OF BEGINNING; thence continuing along said Southerly line and "the
prolongation of said Southerly line South 76°54'25" West, 311.80" feet to a
point on the Westerly line of said Lot 101; thence along said Westerly line
North 06°05'24" West, 60.45 feet; thence North 76°54'25" East, 114.69 feet
to the beginning of a "tangent curve, concave Southerly and having a radius
of 330.00 feet; thence Easterly along said curve through a central angle of
35°05 '49" an arc distance of 202.14 feet, a radial through said point to
said curve bear"s North 22°00'14" East said point also being the TRUE POINT
OF BEGINNING.
Reference is made to said instrument for further particulars.
17. Covenants, conditions and restr"ictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument recorded
Novmeber 17, 1983 as File No. 83-418948 of Official Records •
. ,
ORDER NO. 876482-15
PAGE NO. 5 • •
Sai4 instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
'18. An unrecorded agreement to grant easement and escrow instructions dated
April, 1983 executed by and· between CARLSBAD INVESTORS LIMITED, a California
Limited Partnership and PACESETTR HCMES, INC., a California Corporation, as K
disclosed by Declaration of Coven~nts, Conditions and Restrictions and ~
Agreement to Perform recorded November 11, 1983 as File No. 83-418948 of \1/ ~ Official Records. ~~
~Reference is made to said instrument for further particulars. \ ~
19. An Agreement regarding costs relative to the construction of flood contro~ O~
and drainage improvements, dated February 14, 1984, upon the terms,
covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: STANDARD PACIFIC, a California corporation,
CARLSBAD INVESTORS LIMITED, a California limited partnership and PACESETTER
HCMES, INC., a California corporation.
RECORDED: February 16, 1984 as File No. 84-059295 of Official Records.
Reference is made to &aid inst.rument for further particulars.
20. Such matters as may be disclose.d by a physical inspection of said land
and/or an inquiry as to the persons in possession thereof, a supplemental
report of .which will follow.
21. '!he requirement that this Company be furnished a copy of the Agreement of'
Limited Partnership of Carlsbad Investors Limited, together with all
amendments thereto.
22. '!he requirement that this Company be furp.ished a copy of the Dwight W •
. Spiers Trust dated September 14, 1983, together with all amendments and
supplements thereto.
1983-84 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALlMENT:
2ND INSTALlMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS LOT 100.
09027
214-171-36
$621. 32 PAID
$621.32 NOT PAID (DELINQUENT)+ penalty $72.13
$110,000.00
$-0-
$-0-
!
'I
I
ORDER NO. 876482-15 ...
PAGE NO.6"
1983-84 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALIMENT:
2ND INSTALIMENT:
LAND VALUE:
lMPROVEMENTS:
EXEMPT:
AFFECTS LOT 101.
Disk No. C-ll77
. ,
'09027
214-171-37
$931.98 PAID
$931.98 NOT PAID (DELINQUENT)+ penalty $103.19
$165,000.00
$-0-
$-0-
LEGAL DESCRIPTION
ORDER NO. 876482-15 •
The land referred to herein is s1!tuated iIi the State of California, County of
San Diego, and is described as follows:
Lots 100 and 101 of CARLSBAD TRACT NO. 73-23, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 8081, filed in the
Office of County Recorder of San Diego County, February 28,. 1975.
Excepting all crude, oil, petroleum, gas, brea, asphaltum and all kindred
substances and other minerals in and un~er said land, but without the right to
enter upon the surface of said land above a depth of 500.00 feet to explore for
or extract same, as reserved in a Deed recorded August 27, 1969 as File No.
157186 and that Deed recorded August 27, 1969 as File No. 157190, both of
Official Records.
Also excepting all oil, oil rights, mineral rights, natural gas rights and other
hydrocarbons by whatsoever name known, together with all geothermal 'steam and
steam power that may be within or under the parcel of land hereinafter
described, together with ~he perpetual right of drilling, mining, exploring and
operating therefor and storing in and removing the same from said land, or any
other land, including the right to whipstock or directionally drill and mine
from lands other than those hereinafter described, oil or gas wells, ,tunnels and
shafts into, through or across the subsurface of the land hereinafter described
and to bottom such whipstotked or directionally drilled wells, tunnels and
shafts under and beneath or beyond the exterior limits thereof, and to redrill,
retunnel, equip, maintain, repair, deepen and operate such wells or mines,
without however the right to drill, mine, store, explore and operate through or
on. the surface or the upper 5'00 feet of the subsurface of the land herein
described.
lb/aca
~ ~-----.-~.-... ~ ..
.,
':~II" "u. • U'CieVl \ •• /0"/ '
&hiblt A'to Preliminary Report • • r
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARQ. COVERAGE,POLICY -1873
SCHEDULES
this policy doea not insure .g.lnallo .. or,dam.ge, nor ag.lnsl cosl .. attomeys' f_ or .xpen ..... ny or .U of'whlch .rIM by r.ason of the following:
Part I
1. Taxe. or '1lesamentl which .re not .hown ... xliling Uenl by the recorda of Iny laxing luthorlty thllfevlealaxea or Ii ..... ment. on rill property or by Ihe pul?lic
~~a. ,
Proceedings by I public Igency which mlY r.lult In tax •• or ...... m.nta, or notice. of .uch proc.edlng .. wh.ther or not ihown by Ihe record,'of .uch .gency or by the
public r.corda. '
2. Any fact •• rights, Intere.tl or clilm. which Ire not .hown by thl public raconJ. but which could be aace~ln.d by In in.pectlon of the land or by m.klng Inquiry of persons In
po ..... lon thereof.
3. easem.nt., liens or .ncumbr.nc .... or claim. th.r.of, which af. not .hewn by lhe-publlc recorda.
... ,Dlacrepencl •• , conflict. In bOun~ry 'lin ... Ihortage In are ... ncroachmant .. or any other f.ct. which a correct aurVey would dlsclcae, and which .re not .hown by Ihe
public recorda.
II. (.) Unpatented mining claim.; (b) re.ervatlon. or .xceptlon.ln patent. or ill Actl luthorlzlng the laau.nce thereof; (c) w.ter rights, cI.lms or title to w.ter.
S. Any right. tille. Interest. eslale or eaaemenlln l.nd beyond the line. of thE .rea lpeclfically delcrlbed or r.f.rred 10 In Schedule A, or In .butting atreell, rosda •• venue ... lIeys.
lane., w.ys or w.terw.ys. but nolhlng in thll par.gr.ph ah.1I modify or limit 1tIe, e~ent to which the ordinary rlghl of '1'1 .butting owner for .ceeulo • physically open Itreet or
highwlY 1& I,nlured by this policy. , .
7. Any I.w, ordin.nce or governmeni.1 regul.tlon (Including but not limited to building .nd zoning ordlnancel) re.lrictlng or regul.llng or prohibiting Ihe occupancy, ule or en/oy-
menl of the land. or regulaling the character, dl!llenalon .. or lo;;atlon of .ny Improvemenl now or her.afterereeled on Ihel.l'ld, or prohibiting a separation In ownerahlp or. reduc-
, tlon In the dimenSions, or Irea of the lind, or the effecl of Iny vlolltlon of ~y auch IIW, ordlnlnce or govemmentll ragl!lltiOri,
,8.·, ,-RighI. of'emlnenl dam. In or governmental rlghtlof police power untesa nolica of the exerelle of auch ifghls .ppeara I,.. Ihe public records,
8., Defecta, liens. encumbrances. Idverae claims, or other matterl (I) created, lIIffered, .uumed or agreed fo by Ihe In lured clllmlnl; (b) not .hown by the public records Ind not
otherwise excluded from cover.ge but known 10 Ihe Insured clalmlnlallher al D.le of Policy or .llhe dale luch cl.lmanl.cqillred an eslile or Inleresl insured by thll policy or
acquired the Insured mortgage and nol dlscloled In writing by the Inlure claimanlto Ihe Campa,ny prf.or to the d.le luch Inaured clalm.nt bec.me .n insured hereunder,
(c) r.lulling In no lollS ordamagetothe Inlured cl.lm'nl; (eI) .tt.chlng or createdlubaequenlloO.le of Ppllcy; orIel reluiling In 10SI ordamlge which would not h.ve been IUS'
talned If the Inlured clalm.nl h.d been I purch.ser or encumbr.ncer for value without knowledge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM S -1870 (AMENDED 1 D-17-7Q)
SCHEDULE OF EXCLII$IONS FROM COVERAGE
1. . Any law, ordln.nce or governmantll regul.tlon (Including bul nollimlt.d to bulIcIIng Ind zoning ordinlncel) r'llrlctlng or r~uliling or prohibiting the Occupancy, ule or enjoy·
menl ollh.l.ne!. or regul.tlng Ihe character,dlmenllon.or location of .nylmpraoement now or hereafter erected on the lani!. orprohlbiling. separallon In ownerahlp or. reduc-
tion In the dlmenllonl of area of the I.nd, or the effecl of any vlol.llon of anywch law, ordln.nce or gov.rnmenl.1 regul.llon.
2. Rlghla of ,minei'll domlln or governmenlll rlghla of police power unfel. notice of the exerelse of luch rlghll.ppe.ra In the public recOrdl .1 O.~e of Policy.
3. Defect .. flena, encumbrances •• dverae cI.lms, or olher mallere (.) crealed, .uffered, ... umed or .greelf to by the Inlured Claim anI; (b) 1'101 known to Ihe Company .nd nql
Ihown by the public recordl bul known to Ihe Inaured cl',im.nl ellher.1 Olle ofPoUcy I)r .llhe dlte .uch cillmlnllcquired In itllate or Inlerell by this pOllcy.nd 1'101 d,lscloaed In
writing by the, insured cl.lmenllo the Company prior 10 the d.le luch In.ured clllm.nl became '1'1 Inlured hereunder; (c) resulting In no loas or damage to the Inlured
cI.lm'.nl; (eI) .tt.chlng orcrea,tedlubsequenlto O.te of Policy; or '(e) relultlngln !oaaordam.gewhlch would nolh.ve be!!n l!ull.ined If Ihe Inlured cllilm.nlhad paid value for
tha elt.le or Int.raallnlur.d by thll policy. '
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE IN~URANCE POLICY -1879
EXCLUSIONS
In addition to the I;xcepllons In Sch.dul. B.,you Ire nollnlured Igllnlllou, coat .. attomeya' f.ealild .xpen .. 1 re.ultlng from:
1. Govemmenlll police power, and the .xlatence or vlol.tlon of .ny law or "overnmanl regulation. Thla Include. building Ind zoning ordin.nces .nd .lao IaWI .nd
regulatlonl concemlng:
• land ule • land divlalon .
