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Home My WebLink AboutPCD 72; SEASIDE ACACIA APTS - BALLATORE CONSTRUCTION; Planning Commission Determination (PCD).1 ... "'AND. USE PLA,NN-INGI -A -----ICATI:ON, "REQUEST -·0 Zone ChlmJe i:J.Gen~:t:al Plan AmenC!ment o Tentative Traqt Map o Major Planned Unit ~velo~nt DMaster Plan - CJ Major RedevelQpment Permit o Minor :RedeveloJ.:ment permi~- [JPrecise Develo~nt Plan . (check other.boxes 'if appropriate) " , , < , " " " . ., ClSpecific Plan [JSite Development Plan DCondi tional Use Permit DVariance adPlanning Commission Determination' OS~ial Use permit oStructure Relocation [)Major Condominium Fermi 1:, '" "),~\"" . ~' " , ;' ';" .f':,' ~ : ..... ,: ~ECI.FI·C REQUIREMENTS General Plan Amendment Zone Chan e App cat OR Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 .Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: -fifteen (15) copies of items B-D -items E-O 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Amendment: Major $440.00 Specific Plan Minor $ 75.00 Tentative Tract Map 1 • Application Form 2. General Requirement Items fifteen (15) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $.765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. ApplIcation Form 2.' General Requirement Items: ~ fifteen (15) copies of items B-D items E-O 3. Conversion to Condominiums -list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map4 . , • Residential Condominiums $530.00 (5U units· or less) $1,090.00 (5'0 units or more) • $365.00 (Amendment; for 50' units or less) $·655.00 (Amendment for 50· uni ts or more) $ 5. 00 Unit (Notifica'tion of Tenants for Condominium Conversion) Residential Planned Unit. Development ,530.00 (50 units or less) $875.00' (S1units or more) $275.00 (Amendment for 50 units oJ." less) '$ 545. 00 (Amendment for 50 units or more) Non ReSidential Condominium o·r I>.la.nned Unit De~elopItten't $420.00 (50 or less units) $1,090.00 (50.or more units) $220.00 (Amendment for 50. or l.ess units) $,400.00 ( Amendment for 50_ or more units) Site Dev.lopm.nt Plan 1 .' Appl ication FO.rm 2. General Requirement ItePls fifitee~(15) copies of items B-D items E-I, M-O 3. Fee: $365.00 Condit~onal U~ePerm~t/Special Use Per;mit/PrE;!cise Development, Plan 1. Application Form 2 • Gener,al Requir·emen,t Items: fifteen (15) copies of items B-D 'item~ E-O (items L,M'& Nnot req~ited for Special USe Permit) . 3. Fee:' $420.00 Conditional Use Permit/Special Use P'ermit $440.00 Precise Development Plan 4.. Additional inform~tion may be required by the Engineering Department for Special Use Permits Variance 1..' Application Form 2;. General Requirement~tems: fifteen (15) copies of item Band D (if applicable) . . iiems E, F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family -$150.00 Other ~420~00 lannin Determination pp orm One page statement precisely indicating the determination request .. ·3. General Requirement Items: fifteen (15) copies of items B-D (if applicable) items F-I, oM, 0 ·4. General Requirement Items for Density Determination: fifteen (15) copies items B-D items E-I, M-O ·5. Fee: $330.00 Major and Minor Redevelopmen~ Permits 1. Application Form 2. General Requirement Items: Ma~or: f1 teen (15) copies of Item B-D items E-M and material samples (if applicable) Minor: fifteen (15) copies of items B-D (if applicable) items E-F, H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary) • Structure Relocation 1. ApplIcation Form 2. General Requirement Items fifteen (15) copies of Band D items E, F, H, I, M inspection notice from the Building Department 3. Fee: $120.00 NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative rna reliminar lan (24-x 36·) Eac tentat ve map pre mlnary gra ng plan shall contain the following information: (1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider, (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared t~e maps, (3) North point, (4) Scale, vicinity map, · It" (5) Date of preparation~ (6) The location, width and prepo$ed names of all streetswithi:n. the bou·ndaries of the proposed subdivision and approxima..te grades thereof; (7) Location and' width of all~ys~ (8 ) Name , location and width of· adj.acent streets; (9) Lot lines' and, approximate dimensions and numbers of each lot; (10) Approximate location and width of watercourses or areas sUbject to inundation from floods, and location of s:tructures, irrigation ditches and other permanen.t physical features~ (11) Approximate contours at 1'intervals for slope$ less than~%, 2~ intervals. for slopes between 5% and ' 10'% ,and 5' intervals for slqpes over 10% • (both existing and proposed) . ( 12) Approximate location of existi'ngbuild.ings and permanent structures and proposed cond~minium buildings~ (13) Location of all major ve'getation,showing size and type~ ( 14) Legal des.cription of the exte·rior boundariE!s of the subdivision (.app·roximate bea.ring.s, distances and curve data'); (15) Width and location. of ail existing or proposed public or private E!asements; (16) Classification of lots as to intended residential, commercial, industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; ( 19) Proposed name an'd city tra.c.t number of the 'subdivision~ . ( 20 ) Any proposed ph'as i ng by llni ts ~ ( 21 ) Number of uni tste pe constru.cted when a qO'ndominium or community apartment project is involved. (22): Method of drain.ing each lot; (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and st'ormdrainage improvements along ·the subdivision frontage, in.clud1ng street light-s and fire hydrants on bOth sides of the street 'within 3·00 feet of the subdivision. (25) Typical street section for all