HomeMy WebLinkAboutPCD 82; ROOSEVELT 42; Planning Commission Determination (PCD)PLANNING APlATIDN LAND USE
DISCRETIONARY ACTIONS
REQUEST
Ci Zone Change OSpecific Plan
Ci General Plan Amendment DSite Development Plan
El Tentative Tract Map []Conditional Use Permit
O Major Planned Unit Development DVariance
Ci Master Plan f2lPlanning Cczunission Determination
O Major Redevelopment Permit []Special Use Permit
o Minor Redevelopment Permit []Structure Relocation
O Precise Development Plan OMajor Condominium Permit
(check other boxes if appropriate) QCoastal Permit (Portion of Pdevelopiient
Area Only)
Complete Description of Project (attach additional sheets if necessary)
42 J2 bedroom, 2 bath apartrnnt nni1- to he 1 &rl ona 2136 acrQ
- parcel near the intersection of Roosevelt & Magnolia Streets.
Project to consist of 5 separate buildings which cluster around
a central common area. The common area includes a lap pool & spa.
Buildings to be stacked flats, 2 stories in height.
Legal Description (complete)
SEE ATTACHED-
Assessors Parcel Number
204 '160-12
Zone General Plan Existing Land Use
RDM RMH Single family residence
Proposed Zone Proposed General Plan Site Acreage
RDM RMH 12.136 Acres.
Owner - Applicant
Name (Print or Type) Name (Print or Type)
Roosevelt Stree.t 42 Charles F. Rowe
Mailing Address Mailing Address
3138 Roosevelt St., Ste. K P. 0. Box 142
City and State Zip Telephone 'City and State Zip Telephone
Carlsbad, CA 92008 434-3125 Carlsbad, CA 92008 434-3125
I CERTIFY THAT I AM THE LEGAL CNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
THAT THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
ND,2Ecr ThE,EST OF MY KNOWLEDGE. AND C THE BEST OF MY KNOWLEDGE.
DATE DATE
-January-11, 198 January 11, 198
Date AiicatiQn Re&d ftqqiVed By Pi8 ived, Wcopt No.
Staff Assigned Jcam Nt*er' bate Application Rèc'd
VN r 0 0
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application For
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
T. Application Form
2. General Requirement Items:
- eighteen (18) 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
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
1.. Application Form
2. General Requirement Items
- eighteen (18) 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 pevelopmen.t (5 or more units)
I. Application Form
2. General Requirement Items:
- eighteen (18) 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 map.
...
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ISSUING OFFICE: CONTINENTAL LAND TITLE COMPANY
4542 RUFFNER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
• CALIFORNIA BUILDERS
• 1133 ROOSEVELT STREET STE fl1<t
• CALSEAD, CA
Attention: CTARLIE 'OWE Your No. 42 LThITTS
Our No. 79115-05
Dated pY 7:30 AM.
By
title Officer ^ALP14 ARM'TTA
In response to the above referenced application for a policy of title insurance,
CONTINENTAL LAND TITLE COMPANY
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 en-
cumbrance not shown or referred to as an Exception in Schedule B 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
in the ffached list. 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 TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMIT -
MENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy 0
2. American Land Title Association Owner's Policy Form B D
3. American Land Title Association Residential Title Insurance Policy 0
4. American Land Title Association Loan Policy 0
Issuing Policies of
Iu'yeis1Jde Insurance &poration
.
0
SCHEDULE A
Order No.:
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:
AKIRA NISHIMOTO AND KYO NTSHThIOTO, HUSBAND AND WIFE,
AS JOINT TENANTS, AS TO AN UNDIVIDED W/ INTEREST; AND
BURT Y. NISHIMOTO, A SINGLE MAN, AS TO AN UNDIVIDED 40%
INTEREST; AND TAMARACK 7, A JOINT VENTURE COMPRISED OF ANGELO
GAROFOLO, JR., A MARRIED MAN; JOHN J. BERUTTI, A MARRIED MAN,
AS HIS SOLE AND SEPARATE PROPERTY AND CHARLES F. ROME, AN UNMARRIED
MAN, AS TO AN UNDIVIDED 2(A INTEREST, ALL AS TENANTS IN COMMON
The land referred to in this report is situated in the State of California. County of
and is described as follows: SAN DIEGO
SEE ATTACHED LEGAL DESCRIPTION
CITA Preliminary Report Form
.
:
SCHEDULE B
Order No.:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated
on the face page of this report would be as follows:
1. Property taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 1984-1985.
2. The lien of supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 498, Statutes of 1983 of the State
of California,
3. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE
HEREIN DESCRIBED PROPERTY LYING WITHIN ANY DEDICATED ROAD OR
HIGHWAY,
4. An easement for the purpose shown below and rights Incidental
thereto as set forth in a document
Purpose : WATER PIPELINES
Recorded : BEC1BER 31, 1940 IN BOOK 1111 PACE 318
OF OFFICIAL RECORDS
Affects : FIVE FEET fli WIDTH ALONG THE SOUTHEASTERLY
LINE OF THE HEREIN DESCRIBED PROPERTY
Reference is made to said document for full particulars.