• Improvements on the land • .nvlronm.ntal protection
Thla exclullon doel not limit lhe zoning coverage deacrlbed In It_. 12 .nd 13 of Covered'Tlt1e RIIka.
2. The rlghllo take the land by condemning It, unle ... notice of taIdng appeara In the public recorda on the PoliCy Date.
3. Tltl. Rlaka:
• th.t are cr •• led, allowed, or agreed to by you • ,
• Ihal Ire known to you, but nol to u .. on lhe Policy Dal.· unl ... they appelM In the public recorda.
• Ihal r.ault'ln no 10 .. 10 you .
• th.1 firat .ffect your till. after the Policy Dlle • thle doea not limit the labor and mal.rJallien coverage In It.m 8 of Covered TItle Risks
... Fallurit 10 pay value for your tltfe.
5. Lack of. right:
• to any land cutalde the ar •• lpeclfically delCrlbed end ref.rred to In It.m 3 of !>chedule A, or
• In ItrHI" .lIeys, or wal.rways that touch your lind
Thil .xclullon doel not IImlllhe Icc:esa cover'ge'ln It.m 5 of Covered TItle Rlalla.
SCHEDULE,S -EXCEPTIONS
In .ddltlon to th"Exelualonl, you Ire not lnaured 19a1nat Ioaa, coet .. ItIo!'MYI' ~ and .xpe_ mulling from.:
1. Any righll,tnt.relta or claim. of partlel In PQINIIIon of the land not Ihown by the public recorda.
2. Any .... m.nll or lIena not Ihown by the public recorda.
Thla exception doea not limit the lien coverage In It,m 8 of Covered TItle RfekI.
3. Any flell about the land which. c:orrect aurvey would dlacioH and which ere not aIIown by the public recordI.
Thil excepllon does 1'101 limit the toroad removal coverege In It.m 12 of Covered TItle Alalia.
~. Any wat.r rlghl .. claim. or tille to wlter 'on or under the land.
Continued on Reverse Side
. .I
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10017-70)
SCHEDULE OF EXCLUSIONS FROII COVERAGE
1. Any law, ordlnanc.orgov.rnm.ntal regulation (Including but not IImltadtobulldlngandzoriIIIOordlnanc • ., r •• trfcllng orregulating or prohlbillng the occupancy, us. or
.njoym.nt of the land, or regulallng the charact.r, dim.n.ion, or location of any Improv_nt now or h.reaft.r erected on thl land, or prohibiting, separation in
own.rahip or a r.ductlon In the dim.n.ion, or arIa of thaland, or the alfect of any violalloft of any .uch law, ordinanc. or gov.rnm.ntal regulation.
2. Right' oI.mln.nt domain or govarnm.n'al right. of pollc. pow.r unlall notlc. of thl .xlICl .. of such rights appea,. In the public record. at Oate of Policy.
3. Oefect .. liln ... ncumbrance .. adver .. claim .. or other mattl" (al created, suffared, .. _ad or agr.ad to by thlln,ur.d claim anI; (bl not known to th. Company
and notlllown by th. public record. but known to th.ln.ured claimant .ith.rat Oat. of Po1ic:yor at the date such claimant acquired an eslate or Interest insured by thi.
policy or acquired the insured mortgage and not discloNd in writing byth. inlured claimanllothe Comp.ny prior to the date .uch insured claimant bec.me an insured
her.undar; (cl resulting in no lOll ord.m.g. to the inlu,.d cl.lm.nl; (eI) .Uaching oreMlllad sullaequ.nl to O.t. of Policy (except 10 Ihl .xtent Insurance Is afford-
ed herein .. to any .tatutory Ii.n for labororm.t.rfal orto the .xt.ntln.uranc.l .. fforded~lnaa to .... ssment. for stre.t Improv.m.nt. und.rconstruction oreom-
pl.t.d .t Oat. of POlicyl.
4. Un.nforc •• bility of the lien of theln.ured mortgage becau .. of fallura of th.lnsurad at 0 ... of Policy or of .ny .ub.equlnt owner of th. Ind.bt.dn .. to comply with
applicebl. "doing bu.in ... " law. of the .tat. in which the land I, ,ltu.lld.
, ; 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POUCY FORM B -1970 (AMENDED 10017-70)
"
'.
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS 'FROM COVERAGE
1. An'llaw, ordinance orgovlmmental regul.llon (including but not limit.d to bulidlng and zoning ordkl.nceal restricting or regu!allng or prohibiting the occupancy, USI or enjoyment
of the land, or regulating the ch.racter, dimensions or location 01 .ny improvement now orherealt"erected on the land, or prohibiting a sep.rallon in owne,.hip or a reduction in th.
dimension. of area of th. land, or the effect m any violation of .ny such law, ordinanc. or government.1 regulation.
2. Right. of eminent domain or gov.rnmental rights of police pow.r unl •• , notlc. of the .xerei .. 01 such rfghta .ppea,. in the public record. at Oate of Policy.
3. O.fect .. liena, encumbrance .. adverse claims, orother maUe,. (a) created, sulfered, ... umed oregreed to by the insur.d clalm.nt; (b) not known to the Company .nd not shown
by the public record. but known to th.lnsured claimant .ither.t Oat.of Policyor.t th.datesuchclaimanl acquired an estate or interest by Ihis policy and not disclosed in writing by
the insured claimant to tha Comp.ny prlorto the data such insur.d clalm.nt bec.me.n In.ured'heNunder; (c) r .. uitlng in no lOll or damage to the Insured claim.nt; (d) attach-
ing orcraated subsequ.nt to Oate of Policy; or (.) r .. ultlng In 10 .. or d.m.g.whlch would not'hIve be.n .u.t.ined if the in.ur.d cl.imant had paid v.lu. forth. estate or interest
in.ur.d by thl. policy.
SCHEDULE B
Thl. policy doe. not In.ur •• g.ln.t 10 .. or d.m.g. by r.a.on of the matt.,. .hown In part. one and two following:
P.rt On.:
1.
2.
3.
4.
5.
6.
Tax .. or ...... m.nt. which .re not shown aa Ixl.ting lI.n. by the record. of any taxillg authorfty that levi .. tax .. or ...... ment. on real prop.rty or by the public
recordL
Any f.cts, right .. lnter .. ta, orcl.lm.which .r. not .hown byth. public recorda but which could be lac.rtlin.d by In inspection of seld lind orby making inquiry of pe,.ons in
posHs.lon thereof.
e ... m.nta, cl.lm. of easement or .ncumbr.nc .. which .r. not ahown by thl public recorda.
OI.cr'Plnclea, conflict. in boundary linea, short.g. In .r.a, .ncro.chm.nt .. or any other fact. which. correct surv.y would disclose, .nd which .r. not shown by
public records.
Unpatented mining claims; reaarv.tlon. or .xc.pllon. In p.t.nt. or In Act. authorizing the lsauanc. the,.of; water right .. claim. or IIti. to water.
Any Ii.n, or right to • lien, for services, labor or m.terial heretofore or hereaft.r fumiahllt Impo.ed by law and n81 shown by the public recordL
8. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Th. following matte,. ar. Ixpre .. 1y eXCluded from the cov.r.g. of thl. policy:
1. Any law, ordinance orgovemm.ntal regulation (Including but not IImltld to building .nd zoning ordinances) r .. trlctlng or regul.tlng orprohlbillng thl occupancy, use or enJoym.nt
of thll.nd, or regul.tlng th. char.cter, dimension. or location of .nylmprovementnoworharealter.rected on the land, or prohibiting. separallon In ownership or a reduction in the
dlm.nslon. or .rea of the land, or th •• ffect of any vlol.tlon of .ny .uch I.w, ordln.nc. Qt:.govemlll.ntal regulation.
2. Right. Clf .mln.nt domain or governmental right. of police power unles. notice of the .x.rei •• dl.uch righti .ppe.,. In the public records at O.te of Policy.
3. O.f.ct .. llenl, .ncumbr.nce .. adverse claims, or other matte,. (I) created, suffered,a .. umed oregreed to by the insured claim'.nt; (b) not known to the Complny .nd not shown
by the public records but known to th.lnsured claimant either at Date of Policy or.t the data such claimlnt .cqulred an est.te or interest inlured by thi. policy or acquired the
In.ur.d mortglg. and not dlsclosad in writing byth.lnsured cl.lmanlto the Companyprlortothe dill. such Insured claimant became an Insured her.under; (c) resulting In no loIS
or damlge to th.lnsured clalm.nt; (d) att.ching or crelted subsequentto Oate of Policy (exc:eclt to the ext.nt Insurance Is afforded herein IS to any statutory lien for labor or
mat.rlll or to thl extent In.urance Is afforded herein •• to assessments for .treellmprovements und.r con.truction or completed at O.t. of Policy).
<t. Un.nforc.lbility olthe lien olth.lnsured mortgage because offallur. of the Insured.t Olt.of Polic:yorof Iny .ubsequent own.rolth.lndebtedne .. to comply with .ppllc.ble"do-
Ing bu.ln ..... law. of the .tlt. In which thl I.nd I. altu.t.cI.
SCHEDULEB
Thl. policy doe. not Insurl Ig.lnst 10 .. or damlg. by reaaon of Ih. m.ttl,. .hown In parla on. and Il1o following:
PartOn.:
1. Taxea or ...... mant. which a,. not .hown as Ixl.tlng II.';. by the recorda of .ny laxing .uthority th.t I.vle.t.xes or ...... ment. on real proparty or by the public recordL
2. ARyf.ct .. rlght .. lnll,..t .. orcillmlwhich are not ahown byth.publlcrecord.butwhlcheould be'lIICIrt,lnad by.n Inspection of •• Id I.ndorbym.klng Inquiry of parsen.ln po .. es·
alon th.reof.
3. Eaaem.nta, claim. of .... m.nt or Incumbrance. which .rl not shown by the public recordl.
<t. Oller.panella, confllcta In boundary IIn.a, ahortag. In arl" .ncroachm.nt .. or .ny oth.r fads which. correct .urv.y would diaclo .. , .nd which ar. not shown by public
rKOrda.
5. Unpat.nted mining cllirna; r ... rv.tlon. or .xclptlon. In pat.ntl or In Acts authortzlng th.I .. _'thereof; water right .. claim. or title to w.t.r. e. Any IIfn, or right to all.n, for .. rvic ... labor or mat.rlal thlr.tofore or hereafter fumlahed, Impoead by law .nd not shown by the public recorda.
•
::" . : =;: .
--~--------~------
,'.
~ ',. " ~
' .. ''!'
" .. ;.
~---------~~~----~~'~~J
I -I ~
I
i , .
,I
!
j
l -I
j
I ;.
