HomeMy WebLinkAboutPIP 89-06; Bassi Court; Planned Industrial Permit (PIP)J ity of Carlsbad ~075 Las Palmas Drive
Carlsbad, CA 92009
(619) 438-1161 \
4\ •
Fee $100.00
PLANNING DEPARTMENT
PLANNED INDUSTRIAL PERMIT
Complete Description of Project (attach additional sheets if necessary)
Legal Description (complete)
Zone General Plan
'PM ::t:
Owner
Name (Print or Type)
\"'\ 1'2-~ M rt.JS ~5":::. I
Mailing Address
21'2..1 'PM..DMM<-AI P.fbi2.'T I'D
City and State Zip Telephone
CAtZ.LSe>PO cA. ~ lc>l 4
I CERTIFY THAT I AM THE LEGAL 0 NER
AND THAT ALL THE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLE;DGE.
SIGNATl{RE ~ ~ h~~
DATE
Date Application Rec d
3-jD-cfy
PROJECT NUMBER (S)
PIP ?'1-~
Assessors Parcel Number
~I~-tJq;z_ -Jf.o
Existing Land Use Site Acreage
Ya..c.zn+ 4"\ , 811 ,. er
Applicant
Name (Print or Type)
'PLANT · Co:>~ , I "'C. .
Mailing Address
"Z:Oeb CAI-'111\lC> \fiCA f2.ebLE ~ \Q\
City and State Zip Telephone
CArZ.l.Sf:>PrP CA-9'2.llO"i lt.l '1 )43B·$"1C! I
I CERTIFY THAT I AM THE OWNER'S
REPRESENTATIVE AND THAT ALL
THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
DATE
~·ID·b
Receipt No.
.-:-" -·
CITY OF CARLSBAD
1200 ELM~-. O::NUE CARLSBAD, CALIFO~ .•• A 92008
438·5621
REC'D FROM, _ _,_72c.>.LI.<i4"'""'-""'--ip"""-'a""-4/Jd.,¥·=· """"':'------__________ DATE
ACCOUNT NO. DESCRIPTION
<?;,! /{ / / .. ' / k__ 2 -;:::;
1/(1/ -_; J I p IP ''""'"''!· .. ., ' '
PFF ~ J11Ieu/'(l;t-~.~. (~ ( ,.-:·_ j ( --/ ( 1 .• !) Ui'c( ,f .• _ . ..__.. / • ! {"""'
I .'--'•-~· ,_,..., _..._._-,
,"'.
RECEIPT NO. op~,, 7 . . ,,i \' .L TOTAL
AMOUNT
!7sifJO
"'" /O,{J i{)O .......... 2,;5{1~\S) M~sc . ' ,. -
•J ·' I r:1.:t~;eo c;_-.,(·<··
I
I
I
I
I
I
I
I I I
I
I
I
-5ooioo
APPLICANT:
AGENT:
MEMBERS:
DISCLOSURE FORM
Name { ndivodual, partnership, joint venture, corporat on, syndication
J26B 'EABII...Ql\..HA ST . CAet..'!:::>'E?AD 1 CA9Zro9
usiness Address ~(o\q) 4-38-14-59
lephone Number ..
PlANT-c..ooK
Name
2 3BS CA HI NO V\04 ~'£5LE C.A'I<~S:B.A,D ,CA-'1200C:
B~iness Address
~lq) 4-'3B-519 \
Telephone Number
I NDI \J I I:::VAL.
Name {individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
~e::-~ AF"f''L\CA'NI
Home Address
Telephone Number
Home Address
Telephone Number
{Attach more sheets if necessary)
1/We understand that if this project is located in the Coastal Zone, !/we will apply
for Coastal Commission Approval prior to development.
1/We acknowledge that In the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. 1/We consent to entry for this purpose.
1/We declare under penalty of perjury that the information contained in this disclos·ure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
APPLICANT
BY
· A,.gent;OWner, Partner
Recording requested bv ~Tt vvART TITLe
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Computer Economics, Inc.
2121 Palomar Airport Road
Suite 200
carlsbad, CA 92009
THIS IS CERTIFU:, . .; BE A PUF ~ ... ' 1\CCU!>.ATE
COPY OF Tf!AT CERTAIN ltiS.cc•· 'i ilECOI!DQO
l_()::/i:__-:ff AS FilE NJ .J'Y=6.~.//~CJ :;1.
1 THE OFFICE OF THE COi.t:ITY l!ECORDER OF
:.\~ DIEGO COUNTY, CAliFORNIA.
DECLARATION OF
PARRING RESTRICTIONS
This DECLARATION OF PARKING RESTRICTIONS is made between Bruno &
Rita Bassi, as of the 1e day of September, 1989.
