HomeMy WebLinkAboutPCD 68; NORTH COUNTY LINCOLN MERCURY; Planning Commission Determination (PCD)"
• . ~.:-t.AND USE LANNING A LICATlaN~"
, ~ ,
REQUEST
OZone Chall!Je
C General Plan AmeOOment
[J Tentative Tract Map
CMajor Planned Development
[J Master Plan
CMajor Redevelo];!nent Permit o Minor Redevelo];!nent Permit o Precise Develo];!nent Plan
(check other boxes if appropriate)
aSpecific Plan o Si te Develo];!nent Plan
LJOonditional Use Permit o Variance
.• Plannill!J Carmission Determination
[]Special Use Permit
ClStructure Relocation
Enclosure
of existi "Write-Booth" with new windows. Construction of new
buildi 'C' (office and service area). Construction of new +6 foot
block wall surroundi 'C' service area. Con-
struction of new lanter at buildi 'C' and new pavement at. build-
C-2
Zone
Parcel 2 of parcel map No. 5426.
D.N.A.
Owner
Rio North
Center West
(extensive/regional/retail
3.0 acres
Name
ALL '!HE AOOVE INFORMATICN IS TRUE AND '!HAT ALL '!HE AOOVE INFORMATICN IS 'lKJE
CDRRECT '10 '!HE BEST OF MY ~E. AND <DRROC'l' '10 '!HE BEST OF MY I<N<MEDGE.
SIGNATURE DM'E
\ ,..
CITY. CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438·5551
RECEIVED FROM ~,. Cc '-"} ,(,\ L\ to /2.l DATE EA-::oJ h--\. \ \.C \::.\ \f\
I c fY\-e_\C~ : ADDRESS f'L\
( A/C. NO. DESCRIPTION .J AMOUNT
A :0\-BB5;z ~ I f15 -
"
"
" "
,-,
i
"
<
"
0
;:
:'~ , ,
,
<.D \-PY·c\ P d-b 33D -"
..
J , -
"
" i 467897::;~
/'" !.-71"
-;;~v d!-",f)'J 'j ~ ~, ,~~,:> 1~~ (\ -: tf\ '.-.:;
1,0? '~~c;f::::,~,:: : \ -
" ,-, , ' -) ,; I· " , .~:>-" -1J,.\\:';",,'!i"~" ., -. .. -', ~ " ~: . l'~ •. ",~ " .'-~ .. .. ~~~\ \~\,. ,0 (.. ~ ; \ t:?~ 'V
<-~A ii~ -~ \~-, ~'l" "i::-
~ ",(>0'11 C'o. 0') "C'bC£--~'·~ ..
• 1'_ (., " --~
403'46 TOTAL 50~ , -
-.-. ,--
•
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
. state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
'.
If Q,ftar the information.' u have submitted has been rev_ed, it is determined
,.t'.hat further information required, you wi~~ be so ad~_ ..,..
'APPLICANT :
AGENT:
MEl-lBEBS:
ROBERT E. TOWNSEND
Nama (individua~, partnership, joint venture, corporation. syndication)
~88 Camtno ael Rio North San piego, CA 92108
Business Address
(6191 291 3030
Telephone Number
JAMES R. HARRIS ARCHITECTS
Name
2727 West Newport Blvd., Ste. 211 Newport Beach, CA 92663
Business A4dres~
(1'14) '075":'-4502
Telephone Number
Name '(individual, partner, joint" '
venture, corporation,. syncUcation)
Business Address
Telephone Number
3~siness Address
Telephone Ncml::Ier
Home Address
Telephone Number
Home Address
Telep~ne ~iwnber
(Attach more sheets if necessary)
.. "
lITtle ~ec:la.::'e under penalty 'of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be"
relied upon as being true and correct until amended.