Said easement has been granted and reserved in various deeds
of record.
5. A deed of trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount : $406,500.00
Dated : AUGUST 16, 1984
Trustor : AKIRA NISnIMOTO AND KYO NTSHTMOTO,
HUSBAND AND WIFE, AND BURT Y. NISHIMOTO, A SINGLE
MAN, AND TAMARACK 7, A JOINT VETT1TRE COMPRISED OF
ANGELO CAROFOLO, JR., JOHN J, BERUTTI, AND
CHARLES F, R(ME
Trustee : REAL PROPERTY TRUST DEED CORPORATION,
A CALIFORNIA CORPORATION
Beneficiary: ROBERTA H. WHITLOCK, A MARRIED WOMAN,
AS HER SOLE AND SEPARATE PROPERTY
Recorded : SEPTEMBER 14, 1984 AS FILE/PAGE NO. 84-350460
OF OFFICIAL RECORDS
To avoid delays at the time of closing, please suhtit the
Original Note, Deed of Trust and the (property executed)
Request for Reconveyance, to this office, at least one week
prior to the close of escrow.
CLIA Neilminary Report Form
. 'I
6. We will require a statement of information from the
parties named below in order to complete this report, based on the
effect of documents, proceedings, liens., decrees, or other matters
which do not specifically describe said land, but which, if any do
exist, may affect the title or impose liens or encumbrances thereon.
Parties: RCE
(Note: The statement of Information is necessary to complete the
search and examination of title under this order. Any title
search includes matters that are indexed by name only, and having a
completed statement of Information assists the Company in the
elimination of certain matters which appear to involve the parties
but in fact affect another party with the same or similar name.
Be assured that the statement of information is essential and
will he kept strictly confidential to this file.)
7. No known matters otherwise appropriate to he shown have
been deleted from this report, which is not a policy of title insurance
but a report to facilitate the Issuance of a policy of title insurance.
For purposes of policy issuance, Items, if any, may be eliminated on
the basis of an indemnity agreement or other agreement satisfactory to
the Company as follows: NONE
SPECIAL NOTICE
Chapter 1004, California Statutes of 1984 becomes effective
January 1, 1985. This legislation deals specifically and
restrictively with disbursement of escrow and subescrow funds
by title entities. This law reculres that all funds be
deposited to the Coinpai's escrow and suhescrow accounts
prior to disbursement of funds. In order to avoid material
delays in closings and dis bursements, all fundings should
either be by wire transfer or by checks drn on California
financial institutions.
Pronerty taxes for the fiscal year shown below are
For proration purposes and the amounts are:
Fiscal year 1984-185
1st Installment : p455.97 PAID
2nd Installment : $455.97 OPEN
Exemption NONE
Land : $66,793
Improvements : $4,236
Personal Property: NONE
Code Area : 09000
Assessment No. : 204-160.-12
204-14
I
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MAP 775(365.535) - TOM OF CARLSBAD ANOE - TCT 107 PM 752
MAP 535 - 10W4 OF CARLSBAO - KS A.D & 29:
SEC 7 - 112S-R4R - POR LOTS I '. 2
CITY OF CABAD 4f 441 1 51.15u01 L 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED FRO J DATE
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A/c. NO. DESCRIPTION AMOUNT
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ell
45922 TOTAL
0• .
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.
L
E. • One (1) copy each of 8 1/2"xll" site plan and elevations.
F. One (1) copy of8 1/2"xll" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special Use Permit,
Planning Commission Deternination and, Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall include the-San Diego 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 property. For any address other than single family
residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
K. 300 Foot Radius Map
(Not needed for Site Development Plan,.Planning Commission
Determination and Special Use Permit).- A map to scale not
less than 1" = 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the
property owner's list. The scale of the map may be reduced
to a scale acceptable to the Land Use Planning Manager if
the required scale is impractical.
L. For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and' serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if locate in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan *
P. Statement of agreement to waive tentative tract 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
to the Land Use Planning Office by Noon the day of the
Planning Commission meeting.
.Lt ai cer tne 1j1..urxai &: .Lç Jl u - 3-L is cecermine,
that further informatio11 5 required, you wi].l be so advised.. 0
Charles F. Rowe APPLICANT:
Name (individual, partnership, joint venture, Corporation, syndication),
Pnn r t, 114 ta K, (r 1 c h rzl , CZ g7flflR
Business Address
434-3125
Telephone Number .. -
• AGENT: SAME .
Name
SAME Business Address
• . . . •• SAME -- ••• •• : •' • .
Telephone Number .
frERS: N/A . . ••
Name '(individual, partner, joint . Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Home Address
Business Address
Telephone Number - - . Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain t e and correct and may be
relied upon as being true and correct until amende 4 -
Applicant
BY Owner
Agent, Owner, Parner
I 9
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as cojete to,,properly review all of the applications.