RECITALS
A. Declarant is the owner of certain real property in the City
of Carlsbad, county of San dieqo, State of California, (the
"Property") more particularly described as follows:
Parcel 4 of a sUbdivision of Lot 2, carlsbad Tract
81-46, Unit No. 1, in the City of Carlsbad, County
of San Diego, State of California, according to map
thereof No. 11287, filed July 16, 1985, in the
office of the county recorder of said San Diego
county.
B. Declarant desires to improve the Property by the
construction of a mixed-use project comprised of office,
manufacturing, and warehouse facilities containing
approximately 18,496 net usable square feet, as approved by
the Planped Industrial Permit number 1'1-t.< , dated '8-J.-'ir1 .
c. As a condition of the issuance of a building permit for
the construction of the above building on the Property, the
City of Carlsbad (the "City) requires that the various uses
for the Property be in such proportion of the total net usable
square footage so that 63 parking stalls on the Property
adequately serve the parking needs for the Property, based
upon the following parking ratios established by the City of
Carlsbad:
Office:
Manufacturing:
Warehouse:
"llllS OOCUIIDil' WAS fll.Hl FOR J!ECOI!I)ING llY
STEWART TillE AS M ACCOMMODATION ONLY. IT HAS Nm' BEEN EX•.I:.iHED AS TO ITS EXECUTION
OR AS TO ITS EfFWT UI'ON TilE TillE, OR ITS
RECORDABilJTY."
1 stall per 250 SF of Net Usable
1 stall per 400 SF of Net Usable
1 stall per 1,000 SF of Net usable
J
~ I I •
..
NOW THEREFORE, Declarant hereby states the following:
I
0
~ ~ ,
" Q
" '!:
"" !1: !
~ --·-E-
"ia>-c:~ C:>:
·-0 ..... u
1. Covenant of Bestriqtign. The uses of the Property for
either office, manufacturing, or warehouse uses shall
at all times be in such relative proportions so that
the application of the established parking stall ratios
described in Recital c of this Declaration to the net
usable square footage of the uses corresponding to such
parking stall ratios will not cause the aggregate
parking requirements of the Property to exceed 63
parking stalls.
Notwithstanding the foregoing, if the parking
requirements of the City of carlsbad become less
restrictive, or more than 63 parking stalls are
established within the Property, the mix of uses may be
altered to permit a denser use so long as the parking
requirements of the Property, are not exceeded.
Whenever plans are sUbmitted for future Tenant
Improvements, the drawings shall indicate the type of
occupancy of existing and proposed uses and existing
number of spaces.
2. Bindina on Successors. The restrictions contained in
this Declaration shall bind Decl.arant, its successors
and assigns. All of such covenants, conditions, and
restrictions are intended to be and are hereby declared
to be covenants running with the land.
3, Enforcement. The City of carlsbad shall have the right
to enforce, by proceedings at law or in equity, the
restrictions imposed by the provisions of this
Declaration or any amendment hereto, including the
right to prevent the violation of the restrictinn ...
herein.
IndiVidual AcxnowledCJment
S'fATE OF CA5}t~/'Nbtt:6D } ss. cJCI tneundersigned,aNotaryPubiic\n
COUNTY Of' nC[QDEi:.. , ;n tne year 1L<:Z.J. before:;· ,p '-ft p .5,5;. -----
Ontnis3d dayol :D UJJO CV'V' t'-1 oCf. I
d State personally appeared vt: and tor said County an ,
•ldence) to be tne person_$
d to me on the basts of satisfactory e ~ :'
"'' so!i&Uy \\ii&W F t and acknowledged that
executed lt.
~~ z~ ;;>-.;:J
.. ...,.,.,..ttyi,.,._ll<erl'"'""'" lor prove J_tYl(j/
(j.(e..,_ subsCribed to tttis instrumen
whose nameS:.
------NotarY S••• -----1
···································: ..... "' :=~
~ -::l ·-~
•
* Q OfFIClKL SEAL : i -MARY K. MAC~IN • ; * ' . "''O""AR" PUSLIC-CAU• ORNL·I >t * ,.._1'& "" ~ ,,... ' , 0 'N • * • -i-.r. , . NOTARY BONO fiLE * % • • SAN DIEGO COUNTY : * . • * Co mission Expires August 20, 1991 * : ... :: .. :: ..••....•.........•....••.
F,.·20
~
,.--/ ESCROW INSTRUCTIONS TO: 6UYfR
FOR YOUR RECORDS
BOWf::ST ESCROW COMPANY
7660 FAY AVEI~UE, SUITE 0
LA JOLLA, CALIFORNIA 92037·4097
{619) 459-13300
Escrow II
Escrow Olficcr
Date
822894DT
Debra A. Turnbull
February 15, 1989
1. I have handed Agent, who has deposited into escrow, the sum of
~ And I will hand you, before close of escrow, the sum of
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
TO COMPLETE A TOTAL CONSIDERATION OF
$ 30,000.00
$445,000.00
$475,000.00
13. and any additional funds and/or instruments from me to enable you to comply with these instructions, before the time limit hereinafter
14. named, which you are to use and/or deliver, provided on or before (See Bel ow) instruments
15. have been filed for record enabling you to procure a Policy of Title Insurance from F ou n de r s Title Company
16. with the usual company's exceptions, with liability of $475,000.00
17. onrealpropertyinthe City of Carlsbad Countyof San Diego
18. State of Caltfornia described as:
19.