adjacent streets and streets within the project. • B. Site plan: Shall includ~ the following information: Name and add·ress of applicant,. engineer and/or architect, etc. ' All easemen,ts Dimensioned locations of: a·ccess,. both pedestrian and vehicular, showing service areas and -points of ingress -and egress off-street parking and loading' areaS showing IQcation, 'number and typical dimensi.onn of spaces, and wheel 'stops. ''', ... ---~. ----------------~ ..... --1I • distances between buildings and/or structures building setbacks (front, rear and sides) location; height, and materials of walls and fences location of freestanding signs all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typical street section any existing median islands within 100 feet of subject site. nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings within 100 feet of subject properties. a vicinity map showing major cross streets a summary table indicating the following information: site acreage 0-existing zone and land use / • -proposed land use ~ 0-total building coverage ~ 0-building sq. footage r 0-percent landscaping .. -number of parking spaces r 0-sq. footage of open/recreational space (if applicable) • -cubic footage of storage space .- (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR ~ TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. ~ C. Preliminary Landscape Plan (24" x 36") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. • 5. Percent of site used for landscaping . • D. Building Elevations and Floor Plans. (24"x36") ~ floor plans with square footages included location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL EXHIBITS MUST BE FOLDED IN A'SIZE NOT TO EXCEED 8 1/2" x 11". I .,' ~ • :$ ~ • F. ... I. J. K. L. • M. • N. • O. P. • .- One, (1 ) copy eact) of 8 1/2"x 11" site plan and elev~tions.' One (1) copy of 8 1/2")C'11" location map (suggested. scale 200" ..,. vicinity maps on the site plap are not acceptable) EnvironmentaJ Impaqt.Asses'smen·t Form ($175) Publl,c Fac.il.ityAgreement: 2 copies: One (1) notorized or ig,inal , One (1) reproduced copy. Disclosure'statement ~ro ert . Owners' List and Addr:e$sed Starn ed Envelo e.s Not l'leee or SlteDeve dpment Pan, Specla Use permit, Planning Commission Determination and.Minor Condominium Permit') 1) a typewritten list of the names and addresses of al.l property owners_ and occupants wi thin a 300 foot radius . of subje.ct property ( including the applicant and/or oW.ner). The list sh.1l include theSan-Dlego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal ,size (# 10), addressed stamped envelopes' (four sets for condominium conversions)· of the property owners and occupants within a 300-foot-radius of subject ptoperty. For anY·address other than single family residence, ~partment or suite number must be inqluded. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS B.LANK. J3) For Condominium Conversions, two ,separate sets of addressed, stamped,!' envelopes of all. existing tenant$ is required.' 300 Foot Rad:ius Map, (Not needed for-,Site Development Plan, Planning Commission Determina'tion _and Special Use Permit). A map to scale not less than 1,j =' 200' showing each· lot within 300 feet of the exterior bound'aries of the subj.e.ct property. Each of these . lots shall ,be 'cons~cu·tively numbered and correspond witn the- property ow,n,e·r' ~ list. The sca,l.e of the map may be reduced to a scal,e acceptable to the Land USe Planning Manager if tpe required"sq~le is impracti.cal. For res,ide:n·t;:ial pJ;.ojects within Vista; E,nci,nitas o;t'$.an Dieg'uito School Districts" the applicant shali indicate whether-he 'prefe·rsto dedicate land for, school facilities, to pay a fee, in, Ii-eu there'of, or do a combination 6f these. If the app]"ican,t ,prefers to dedicate I,and, he shall suggest the specific land. , For resident_ial Projects within the Carlsbad Unified School: Dis,tric.t and the San Marco Unified school District" the ~pplicant shall submit writteri confirmation that school fac,ilitieswill be available and serve the project at time of need. " . Preliminary Title Report (current w.ithin the last six months) Proof of sewer availability if located in the Leucadia County Water District. Colored Site Plan and Elevation Plan * Statemento-e . a9reeme:nt to walve tentative t,ract map time -limits. *NOTE: It is the Applicant's responsibility to bring one copy of a colored site ,plan and one copy of a colored' elevation t·o the' Land·· US,e . Planning, Office by Noon the day of the PlanningCorilmi'ss;ion rrtee.ting. . \ , --------------~------ • • 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 benef icial, 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 ventur.e, 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. -:J-< ~f after the info.rmation you 'nave' sul:xnitted has been reviewed" it is 4etermine<t ;,t.hat further inf~rmatio. required" you will be so ,a'ed_ APPLICANT: AGENT: Name (individuai, partnership"jo~nt venture, corporation, syndici;J.tion) 12.. i?~ Busine'ss Address Name' 'Telephone Number' ~tame '(inqividua;J.; partner, joint ~ venture, corporation" 's~ndicati.on) Business ~dress ~elephone N~~r 3usiness ~ddress Home Addr:ess: Telephone Number Home Address ' . . . ~ - (~ttachmore sheets if ,pecessary) ~~'t q~cCo4- I/v-le ~ecl,a: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 pet relied upon ~s being true and correct ~ntil amended. BY ~ __ ~ ______ ~ ____ ~ __ ~ __ ..... ~ .. _,~!~, ..... ____ ~ __ Agent, o-~:ner, Par~n~r • STATEMENT OF AGREEMENT TENTA~IVE SUBDIVISION MAP CITY OF CARLSBAD • The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative. Maps and a thirty (30) day time limit for City . Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose·not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete :to proper~y review all of the applications. Signature Name (Print) FORM: PLANNING 37, RSVISED 3/80 Date Relationship to Application (Property Owner-Agent) \~ -( IJ TICOR TITLE WSURANCE • , f TICOR TITLE INSURANCE COMPANY 220 "A" STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619-2~9-6081 PRELIMINARY REPORT JUNE 19,1984 TICOR TITLE INSURANCE COMPANY ATTN: KATHY EISENHOUR UNIT A YOUR REFERENCE: ACACIA 8 PARTNERSHIP/BALLATORE CONSTRUCTION OUR ORDER NO.: 1124394 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR APOb·IC¥-=-·OF: T-I-lLE----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.' . . THI$ REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) . IS I$SUED 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 11, 1984 :::~:D~F:~~~_:~:~:: _______ _ THE '( ) ( ) ff~ - FORM OF POLICY 'OF TITLE INSURANCE CONTEMPLATED BY THI.S REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY -1979 . ALTA LOAN Po-LICY -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)· ----_. 1124394 PAGE 1 / fiJ TICOR TITLE Itt5URANCe • 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: NGA THUY TRINH, AN UNMARRIED WOMAN_AS TO AN UNDIVIDEQ PN~-FIFTH . INTEREST AND ACACIA 8 PARTNERSHIP, A GENERAt:---P-ARTNE-RSHIP--A'S' TO--AN···-- UNDIVIDED FOUR FIFTHS INTEREST· 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. THE FOLLOWING RECITAL AS CONTAINED IN DE.ED FROM SOUTH COAST LAND . COMPANY , TO THOMAS F. OFFUTT AND JANET P. OFFUTT, DATED APRIL 17, 1926 AND RECORDED IN BOOK 1190, PAGE 445 OF DEEDS: . "SUBJECT TO AN EASEMENT GRANTED TO THE SAN DIEGO CONSOLIDATED GAS & ELECTRIC COMPANY, JUNE 22, 1923." - 3. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED OCTOBER 19, 1978 $180,000.00 NGA THUY TRINH, AN UNMARRIED WOMAN AS TO AN UNDIVIDED ONE-FIFTH INTEREST AND ACACIA 8 PARTNERSHIP, A GENERAL PARTNERSHIP AS TO AN UNDIVIDED FOUR-FIFTHS INTEREST LJF CORPORATION, A CALIFORNIA CORPORATION LA JOLLA FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION OCTOBER 31, 1978, RECORDER'S FILE NO. 78-471495 4. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE· 1124394 PAGE 2 ./ IJ TICOR TITle I¥SURANce AMOUNT STATED HEREIN DATED JUNE 10, 1980 AMOUNT $25,000.00 TRUSTOR ACACIA 8 PARTNERSHIP, A GENERAL PARTNERSHIP AND NGA THUY TRINH,' AN UNMARRIED WOMAN, AS THEIR INTEREST APPEAR OF RECORD' TRUSTEE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY LEO L. MATTIS AND SHIRLEY J. MArTIS, HUSBAND AND WIFE AS JOINT TENANTS RECORDED JUNE 12, 1980, RECORDER'S FILE NO. aO~187994 5. THE FOLLOWING MATTERS SHOULD BE CONSIDERED IF AND WHEN THE INTENDED PURCHASER ACQUIRES TITLE. . MATTERS RELATING TO THE CORPORATE STANDING OF: BALLATORE CONSTRUCTION INC. REPORT TO FOLLOW. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT : SECOND INSTALLMENT: 1124394 1983-84 9000 204-240-04 $166,131.00 $112,540.00 $1,567.49 PAID $1,567.49 PAID. PAGE 3 ./ fI TICOR TITLE IW;URANCE .. THE LAND REFERRED TO HEREIN IS SITUATED IN THE· STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 8 IN BLOCK "Q" OF PALISADES NO.2, IN THE CITY OF ·CARLSBAD, . IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDLNG TO MAP THEReOF NO. 1803 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. 1124394 PAGE 4 i 1 PnLISRD£S M /"'?FlP /VO. /80.3 a 2! \ \ \ \. \ \ ,e \ \ \ \ .~ \ ~~, \ , ~" \ ;'\ \ \ \ \ \ \ \ \ \ \ \ g TICOR TITLE I*URANCE' • . , , ' Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POllCY-1979 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses result- ing from: 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations con- cerning: Il! land use r.; improvements on the land " land division .. environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless a no- tice of taking appears in the public records on the Policy Date. 3 Title Risks: ~ that are created, allowed or agreed to by you I) that are knOwn to you, but not to us, on the Policy Date- unless they appeared in the public records t.. that result in no loss to YOL!" !> that first affect Y9ur title after the Policy Date-this does not limit the labor and materiai lien coverage in .Item 8 of Covered Title Risks 4 Failure to pay value Tor your title. 5 Lack of a right: f:! to any land outside the area specifically described and referred to in Item 3 of Schedule A, or :.t in streets, alleys or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. . SCHEDULE B -STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (8) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risk~. (C) An·y facts about the land which a correct survey would disclose and which are not shown by the pubiic records. This does not limit the forced removal coverage in Item 12 of ' Covered Title Risks. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POllCY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-1.7-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded. from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting'or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduc~ion in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise ,of such rights appears in the public records at Date of Policy. ' 3. Defects, liens, encumbrances, i3dverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Compariy llnd'not shown by the public recor.ds but known to the insured ciaimant either at Date of Poiicyor at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not dist;losed in writing by the insured claimant to the Company prior to the date such insured, claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). ' 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy ·or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. (Exceptions and Exclusions Continued on Reverse Side) , .. ~ -. ~ .. Printed Policy Exceptions and EXclusions.tinUed) • " , > .. CALIFORNIA LAND TITLE ASSOCIATiON STANDARD COVERAGE POLlCY-1973 SCHEDULE B PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. ' Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. ' ' 2. Any facts, rights, interests or claims which are not shown by the public records but which could_be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. ' 3. Easements, liens or e~cumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts.in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. ' 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. - 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but 'nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and 'zoning ordinances) restricting or regUlating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public rero~L " 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by th,e public records and not otherwise excluded from coverage Qut known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or ,(e') resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or,encumbrancer for value without knowledge. ' . " . 10. Any facts, rights, interests or claims which are not shown by the public records but which pould be ascertained by making inquiry of the lessors in the lease or leases described or referred to ih Schedule A. . 11. The effect of 'any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION, OWNER'S POLICY 'FORM 6-1970 . (AMENDED 10-17~70) , , ' SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinanc~ or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or loca- tion of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or ~r~~ ef t!1e land, or the eff~PF gf any violation of any s~ch law, ordinance or governmental regulation . • ':.,' 4 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public, records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed ,in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. o~'-r''1R' Office' 6300 Wilshire Boul~v~rd, P.O. Box 92792, Los Angeles, California 90009 """.-,-~~,-........... ---....-~~~ J'?'. TICOR TITle "SURANce •. TICOR TITLE INSURANCE CdMPANY 220 "A" STREET P.O. BOX '15~ SAN DIEGO, CALIFORNIA 9zi12 619-239-6081 PRELIMINARY REPORT JUNE 19, H184 TICOR TITLE INSURANCE COMPANY ATTN: KATHY EISENHOUR UNIT A YOUR REFERENCE: ACACIA 8-PARTNE~SHIP/BALLATORE CONSTRUCTION. OUR ORDER NO.: 1124394 IN RESPONSE TO THE ABOVE REFERENCED APPLlCATION FOR A :POLICY OF TIT~'E INSURANCE, TICOR TITLE INSURANCE COMPANY OFCA-LIFORN'IA HEREBY RE:PORTS, THAT IT IS PREPARED TO ISSUE, OR CAUSE 10 BE [SSUED r ' AS O~ THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCEDESC~IBING TH~ LAND, AND THE ESTATE OR INTEREST THEREIN HERE IN'AFTE,R SET· FORTH, INS.URING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY D~FECr, LIEN OR ENCUMBRANCE NOT SHOWN OR ~EFERRED TO AS AN EXCEPTIOK~ELOW OR Nor' EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITlONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THt: COVERAGE', OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COP1£S OF ·THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE 'FROM THE OFFICE WH'ICH' 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 INSURANtE AND NO LIABILI1Y IS ASSUMED HEREBY.' IFIT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF APOl.ICY OF T'IH.E INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF JUNE 11, t984 TITLE OFFICE~L PARKER SIGNED: __ ~ _____ ~ ______ ~ _______ _ THE ( ) . ( ) f~ FORM OF POLICY OF TITLE INSURANCE CONTEMPLAlED B,Y THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY -1979 _ ALTA LOAN ~OLICY -1970 WITH ALTA ENboRSEMENT FORM 1 COVERAGE (AMENDED '10-17-70) , '" CL TA STANDARD COVERAGE POLICY -'1973 ALTA OWNER'S POLICY FORM B -1970 (AMENbED }0-17-70) 1124394 PAGE 1 'II flCOR TITLE \,.SURANCE THE ESTATE OR INTEREST IN THE LAND H.EREINAFTER DESCRIBED OR REF,ERRED' TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VEST~DIN: NGA THUY TRINH, AN UNMARRIED WOMAN AS TO AN ~UNDIVIDED ONE-FIFTH INTEREST AND ACACIA 8 PARTNERSHIP, ,A GENERAL PARfNERSHJP AS TO AN UNDIVIDED FOUR FIFTHS INTEREST ' AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION Ta THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND S:PECIAL 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 PURSUANJ TO . THE PROVISIONS OF CHAPTER 498, STATUTE'S OF 1"983 OF tHE STATE OF CALIFORNIA ' ' 2. THE FOLLOWING RECITAL AS CONTAINE,[) IN DEED FROM SOUTH COAST LAND COMPANY, TO THOMAS F. OFFUTT AND JANET P. OFFUTT, DATED APR1L ,11, 1926 AND RECORDED IN BOOK 1190, PAGE 445 OF DEEDS: . "SUBJECT TO AN EASEMENT GRANTED TO THE SAN [lIEGO CONSOLIDATED GAS & . ELECTRIC COMPANY, JUNE 22, 1923."· . 3. A DEED OF lRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF, TH~ AMOUNT STATED HEREIN DATED OCTOBER 19, 1978 AMOUNT $180,000.00 ' TRUSTOR NGA THUY'TRINH, AN UNMARRIE,D WOMAN AS TO AN UNDIVIDED ONE-FIFT~ INTE~EST AND ACACIA 8 PARTNERSHIP, A GENERAL PARTNERSHIP AS TO AN UNDIVIDED FOUR-FIFTHS INTEREST .. TRUSTEE LJF CORPORATION, A CALIfORNIA CO~PORATION BENEFICIARY LA JOLLA FEDERAL SAVINGS AND LOAN ASSOCIATION,A' CORPORATION ", RECORDED OCTOBER 31, 1978, RECORDER,'S FILE NO. 78-4t149S', 4. A DEED OF TRUST TO SECURE AN ORIGINAL INOEB1EDNESS OF THE' 1124394 PAGE 2 TICOR TITLE \4SURANU: AMOUNT STATED HEREIN DATED AMOUNT ,TRUSTOR TRUSTEE 'BENEFICIARY RECORDED &JUNE 10, 1980 $25,000.00 . ACACIA 8 PARTNERSHIP, A ~ENERAL PARTNERSHIP' AND NGA THUY TRINH, AN UNMARRIED WOMA.N:,-AS THEIR INTEREST APPEAR OF 'RECORD, ,', TITLE INSURANCE AND TRUST COMPANY, A, CALIFORNIA CORPORATION ' LEO L . MATTIS AND SHIRLEY, &J . MATTIS, HUSBAND' AND WIFE AS &JOINT TENANTS &JUNE 12, 1980, RECORDER'S FILE NO. aO-187994 5. THE FOLLOWI~G MATTERS SHOULD BE CONStDERED IF AND WHE~ THE INTENDED PURCHASER ACQUIRES TITLE. MATTERS RELATING TO THE CORPORATE STANDING OF: BALLATORE CONSTRUCTION INC. REPORT TO FOLLOW. TAX FIGURES FOR CODE AREA PARCEL NO. LAND , IMPROVEMENTS FIRST INSTALLMENT : SECOND INSTALLMENT: 1124394 1983-84 9000 204-240':04 $166 , 13 1 . 