I I
)
~ ~
.~
~ ~ J...;::,
~
~ ~
~ ~
U
~ ~
~ ~ ... ~ ~ ~
" vi
~ ~~ <0(" k.
~ Q,:;'
C\i ~ !J ~ IlJ V) ~ ~~
~ ~
~ fi '0": ~ r;~ ....
~ ~ q:
"-~
~ ,
',. 'f
\1~ Q-
~!n' '.Ii ~,~ ~ K 'l~' til 0\ ~~ 2 ~~J <0 e·; ~~ 1& ;~1 ,
~ 0 ri tj '::l, ~ ';': (I)
~ \I) .. \1-
to. .. ~:"
C >. '~ 4j III ~ r~: '" 0 "<.
~ Ci f~ llJ ~j
Q ...
\
\
A
-"
RECORDING REQUESW BY AI
) e ~HEN RECORDED MA TO: )
)
CIT~ OF CARLSBA~ )
'120'0 E 1m Avenue .. )
Carlsbad, California~. 9'2008 . )
Space above this line for Recorder'. uae
!
Documentary tran.fer ta~: $ No fee
I , .. "", A I '.
, \ \ 1., \
. \ Signature of declarant determinina
tax-firm name
City of Carlsbad
Parcel No.
------------~--------------
6&J.lII1IX.lIlIII' Ov.JI.J~ OIVILOPli ·~A~J~ tAltSBAB pel , •• &1
.tY"'l Sf "H'tiC fA8iLfTI'f Fj!
THIS AGREEMENT i. entered into thi. 20 day of __ ~J~un~e ______ • 19~
by and betwee~
Lincoln Seascape, A California Limited Partnership
(Na •• of Developer)
a California Limited Partnership , her e ina f t err e fer red t 0 a.
(Corporation, partnerahip, etc.)
"Developer" who.e address is
701 liB" Street #705
(St reed
San Diego, CA 921 01
(city, State, zip Code)
and Car Isbad Investors Limited
(Naae of Legal Owner)
a Limi ted Partnership , her e ina f t err e fer red tool' --~(~C~o-r-p--o~r~a~t~i~o~n~,~e~t~c~.~J~~------------~
"Owner" whose addre •• i.
17941 Mitchell Street
(Street)
Irvine, CA 92714
(city, State, zip Code)
the CITY OF CARLSBAD, a aunicipa1 corporation of the State of California,
hereinafter referred to a. "City", who.e addre •• i. 1200 E1. Avenue,
Carl.bad, California, 92008.
REV 4-2-82
RECITALS
WHEREAS, ~wner is the owner of the real property described on ..
Exhibit "A", attach'ed to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS. the PrQperty liel within the boundari,s of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposel a development project as follows: 268 --------
Garden Type Apartment Units, consisting of 10-16 unit Buildings & 9-12 unit Buildings
on said Property, which development carries the proposed name of
Seascape
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 15 day of June ----------------------.--.
1 9 ~, wit h the Cit y are que. t for Zone Change, Tentative Parcel Map,
& a City COuncil detennination on the proposed develofIlEIlt plan (Seascape).
hereinafter referred to a. "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires th~t the City Council find that all public facilities
necessary to serve a d.velop.~nt will be available concurrent with
need or such develop.ent shall not be approved <.aid eleaent i. on
file with the City Clerk and incorporated by this reference); and
WHEREAS, Dev~loper, Owner and City recognize the correctne •• of
Council Policy Ro. 17 dated April 2, 1982, on file vith the City
Clerk and incorporated by thi. reference, and that the City's public
faciliti •• and •• tvice. ar. at ~apacity and vill not be available to
accoa.odat. the additional ne.d for public faciliti •• and •• rvic ••
r •• ultinl fro. the propo •• d D.v.lopaent; and
-2-
REV 4-2-82
WHEREAS •• veloP_ and Owner have a.a the _y to find" that
public facilit~e. and .ervice. will be available to meet the future
need. of the Devel&paent •• it j. pre.ently propo.ed; but the
Developer and Owner are aware that the City c~nnot and will not be ..
able to make any ,u~h finding. without financial a'Ji.tance to pay
for .uch .ervice. and facilitie.; and. therefor •• Developer and
Owner propo.e to help .ati.fy the General Plan a. implemented by
Council Policy No. 17 by payaent of a public faciliti •• fee.
NOW. THEREFORE, in con.ideration of the recital. and the
covenant. contained herein, the partie. aaree a. follow.:
1. The Developer and Owner .hall pay to the City a public
facilitie. fee in an allount not to exceed 2% of the buildina perll~t
valuation of the building o~ .tructure. to be con.tructed in the
Develop.ent pur.uant to the Reque.t. The fee .hall be ~aid prior to
the i •• uance of building or other con.truction p.rllit. for the
development and .hall be ba.ed on the valuation at that tiae. Thi.
fee 'hall be in addition to any fee •• dedication. or iaprovement. , . ,
required pur~~ant to Tit Ie •. 18. 20 or 21 of ·the Carl.bad Municipal.
Code. Developer and Owner .hall pay a, fee for conver.ion of exi.ting
bui ld ing or • t ructu rea int 0 condo.ini u.a in an 'amount no t to exc •• d ,2%
of the building permit valuation at the time of converaion. The fee
for a condoainium_converaion ahall be paid prior to the iaauance of a
condo.inium conver.ion p.rmit a. provided in Chapter 21.47 of the
Carlabad Municipal Code. Condoainium ahall in~lude coamunity , '
apart.ent or .tock cooperativ.. The terma "othe~ con.truction
p.rmita", "oth.r conatruction p.rmit" and ".ntitl ••• nt for uae" a.
u •• d in thi •• Ir •••• nt •• KC.pt in r.f.r.nc. to mobil.ho ••• it •• or
-3-RIV 4-2-82
project., .h.llllot rettr to gr.ding permi~or o~r permit. for the
con.truction ot un~erground or .treet improvements unless no other
,.
p.rmit i. nec •••• ry prior to the u.e or occup.ncy for which the
d.velopment i. intended. Dev.loper .nd Owner .h.ll p.y to City.
public f.ciliti •• f •• in the .ua of $1,150 for e.c~ .obil.h~m •• p.ce
to b. con.tructed pur.u.nt to tbe Reque.t. The fee .h.ll b. p.id
prior to the i •• u.nc. of building or oth.r con.truction permit. for
the development. Thi. fee ah.ll .be in .ddition to .ny f.e.,
dedic.tion. or improv •• ent. required .ccordins to Titl •• 18, 20 or 21
of the C.rl.b.d Municip.l Code.
2. The Developer .nd Own.r •• y offer to don.te •• ite or .it ••
for public f.ciliti •• in lieu of .11 or p.rt of the fin.nci.l
oblig.tion .sreed upon in P.r.sr.ph 1 .bove. If D.veloper .nd Own.r
offer. to don.te •• it. or .it •• for public f.cilitie., th. City .b.ll
con.id.r, but i. not oblig.t.d to .ccept th. off.r. Th. tia. for
don.tion .nd .mount of cr.dit .g.in.t the f ••• h.ll b. d.terain.d by
City prior ~o the i •• u~nce of .ny buildinl or oth.r perait.. Sucb
determin.tion, when •• d., .h.ll becoae • p.rt of thil .sr •••• nt •.
Site. don.ted under thi. p.r.sr.ph .h.ll not incl~de improve •• ntl
required pur.uant to Titlel 18 or 20 of the C.rl.b.d Municip.l Cod ••
3. Thi ••• re •• ent and the fee paid purauant hereto .re required
to en.ure the con~iatency of the Develop.ent with the City'. General
Pl.n. If the f •• il not p.id •• provided herein, the City will not
h.ve tb. fund. to provide public f.cilitie •• nd .ervice., and the
develop.ent will not be conliltent with the General Plan and .ny
.pprov.l or per.it for the Development Ih.ll be void. No buildins or
oth.r con.truction p.r.it or .ntitle •• nt for u ••• h.ll b. i •• u.d
until the public faciliti •• f ••. r'.quir.d by thi •• Ir •••• nt i. p.id.
-4-
ilV 4-2-82
4 • City ~ee. t~depo.it the fee. P~d purJltnt to thi.
... • greement in .-pub)ic f.cilitie. fund for the fin.ncing of public
,.
f.cilitie. wh.n the City Council deteraine. the need exi.t. to
provide the f.cilitie •• nd .ufficient fund. from the p.yment of thi.
.nd .imil.r public f.cilitie. fee. are .v.il.bl •• /
5. City .gre •• to provide upon reque.t re •• on.bl, ••• ur.nce. to
en.ble Developer .nd Owner to coaply with .ny requirement. of other
public .gencie ••• evidence of .dequ.te public f.cilitie •• nd •• rvice •
• ufficient to .ccom.od.te the ne.d. of the Dev.lop •• nt her. in
de.cribed.
6. All oblig.tion. her.under ahall terminate in the event the
Reque.ta m.de by Developer are not approved.
7. Any notice fro. one party to the other .h.ll b. in writing,
.nd .h.ll be dated .nd .igned by ~he p~rty living .uch notiee or by •
duly .uthorized repre •• nt.tive of .ueh p.rty. Any .ueh notie •• h.ll
not be effective for .ny purpo.e wh.t.o.ver unle ••• erv.d in one of
the :followit)g •• nner.:
, ..
7.L If notic. i. given to the City of per.on.l d.livery
thereof to the City or by depo.iting •••• in the United St.t •• K.il,
.ddre •• ed to the City .t the .ddr •••• et forth herein, .nelo •• d in •
aealed env.lope, .ddr •••• d to the City for .ttention_ of the City
M.n.ger, po.t.g. er.p.id .nd c.rtified.
7.2 If notic. i. given to Developer by per.on.l d.liv.ry
thereof to D.velop.r or by d.po~itin, the •••• in the Unit.d St.te.
Mail, .nclo •• d in a •• al.d .nv.lope, .ddr •••• d to D.v.lop.r at the
addr ••• a •• ay have b •• n d •• i,nated, po.ta,. pr.paid and c.rtifi.d.
-5-
lEV 4-2-82
I
I
--_._-------
. .1
• 8. Thi. agree.ent .hall be binding upon and Ihall inure to the
#'
,-
benefit of, and .hall apply to, the re.pective .ucce.lor. and a •• ign.
of D.v.lop.r, Own.t and the City, and reference. to Developer~ Owner
or City h.rein .hall be de •• ed to be reference to ~nd include their
r •• p.ctiv •• ucc ••• or. and a •• ign. without .p.cific •• ntion of .uch
.ucce •• or. and a •• ign.. If D.v.loper .hould c •••• to h.ve .ny
intere.t in the Prop.rty, .11 oblig.tion. of D.v.lop.r h.r.und.r
.hall t.r.inat.; provid.d, however, th.t .ny .ucc ••• or of D.v.lop.r'.
int.r •• t in the prop.rty .h.ll have firot &.Iu •• d in writiug the
D.v.lop.r'. obliaation. her.und.r.