January 11, 1985
a Date
Charles F. Rowe Property Owner
Name (Print) - Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
If after the information you have submitted has been reviewed, it is determined
that further information required, you will be so
Roosevelt 42, A Joint Venture APPLICANT:
Name (individual, partnership, joint venture, corporation, syndication)
P. 0. Box 142/3138 Roosevelt St e Suite K, Carlsbad,CA 92008
Business Address 0
434-3125
Telephone Number -
California Builders AGENT:
Name
P. 0. Box 142 ' Carlsbad, CA 92008 -
Business Address
4 4-3L25-
Telephone Number -
• ehrls F Rowe 0-n - erutti
• I€fr3ERS: TAMARACK .7(Aipplo) P. 0, Box 142, Calrsbad, CA
Name '(individual, partner, joint Home Address
• venture, corporation, syndication)
P. o. Box 142, Carlsbad, CA 92008
Business Address
434-3125
Telephone Number Telephone Number
Akira & Kyo Nishimoto 1845 Purdue Ave. Los Angeles 9002'
Rome Address
c/o Calif. Builders, P. 0. Box 142, Carlsbad, CA 92008
Business Address -
434-3125 SAME
Telephone Number - Telephone Number
Burt Nishimoto, 1845 Purdue Ave. Los Angeles, CA 90025
James R. Alberts 6431 La Paloma St. Carlsbad, CA- 92008
(Attach more sheets if necessary)
I/We declare urer 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.
oseve)/t 42 - A Joint Venthre
BY Charles F. Rowe, Part--n
Agent, Owner, Partner
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to, properly review all of the applications.
/gs-
gnature /DaXe
Charles F, Rowe Property Owner - Developer
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
SCHEDULE A
Order No.:
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:
AKIRA NISHIMOTO AND KYO NISHThOTO, HUSBAND AND WIFE,
AS JOINT TENANTS, AS TO AN UNDIVIDED 40% INTEREST; AND
BURT Y. NISHIMOTO, A SINGLE MAN, AS TO AN UNDIVIDED 40%
INTEREST; AND TAMARACK 7, A JOINT VENTURE COMPRISED OF ANGELO•
GAROPOLO, JR., A MARRIED MAN; JOHN J. BERUTTI, A MARRIED MAN,
AS HIS SOLE AND SEPARATE PROPERTY AND CHARLES F. ROWE, AN UNMARRIED
MAN, AS TO AN UNDIVIDED 207. INTEREST, ALL AS TENANTS IN COMMON
The land referred to in this report is situated in the State of California, County of
and is described as follows: SAN DIEGO
SEE ATTACHED LEGAL DESCRIPTION
CLIA preliminary Report Form
. .
Planning Commission Determination
1. Application Form,
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- fifteen (15) copies of items B-D (if applicable)
- items F-I, M, 0
4. General Requirement Items for Density Determination:
- fifteen (15) copies items B-D
- items E-I, M-O
5. Fee: $330.00
Malor and Minor Redevelopment Permits
1. Application Form
2. General Requirement Items:
- Major:
- fifteen (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
- items E, F, H, I, M
- inspection notice from
3. Fee: $120.00
B and D
the Building Department
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary'grading plan (2411 x 36)
Each tentative map/preliminary •grading 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 the maps;
(3) North point;
(4) Scale; vicinity map;
I .
Residential Condominiums
$530.00 (50 units or less)
$1,090.00 (50 units or more,)
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$875.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Condominium
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Form
2. General Requirement Items
- fifteen (15) copies of items B-D
- items E-I. M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Engineering
Department for Special Use Permits
Variance
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of item B-and D (if
applicable)
- items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
. .
(5) Date of preparation;
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Name, location and width of adjacent 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 structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at 1' intervals )c slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed)
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15) Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses;
(17) Location of railroads;
(18) Approximat6 radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) Typical street section for all adjacent streets
and streets within the project.
B. Site Plan: Shall include the following information:
- Name and address of applicant, engineer and/or
- architect, etc.
- All easements
- Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
- 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
- existing zone and land use
- proposed land use
- total building coverage
- building sq. footage
- percent landscaping
- number of parking spaces
- sq. footage of open/recreational
space (if applicable)
- cubic footageof storage space -
(if applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A 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".
RECORDING REQUESTED BY A0! ) I
WHEN RECORDED MAIL TO: )
4 )
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. A. P. N. 204-160-12
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT Is entered into this 15thday of January , 1985
by and between Roosevelt 42
(name of developer--owner)
a A joint venture , hereinafter ref -erred to as
(corporation, partnership, etc.)
"Developer" whose address is 3138 Roosevelt Street, Ste. K.