00 $112,540.00 $1,567.49 PAID $1,567.49 PAID PAGE THE LAND REFERRED TO HEREIN IS SITUATED. IN THE ,StATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 8 IN BLOCK "Q" OF PALISADES NO.2, IN THE CITY OF'CARLSBAO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOR·DI.NG TO MAP THEREOF NO. 1803 F I LED IN THE OFF ICE OF COUNTY 'RECORDER OF SAN'DlEGO COUNTY, .·AUGUST 25, 1924. 11.24394 PAGE 4 , . , .. land. blit !s . survey of the . nor is 1t . 15 U n~t a information o~~~y to which. cOllpiled 0hl'e r.ep.or.t' or po 1. . , -art of t , h d . ~ P, y be attac: e C· E AND TRUST _ 1t.~ '., lNSURAN ' TITL" %20-"A;' Stl'ee~ '92101 . '. Californ1a. San OUlIO, 1 1 1 1 1 1 1 ~1 ~1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,1 1 1 1 1 1 1 1 J 1 1 1 1 1 1 1 1 1 ,1 1 1 1 1 1 . 1 1 1 1 1 1 1 • TICOR TITLE IISURANCE .' ,;:,;;?JB~:" ,\~~::.: , , Printed Policy Exceptions and~x'Clusions :-. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE iNSURANCE POLlCY-1979 , " ~ \ ...... . :;. ':' . -." \. .~ ".: , EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees and.expenses result- ing from: 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations con- cerning: land use '" improvements on the land .. land division ~ environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless a no- tice of taking appears in the public records on the Policy Date. ' 3 Title Risks: 7, that are created, allQwed or agreed to by you .. that are known to you, but nQt to us, on ~h~ Policy Date .... unless they appeared in the public records ,.' that result in no 1055 to you - ,; that first affect y'our title after tne Policy Date-ttlis does. not limit the labor lind material lien cQverage in Item S of Covered Title Risks ' 4 Failure to pay val'ue for your title. . 5 Lack of a right: ',. to any land outside the area specifically' de~ribed and referred to in Item 3 of Schedule A, or ' , in streets, alleys or waterways that touch your land . This excl!Jsion does .notlimit the access coverage in .Item 5 of Covered Title Risks. , ' . .' SCHEDULE S -STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the lima not shown by the public records. (8) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shoWn by the public records. This does not limit the forced removal coverage in Item 12 of Covered Ti'tle Risks. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY~1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGe The following matt'ers are expressly excluded from the coverage of this policy~ 1.. AnY,law, ordinance or governmental regulation (including but not limited to building ana zonin'g,ordinances)restrictil1g or r~ula1:ing or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improveni.ent now or hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions or area of the IlInd, . or the effect of any violation of any such law, ordinance or governmental regulation. ' '. 2. Rights of eminent domain or governmental rights of police power unless notic~ohhe 'exercise of such rights appears in. the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered, assumed or agreed to by the insured c,laimant; (b) not known to the Company and not shown by the public records but known to, the insured91aimant either at D~teof Policy or at the date such' claimant acquired an estate or interest insured by this policy or acquired tbe insured mor:tg~ge and:not disclosed' in writing by the insured claimant to the Company prior to the date such insured Claimant became an insured hereunder; ,(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance, is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Pol icy.). ' , , " , .', :', 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date 6f Policy or of any 'subsequent own~r' " of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. " .... ...".:.~:-;:". ~ . -:~~;:"'":"'" ~. ': (Exceptions and Exclusions Continued on Re,verse Side) ,_ . ..:.:: "'~"i"T ....... ~~i~ ~j7~:-..... ~~ .... -n:."~-.~r""'''''-~~-~r"""'_'" . >t-' p~in;d po~iCY Exceptions a~d Exclusions .tinL~ed)e " 'CALIFORNIA LAND TITLE ASSOCIATION STANOARD COVERAGe POLICY-1973 SCHEDULE B PART I .. This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or aIr of which arise 'by reason of b~~~ , ' 1. Taxes or assessments whit:;!,!, are not shown as existing liens by the records of any taxing authqrity that levies taxes or assessments on real property or by the public records. ' ' . , Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, :whether or not shown by the, records of such agency or by the public records. . . -2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of, , the land or by making inquiry of persons in possession thereof. ' 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the p'ublic records. 