At .uch tiae a. Own.r cea.e. to have any int.r •• t in the
Property, all obligation. of Owner hereunder .hall t.r.inate;
provided. however. that if any .ucce •• or to the Owner'. inter.at in
the Prop.rty i, a-.tranaer to thi. alre ••• nt, .uch .ucc •• ,or hal firlt
a.au •• d the obliaation. of owner in writina in a for. acc.ptabl. to
City.
9. . ,.~ T~1' ,gre ••• nt .h.ll be rec~rded but .h.ll not cre.te a li.n
or .ecurity intereat on the Property. When the obligation. of thi •
• gree.ent h.v~-b •• n •• ti.fi.d, City .h.ll record. r.l •••••
III
III
III
III
-6-
IIV 4-2-82
I ._----_.
i
i
IN WITNEStILHERE~ this agreement i.~ecut~in San Diego
Cpunty, California a. of the date f·ir.t written above . ,
OWiER:
( )
.. ,.
(SIgriature )
(Name)
(SIgriiiture ) . __ ........
STATE OF CALIFORNIA
COUNTY OF ORANGE
DEVELOPER:
Lincoln Seascape, A '.:;alifornia
/"
Limited PartnersHip
BY Greg R. Neville
TITLE Lincoln Se.:iS'~~\i.Je Agent ::T·~s9~
r.TTY n. CARLSBAD. a auniciDal
On this 22nd day of June, 1984, before me, A. June Barrier, the under-
Signed Notary Public, personally appeared Dwight W. Spiers, personally
known to me, or proved to me on the basis of satisfactory evidence, to
be the general partner gf the partnership that executed the within
instrument, and acknowledged to me that such partnership execute4~~e same. ' ;. ~:~
, 'I' • • ~ ~1
WITNESSI!1Y. hand and ficial seal. [j'~.OFi"CiAJ. SEli91
"
PARTNERSHIP ACKNOWLEDGMENT
State of &/ EL?&::,.t.k.e2
county of S;;W &6t:J }~
. AAMNffEA I) OFFICIAL SEAL .
• ~LIC • CALIFORNIA
SM DIEGO OOUHIY
",~"'FO .. 1tI7
A JUNE BARRIER ~
: NOTARY PUBLIC· CAUFORNIA
, ORAl~GE COUNlY ~
.., COIIVL .. NOV It ·lIM . .-. ~ ~.
/orH On ttlls the ."LL-day of _:Ii.W-IlAr::l...b;Q~E'.-...... ____ 19--Ubefore me,
the undersigned Notary Public, personally appeared
lK personally known to me
o . proved to me on the basis of satisfactory evidence
to be the person(s) who execl.!ted the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed It.
WITNESS my hand and official seal.
~~ d. ~z:e;..< Notary~nature
l
NO"1
NATIONAl. NOTARY A88OCIATlOH • 23012 v.ncur. 1IwI .• P.O. 10K 411!1 • ~ ..... CA ....
-----•••• -~ ~ to -\. -, ... ' .. -··--.. ~ .. +-1-. ---~I-.,. . .,... -:.~.: ~i'8""
e,
EXHIBIT "A"
LE~AL DESCRIPTION
"
The lam referred to herein is situated in the State of california, County
of San Diego, and is" described as follows: /'
lots 100 and 101 of CARISBAD TRACT 00. 73-23, in the City of Carlsbad, County
of San Diego, State of california, according to Map thereof No. 8081, filed
in the Office of County Recorder of San Diego County, February 28, 1975
, ,
Excepting all' crude, oil, petroleum, gas, br~, as};ilal tum, and all kindred
substances andlother minerals in and under said lam, but without the right
to enter upon the surface of said land above a depth of 500.00 feet to ex-
plore for or extract same, as reserved in a Deed recorded August 27, 1969 as
File No. 157186 and that Deed recorded August 27, 1959 as File No. 157190,
both of Official Records.
Also excepting all oil, oil rights, mineral rights, natural gas rights and.
other hydrocarbons by whatsoever naIre known, together with all geothennal
steam and steam ~ that may be wi thin or under the parcel of lam here-
inafter described, together with the perpetual right of drilling, mining,
exploring and operating therefor am storing in am raroving the sane fran
said_.land, or any other lan:i, including the right to whipstock or directionally
drill and mine fran lands other 'tl'lqn those hereinafter described, oil or gas
wells, tunnels and shafts into, through or across the subsurface of the land
hereinafter described and to bottan such whipstocked or directionally drilled
wells, tunnels., ~ shafts under and beneath or beyooo the exterior limits
thereof, and' ~ redrill, retunnel, equip, maintain, repair, deepen and operate
such wells or t;¢.nes, without hC7Never the right to drill, mine, store,' explore
and operate-Wough or' on the surface or the upper' 500 feet of the sUbsurface
of the land herein described.
i
k
"-'1' ~-
LINCOLN PROPERTY COMPANY
September 6, 1984
Mr. Charley Grirrm
City of Carlsb~d
Planning Department
1200 Elm Street
Carlsbad, CA 92008
Dear lYIr. Grimn:
•
Enclosed please find a copy of Agreeraent between Lincoln Seascape,
A California Lirni:ted Partnership and Carlsbad Investors Limited,
a Limited Partnership.
s~~
Debbi Allen )
for Andrew B. Wright, Project Manager
701 "S" Street Suite 705 San Diego, California 92101 (619) 234-2972
ji::D AT 'lEE :m:ljJ£'ST OF: ~"I.' H J • /.c;S;~\':A.D UNIFIED SCHOOL DIE_leT
dO~ :eINE AVENUE -
CARi:"SBAD? CA. 92008
l.,'HEN RECORDED I RETURN 'ID:
CARLSBAD UNIFIlm SCHOOL DISTRICT
801 PINE AVENUE:
CARLSBAD, CA. 92008
AGREE~mNT RE DEDICATION OF LAND
OR
PAYMENT OF FEES ·IN LIEU THEREOF
THIS AGREEl1ENT RE DEDICATION OF LAND OR PAYMENT OF
FEES IN LIEU THEREOF is entered into thiS.lt!! day of
..... 1l~...-~'?~.A1~5~r_. ___ ' 1981", by and between CARLSBAD UNIFIED SCHOOL
DISTRICT ("School District") and PACESETTER HOMES, INC., a
corporation ("PacesetterU ), CARLSBAD INVESTORS, LTD., a . .
limited pa:rtnership ,'''Carlsbad''}, and OCCIDENTA,L LAND, INC.
(JlOLI").
WHEREAS, School District and OLI entered into an
Agre~ment dated June 18, 1974 (the "Agreement"); and
~raEREASl the Agreement, as amended by Addendum dated
June 18, 1974, was intended to ·satisfy all requirements regard-
ing the dedication of land or payment of.fees for school pur-
poses reg·uired in conjunction with the development· of certain
land belonging to OLI inc'luding the land described in Exhibit
"AlI attached hereto (the ULandn ); and
HHEREAS, the Agreement provided that certain land
would be conveyed to the .. School District in satisfaction of a
portion of the fees required in conjunction with the develop-
ment of the ~and; and
-1-
•
WHEREAS, said Agreement further established the amount of
fees to be required of OLI or its successor in interest in
conj unction with ,the development of the Land; and
WHEREAS, circumstances pertaining to the development' of
the Land and the requirements of School District in conjunction
with the development of property in general have altered
significantly since the date of the original Agreement; and
WHEREAS, portions of, the Land have been conveyed to
Pacesetter and options to purchase granted Carlsbad; and
WHEREAS T the Agreement referred to above as amended has
expired by its own terms; and
WHEREAS, a cloud remains upon the title of,OLI, Pacesetter
and Carlsbad as a result. of the continued existence of the Agreement
and the escrow which was opened in conjunction therewith; and
WHEREAS, as a result of the foregoirig, it' is the mutual
desire of School District, Pacesetteri Carlsbad and OLI to remove
the cloud of the previous Agreement and to proceed with development
of the Land in accordance with the current regulations pertaining
to development and the current regulations pertaining to the
dedication of .land or payment of fees in li~u thereof in conjunction
with the development.
NOW, THEREFORE, the parties, in consideration of the mutual
covenants and promises herein contained, do hereby agree as follows:
-2-
.'''',\!,, •
1.' The parties hereby acknowledge and agree that the
Agreement of June 18, 1974, by and between the CARLSBAD UNIFIED
SCHOOL DISTRICT and 'OCCIDENTAL LAND, INC., as amended by the
-Addendum dated June 18, 1974, expired of its. own terms and is of
no further force and effect.
2. Any escrow entered into pursuant to the provisions of
the Agreement shall be terminated and each party agrees to execute
any required escrow instructions in order to terminate said escrow
in accordance with its terms.
3. School District, OLI, Pacesetter and Carlsbad agree
for themselves and their successors and assigns that the
iequirements of School District pertaining to the dedication of
land. qr the payment oE fees in lieu for school purposes as a
.condition of approval of the development of the Land shall be
satisfied by the payment of fees in accordance with the established
procedures of School District and the City of Carlsbad as they'
. '
shall pert9 in to the development of Land at the time of actual
development.
4. School District agrees that upon execution of
appropriate Secured Agreements~ Exhibits Band C attached hereto
respectively, and only upon. execution of such Secured Agreements,
the School District shall forward to the City of Carlsbad a letter
advising the City that the School District will be able to provide
physical school facilities for residential development on the Land
-3-
"
_ f.... •
and that the requir·ements of the School Distr ict for the aedication
of land or the payment of fees' in lieu thereof shall be satisfied
-by the payment of fees in accordance with the provisions of this
. .
Agreement. As to that property designated as a school site and
proposed school site and presently owned by OLI subject to an
option to purchase held by Carlsbad, the School District will upon
execution of this Agreement' -and request forward to the City of
Carlsbad a letter advising the City that upon executiC?n of th~
required secured agreement by Occidental 'or' its successor in
.inter·est the School District will be able to proviae physical
school facili ties for residential' development on such property
should the for residential use.
5. ,n consideration f School District executing this
.Agreement and removing the cloud from t.he title of ·the. Land,
Pacesetter and OLI agree for themsel~es and their succeS30rs in·
interest that they' or'their successors in interest will pay a ten
~)" -ypercent ~UrCharge over and above th.e amount of fees ot.herwise
required' at the time their property is developed, payable in the . .
same manner as the fees in lieu of dedication of land are payable
to the School District in accordance with the established School
Distric~ regulations in effect at the time said fees are required.