Oq, ,;;;;:t'
Applicant
,8-+ TleOR TITLE I.URANeE
TICOR TITLE INSURANCE COMPANY
220 "A" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 619-239-6081
ROBERT E. TOWSEND
588 CAMINO DEL RIO
SAN DIEGO, CA. 92108
OUR ORDER NO. 1123913
PRELIMINARY REPORT
JUNE 14, 1984
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND 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
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS
AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. 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 THERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF JUNE 4, 1984
TITLE OFFICER: RICHARD BREMLER
SIGNED: _~~~~ _____ _
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -1979 ( ) ALTA LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10-17-70)
CLTA STANDARD COVERAGE POLICY -1973
ALTA OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
1123913 PAGE 1
.,). TICOR TITLE I.URANCE
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:
ROBERT E. TOWNSEND AND MARILYN J. TOWNSEND,
HUSBAND AND .WIFE AS COMMUNITY PROPERTY
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND.SPECIAL
ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR: 1984-85
A LIEN NOT YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE
OF CALIFORNIA
2. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NO. 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 7492 AS . GENERAL UTILITY, SIDEWALK AND LANDSCAPE
AFFECTS WESTERLY 10 FEET
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF CITY OF CARLSBAD
FOR LANDSCAPING, UTILITIES AND A PUBLIC SIDEWALK
RECORDED NOVEMBER 30, 1972, DOCUMENT NO. 320456
AFFECTS WESTERLY 10 FEET
4. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF
RESTRICTIONS
EXECUTED BY: FEIST, VETTER, KNAUF AND LOY, A PARTNERSHIP, TRUSTEE
RECORDED JANUARY 24, 1973, RECORDER'S FILE NO. 73-021574
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
1123913 PAGE 2
~tJ.~ TICOR TITLE I_URANCE
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
RECORDED NOVEMBER 14, 1974, RECORDER'S FILE NO. 74-302069
5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
FOR
RECORDED
AFFECTS
CORPORATION UNDERGROUND COMMUNICATION STRUCTURES MARCH 22, 1973, RECORDER'S FILE NO. 73-074588
WESTERLY 10 FEET
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES .
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR UNDERGROUND CONDUITS, VAULTS, MANHOLES AND JUNCTION BOXES
WITH WIRES AND CABLES PLACED THEREIN, AND NECESSARY ABOVE
GROUND STRUCTURES, TOGETHER WITH THEIR NECESSARY FIXTURES
AND APPURTENANCES, FOR THE TRANSMISSION AND DISTRIBUTION
OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED
THEREWITH, AND ALSO FOR PIPELINE(S) FOR THE TRANSMISSION
AND DISTRIBUTION OF GAS, TOGETHER WITH ALL NECESSARY AND
PROPER FIXTURES AND EQUIPMENT FOR USE IN CONNECTION
THEREWITH
RECORDED MAY 2, 1979 RECORDER'S FILE NO. 79-181021
AFFECTS AFOREDESCRIBED LANDS SHALL BE 6 FEET OR MORE IN WIDTH,
BEING 3 FEET MEASURED
7. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN DATED .AUGUST 28, 1979 AMOUNT $940,281.00 TRUSTOR ROBERT E. TOWNSEND AND MARILYN JANE TOWNSEND,
TRUSTEE
BENEFICIARY
RECORDED
TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
IMPROVEMENTS
HIS WIFE TITLE INSURANCE AND TRUST COMPANY FORD MOTOR CREDIT COMPANY, A DELAWARE CORPORATION
AUGUST 30, 1979, RECORDER'S FILE NO. 79-364164
1983-84
FIRST INSTALLMENT :
9000
211-060-17
$525,402.00
$420,321 .00
$5,520.51 PAID
$5,520.51 PAID SECOND INSTALLMENT:
1123913 PAGE 3
TleOR TITLE IlII&uRANeE •
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 5426, CITY OF CARLSBAD, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF LOT 6 OF
CARLSBAD TRACT NO. 72-3, MAP NO. 7492, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
"NOTE: WE ARE ENCLOSING HEREWITH OUR BILL FOR CHARGES
INCURRED IN THE ISSUANCE OF THIS TITLE REPORT IN THE AMOUNT OF $375.00
SHOULD YOU REQUIRE A SUBSEQUENT POLICY AND WHERE NO MAJOR CHANGE
IN THE TITLE REPORT HAS OCCURRED SINCE THE ISSUANCE OF THIS REPORT,
THE ORDER MAY BE RE-OPENED AND THE CHARGE FOR THIS REPORT EXCLUDING
ANY EXTRA WORK CHARGES MAY, BE CREDITED ON A SUBSEQUENT POLICY
CHARGE WITHIN THE FOLLOWING TIME PERIODS FROM THE DATE OF THE
REPORT AS FOLLOWS:
WITHIN 24 MONTHS --100 PERCENT OF THE CHARGE MAY BE CREDITED
TO THE FINAL POLICY CHARGE.