4. Discrepancies, conflictsjn boundary lines, shortage in area, encroachments, or any other facts which a correct survey would' disclose, and which are not shown by the public records. ' 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authOrizing the issuance thereof; (e) water tights, claims or title to water. < 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall mOdify or limit the e~tent to which the ordinary right of an abutting owner for access to a physically open street or high ..... ay is insu~ed'by this policy, 7. Any law, ordinance or governmental regulation (including but not limited to buiiding and 'zoriing prdinances) restricting or r'egulating , or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement 'now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions,or area of the land~ or' , the effect of any violation of any such law, ordinance or governmental regulation. S. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears int~e public records. , , ' 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the ,insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insllred' claimant either at Dilte of Policy or at the date such claimant acquired an estate or interest insured by this policy ,or acquired the 'insured: mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of,Policy;or:(e) reSUlting in , loss or. damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. ' , 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. ,11. The effect of any failure to comply with the terms, covenants and conditions ,of the lease or leases described or r.eferred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 (AMENDED 10-17-70) , SCHEDULE OF EXCLUSIONS FROM CQVERAGE The following matters are expressly excluded from the coverage of this policy: ~:.,.;; .. 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or reg~lating tlie character" dimensions or loca- tion of any improvement now or hereafter erected on the land, Or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such, law, ordinance or governmemal reguiation . ~ :-..:.,~.-~ .:" ." ....... '. 2. 3. Rights of eminent domain or govern'mental rights of police power unless notice of the exercise of such. rights appears in ' the public records at Date of ~olicy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered~ assumed' or agreetf to 'by the, insured claimant; (b) not known to the Company and not shown by the public records but knpwn to the insuredclaiiTiant either at Date of Policy or at the date such claimant acquired an estate or interest,by this policy and notdisclosed in writing by the insured claimant to the Company prior to the date such insured claimant pecame an insured hereunder; (e) resulting in no loss or damage to the insured claimant; (d) attaching or created sl,lbsequent to Date of Policy; (e) resuitingin loss or damage which would not h.,een sustained if the insured claimant had p*alue for the estate or iliterest insured by this policy. ~ '~ , ' Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angel~s, California 90009 ---------------- -, ORDING REQUESTED BY AND ) ~rtKN RECORDED MAIL TO: ') ) CITY OF CARLSBAD ) 1200 Elm Avenue ) ,Carlsbad, Calif~rnia 92008 ) ()t.t~~ .:p;c;:.D,. Ie:.. ~~TOPiE:.., Space above this lin'e for Recordet 's' u's,e Do~umentary transfer tax: $ ,No fee ,)ub~, S ig nat u reo f ,d ~c 1 ar a Ii t cl e t e r m i'n i ri g tax-firm 'name City of Carlsbad Parcel No .. 204-240-04' ------~------~----~--~------~- AGREE~ENT BETWEEN OWNER, DEVELOPER' AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AG~~EMENT is entered into this 14qay of ij"ov:nte'be.t, by and between Ballatore Construction Inc. (Name of Deyeloper)" , 1 '984 a Corporation hereinafter referr~d,~o .s (Corporation, partnership, etc.) "Developer", whose address is 12725 Stone Canyon Road Poway, CA 92064 (Street) (city, State, Zip' Code) and NGA Thuy Trinh and Acacia 8 ,Partnership _ .. :' (Name of Legal n~ner) a a General Partnership " hereinafter referred toas --~(r.c~o~r~p~o~r~a~t~i~o~n~,~e~t~c~.~)~---------------- "Owner" whose address is c 0 Mr. Bernard Avenue' Encinitas, CA 92024 (City, State,Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of t,he Stat~ ofCalifotnia, hereinafter referred to as "City", whose addres~ 1S 1200 EI'm Aven'ue, Carlsbad, California, 92008. REV 4-2-82 RECITALS •• WHEREAS-, Owner is the owner of the ,real prop:erty d'escribed on, Exhibit "A", attached to and made, a part of thi's agr'eemen't, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the bou~darie~ of City; and WHEREAS, Developer has contracted with OWbe,r, tq -'purchase the Pro per t y and propos e sad eve lop men t pro j e c t as f 0 11.0 w S : __ ~_-.-,,..... __ _ 24 Unit Apartment Project on said Pro,perty, which development carrie~ the prop,osec;l nallle of Seaside Acacia Apartments and LS hereinafter referred to as "Deve 10 pm'e n t "; and WHEREAS, Developer filed on the 19~, with the City a request for " Acacia Avenue, Carlsbad (2-.~ day of 4 .·IrI~· Project, approval for 24 units, on hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of t~e City General Plab r e q u ire s that the Cit y Co u n c i 1 f ~ n d t h at all pu,b], i c f a c i 1 i ties necessary to serve a development will b,. availabie,c6ttcurrent with need or such development shall not be approved (said element is 6n f i 1 e wit h the Cit y C Ie r k and inc 0 r p or ate d P y t his ref ~r E;l:n 'ce ); a: nd WHEREAS, Developer, Owner and City recognizeth~ co~r~ctness ~f' Council Policy No. 17 dated April 2,1982, on fi1.ewiththe City' Clerk and irtcorporated by this reference, and th~~ the City's public fa c iIi tie san d s e r vic e s are a t cap a cit y an d wi 11 not' b,e a v a,i 1.ab 1 e t 0 accommodate the additional need for public facllfties,ah4 ~ervices_ resulting from the proposed De~elopment; and -2- REV 4-2-82 WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet t~e futur~ needs of the Development as it is prese.nt 1y .proposed; bu·t the Developer and Owner are