6. The parties agree that this Agreement shall be recorded
at the expense of Carlsbad.
-~---------------------------------~ . ti
~/A '!~rrl'l; ~. t~1-
)~fp # .. S:~/tg-·-I It/I---4-
7. Pacesetter, Carlsbad and OLI agree to reimburse
."
the District for all reasonable incurred attorney's fees in
the preparation and 'execution of this Agreement~
OCCIDENTAL LAND, INC. CARLSBAD UNIFIED SCHOOL DISTRICT
~l~~ A. A. McCloskey, Presideni
~-By ~
art]) P01lteI"'
Assistant Secretary
PACESETTER HOMES, .INC. CARLSBAD INVESTORS, LTD.
"
Bg' =2~.
DWight W. Spiers, _
General Partner
BY~~~1;i~
Assistant Vice President
" " .
..
-5-
•
STATE OF CALIFORNIA )
} ss.
COUNTY OF ~ 1fJ/6£1£.S)
On /tUGtfS1 II . ; 1981, before me, the
tindersign~d, a Notary Public in and for said State, personally
ftppeared A. A. McCLOSKEY, known to me to be the President, and
BART DAL PONTE, knmm'to me to be the Assistant Secretary of .
<?9CIDENTAL LAND, INC., the corporation that executed the within
~nstrurnent, 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 bylaws or a resolution of its board
of directors.
WITNESS my hand and official seal.
OFFI CIAL SEAL
SHEILA FORMAN
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
My tom~. expires SEP 7~ 1984
STATE OF CALIFORNIA
COUNTY OF (/J/!.#~~/
)
) ss.
)
On ~~ //, /9.R/ , 1981, 'before me, the
undersigned, a Notary Public in and for said State, personally
appeared LANDON M. EXLEY, known to me to be the Executive Vice
President, and SHERRI WHITFIELD, known to me to be the Ass.istant
Vi"ce President of PACESETTER HOMES, INC., 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 bylaws or a resolu-
tion of its board of directors ..
. WITNESS 'my hand and official seal •
.---. ,.-£~/._~
STATE OF CALIFORNIA
COUNTY OF 'SAN DIEGO
)
) SSe
)
. On August 31, 1981 , 1981, before me, the
lln.dersigned, a Notary Public in and for said State, personally
appeared PHILIP GRIGNON,-known to me to be the District
Superintendent'of CARLSBAD UNIFIED SCHOOL DISTRICT, the School
District that executed the within instrument, known to me to
be the person who executed the within instrument on behalf of
the School District therein named, and acknowledged to me that
such School District executed the within instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
. /?J )
COUNTY .OF ~~ ),
~~~xxxx
SSe
~~~.~
_.-
~:;., .• ' OFFICIAL SEAL .f~~~\ ANITA M WILLIAMS "~~c '"' ~ "'flft=~J':~ NOTARY PUBliC . CAU'-ORNIA ~\~'~~I:;l -Ni.;;:y,' SAN DIEGO COUNTY ") '~."""" • 1 .~, My comm. expires NOV 27, 1984 ;\ ~"~-..:.,-,,:~ ... :;""""~-s...o. • ..k
On ~ //, /'t...11 ,1961, before me, the
undersigned,~ry Public in and for said State, personally
appeared DWIGHT W.. SPIERS ,known to m,e to be General Partner of
CARLSBAD l}~TESTORS9 Ltdo l the partnership that executed the
within instrument, known to me to be,the person who executed the
'within instrument on behalf of the partnership therein named,
and ackn'owledged to me that such partnership executed the wi thin
instrument ..
WITNESS my hand and official seal.
" ~.~,. OFFICIAL SEAL
...... ~ BETH PETERSON
fKJ'T1.RY PUBUC -CAUFORNIA
• PRINCIPAL OFFiCE IN
ORANGE COONTY .• -Mt Commission Expires Oct, 6, 1984
j .
,.
. ; •..
"..
-..
1.0TS ::1.UO AND luI OF CARLSBAD TRACT NQ. 73-23. IN THE CITy OF CARLSS·AC ...
COUNTY OF SA~ DIEGOy STATE OF CALIFDRNrA~ ACCORDING TC PAP THEREOF ~G_
a081" FILED IN THE OFF1CE (sF ~Our\H,( RECORDER CF SAN ClEGG_ COUl'l;TY ....
FEBRUARY.2-8., 1975.... _. _: .. _ _ .' .. -... ...... . . E~CEPTING Al( CRUDE, OIL, P£TR~LEU~, GASy EREA~ ASPHALTUP ANC . -
_ ALL KINDRED SUbS:rANCES AND OTHER .tUNERAlS· II\; A!'~D UNDER SAle tAt\O.,.
·BUT WITHOUT "'tHe RIGHT TO Er4TER UPON THE SURFACE OF SA-IC tAJ\!)' ABCVE .. · .
A DEPTH OF_500~OO FEET TO EXPLORE FOR OR EXTRACT SAME, AS RESERVED __
IN A DEED J{ECOR.OEO AUGUST 2.7~ -19697 R~CCR[;ER"S FILE f'\C. J.57186 AND T1-!t.T
DEEO RECORDED AUGUST 21., 1969y RECORDER·S FILE mo-151190 OF CFFICIAL
u RECORD? eo -" -_ . .---.'
:ALSO· EXCEPTING A.ilL OIL., OIL RIGHTS, MINERAL RIGHTS,.. r..ATURAlo GAS ::".
RIGHTS AND OTHER HYDROCARBONS. BY \iHATSOEVER NAPE KNOhf\; T TGGETH::R ,";i~n
.. ALL GEOTHERMAL STEAM ANO -STEAr~ POHER THAT to'AY BE HITHII\ OR UNDE~.iHE PARCEL OF LAND HEREINAFTER DESCRIBED y TOGETHER HITp THE
'P~RP~TUAL RIGHT OF DRILLING~ MINING, EXPLORING AND OPERATI~G THEREFOR AND
STdRIN~ IN AND REMOVING THE SAME FROM SAID lAKD~ DR ANY OTHER LA~D9
-INCLUDiNG ~HE RIGHT TO WHIPSTOCK OR DIRECTIONALLY.DRILL· AND·~I~E FROM: ,
l.ANDS OTHER -THAN THOSE HEREli-1AFTER DESCRI8ED T OIL OR GAS HELLS? ''TUNNELS
AND SHAFTS INTO~ THROUGH OR ACROSS THE .sUBSURFACE .OF THE LANG HERE INAFIER
-DESCRIBED AND TO BOTTOH ,SUCH WHIPSTOCKED OR CIREeT IOl-vAU:. Y DRILLEr: WELLS.
: TUNNELS AND SHAFTS UNDER AND .BENEATH OR .EE'tOND THE EXTER lOR tIP-ITS ,:.' .
. : THEREOF~ AND JO REDRILL~ RETUNNEL~ EQUIPT.~AINTAIN~·~~PAIR. CEEPEN'A~C':
" O-~E~ATE ANY 'SU~H H~LLS OR HINES~ WITHOU: HCWEVER THE 'RIGJ-iT T~ DRILL, Plt\E~
STORE., EXPL~RE .AND OPERATE THROUGH ~R ~I~ Tl-E Sl1RFA.CE CR THE t;P?~R-?OO FEEl
OF 'THE SUBSURFACE OF THE LA~O._ HEREIN ~_t:SCR ISED_ . .-_ : _ -_
... ; ~
. . "
.1
.1
EXHIBIT A
Parcel 2
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF .
·CALIFORNlft y COUNTY OF SAN DIEGO~ A~D IS DESCRIBED AS FOLLOWS:
, , , , LOTS 1 THROUGH 99 ~~CLUSIVE OF
C ARLSBA_D, IN TiiE COUNTY OF SAN
HAP THEREOF NO. 80~1, FILED IN
COUNTY, FEBRU~RY 28. 1975.
CARLSBAD TRACT NO. 13-23 IN THE (I'TY OF
DIEGO. STATE OF CALIFORNIA. ACCORDING TO
THE OFFICE OFCfrUNty ~ECORDER OF SA~ DIEGO
EXCEPTING ALL CRUDE ,OIL, PETROLEUM, GftS. BkEA. ASPHAlTU~ AND All KINDRED
SU8STANCES .aND OTHER ~If\1ERAlS IN AND UNDER SAID lAND SUT WITHOUT THE:
KIGHT TO ENTER UPO~~ THE SUi={fACE OF SAID LAND ABOVE A DE'PfH OF 500.00
FEET TO EXPLORE FOR OR EXTRACT SA~C7 AS RESERVED IN A DEED,RECORDEO
'~UGUST 27, ,19&9, RECOROER-S FILE NO. [57186 AND THAT DEED RECORDED
AUGU~T 27. 1969, RECORDER·S FILE ~Q. 157190 CF OFFICIAL RECORDS.
ALSO EXCEPtING ALL OIl~ OIL KIGHTS~ MIN~RAL RIGHTS? NATURAL GAS RIG~rS.
ANb OT~ER HYOROtARBONS BY WHATSOEVE~ NAME KNOWN,·TOGETHER WITH All '
GEUTHERMAL STEAM AND, STEA~ POwER THAT MAY BE WITHIN OR. UNDER XHE ,PARCEL OF
LAND HEREINAFTER DESCRIBED TOGETHER WITii THE PERPETUAL RIGHT OF DRILlI~G~
HINr~G, EXPLORING ANb OPERATING THEREFOR AND STORING IN AND REMOVING THE
SAME FRO~ SAID LAND., OR ANY OTHER lAt.zo, INCLUDING fHE RIGHT TO kHIPSrOCK
OR DIRECTIONAllY DRILL AND MINE FRO~ lA~DS OTHER THAN THJSE HEREINAFTER
DESCRIBED OIL, OR GAS WELLS, TUNNELS_AND SHAFTS INTO, THROUGH OR ACROSS
THE SUBSURFACE OF THE LAND HEREINAFTER OESCRI9~O AND TO eOTTOP SUCH
wHIPSTUCKED OR DIRECTI~NALLY DRILLED WELLS. TUNNELS A~D SH~FTS UNDER AND
aE~EATrl OR BEYOND THE EXTERIO~ LIMITS THEREOF, A~O TO ,REnRILL~ RETUN~EL.
EQUIP, HAINT.AIN, REPAIR, DE:EPEr~ AN'J OPERATE ANY SUCH WELLS OR "'INES~
wITHOUT HOI'IEv!:I{T THE' RIGHT TO DRILL. ~INE. STORE .. EXPLORE AND OPERATE
THROUGH OR ON THE SURFACE OR THE UPPER 500 FEET OF THE SUBSU~FACE OF THF
LAND HEREINAFTER DESCRIBED. '
ALSO EXCEPTING ALL MINERAL RIGHTS INCLUOING ~ITHJUr LIMITATION ALL CIL~
GAS? HYOROCAR80~~ AND SIMILAR RIGHrS~ ~ND ALL HATER,. WATER RIGHTS.