OVER 24 BUT LESS THAN 36 MONTHS --50 PERCENT OF THE REPORT CHARGE
MAY BE CREDITED TO THE FINAL POLICY REPORT."
1123913 PAGE 4
· POOR
QUALITY
ORIGINAL (S)
iJ
.1
/
• ........ ~....,.,.~.
A-I057120 r -Mr. u4 Mr.. Robert K. 'fQwDa " _ 5 II caa1DO IJel Rio North
-San Diego, CA. 92101
..J
--S.-•• &.bo"" --
fUJPME w; 7'9-364.1£3 --........ 11I.E_a __
AUG30 tGOM'1I
~--aum,"'. ....
-----------------'----S .. ACE A.aVIl THIS LINE "0« "ECORDC"" USIl----
Individual Grant Deed 90001 211-060-17
A ".N .. __
I 11t(" Ulltir"f'4.lfloeti t'ra.ntorlJ) declarel.):
l'
ir
Oo.·ulIlrntary tronof.r lax i. s.:!OItZ.....QOI;. __ ~ .G':'WN FOIt VESTDfG ONLY ~.
I (Unlpl1ted on full valu .. of property conveyed. or
t com pUled on full value leoo ","" ,,{ lieni and .ncumbr_ remaini~ II time of ....
t l; nincorporlle<! area: I )G Cily of . CArl.bad , aDd
FOil A V "U' .. SlE CO!llSIOERATJON receipt of whida io Oer.by ackno,,\edsed.
ROBERT 1:. 'l'OWtfSBNO, • aarried 11&1),
hrrrb) GRANT! S 1 10 ROUJtT J:. 'l'OIIHSDD DC! MlttLD J. 'l'OMISDD,
hu.band and wife .. ~i~ proper~,
,h. f""o,,'n~ ,b<nN-O r.ol properly in Iii< City of Carl.bad,
\'o"nl,· uf 5 ... ..11 Diego . SIal. of Calilonoia'
Parcel 2 of Parcel Map No. 5426, accorcUnq to Map thereof
filed in the Office of the County Recorder of San 018(10
County, beinq a diviaion of Lot 6 of carl.b~ ~act No.
72-3, Hap Mo. 7.92, in the City of Carlabad, in the Coqnty
of San Di890, £ute of california.
D.I..I _Au~9UI....,.,~t"-'2 ... 3'-'.'_"'1 ... '...L7.L' ____ _
STATE OF CALI10aNJA
COU!fTY OF SID Diego }s-~
0. .AQ8uat. 29. J 971 .... _. tIw -,«.
oi.-L a !IIooaty ,."..... Ito .......... _. --'" ~
J.obGt I. Tgvnaen4
~.
tax-firm name
City of Carlsbad
Parcel No. See Exhibit A Attached
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ~day of ~M~a~y~ _____ , 19~
by and between ROBERT E. TOWNSEND, Owner, and MARILYN J . .-.rrnNSENI!. owner
(name of developer-owner)
a , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 588 Camino del Rio North
(street)
Mission Valle Center West/San Die 0, CA 92108 and TJ{E CITY OF
City~ state, zip code
CARLSBAD, a municipal corporation of the State of Caiifornia,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WIT ~ E SSE T H:
WHEREAS, Developer i. the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies ~ithin the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
'.
'. , ."
r-.. ori~said Property, whic~development carries -the proposed name of
North County Linc?ln ~~~cury
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of May ----------------------------30
19~, with the City a request for Additions and ~lterations to
existing dealership.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all pubiic facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); add
WHEREAS, Developer and City recognize the correctness of Council
. .
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and serv~ces are at capacity and will not be available to accommodate
the additional need for public facilities and serv~ces resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
. REV 4-2-82
I. '
-• t-'-
, .
NOW, THEREFORE, ~consideration of the reci4lls and the
covenants contained he~ein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. -The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion 0 f existing building or structures
into condominiums in an amount not-to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit"-and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements -unless no other
permit is necessary prior to the use or occupancy f~r which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of-$1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or impro~ements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
. -,-
, .
' .