(street)
Carlsbad, CA 92008 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S B T H:
WHEREAS, Developer is 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 within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
40 -2 bedroom, 2 bath apartment units ith office & recreation roan
REV 4-2-82
on. said Property, which development carries the proposed name of
Roosevelt 42 -A Joint Venture
.and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 24_tliday of April
19 85_, with the City a request for Planning Commision Determination
hereinafter referred to as"Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
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 services are at capacity and will not be available to acconAmodate
the additional need for public facilities and services 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
NOW, THEREFORE,n consideration of the reals and the
covenants contained herein, 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 o 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 for 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 improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
. .
A 2. The Developer may offer to donate a site or sites for public
facilities in.--lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City 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 paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable 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-
REV 4-2-82
6. All obligatio hereunder shall terminain the event the
Requests made by Developer are not approved.
7. Any otice 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 notice is given to the City of personal delivery
thereof to the City or by depositing same in 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 is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to 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 reference 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;
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.
MIC
REV 4-2-82
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
ry OF CARLSBAD, a municipal
iporation of the
ate of California
BY Ztb 1-17
(Title)
BY7?)
t J
(Tit-1)
4VVtL1- CLy
ATTE:
BY
City Manager
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
ffic
REV 4-2-82
. .
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lots 1 and 2 in Section 7, Township 12 South
Range 4 West San Bernardino Meridian, in the County of San
Diego, State of California, according to United States Govern-
ment survey approved October 25, 1875, and of fractional block
"A" of the town of Carlsbad, in the county of San Diego, State
of California, according to map thereof No. 775, filed in the
office of the County Recorder of said San Diego County, February
14, 1894, and of Pal, Avenue, vacated by ordinanace of the Board
of Supervisors of San Diego County on March 3, 1891, included
within the following described boundary:
Beginning at the intersection of the East Line of Said Lot 1, with
the Northeasterly Line of the Atchison Topeka and Santa Fe Railway
right of way; thence Northerly along said east line of Lot 1,
North 0 28' West 115.65 Feet to the Northwesterly Line of Tract 231
of thum lands, according to map thereof No. 1681; thence along said
Northwesterly line of its Northeasterly extension North 55 27' East
434.93 Feet to the Southwesterly line of Second Street in town of
Carlsbad; thence Northwesterly along said Southwesterly line of Second 0
Street, North 34 33' West 100 Feet; thence South 55 °27' West 499.74
feet to the Northeasterly line of said railway right of way; thence
South 34 33' East along said right of way 275.74 feet to the point
of beginning.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD - )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
s-,
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. A.P.N. 204-160-12
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 11th day of January , 1985
by and between
Roosevelt 42
(Name of Developer)
a General Partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
3138 Roosevelt StrQe t, Suite
IC (St r e e t )
Carlsbad, California 92008
(City, State, Zip Code)
and Roosevelt 42
(Name of Legal Owner)
a General Partnership , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
3138 Roosevelt Street, Suite K
(Street)
Carlsbad, Ca 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82 PC D
. ' fl T rt, A 1
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
42 2 b'drnm, 2 hi-h .pr1-Trn - iinii-
on said Property, which development carries the proposed name of
Roosev11- 42
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 11H- day of _____________
1985 , with the City a request for Plnnir- Cmmiscinn flrninin
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on file with the City
Clerk and incorporated by this reference, and that the City's public
facilities and services are at capacity and will not be available to
accommodate the additional need for public facilities and services
resulting from the proposed Development; and
REV 4-2-82
.
WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner 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 and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
of the building permit valuation at the time 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
-3-
REV 4-2-82
E
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer and Owner 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 improvements required according to Titles 18, 20 or 21
of the Carlsbad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
offers to donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be determined by
City 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 paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
-4--
REV 4-2-82
.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing:
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in 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 is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
-5-
REV 4-2-82
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, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be reference 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; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
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 in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
I/I
I/I
I/I
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
ChLes /
Signature
(Name)
(Signature)
(Name)
(Signature
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
DEVELOPER:
BY
Charles F. Rowe
TITLEGeneral Partner
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
C WNER must be
STATE OF CALIFO SS.
COUNTQF
--
On i'fk?1 11 - before me, the undersioned. a Notary Public in and for
said State, personally appeared_
04 - -----
> c Ca CL
0 C a)
I-
C to 0
a) E
LL
a)
(a
>
•0 C
IN
CD
CD
C 0
personally known to me ('-9-c tn neon the b(c of 2ti5
1ttTit) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS my hand and official seal.
Signat __ 1 7T
OFFICIAL SEAL
JAMES '\ P. !ELLEY U
PLLiC.C1iFollA I F-CP.L GFICE IN ka s;.:40:EcocoL-lTy
fy Ccmrnisn Exp. Feb. 23. 1936
-
.
.