GEOTHERMAL STEAM AND STEA~ PUWE~9 ~ITHIN OR UNDERLYING SAID PROPERTY,
TOGETHeR WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF; PROViOED.
HOwEvER, THAT THE RlGHTS EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON
THE SURFACE A~D THE TOP 500 FEET OF THE SUBSURFACE OF THE, REAL PROPERTY
HEREIN DESCRIBED, AS RESERVED IN DEED RECORDED DECEMSER 30,. 1980.
RECORD~R·S FILE ~O_ 80-436451. ~~
~"t. ••
:
/-,I'
~~~'
~"'I NJ
I , \
!
'\4.
6j
-'
l I
'e OW~~
1.:8 i
I ~I
"l
I
(f)
<t:r -.J<»
~ It 't
L « u
b8
~
" -9 ~
I
~
'-
"J _
" .~ r-" -.-:..---
I
EB
SA'" ~. t::'U 0 -,""
ASSE SSOR') MAP
80ljK 214 PAGE 35
I 8.37
't
673 AC
MAC;-c ) -:..q ~S'>E 5 .,ME';· ;J ,>''''':;_'' ""'t '
----
MI0702
<::> III '"I
e
REMAINDER PARCEL
CB
1344 AC
-PASEO
@SHl:
6L914
-·101 G 13.83 AC .
G~D
GINGER AVE .
9
S'HT 2
e ~.
BATIQUITOS DR.~ 214 -35
"'"
®
3.95 AC
@
-"Q SHT. 2
®I
5.68 AC.
o \ z.. \ IJ)
~
-1 -~
G)I .
2 28 A C MI0766 JZ 'Y.U ~
. MI0702 ACCESS ~
.5;~/~4·W NORIE . __ -----..
N <. \ \
tJu.",I!!"'~r
I
EB
"""'"' Z \
1"= 200' c
o/-//-8¢#E
CHANGES
BLK OLD NEW YR CUT
13..5:3 /-5 184 .9$
L3..H (J~f:~ (0 -.8 La.4 /00-41,
.353 4-'.!J /94 15.9
7 ~/'d '$I \3~5-j
MAP 10766 -CIl RLSBAD TCT NO. 81-30 UNIT NO 2 !CONDM)
MAP 10702 -CARLSBAD TCT. NO. 81-30 UNIT NO. I (CONDM.)
MAP 8081 -CARLSBAD TCT NO. 73-23 (CONDM)
SEC. 28 -TI2S-R4W -POR SE 1/4 OF NW 1/4
~
I
~ ~""
~ ...
1
I ~I ~
.i "t ~
V:l
'1 .(J) ,
~
U
i I 1 I I'c I
J ... ..;,
! ~
, ~ 1./ .~
l '';l
I .,~ i 1 ~)
1 l \
i ; ~ ,
~ .
~
....... ,~ -------
.~"r.z/
~ .. ~ \)
~ t~ ... ..
~ ~
I
/
I
I . I
~"/ ~I ~I , I I~I . I f~ ! -I"~ I . I
. [
. ~ I
I
; .
: ....
'." ~
'. -... '. ~." . '.
<.: ... ~ .. :: . . :--:;., : .
. ".-.
'.-' :.:'
'''''-
~:. ~!l
.);;
•~ ~fff1
~ ~ .. ~~~ .5.i~
18 ~ ~ ~ ~ # ~ ~ ~ -ni¥.-=
.ri " ~Wt'? t:"&,pr "~~ ~.'<' ;.,
;:: ; .-f-! oS'
.r::r_""$"."';'.,.-
<:J ~ (.r,."..? ,-'/,.,.,
..,r,"r//
I
I
J
~ ~
vJ t',z ~-
g5
(\1 I
(j
"I t')
~:
~ ~
~-; -J Q..
~ tt· ~~~ ~~ ~~ ~~ ~~ '{ ~\o-
t'v ~ -~ ~~ k~ ~~ ~ ~~ ~.q
--
i ;J . ~ 1 £ ; , ~ I ;;
j I
! I
EXHIBI,T A • Parcel 3
i $
THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION ZB AND THE EAST HALF OF'
THE NORTHEAST QUARTER OF SECTION 28 AND THE EAST HALF CF THE NCRTHEAST ~
, QUARTeR OF SE~TION 299 ALL IN TOWNSHIP 12 SOUTH7 RANGE 4 WEST, SAN ,
BERNARD"INO MERIOIAN .. IN THE CITY OF CARLSBAD., IN THE CCUf\TY OF SAN DIEGO v 1
ST,ATE OF, CALIFORNIA., ACCORDING TO OFFI~IAl PLAT THEREGF .. OEseRreED AS
FOLLO~S:
, ,
BEGINNING AT THE NORTHWEST CORNER OF TH~ EAST HALF OF THE NORTHWEST
QUARTER OF SAIQ SECTION 28. THENCE ALONG T~E WEST lIhE OF SAID EAST HALF.,
SOUTH 00-34-23", \-IES T 50.01 FEET TO THE ~'GSl NORTHERLY CORNER OF PA ReEL 1
OF LAND DESCRIBED IN A DEED TO HAROLD BUTLER, RECORDED AUGUST 27, 1969 y
RECORDERvs FILE NO. 157190 OF OFFICIAL RECCRDSY,BEING ALSO A POINT IN THE
ARC OF A 530 ... 00 FOOT RADIUS CURVE' 'IN THE WESTERLY BOUNDARY OF CALIFORNIA
STATE HIGHWAY XI-SD-5 -INTERSTATE-AS DESCRIBED IN DEEDS TO THE STATE CF '
CAlIFORNIA~ RECORDED DECEMBER 3, 1965. ~ECOROER~S FILE NO •. 218351 AND
Z 18352 OF OFFICIAL RECORDS, THENCE ALONG ThE BOUNDAR" OF SAID BUTLER l_A.NO.,.
AND AtONG SAID CURVE, THROUGH A CENTRAL ANGLE CF 31·58-4~" A DrSTANCE,CF
295~BZ FEET to A REVERSE 470.00 FOOT ,RADIUS CURVE: SOUTHERLY ALONG SAIG
CURVE .. THROUGH A CENT'RAL ANGLE OF 25·19-28" A DISTANCE OF 207 .. 74 FEEl";
TANGENT TO SAID CURVE? SOUTH Oo~04'55" EAST taOO.58 fEET -RECDRD SOUTH
,06-.o5!'117M EAST 1800.51 FEET-TO THE BEGINNING OF TAi~GE%\T 25_00 FOOT
RADIUS CURVE. CONCAVE NORTHI-IEST'ERlY; SOUTHIoiESTERt Y .~.lCl\G SAID CURVE.,.
THROUGH A CENTRAL ANGLE OF 82-59-27" A OISTANCE OF 36.21 FEET -RECORD
82-59-57" A DISTANCE OF 36.22 FEET-; TANGE~T TO SAID CtRV~. SOUTH
76-5.49 40'" HE'ST 151.35 FEET. -RECOR[} 151.34 FEET-; l\ORTH 13-05-20" HEST
20.00 FEET; SOUTH 89-32-33" WEST 175.51 FEET; -RECORD SO~TH 8~30-11"
WEST. 175.91 FEET-AND NORTH'33-52-41" UEST -RECORD 33-51-38" l-lEST·-TO THE
HEST 1..INE OF THE EAST HALF OF SAID NORTHSotEST QUARTER, BEING ALSO A POINT eN
THe BOUNDARY OF ,LAND CONVEYED TO THE STATE OF CALIFORNIA FOR FREEWAY
PURPOSES,. AS DESCRI-8ED IN PARCEL 3-8 AMENDED OF A FINAL ORDER OF
CONOEMNATION~ RECORDED JULY 18~ 1963. RECGRDER-S FILE NG. '125395 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID STATE lAf-iOt> NORTH
, 33Q 52-4P' ~EST -RECORD NORTH 33-5P38" HEST-TO AN Al\GLE' PClt\T THEREIN;
NORTH 4540 25~34" WEST 471 .. 35 FEET -RECORD NCRTH 45-25-54" WEST 471-28
FEET-; NORTH 36"'39·58u ·\-IEST -RECORD NORTh 36"40'51" !1EST.-303 .. 36 FEET;
NORTH 29-22·35" WEST 700.30 FEET; -RECORD ~ORTH 29-2i·39-WEST 700.16
FEET-; NORTH 28·08-51" WEST 340.30 FEET; -RECORD NORTH 2S·0Q·OOff WEST
340.36 FEET-; NORTH 2Y-09·30~ WEST 514.91 FEET; -RECORD 514.88 FEET-A~D
NORTH 24"' 40-18n WEST 349.96 FEET -RECORD 349.99 FEET-TO A PCIl\T ON THE
NORTH LINE OF SAID SECTION 29, THENCE EASTERLY ALOI\G SAIn NORTH lINE,. ANIi
THE NORTH LINE OF SAID ~ECTION 28y 1498.94 FEET TO THE PCI~T OF BEGINNING.
~XCEPTrNG FRriM THAT PORTION LYING WITHIN THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 28, ALL CRUDE OILr PETROLEUH y GAS 7 BREA y ASPHAlTU~
AND ALL' KINDRED SUBSTANCES AND OTHER MI~ERALS IN AND U~DER SAID LAND ELT
WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID lA~D ABOVE A DEPTH OF
500.00 FEET TO EXPl8RE FOR OR EXTRACT SAME.
"
•
SECURED 'AGREEMENT BETWEEN
OWNER AS DEVELOPER AND
CARLSBAD UN1FIED SCHOOL DISTRICT
THIS SECURED AGREEM~NT is entered into this 14 day of ' --'--"----
__ JUIl_e ______ , 198..i, by and between 1/
LINCOJ~ SEASCAPE
(Name of Developer)
, a Lll'IITED CALIFORNIA PARTNERSHIP
(Corporation, Partnership, Etc.)
hereinafter referred to as "Developer," whose address arid phone
number is 701 liB" Street: Suite 705
(Street)
(Phone) (City, State, Zip Code)
San D::'eqo, CA 92101
and
CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California,
hereinafter referred to as "District," located at 801 Pine Avenue,
Carlsbad, California 92008.