aware that the City ca n'no t and wi 1.1 no t,be able to make any such finding.s without financia.1 assistanc·e to, p.ay for such services and facilities; and, therefor~, D~veloper aud. Owner propose to help satisfy the General Plan as i.mplemented by Council Policy No. IT by payment of a p.ub1ic '~acilities fee. NOW, THEREFORE, in considerati?n of the recitals and the covenant s con t ai ned here in, t;he part ies agr ee 'a 5 follows: 1. The Developer and Owner sh~11 pay to the'City ~ public facilities fee in an amount not to exceed 2% of t'he building per'mit valuation of the building or structures to be constructed in:the Development pursuant to the Requeit. The fee shall be paid prior tq the issuance of building or other construct .. ion perm'it/? for t.h.e deve'lopment and shall be based on the va1uatiop 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 'Car1sbadMunicipal Code. Developer and Owner shall pay a fee for con.ver~sion of ex~sting building or structures into condominium~ in an amaunt not to e~c.ed 2% of the building permit valuation at the tim'e of ·conve.~sipn. The. fee for a condominium conversion shall be paid prfor to th~ issuance of a condominium conversion permit as provided in Gh.apter 2i.47 of ,the Carlsbad Municipal Code. Condominium ihall include community apartment or st?ck cooperative. The terms "other constru,c,tion per mit s ", " 0 the r con s t r u c t ion per mit" and "e n tit 1 em e n t . ~ () r u. s.e" a s used in this agreement, except in reference to mo,bi1,ehome ~dtes or -3- REV 4-2-82 •• projects, shall not refer to gradin~ permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for whi,ch the development is intended. Developer and Owner'shall pay to 'City a public facilities fee in the sum of $l,l~O' fot each ~6bilehome space to be con s t r u c ted pur sua n t tot heR e que st. Tn e fee s h.a 11 'b epa i d prior to the issuance of building or other constr~ctiort petmits for the development. This fee shall be in additi-on to any fees; dedications or improvements req·ui·red acco'rding' to Tit les 18, 20" or 21 of the Carlsbad Municipal Code. 2. Th~ Developer and Owner may offer to do~ate a sit~ or sit~s for public facilities in lieu of all or part of th~ financial obligation agreed upon in Paragraph 1 above. If Develo,per an.d Own~f offers to donate a site or site~ for publi~ f~cilitias, the City. shall consider, buf is not obligated to aecept the offer. Theti~e for donation and amount of credit again~t the fee shall be de~erm~ned by. City prior to the issuance of any building or other pe~mits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall no,t include improveIl).ents required pursuant to Titles 18 or 20' of the Carlsbad Munici~al Code. 3. This agreement and ·the fee paid pursu~n·t hereto are requir~d to ensure the consistency of the Development with the Ci~y's G~neral ~lan. If the fee is not paid as provided herein, th~ Cit~ will not have the funds to provide public f&cilities. and services~ *nd th~ development will not be consistent with the General Pla.n and any. approval' or permit for the Development shall be void. No. buildin·g or other construction permit or entitlement fbr use shall b~ issued unt i 1 the public fac iIi ties fee required by t.his ag·reementis· paid. -4- REV 4-2-82 4. City agrees to deposit the fees paid pur~u.nt to thi~, agreement in a public facilities fupd for the fin~ncirtg of ptibiic facilities when the City Council determine~ ~he need exists to provide the facilities and sufficient fpndi fro~ the patm~nt of this and similar public facilities fees ar~ available. 5. City agrees to provide upon request reasonab-le assurances to enable Develope~ and Owner to comply with any requirements 6f other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of th'e Development herein described. 6. All obligations hereundet shall termin.tein ,the e~~nt the Requests made by Devel,oper ar~ not approved. 7. Any notice from one party to the other shall be in wri,ting; and shall be dated and 'signed by the party givin~ su~h noti~e or by a "duly authorized represe~tative of su~h ~arty .. ~ny such notice shall not be effective for any purpose whatsoever unless served irt one ~f the following manners: 7.1 If notice is given to the City Df per~onal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, "e,nclose'd in a sealed envelope, addressed to the City ~or .ttention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Deve,lo'per by persoQ"al deliv·er,y thereof to Developer or by depositing the sameiu' the U~ited States Mail, enclosed in a seale,'d envelop.e, addressed to Developer at the address as may have been designated, po~tage prep,id A~d certifi~d. -5- REV 4-2-82 8. This agreement shall b'e binding upon ~n'd sh'all inu,re to the benefit of, ,and shall apply to, the respective successors .nd a~~igns of Developer, Owner and the City, and re£eren,ces to Deve10'per, Owner or City herein shall be deemed to b.e'reference to, and incll,lde ,th~ir respective successors and assigns without specific ment'ion of such successors and assigns. If Developer should cease to· havea'ny ';, , intere'st in the Property, all obligations of Developer 'here.under shall terminate; provided, however, tha,t arty successor of Deve:19per's interest in the property shall hav~ first assume~ in writing fhe Developer's obligations hereund~r. At such time as Owner ceases fo have any interest in th~ Property, all obligatioris of Oiner hereunder shall terminate; provided, howe~er, that if any successor to the Owner's interest in the Property is a stranger to' this agree.ment, suc'h,successor h~s first assumed the obligations of owner in writing in