THAT PORTION OF LOTS 1 AND 2 IN SECTION 7, TOWNSHIP 12 SOUTH,
RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNTIED STATES
GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, AND OF FRACTIONAL
BLOCK "A" OF THE TOWN OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
FEBRUARY 14, 1894, AND OF PALM AVENUE, VACATED BY
ORDINANCE OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY
ON MARCH 3, 1891, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARY:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 1,
WITH THE NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE
RAILWAY RIGHT OF WAY; THENCE NORTHERLY ALONG SAID EAST LINE OF LOT
1, NORTH 0028? WEST 115.65 FEET TO THE NORTHWESTERLY LINE OF TRACT
231 OF THUM LANDS, ACCORDING TO MAP THEREOF NO, 1681; THENCE
ALONG SAID NORTHWESTERLY LINE OF ITS NORTHEASTERLY EXTENSION
NORTH 550 27' EAST 434.93 FEET TO THE SOUTHWESTERLY LINE OF SECOND
STREET IN TOWN OF CARLSBAD; THENCE NORTHWESTERLY ALONG SAID
SOUTHWESTERLY LINE OF SECOND STREET, NORTH 34 °33' WEST 100 FEET;
THENCE SOUTH 550 27' WEST 499.74 FEET TO THE NORTHEASTERLY LINE
OF SAID RAILWAY RIGHT OF WAY; THENCE SOUTH 34033? EAST ALONG SAID
RIGHT OF WAY 275.74 FEET TO THE POINT OF BEGINNING.
S I
JOINT VENTURE AGREEMENT
This agreement, made this 15th day of January , 1985,
by and between Charles F. Rowe , John J. Berutti
Angelo Garofolo, Jr. (TAMARACK 7, A JOINT VENTURE), Akira Nishimoto
KyoNishimoto, Burt Y. Nishimoto and James R. Alberts
hereinafter collectively referred to as "Joint Venturers".
WHEREAS, as the of the date of this Agreement, the "Joint
Venturers" are the owners of that certain real property located in the
City of Carlsbad, County of San Diego , State of
California, hereinafter referred to as the "subject real property",
being more particularily described as follows:
See Exhibit "A" which is incorporated
herein by this reference.
WHEREAS, the "Joint Venturers" consider is advisable to hold,
develop and market the "subject real property" through the joint ven-
ture subject to the terms and conditions set forth in this agreement;
and
WHEREAS, the "Joint Venturers" desire to have an organization to
allow the "Joint Venturers" to participate in business activities
jointly.
IT IS THEREFORE AGREED:
1. PURPOSE. The "Joint Venturers" hereby form a joint venture
for the purpose of holding, developing and marketing said "subject
ial property", either in whole or in part, subject to the terms and
conditions set forth in this Ageement0
2. NAME OF JOINT VENTURE. For the purpose of readily indri
tifying this joint venture, it is hereby stated that it shall be known
by the name of "ROOSEVELT 42, A JOINT VENTURE", and said name shall be
- 1 -
.
.
used in all transactions related to purposes of this joint venture,
including among other things, the acquisition of record title of the
"subject real property" in said joint venture name and the sale of any
such subject real property in said joint venture name.
3. ACQUISITION OF THE "SUBJECT REAL PROPERTY". Upon execution
of this Agreement, the "Joint Venturers" shall transfer title to the
subject real property to the name of the joint venture, free and clear
of all liens and encumbrances, subject to the terms and conditions set
forth in this Agreement.
4. DEVELOPMENT OF THE "SUBJECT REAL PROPERTY". The joint ven-
ture contemplates developing the "subject real property" as a 42 unit
condominium project, hereinafter referred to as the "project",
according to the plans attached hereto as Exhibit "B", which are
incorporated -herein by this reference. The "Joint Venturers"
recognize that said plans may be significantly altered in the course
of obtaining all necessary clearances, authorizations, permits and
approvals of those governmental entities with jurisdiction over the
"subject real property", for the development, construction and
marketing of said "project". The "Joint Venturers" further recognize
that said plans may be significantly altered during the course of
negotiating and obtaining a construction loan as set forth below;
during the course of the preparation of final working drawing for the
construction of the project; and during the course of constructing
said project.
Due to the uncertain effect of land use, environmental, zoning,
building code, and other governmental regulations which may apply to
the subject property, and which may depend upon aspects of the joint
venture's plan for the use of the "subject real property", each of the
- 2 -
I
"Joint Venturers" shall make his or her own inquiry and investigation
concerning the permissible uses of the "subject real property".
5. FINANCING. Upon execution of this agreement, the joint
venture shall diligently apply for adequate financing necessary for
the completion of the project. The construction loan.to be applied
for shall not exceed $ 2,000,000.00 without the unanimous written con-
sent of the "Joint Venturers". Each of the "Joint Venturers" shall
cooperate in the application for said financing. The terms and con-
ditions of said financing shall be subject to the consent of the
majority of the "Joint Venturers". The "Joint Venturers" shall each
execute a construction loan approved by the majority of -"Joint
Venturers". In the event the construction loan is not sufficient to
pay off the cost of acquisition of the property, then the "Joint
Venturers" shall make an additional contribution to cover said cost.
In the event an additional contribution is required by the
majority of the "Joint Venturers" as required under the terms of this
agreement, each "Joint Venturer" agree to forthwith make said contri-
bution upon thirty (30) days written notice to do so. In the event, a
"Joint Venturer" fails to make said contribution that "Joint
Venturer's" share shall be adjusted downward pursuant to the amount of
the contribution that is not made. The "Joint Venturers" contri-
buting more than their share shall have their share adjusted upward.