•
A. WHEREAS, Developer is the owner of the real property
described on IIExhibit All attached hereto and by this reference
incorporated herein by reference, and hereafter referred to
a's IIPropertyll 2/ and
B. WHEREAS, the Property lies within the' boundaries of'
District; and Carlsbad Unified School District
c. WHEREAS, Developer proposes to construct 3/
A total of 268, Garden Type Apartment Units
Consisting of: 5 -16 Unit Bldgs. (8 -lbd. rm./8 -2 bd. rms.)
5 -16 Unit Bldgs. (12 - 1 l:d. nne 14 -2 l:d. rms. )
9 -12 Unit Bldgs. (4,-,1 bd. rm./~ ~ 2 bd. rms.)
on said Property, which development carries the proposed name
or address of Seascape and is hereafter
referred to as IIDevelopment ll ; and
D. WHEREAS, Deve 1 oper fi 1 ed on the -1A-day of --'-"I.u.l1D .... e~ __
198~, (or intends to file) with the County of San Diego and/or
, the City of Carlsbad a request for 4/
Zone Change Approval (From P-C, To RD-M)
Tentative Parcel Map Acceptance
City Courlcil Approval
E. WHEREAS, Developer and Di'strict recognize that school
facilities and services will not be available to accommodate
children who may subsequently move into the proposed development;
and
F. WHEREAS" Deve 1 oper has requested of the Di strict
assurances that school facilities and services will be available
to meet the needs of the future residents of the development
-2-'
•
the development as it is presently proposed and the Developer
is aware that the, District cannot, and will not, be ab,le to
give Developer any such assurances without financial assistance
to pay for such services and facilities; and
G. WHEREAS, Owner and Developer agree to provide such
financial assistanc'e in accordance with the ·terms of this'
agreement and the'District agrees to provide assurances that
school facilities and servkes will be available.'to meet the,
needs of the future residents of the developme~t' as 'it is
presently proposed.
NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
1. The' Developer shall pay to the District the sum' of
One Thousand, Six Hundred, Ninety-Six and no/100 Dollars ($1.696)'"
{or 'whatever s~m"';-s: in -'effect a( the time, building permits are"
jssu~d} for each dwelling unit to be constructed in the
Development. The number of dwelling, units to be constructed
shall be determined from the approved subdivision map of the
Deve 1 opment, as recorded in the Offi ce of the County Recorder.
The term "dwelling unit" as used in this Agreement means a place
of residence and maybe located in either a single or multiple
dwelling unit building. Such payments shall be made in accordance
with the follQwing provisions:
1.1 The total amount due hereunder shall be paid
to the District in installments equal to $1,696.00 times ,the
-3-
•
number of dwelling units (or whatever sum is in effect at the
time buil di ng permits are issued) for which buil ding permits
are issued until the total amount as specified in paragraph
1 above has been paid, or until the agreement has been cancelled
by mutual consent due to the abandonment of all of a porti on
of the Development. Such installments shall be due and payable
to the District concurrent with application by Developer for
issuance of said building permits.
1.2 Any payments not made by the Developer when due
and payable shall bear annual interest at the rate of two (2)
percentage poi nts above the prime rate charged by the Bank of
America at ~he time of d~fauTt:
2. The Owner and Developer may in the future offer to
donate a school site in lieu of' all or part of the financial
obli.gation agreed upon in paragraph 1 above, which offer the,
District shall consider but is not obligate~ to accept.
3~ To secure Owner's and Developer's obligations hereunder,
Developer shall provide to District the securities, called for
in subparagraph 3.1 or 3.2 or 3.3:
3.1 A surety bond in favor of District in a form
acceptable to District from an lnsurer acceptable to District
in the sum of $ to insure Developer's performance
of the terms of this agreement. 5/
3.2 A bank or savings and loan time certificate of
deposit in the amount of $ in a form acceptable to
District naming the District as an irrevocable asignee for the
term of this agreem~nt, and expressly providing that any interest
accruing on the time certificate of deposit shall be solely
-4-
.,
the property of depositor, and the District shall have no rights
to any such interest. 5/
3.3 Such other security as may be acceptable to the
District. 5/
4. District agrees to provide school facilities and services
which will be available to meet the needs of the future residents
of the areas to be developed as described herein. District
further agrees to provi de in wri ti ng for Developer, and upon
his request, assurances necessary to enable Developer 'to comply
with any requirements of public agencies as evidence of adequate
school facilities and services sufficient to accommodate the
needs of the developments herein described.
5. All obligations' hereunder shall terminate in the event
Lincon Seascape, A Limit:'ed -,California. Partnership withdraws
6/ from its option to purchase said property, or should City
Council fail to approve either the Zone Change, Teni ti ve
Parcel Map or project 'as designed .. ' . ' ,
and the District shall within ten (10) days after written notice
to District by Developer, deliver to Developer necessary documents
for releasing the security provided to District pursuant to
paragrap~ 3 hereof.
6. 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:
6.1 If notice is given to the District, by personal
delivery thereof to the District or by depositing the same in
the United States mail, addressed to the District at the address
-5-,
• set forth herein, enclosed in a sealed envelope addressed to the
, ,
District for attention of the Superintendent, postage prepaid
and ce rt ifi ed ;
6.2 If notice is given to' Owner, by personal delivery
thereof to Owner or by depositing the same in the United States
mail, enclosed in a sealed envelope addressed to Owner at the
address set forth herein or at such other addresses as niay have
been designated, post.age prepaid and r.e,rtified.
6.3 If notice is given to Developer, by personal
delivery thereof to Developer or by depositing the'same in the
United S~ates mail, enclosed in a sealed envelope addressed
to Developer as may have been designated, postage prepaid and
certified.
6.4 If notice is given to a surety or other person,
by personal delivery to such surety or other person or by
depositing the same in the United States mai},-enclos'ed in a
sealed envelope addressed to such surety or person at the address
at whi ch such, surety or person 1 asts communi cated to the party,
giving notice, postage prepaid and certified.
7. Thi s Agreement shall be binding upon and shall inure
to the benefit of, and shall apply t~, the respective successors
and assigns of Owner,Developer, and the District, and references
to Owner,' Developer, or the District herein shall be deemed
to be r~ferenced to and include their respective successors
and assigns without specific mention of such successors and
assigns. If Developer should cease to' have any interest 'in
the Property, all obligations of Developer hereunder shall
terminate; provid'ed, however, that any successor o( Developer'''s
-6-
interest in the Property shall have first assumed in writing
the Developer's obligations hereunder and shall have complied
with paragraph 3 hereof. At such time as 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 Property is a stranger to this
Agreement, such successor has first' assumed the obligations
of Owner in writing and shall have complied with paragraph 3
hereof.
IN WITNESS WHEREOF, this Agreement is executed in San Diego
County, California as of the date first written above.,
-7-
DEVELOPER: LINCOLN SEASCAPE, A
CALIFORNIA LIMITED PARINERSHIP
Name Greg R. Neville
BY~ ~~incOln Seascape-Agent
DISTRICT:
Carlsbad Unified School District
San Diego County, California
By~~~~~~~ __________ __
Authorized Agent
RATIFIED BY GOVERNING BOARD:
, 198 -----------------
LffiAL DEscRIPTIOl\l a
EXHIBIT IIAII .. • . '
The land referred. to herein is situated in the State of California, County of ~
San Diego, and is described as follows: #
Lots 100 and 101 of CARLSBAD TRACT NO. 73-23, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 8081, filed in the
Office of County Recorder of San Diego County, February 28, 1975.
~xcept1ng all crude, oil, petroleum, gas, brea, asphalt\lll and all kindred
substances and other minerals in and under said land, but without the right to
enter upon the surface of said land above ~ depth of 500.00 feet to explore for
or extract same, as reserved in a Deed recorded August 27, 1969 as File No.
157186 and that Deed recorded August 27, 1969 as File No. 157190, both of
Official Records.
Also excepting all oil, oil rights, mineral rights, natural gas rights and other
hydrocarbon, by whatsoever' name known, together with all geothermal steam and
steam power that may be within or under the parcel of land 'hereinafter
described, together with the perpetual right of drilling, mining, exploring and
operating therefor and storing in and removing the same from said land, or any
other land, including the right to whipstock or directionally drill and lIine
from lands othe'r than those hereinafter described, oil or gas well., tunnels and
.hafts into, through or across the subsurface of the land hereinaf~er described
and to' bottom such whipstocked or' directionally drilled wells, tunnels and
sbafts under and beneath or beyond the exterior limits thereof, and to redrill,
retunnel, equip, maintain, repair, deepen and operate such wells or mines,
without" however the right to drill, mine, store, explore and operate through or
on the surface or the upper 500 feet of the subsurface of the land herein
described. .
. ,
------
" '1
.----, J ....
," .~
.-
",
. ,
• • •
" , :/
/'
, ' A.'. HO,,: _---__
THIS MEMORANDUM 'or OPTI~N i •• ade ~ ,nte~ed~1nto 'on . .'. "
May 1£, 11984 "by and between CARt.SJAI): llWli%ORI LIMITED, a
#'
#
Ii i I
I,
."
I, Ca~1forn1a limited partner.hip (bereinaf1;e" J'et.a:'~eCl to a. '1
"Seller") and LINCOLN PROPERTY . COMPANY, N.C., INC., a
• 'lf~ . ;. r ' •
California corporation (hereinafter refer~.d to a. "Buyer"). , '.
1.:
It i. under.tood and agree4 a. follow ••
, " for and during the,period from the 4at.· o~ thi. Agree-
Iftent. to and includin9 4:'00 P.M. on May 1~,' 19,., . ,.ubject to
, ..' ': ': ." . . ~!:.; . :~" .. , '" .. ~.
one' (1) th11:'ty (30) day exten.ion which·~".~ t~i-ther I!xtend
, ' the option to an out.ide date of 4:00 P.M. on January-4,
" ' 'L
1985) ~ Seller hereby grant. to" Buyer'·.~ excluai ve and
irrevocable option to acquire certain real property located , ,. i
in the City of Carl.bad, County ot S.n: Pi_CjJo" State of
.' ' ..
·California, more particularly de.cribe4 in Exhibit "A"
·attached bereto and made a part hereoff ,,~~~,c~ to the term.
, .' . • '~ , A'
and condition. of that certain unrecord~d O,ption Agreement
~;. ;:' j
dated May 15, 1984 between the p.r~i~. b.~~to,
In the event that neither', a dee'" conaUlDlftating the
tran.action between the partie. ~ereto ~or a Mfm0randum of
Option exe~uted by all of the parti •• ' bereto; further
extendin9 the option period herein provided ba. recorded on
~I • 5 ~. ' •. , •. , '.
" .
. ~, ~:. .. :.j.'; , ~
I' . , ;~r t I, ~ •
'Ii~ "I."',, ,
~"J' ~'. '/ ... ,:,:.:, ' _. Ut-~.