2Q Parcel 4 of Tentative ·Parcel Map No. 783, being a portion of Lot 2 of CARLSBAD TRACT NO.
21. 81-48 UNIT N.D. 1. according to Map thereof No. 11287, filed in the Office of the County
22. Recorder of San Diego County (the exact legal description shall follow upon recordation
23. of the Final Parcel Map, subject to Buyer's and Seller's approval);
24.
25. Showing title vested in:
26.
BRUNO BASSI and RITA BASSI, Husband"and Wife, and/or Assignee
27.
28.
29.
30.
31. FREE FROM ENCUMBRANCES EXCEPT:
32. 1a. General and Special Taxes for current fiscal year not due or delinquent, including any special levies, payments for which are included
33. therein and collected thereWith.
34. 1b. Lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue
35. and Taxation Code of the State of California.
36. 2. Covenants, conditions, restrictions, reservations, easements, rights of way of record, if any; also exception or reservations of oil,
37. gas, or mineral rights, if any.
38.
39. CLOSE OF ESCROW: This escrow shall close within 15 days after the recording of the
40. Final Map, which is currently awaiting approval from the City of Carlsbad, but no later
41. than June 30, 1989.
42.
4a CONTINGENCIES: The consummation of this transaction shall be contingent upon
4~ satisfaction of the following items:
45. 1. Buyer's approval of a Preliminary Title Report and Covenants, Conditions and
46. Restrictions, if any.
47. 2. Buyer's approval and verification that subject property contains at least 51.200
46 gross square feet and 44,897 net saleable square feet (net saleable square feet is
49. defined as gross square feet less slope outside of setback).
50. 3. Buyer's approval and verification of City Zone 5 requirements.
51. 4. Approval of Final Parcel Map by the City of Carlsbad, and the recordation of same.
52. 5. Buyer's approval and verification of the feasibility of all physical and economic
53. aspects of developing the property.
54. 6. Buyer's approval and verification of Carlsbad Airport Centre's Association assessment
55. and fees.
56. 7. Buyer's approval and verification of the annual assessment for subject property by
5~ Lot 2 Owners Association.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
Buyer and Seller agree that Contingencies No. 1. 2, 3, 5, 6 and 7 set forth above shall
be satisfied on or before March 17, 1989; lack of written objection within said period
shall constitute satisfaction of each contingincy. Upon satisfaction of all
conting~ncies set forth above, Buyer's deposit of $30,000.00 shall become non-
refundable, to be applied toward the purchase price at close of escrow, subject only to
the recordation of the Final Parcel Map. Should any of the contingencies be disapproved
within the stated time limitation, all deposits shall be refundable to Buyer, and this
transaction shall be cancelled, subject to signed cancellation instructions.
Contingency No. 4, approval and recordation of the Final Parcel Map, is a condition of
the time of close only and shall be satisfied by Seller prior to close of escrow.
CONTINUED ON PAGE TWO
: ~ BOWEST ESCROW COMPANY 7660 FAY AVENUE, SUITE 0
LA JOLLA, CALIFORNIA 92037·4097
(619) 459·8300
ESCROW INSTRUCTIONS
Escrow No. 822894DT Pago TWO Date February 15, 1989
1. PHYSICAL AND GEOLOGICAL INSPECTIONS: Buyer shall have the right to employ licensed
2. professionals to inspect, test and survey subject property, at Buyer's expense, on or
3. before February 24, 1989; written notification of any claimed defects shall be delivered
4. to Seller on or before March 11, 1989. Buyer's failure to notify Seller as provided in
5. the Purchase Contract shall conclusively be considered approval.
6.
7. INTEREST-BEARING ACCOUNT: Buyer's deposit shall be placed into an interest-bearing
8. account, with interest to be paid to Buyer at close of escrow; Buyer and Seller agree to
9. execute a separate authorization thereof, and Buyer shall execute a W-9 form to be
10. delivered to Torrey Pines Bank. Buyer agrees to pay a $20.00 set-up fee to Escrow Holder
11. at close of escrow.
12.