2. The Developer may offer to donate a site or sites for public
facilities in li~u of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Deyeloper offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept th~ offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
plan. If the fee is not pai~ as provided herein, the City will not
have the funds to provide public facilities and ~ervices, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be-issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a publi~ 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 paym.nt of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public -facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
-,
," 1 '
,~ "<) 6. All Obligation9thereunder shall terminatetpn the event the
J ~ r.
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If n''Otice 1.S given to the City of personal delivery
thereof to the City or by depositing same 1.n the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice 1.S given to Developer by personal delivery·
thereof to Developer or by depositing the same 1n the United States
Mail, enclosed 1.n a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall <inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be ref~rence to an~ include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
'." f ,i 4
}
I
1
IN WITNESS WHEREOF, this agreement 1S executed in San Diego
Call'fornia a. of the date first written above. county,
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
J. Townsend
BY~~~~~ ______ ~~ ______________ ) __________ _ BY __ ~~ __ ~ ________________ ___
City Manager
}
State of California
Cotmty of San Diego
On this _1_' _ day of :JUNe , 1984, before me l'·1arilyn J. Tolt.Jnsend personally
appeared, personally known to Ire to be the person who executed this instrument.
SUBSCRIBED AND Si'lORN 'ill BEFDRE
ME 'IBIS -.l.L_ DAY OF ~utl t: I 1984
State of california
Cotmty of San Diego
OFFICIAL SEAL
VIRGINIA BLACK
NOTARY PUBuC • CALIFORNIA
PRINCIPAt OFfiCE IN
SAN DIEGO COUNTY
My Commission Expires November 8 1985 :. ~"' •• "''''.'' .. ~ ..................... '-''y''-.......... ".j
._-_._-------------------
On this II day of ~, 1984, before me Robert E. Tcmnsend personally
appeared, personally kncwnctorreto be the person who executed this instrument.
SUBSCRIBED AND SWJRN TO BEroRE
ME THIS II DAY OF , 1984
OfFICIAL SEAL @ VIAGINtA BLACK
II> : ,NOTARY, PUBLIC • CALIFORNIA
{Se~IPAl OFFICE IN ~ SAN DIEGO COUNTY
My Commission Expires November 8, 1985
.. • 1 t ,..
, .
EXHIBIT "A"
LEGAL DESCRIPTION
Beginning at the north east corner of parcel 2 of Parcel
Map No. 5426, thence south 22 29 1 22" east 239.24 feet;
thence south 67 30 1 38" west 586.34 feet to a point on a
957.00 feet radius curve concave easterly, said point
having a radial bearing north 82 36 1 14" east; thence
northly along said curve 130.14 feet through a central
angle of 7 471 30"; thence tangent to said curve north o 23 1 44" east 126.21 feet; thence south 67 30 1 38" east
494.94 feet to the true point of beginning.
,-:
DA'IE REX:!EIVED: ___ b_1 :2._1 "'--fr---<...1: ___ _
EXEM?T OR EXCEP'lEIJ: ----------------------
Posted: _______ _ Prior canpliance: -----------Published: ----
Filed: _______ _ Filed:
NEGATIVE DlOCIARATICN: --------------------
Posted: Published: Notice of DeteJ:mination: ------------------
ENVI~ IMPACT REPORT: \ Notice of ----~No::-ti":""l"""' ce-o-:f=--
Preparation: canpletion: _____ _
PIANNING CXMv1ISSICN
1. Date of Hearing: __ ..!-I...:.,./-l-0?.a...;:::R_-.;:;,.84....;..... ___ _
2. Publication: 111ft ----~~i~---------
3. Notice to Property CMners :_--LtI~/~e-;/...-----
4. Resolution No. ______________ _ Date: 1/-<98-SCI
(~ntin~to: ___________________ _
5. ~l: _____________ _
CI~ CCONCIL
1. Date of Hearing: __ ----lAl~il..,!;.,q.L-,-----
2. Notices to City Clerk: ____________ _
~l. Agema Bill: ' , ------------------
Notice of
Detennination:
----
----
4: ,. Resolution No ~ , --------------------Date: ' ------PCrICN: ____ _
5. Ordinance No ~ -----------------Date: ' , --------\
(l)lt~EN:E
Staff Report to Applicant: _______ '_'_' _' '_'_' _' __
Resolution to AWlicant: __________ _