6. GOVERNMENTAL APPROVALS OF PROJECT. Upon execution of this
Agreement, the "Joint Venturers" shall diligently apply for and process
all necessary clearances, authorizations, permits and approvals of all
governmental entitles with jurisdiction over the development, construc-
tion and marketing of the "project". Each of the "Joint Venturers"
shall cooperate in the application for and processing of said clearan-
-3-
11
FQMZ
ces, authorizations, permits and approvals.
7. PRELIMINARY EXPENSES. The "Joint Venturers", in equal shares,
and as required, shall advance to the joint venture, all preliminary
expenses incurred by the joint venture in the process of negotiating
and obtaining the above-referenced financing, in applying for and pro-
cessing-the above-referenced governmental approvals, clearances,
authorizations and permits; in preparing all necessary plans, working
drawings and specifications for the construction of the project, and
all expenses necessarily incidental to the aforementioned activities.
Said preliminary expenses shall be reimbursed out of the first "draw"
of the constructibn funds obtained pursuant to Paragraph 5, above.
8. CONSTRUCTION OF THE PROJECT. California Bldrs. shall act as
the General Contractor for the completion of the construction of the
project, and shall receive a flat fee for said services pursuant to the
attached Exhibit "C", which is incorporated herein by this reference.
Said flat fee shall be an expense of the joint venture.
9. ADVANCES TO THE JOINT VENTURE. No "Joint Venturer" shall
lend or advance money to or for the joint venture's benefit without the
approval of a majority of the "Joint Venturers."
If any "Joint Venturer", with the requisite consent of the other
"Joint Venturers", lends any money to the joint venture, the loan shall
be a debt of the joint venture to that "Joint Venturer" and shall bear
interest at the rate of prime rate 12% per annum. The liability
shall not entitle such lending "Joint Venturer" to any increased share
of the joint venture's profits and losses.
10. MANAGING JOINT VENTURE. For the purpose of effectuating the
purposes of this joint venture, the "Joint Venturers" do hereby
appoint Charles F. Rowe, acting alone, as their agent, to act in
- 4 -
S
the name of and for the joint venture in accor dance with the powers and
duties as hereinafter set forth and subject to the terms and conditions
of this Agreement and any amendments thereto. In the event of the
managing Joint Venturer's death or disability, a successor managing
Joint Venturer shall be selected by a majority of the surviving and
successor "Joint Venturers".
11. POWERS AND DUTIES OF MANAGING JOINT VENTURER. It shall be the
duty of the managing "Joint Venturer" to hold each of the undivided
fractional shares of the subject real property for the benefit of and
as agent for the respective "Joint Venturers". The managing "Joint
Venturer" shall prepare, maintain or shall have prepared and main-
tained, proper books, proper accounts and accounting records for the
joint venture.
The fiscal year of the partnership shall be:
A Calendar Year.
The joint venture books shall be kept on the cash basis.
A yearly accounting, made as soon as practicable after the close
of the joint venture fiscal year, shall be available to each of the
"Joint Venturers". This accounting shall be conclusive upon the Joint
Venturers and shall not be modified except for some manifest error
discovered and protested within six (6) months of the date of the
accounting.
The managing "Joint Venturer" is hereby authorized to acquire and
hold in the name of the joint venture, on behalf of the "Joint
Venturers", the subject real property, and to pay the consideration
therefore pursuant to the terms of this Agreement; to sign promissory
notes and deeds of trust in accordance with the terms of this Agreement
and the terms of the escrow at the time, manner and circumstances
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V V
therein set forth; to pay the actual costs of any and all escrows
relating to the marketing of the subject real property or the transfer
of any and all interest in said subject real property; to sign any
necessary escrow instructions in the name of the joint venture, on
behalf of the "Joint Venturers"; to consumate sales of the subject real
property upon such terms and conditions as are satisfactory to the
managing "Joint Venturer"; to retain and employ an attorney for the
purpose of aiding and assisting the managing "Joint Venturer" and the
"Joint Venturers"; to retain and employ real estate professionals for
the purpose of aiding and assisting the managing "Joint Venturer" and
the "Joint Venturers" in marketing the subject real property; to obtain
any required insurance incident to the "Joint Venturers" ownership of
the subject real property; to pay taxes, assessments and other govern-
mental levies upon such subject real property; to enter into in the
name of the joint venture any contracts for the sale of all or part of
the subject real property subject to the terms and conditions of this
Agreement and any amendments thereto; to open any bank account or bank
accounts in the name of the joint venture from which account or
accounts funds may be disbursed upon the signature of the managing
"Joint Venturer"; to employ an accountant to aid and assist the agent
in the preparation of the books of account of. the joint venture to
execute any necessary documents in connection with any loans for impro-
vements on the subject real property of the joint venture subject to
the terms and conditions of this agreement: and to do all, reasonable
and necessary things that are required as an incident to the ownership,
maintenance, development, financing, and improvement and marketing of
the subject real property.