;' ~ , . .
.:,. ..'
'j
• • •
:
. -.' , j ,
j'
,j
,.J
, I .-...... , , --_._------~---------'-' __ ·,~J1!l~~f~'~f,~'. :1' .. 4~~.~ ___ --:"_ "
• •
. IF ~.,.,. j4Rv,rv·., ~"I, tb.n .~1 r'fbt, of ~¥4' 'n .n4
" ~ ,~~." f' •• 4"~ ~~, o~~.. -n4 ~, p.r.on •• V cop.
,~~,~v.~V ~~"~, ~.~ '~~.r hal no turtbl~r1'ht. £_ or to
~ .~~.q' pr .. ~ ••••
Jal WI'l'MI" WKIaJQr, thi. ....or.n4wa ot Opt£on 1 •
•• ,.ut.4 ~. of tb. d.t. and Y •• ~ Ii rat above written.
Si;ned ~elle~ on: ~. ,~ Ili84
Si9ned by Buyer on: ft. ..... IS' , 1984 •
CARLSBAD INVESTORS LIMITED ~
a California limited partner.hip
~,Z! so •• _;_:;. ~
DWIGHT W. SPIERS, Truatee i
the Owiqht w.: Spier.
Trust, dated September 14,
1983,
General Partn,r
LINCOLN PROPERTY COMPANY
N.C., INC., a Ca11torn1a
corporat.ion
BY:I~
"Seller"
By: ~It-.-:------------~---------
.4 ..
"Buyer"
....... • '0'
~ !. I ', •• ~~. ~ I •• :{ ....
'.
I.
I ~ ~; ~:. '~'.' ': ••
.. __ .' J _______ • _____ -----' ----.---'-------------
.. •
. "
. -. -... ~ .. _ ... '
. .
1<
! <
.1
, . ,
.,1,
.. " ",,, • •
WI~NISS my' hana and official aeal. '
I) · OFFlci;:i:St\L <;ZialiVJ{~ ItJ.ItN i0
A JUNE BARRIER Notary fubl.~c 1 i NOTARY PUBLIC· CAU'OANIA
(SEAL)' ORAUGE COUHlY ::';
"1 coinm. uplr. NOV t. 1884
STATE OF CALIFORNIA )
COUNTY OF O('<:)..~~ ~ as.
'On the _ day of' ffi04 , ,19ai, before me,
the undersigned, A Notary Pubiic, An and for' aaid State,
personally appeared \k>',\\\()..M. \J.) , ~''''c;,,}>. ,personally
known to, me (or proved to me on the baai. of aatiafactory
evidence) to be the RersoQ who executed the within
instrument aa the ~,~~ VfQ'ia{~~ on behalf of LINCOLN
PROPERTY COMPANY N.C., INC., the corporation tb~rein named,
and acknowledqed to me that auch corporatio~. exocuted the
within inatrument pursuant to ita bylawa Q~ ,. r •• olution of
it. board of director.. ,.,' ., '
WITNESS my hand and official •• al.
K~s""~· ~~
.. ~~-----.. t..IIII Notary fubl1c:
.JR .... KATHUEN I. GORRALL
(SEAL)
" " ,
HO''ARY ~UGoCAI,.ura_'1
PRINCIPAL OffICl in
:JAANOI COUHn
.., Celnmtlliu ............. 'I My commiss1pn expires 12/7/1984'
. ' '.
..
t
~'.:
i" I
,'; "
.. ·i· ., :: ;:
• •
I "
" . i;
....
"
: ' , ,
II
.. ~
I
,II
II
j ,
II
i,
-
~I'A~ '1IGa'ttlo,
e EXHIBIT -A-m
ESCROW INSTRUCTIONS
.'.
• •
... "l" ..... &I'f' feJJ' •• " ...... , .. , ... , ,lie, .. ,· .... 101'. It'" ill .... ~'w __ tOO r.=-" ''II.'" ~ .-. 'WI. , ..... ~,.,.f ~rl''''J .... Cf I' "'t" ., " .... .-' ......... "-'I. "''''err I, ..• ,71. ')
.. '.'e ..... tI1 ., ...... " ... cr.l ........ ~r ••••• ,hale .... all kl"'r.,
.... t4DC ...... Ihlr "' •• ral. , •• Dd ."1' .. 14 la .... we withota, ,t. 1'11ht Co
,,"1' upap ahe .urfte. .f •• 1d 1... .~.. a •• ,Cb .f 500.00 "a' t. ..plor. for '
.r ueracC _ .... '.. r •• arv.d S •• Deeel recor4a' AlIa"" J7, "69 •• '11a 110.
1571.6 ... Cbat De .. I'aeol"" .... uac 27. '16' •• ru .... "71.'0, ~cb .,
Olfici.l .... 1' •••
Al.o ac.ptl., all .11 •• U 1'11h", lI10erd I'Jabce, .acural , •• rl,ht ..... OLMf
laydroc.rbo.. '" vbataoa •• 1' ... qO_, to,lCMI' ViC" all .a.c"-raN .Ca.. ..
at.. pover that NY .. wi chi. '1' _dal' claa ,.rcal .f laM .. ra1.afear
.a.crlbacl,. to,athar !1~h eM ,.r,.~"al I'tahC .f '1' .. 111 .... 1 ....... 1 .xplorl. au
.paraUII& tbet4l!for and atorl11& 18 aad' 'I'MovlD1 thl .... froe· .. 4 laDd. 01' allJ
othar lalul. lacludlD1 tha I'llht to whipatock or 'iracCioaall, .'r111 a.d alDe
II'Ge landa othar thaa tbo •• ber.l •• fear d.acl'l~", oil 01' ,a. _11 •• tUDQe18 aDd
ahalt. iDto, throulh or acl'o" tba .ubaurl.c. of tbe 1 ... "raiDafc.r 'a.cl'lbed
aDd to H'tO. auch tlhipetocka. or .a1rectioDall, .rll1a' -l-J,... CUDDel •••
ahafea ~.r .Dd·'aDeath 01' .. ,oDd 'ha ezeal'Sol' liaSt. '''',eof •• ad Co 1'.41'111,
retuoul, e,,,l,. _lDtal.. I".pall' , ••• ,. ..... opel'a'. , .. It .. U. 01' alD.',
witbout Iaove •• r tlal I'l,hc Co '1'111, .sa" • Cor'. , .,101" .... ,. ... ,. thro.,.h or
Oil tbe aurfac. or che .. ,,.1' SOO , .. C .f CM .... _f.e. ., C... IaIWI "r.i • .. lCd...... . .. p., "
1W.ca
.'
EXHIBIT "A-
m
MEMORANDUM OF OPTION
. , '. ';' i
, t tA •
•
.' ' ..
'.','
.~ . '. .! .
-.I
'.I,'( .". : 1" ..... ··t:,\:: ....• . ~ 1.'.,
•
.,'
• •
' ...
.i
I
: I
, I
•• 1
!i i
: , ,
•
.. ... ! ,
1· ,
\' ..
II
.'
.'
POOR
QUALITY
ORIGINAL (5)
, "
, \
~ _ c •• __ ~ ___ ..... _. --~--------~" ----' -
i
CITv0 CARLSBAD -?~~; I
"'" ."" I --< ,",,-' I ' I ~
1200 ELM AVENUE • CARLSBAD, CALlF0RNIA 92008 f
438-5551 I >
RECEIVED FROM L \... V,C D~ V\ DATE ftJ f I 5"1~<+
'V f D OS<.-,,~U (' C'J,
I \
ADDRESS
A/c. NO. il \ DESC~TION AMOUNT
. Dl-2E'O\ ?Tl\\P_.('.D.o.-'v~O f( C,5S -u-A 6 --
iOl nrl~,", \ f7S; 'T"n~ L ,.-.
Y b \/\ n"( \'\G ce, tv\.\--\t %1 1 )\\
.. ,
. ~ ek AA. , \1\ 53)0 ...---
~ 1819.?n-:::--,
~~')' <t~~, ,'X> <"~J~ :t;<' . ~"}J ~ .,-.
I.~:? VV' @', ~J~ .-'-",
'" ~~ r.:';'<;: .,~ . -1 "'~~ '>,..of;;:\ ~{":~-"~-, •
. .-~ .. .:. ,J:~ _ -, , ',,--, . " -, , .--.~~ < --. -..
'""' ' ~'t,~:~tfj:~~~>~-'H ' , ,JI,/ , (.:l ,,,; ., ....... .,./ ~~/I
I ~~ ....
c~;·' rr ...... y ,
'7. ·V ":r. • ....... 0 .
401 83 ~~ -TOTA1L ') l{cO ,-
.. '. -. '''' ,.-., -, .'.
CASE 00.: Pr;.D -"
APPLICANT: ~
l l .., RECUFST:;<GJ~.~<. &?:-'I?~ cX~~,~, . . , . ~'~~.fU.e~~Yr8~?~~~~a...u.o~~.
:rnvIIQM!NTAL
EXEMPT OR EXCEJ?TED: _____________ _
Posted: ------------Prior Cmlpliance: ____ ---Published: ---
Filed: ______ _ Filed:
NE~TIVE DEcrARATICN: _____________ _
Posted: ______ _ Published: ________ _ Notice of Detennination: ---
ENVI~ IMPACT REPORT: ____ ~:_:__-· ..,,;\..,:..' _
Notice of Notice of Notice of
Detennina.tion: Preparation:___________ canpletion:~----
PIANNING aMvnSSICN
1. Date of Hearing: ___ q.J--l.~ C)4.:(u.:;o_""'.:::.,gl.{:r..-__ _
2. Publication: ____ ---I.Q_-.£..:I 5 ..... -_:...~g-J"y ___ _
3. Notice to Property OWners: q-JL/-~£/
4. Resolution No •. d1B5(o . '*' Q35'1 Date: 9-r;uo -~q
(Continued to:_· _._ .. _ .. _. _._. _ .. _. _. ___ _
5. AR:eal:_' _. _--L..I.I()L.:-~}~.-·....!.gu.4_· _. _____ _
CITY OlJNCIL
1. Date .of Hearing: ~ C) be;' ';;Chedu Je d
2. Notices to City Clerk: ...... , ..... .
3. Agenda Bill:_' _._._. _______ .. _ .. _._ .. _. __
4. Resolution No ~ --------------------~te: ,I.I/~o/y·t
5. Ordinance No~ __ · ._. '_' _ .. _. _ .. _. _. _. '_' _ .. ___ _ Date: ' , ._-------
CORRESPCNDENCE
Staff Report to Applicant:_· _' ._._. _ .. ___ .. _. _. _ .. _. _. _
Resolution to AWlicant: .... , ,. ----------------
----
/
ACTICN: ~ jed