a form acceptabl~ to City. 9. This agreement shall be recorded but shall not create a: lien or security interest on the Property. Wh~n th~ obligations of this agreement have been satisfied, City shall record a rele·ase. III III III III -6- REV 4-2-82 , f I Ii N. IX:) CII cD c. ::> 19 ;'Ul c t () « CII "'" Q. -" III (') -. Ul , ca () ~ IN WITNESS WHEREOF, this agreement is executed in, San D-iego Co u n t y, Cal i for n i a a s 0 f the d ate fir s t w r'i t ten abo v e • OWNER: DEVELOP~R: ~~~~!1::j~~~~m:l1i~~!In~~:ea.;~lership' BALLATORE CONS'tiWCTION INC. BY (Kbm.::> ) ------~------~~------~--~ ·~SAFECO ~ TITLE INSURANCE STATE OF CALIFORNIA } SS, COUNTY OF San Di ego On this the J 5th day of Noyember -19--Blt., before me, the undersigned, a Nota,ry Puplic in and'for said State, personally appearedB !llt::e:L:r:Lnll:;aur.:J.dL..TLJ. ....... -'-'ZJ:l.a"l.;c~hli:au.r~jwa:l..is~ ______ ---,.,~~~ ____ --'-,--_~-_'--i-'- __________ , personally known to me or proved to me on the basis of satisfactory evidence to be the person __ who executed the within instrument as Gen era J Partner , of partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. -~,g"mure '}nJM P Jw Tordis Pap low ,¥ STATE OF CALIFORNIA I COUNTY OF San Diego J SS. On this the-.11tth day of November 19 84 before me. the undersigned Notary Public. in and for said County and State personally appeared Joseph J. Ballatore prov,ed to me on the basis of satisfactory evidence to be the ___ _ President. aM< ___ --------------- IilF9"9Q t9 ~9 9R tbw ga&i& gf &atilifalitg"Y IwiQ'iR1i9 tg ~ _____ _ Seeret8ry of the corporation that 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 -by-laws or a resolution of it's board of directors. C) S;g",,',re T61Jio~ Tordis Paplow FOR NQTARY SEAL QR STAMP 'OFFICIAL'Sl:':AL TORDIS PAP!-OW NOTARY PUBLIC • r.tl.UFOR~IA SAN DIEGO COUNTY My comm. expires DEc 1'8, 1987 FOR NOT~RY SEAL OR _STAMP . ,m SAFECO --OfFICIAL SEAL TORDIS PAPlOW NOTARY PUBLIC -CAttFOR~IA SAN DIEGO COUNTY My comm. e_xplres DEC-18, 1987 EXHIBIT" "A" LE~AL DESclIPTION Lot 8, Block "Q" of PALISADES NO.2, inthe City of San Diego, County of San Diego, State of California, according to Map thereof No. 1803, file.d in the office . of the County Recorder of San Diego County August 25, 1924. 801 Pine Avenue, Carlsbad, California 92008 729-9291 BOARD OF TRUSTEES J. EDWARD SWITZE-R, JR. pj:esident JULIANNE L NYGAARD Vice President JAMES McCORMICK Clerk JOE ANGEL' Member JOHN J. MAMAUX Member DISTRICT ADMINISTRATION PHILIP GRIGNON, Ed.D. District SUR~rintendent JAMES M. STARK , Business Services SUSAN-HARUMI BENTLEY Instructional Services OAVID WM. BATES, SR. Employee Relations RICHARD A. SHALER Infermation Systems K.C DUNLAP Fad lities/Services November 15, 1984 Mr.Clarente sch1~huberi Chairperson, and Members of the Planning Cotntnis's;on City of Carlsbad ~ 1200 Elm Avenue Canlsbad, CA 92008 -.. ' ~ "Attn: Mr. Martin Qrenya~R, BUildoing and Pl~hning Director --,' Reference: ~ Ballator~ Construct;'on Inc., (1 Calif. partnership ~Gentlemen: OlAr Di strkt has rev;'ewed the ~proposeddey-elopme'nt· of ~ . . 24 apartments 1 ocated at 319 'Ac:ac:i a Avenue' and has eV:=aluated· the impact of that project on the fadl iti'es o;f this '~~:, Oi stri ct. .' C'>" The Governi,ng Board' w.i.shes to advlse the cityo,ffidals and residents of Carl sbad tha'f, :a.s res;:dential unlt:s:~:a,re, added to the community, it is likely that many clas'se'si'n the District wiil become crowded" resulting in possibl~' impai rment to the ediJca tiona 1 anq transport{l;ti.ona 1 s'erv,kes offered to the students. It is a,' so 1 i kely~tbat school'~· schedules may have to be change&,. resulting in an incTease. in the year-round program; or dOlible-sesslons, or both.. ~ ,However, the District. is able toa:s'sure -you ~tbat school physical facilities win be available concurrent with need for this developm~nt as it is presently prc)posed. ~ "_. Sincerely, ~~ JQmes Stark ,Assistant SUperintendent . .Bus'iness Servi ces 'njg > - -=-~: _" I' , ~ ~ 7 _ - ~. .1 POOR QUALITY ORIGINAL(S) . ' . . ... 'I . "L-Py, """""" ~ EXEMPT OR EXC!EP'lEJ: ___________ _ Posted: _______ _ Prior Cclrpliance: _____ ---Published :_' _.....,.-_ Filed: _______ _ Filed: NEGATIVE DEcrARATICN: ___________ _ Posted: 1(-\ 3'-81l Published: 11-17" &4 , l-btice of Det:eJ:mination:._.....-__ E~ IMP~ REPORr: \' Notice of ----~No:=-:"ti""r'· ce--of-=-- Preparation: Ccrnpletion: ____ _ PL\NNING aMofiSSICN 1. Date of Hearing: __ J-1 '-/-.J.iQ)~8:I--~g4~ ___ _ 2. Publication: ____ -..:...AJ;;,.j/:..LA.J..-. ____ _ 3. Notice to Property OWners =_---=-tJ"-t,! ..... fl'-'-__ _ 4. Resolution No. --------------- ~OOntin~to: ___________________ _ 5. ~ppeal:' --------------------- cn'Y (WOCIL 1. Date of Hearing: ' , ;tJ / /-f " , 2. NOi:ices to City Clerk: ' , , l{/14' ' , 3. Agenda Bill=_' ___ '_'_' _' _' ________ _ " Notice of Det:eIrnination: ---- 4. Res<.,lution N:>. ' , , -----------------------Date: ' , ---------ACTIOO': ' ------- 5. Ordinance N:>~ Date: ' , , ------------------------- C'ORRE'.Sl?QIDE%O Staff Report to AWlicant:_' _' __ ' _' _' '_'_' __ ' _' _' '_' _' _' _ Resolution to AJ;:plicant:_' _____ ' '_'_' '_'_' '_'_' _' '_' __ _ ... • --,-- CITVU CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 I 438·5551 I I I ~;-_"'r.I4~' ~ -"'.~ ~ ... l illc;/\oI"h~i.J 50B505~OO rlC . I I RECEIVED FROM 1/ I r t VtA);,itEIJ.. 50550S\OOt ~~c i ,/1';'1 ... <4/1:.1'::\.1 505.00 Me ADDRESS ""IJ\.o>I/\.I·~U II I~I t:i4 tJU~~~'tNTf L: . A/c. NO. DESCRIPTION ..... _. ;=1 "c)--a/-g'g5';z. 17£ de; ~()I-?'~d/ P~;;;;/U/~G" ~/s \..d3CJ ~::io. .. ~, -- --- -~ .. --. .. .. , , ·40940 TOTAL 'QOS ro - ~~ ..... . .. l' I'~