In the event any further authority is required by the agent for
I
0 I
_ -
the purposes of consummating the purposes of this Agreement, the
managing Joint Venturer shall first seek the oral approval of a
majority of the "Joint Venturers", and such oral approval shall later
be reduced to writing. Each of the "Joint Venturers" hereto agree to
abide by the decision of a majority of the members of the joint ven-
ture, except as to those matters set forth in this agreement which
require the unanimous consent of the "Joint Venturers".
12. JOINT VENTURERS' SALARIES. No "Joint Venturer" shall be
entitled to any salary by virtue of his status hereunder as a "Joint
Venturer" or managing "Joint Venturer".
13. INDEMNIFICATION. Each "Joint Venturer" shall indemnify and
hold harmless the joint venture and each of the other "Joint Venturers"
from any and all expense and liability resulting from or arising out of
any willful misconduct or gross negligence on his or her part to the
extent that the amount exceeds the applicable insurance carried by the
joint venture.
The managing "Joint Venturer" shall not be personally liable for
any acts performed in goo d faith nor for anything save willful miscon-
duct or gross negligence. The "Joint Venturers" shall indemnify the
managing "Joint Venturer" against any loss or liability which the
managing "Joint Venturer" may be subject to on account of any act or
thing hereunder.
The managing "Joint Venturer" shall take out and keep in force
and effect during the term of this joint venture, liability insurance
to protect against any liability to the public incident to the use of,
development of, construction upon, or resulting from any accidents
occurring in or upon the subject real property owned by the joint ven-
ture. The liability and such insurnce shall not be less than
- 7 -
I I
$ 1,000,000.00 Dollars for any one person injured, or $ 11000,000.00
Dollars for any one accident, or $ 1,000,000.00 Dollars for pro-
perty damaged. The premiums on such insurance policies shall be an
expense of the joint venture.
14. TRANSFER OF JOINT VENTURER'S INTEREST. A "Joint Venturer's
interest in the joint venture shall not be transferred, in whole or in
part, except by succession or testamentary disposition on the Joint
Venturer's death, and any other purported transfer of all or part of a
"Joint Venturer's" interest shall be void and of no effect against the
joint venture, and other "Joint Venturer", any creditor of the joint
venture, or any claimant against the joint venture.
Notwithstanding the preceding paragraph, any "Joint Venturer" may
assign or transfer any or his or her interest in the joint venture,
without consent of the non-assigning or transferring "Joint Venturers",
and without release from liability hereunder, to another legal entity
if, immediately following the assignment or transfer, the Joint
Venturer making the assignment or transfer owns at least 51% of that
new legal entity's voting rights, or in the case of the creation of a
trust, the "Joint Venturer" has transferred his or her interest to such
trust.
15. CONTINUANCE OF THE JOINT VENTURE. The joint venutre shall not
be dissolved by the death or the physical or mental disability of any
"Joint Venturer" or admission of any new "Joint Venturer".
On the death or physical or mental disability of any "Joint
Venturer', the others shall not liquidate or wind up the affairs of the
joint venture, except as otherwise provided in this Agreement s but
shall continue to conduct the joint venture under the terms of this
Agreement with any successor or transferree of the deceased' or disabled
IOUM
E I
"Joint Venturer."
New "Joint Venturers" may be admitted to the joint venture, but
only with the written approval of all of the "Joint Venturers". Each
new "Joint Venturer" shall be admitted only if he shall have executed
this Agreement and an appropriate supplement to it, in which he or she
agrees to be bound by the terms and provisions of this Agreement as
they may be modified by that supplement.
In the case of the death or permanent physical or mental disabi-
lity of C. F. Rowe , the "Joint Venturers" shall retain a new
General Contractor to complete the construction of the project on terms
and conditions acceptable to the marjority of the "Joint Venturers".
16. OUTSIDE ACTIVITIES ANTICIPATED. It is understood and agreed
that each "Joint Venturer" may engage in other enterprises, including
enterprises in competition with the joint venture, and that the joint
venture but may take advantage of those opportunities for their own
accounts or for the accounts of the other "Joint Venturers" or
enterprises with which they are associated. Neither the joint venture
nor any other "Joint Venturer" shall have any right to any income or
profit derived by any "Joint Venturer" from any enterprises or oppor -
tunity permitted by this paragraph.
17. DIVISIONS AND DISTRIBUTION OF PROFITS AND LOSSES. The profits
and losses of the joint venture shall be shared equally among the
"Joint Venturers".
The profits, if any, or the joint venture, shall be distributed
46
QO aw
as follows:
Venturer
TAMARACK 7, A JOINT VENTURE
AKIRA & KYO NISHIMOTO
BURT Y. NISHIMOTO
JAMES R. ALBERTS
Percentage
25%
25%
25%
25%
18. VOTING RIGHTS. It is hereby agreed that each of the "Joint
Venturers" shall have an equal vote regarding any actions required by
this Agreement to be approved by the majority of the "Joint Venturers",
irrespective of the contributions and advances made by or the creditor
status of the "Joint Venturers".
19. RIGHT TO INSPECTION. All documents evidencing the "cost of
construction" of the "project", and all other documents, and accounts
prepared or maintained by, for or on behalf of the joint venture shall
be available for examination and inspection upon reasonable request of
any of the "Joint Venturers".
20. COMMISSIONS. No real estate sales commission(s) shall be paid
on account of any sales or transfers of any units of the project to any
of the "Joint Venturers" or for the transfer of the subject real pro-
perty to the joint venture.
No real estate sales commission shall be paid on account of any
sales or transfers of any of the units of the project which sales or
transfers are consummated through the efforts of any of the "Joint
- Ventv?evO ,unLosisted by any real estate professionals retained by the
jCnt -venture.
21 TERMINATION As otherwise unanimously agreed to by the "Joint
Venturers", the joint venture shall terminate upon the complete
- 10 -
marketing and transfer of all the units of the completed project and
the complete distribution of any profits therefrom, all in accordance
with the terms and conditions set forth in this Agreement.
22. SUCCESSION. This agreement and any amendment (s) thereto
shall be binding on and inure to the benefit of the respective suc-
cessors, assigns and personal representatives of the parties, except to
the extent of-any contrary provision in this Agreement or any
amendment (s) thereto.
23. AMENDMENTS. This Agreement may be amended at any time from
time to time, but any amendment must be in writing and signed by each
person or entity who is then a "Joint Venturer".
24. SEVERABILITY. If any term, provison, covenant or condition of
this Agreement or any amendment (s) thereto is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the rest of
the Agreement and any amendments (s) thereto shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated.
25. NOTICES. Any written notice to any of the Joint Venturers
required or permitted under this Agreement or any amendment (s) thereto
shall be deemded to have been duly given on the date of service if
served personally on the "Joint Venturer" to whom notice is to be
given, or on the third (3rd) day after mailing if mailed to the party
to whom notice is to be given, by first class or airmail, postage pre-
paid, and addressed to the addressee at the address stated opposite his
or her name below, or at the most recent address, specified by written
notice, give o thc by t- ddee under this provision.
Notices to thoi joint. Thii be iilarly given and addressed to
it at its principal place of business.
26. PLACE OF BUSNESSO The joint venture's principal place of
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. 0 . 1_ 'p
business shall be at 3138 Roosevelt Street, in the City of Carlsbad, in
the County of San Diego, State of California. The principal place of
business may be changed from time to time and other places of business
may be established by actions taken in accordance with the provisions
of this Agreement and amendment (s) thereto that govern matters of the
joint venture's business and affairs.
27. ENTIRE AGREEMENT. This instrument contains the entire
Agreement of the parties relating to the rights granted and obligations
assumed in this instrument. Any oral representations or modifications
concerning this agreement shall be of no force or effect unless con-
tamed in a subsequent written modification signed by the party to be
charged.
EN WITNESS WHEREOF, the "Joint Venturers" have executed this
Agreement as of the date and year first
.
P. 0. Box 142, Carlsbad, CA 92008
75
t?b j4-1
AKIRA & KYO NISHIMOTO
c/o P. 0. Box 142, Carlsbad, CA 9200E
(address)
tTRT 1. ISHIMOTO
do P. 0 ,,Bo2% 142, Carlsbad, CA 92008
(/adres)
S R ALBERTS
P. 0. Box 142, Carlsbad, CA 92008
(address)
(address)
- 12 -
S 0
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED ENCLOSED NOT ENCLOSED (WHY)
Tentative Map
A
Site Plan
B
Landscape Plan
Bldg. Elevation
8½ Site Plan
8½ Location
EIA_________________
PFF
Disclosure Stmt
Property Owners
J
300' Map
K
School Letter
L
PTR
Sewer
Colored Exhibit
0
Stirth of Agree- flEn
P
RECEIPT NO. DATE
r 0 1
CASE NO.: DAM RECEIVED:
fr 3 7
Prior Compliance: Published:
Filed: Filed:
NEGATIVE DERATIC:__________________________
Posted: Notice of Detemnination:
ENVIRONMENTAL IMPACT REPORT:___________
Notice of Notice of Notice of
Preparation: Detennination:
PLANNING44ISSic
1. Date of Hearing:_____________________
2. Publication:_____________
3. Notice to Property ners:______________
4. Resolution No._______________________
(Continued to:__________________________
5.Appeal:
CI'I? COUNCIL
1. Date of Hearing:_______________________
2. Notices to City Clerk:___________________
3. Agenda Bill:
4. Resolution No.
5. Ordinance No.
Date:_____________ ACTION:
U)
Date:_______ ACTION:'
Date:
)
CORRESPONDENCE
Staff Report to applicant:___________________
Resolution to applicant:_____________________
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