1~ ASSIGNMENT OF PROPERTY AGREEMENT: Buyer acknowledges that Bank of Montreal (hereafter
14. referred to as "BOM''). has made a loan to Seller secured by the Property Agreement for
15. security purposes. Buyer and Seller expressly agree for the benefit of BOM that BOM or
~~ its designee may enforce the obligations of the Agreement and this escrow with the same
17. force and effect as if enforced by Seller, and may perform in lieu of performance by
.8. Seller in satisfaction of Seller's obligations thereunder. To facilitate BOM's
19. performance of Seller's obligations, Buyer further agrees for the benefit of BOM to
20. execute any documents and instruments requested by BOM, including, without limitation,
21. supplemental escrow instructions. Nothing herein or in any document or instrument
22. relating to the assignment of Seller's interest in the Agreement to BOM shall obligate
2~ BOM to fulfill any of Seller's obligations under this Agreement unless BOM expressly
24. assumes such obligations or undertakes to fulfill such obligations in writing.
25.
2~ LIQUIDATED DAMAGES AND ARBITRATION NOTICE: Buyer and Seller acknowledge that the
27 . Purchase Contract contains a Liquidated Damages Clause and Arbitration Notice which have
28. been initialled by all parties; said Liquidated Damages Clause and Arbitration Notice are
29 incorporated herein by reference thereto. The parties hereto specifically acknowledge
30. that: (1) Escrow Holder is not to be concerned with the above provisions in any regard.
31. except as Escrow Holder may be specifically and mutually instructed in writing by all
3~ parties; (2) these provisions do not constitute an instruction or direction to Escrow
33. Holder: (3) Escrow Holder is hereby released, indemnified and held harmless from any
34. liability arising from the inclusion of the above provisions in this escrow.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
MEMORANDA: The following items are set forth as memoranda only, of which Escrow Holder
is to have no responsibility or liability:
1. Seller is the sole owner of the premises and has full authority to sell, convey and
transfer premises to Buyer.
2. Seller warrants: (A) the truth and accuracy of all documents; (B) that there ar.e no
public or private actions against subject property; and (C) the premises to be a
legal lot in the City of Carlsbad.
3. Seller shall (to be interpreted as mandatory) complete the cul-de-sac, as shown on
the Parcel Map, within 1BD days after the close of escrow.
4. Seller agrees to pay any College Avenue Assessment Bond pertaining to subject
property, and to pay for total construction costs of the cul-de-sac.
5. Buyer agrees to participate in the Lot 2 Owners Association, and to review, approve
and execute all documents necessary to establish same. The Association shall
allocate costs among all Lot 2 owners in proportion to the net saleable· square feet.
6. Buyer has received and hereby approves: (A) The Declaration of Covenants, Conditions
and Restrictions for Carlsbad Airport Centre Owners Association; (B) The Specific
Plan for the Carlsbad Airport Centre; and (C) The Architectural Guidelines for the
Carlsbad Airport Centre.
7. There is no personal property to be conveyed; the property has no buildings or
improvements. Buyer is acquiring the property "as-is," provided only that Seller
record the Final Parcel Map and complete the street and utility improvements required
thereon. No representations or warranties, express or implied, have been made by
Seller except as expressly set forth in the Purchase Contract.
8. Seller warrants, through the date possession is made available to Buyer: (1) property
shall be maintained in the same condition as upon the date of Seller's acceptance;
(2) All utilities necessary to develop the premises shall be brought to the boundary
of the premises, at Seller's expense, so that they are ready for hookup.
9. Seller warrants that Seller has no knowledge of any notice of violations of City,
County, State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other
governmental regulation filed or issued against the property. This warranty shall be
effective until the date of close of escrow.
CONTINUED ON PAGE THREE
: ~ BOWEST ESCROW COMPANY 7660 FAY AVENUE, SUITE 0
LA JOLLA, CALIFORNIA 92037-4097
(619) 459·8300
ESCROW INSTRUCTIONS
Escrow No. 822894DT Page THREE
1. MEMORANDA (Continued)
Date February 15, 1989
2. 10. Buyer represents and warrants to Seller that he has not negotiated with or through
~· Grubb & Ellis in any manner in connection with this transaction and that this
~ transaction is separate and distinct from the negotiations of. Bassi and Lyons
~ Development on Lot 1&.
6. 11. Buyer acknowledges that subject property is within Zone 5 of the City of Carlsbad
7. Local Facilities Management Plan; than an assessment district and/or community
a facilities (Mello-Roosl district is being formed to provide various city facilities
9. required by Zone 5 by the Plan. Buyer agrees to cooperate in the formation of such
10. district.
11. 12. All parties acknowledge and are aware that Michael Kevin Murphy represents the Buyer
~~ exclusively.
13.
1~ REAL ESTATE REPORTING REQUIREMENTS: In accordance with Internal Revenue Code, Section
1~ 6045, Escrow Holder is ·required to report certain information regarding this transaction
:~ to the Internal Revenue Service at close of escrow; in connection therewith. a W-9 form
1~ will be handed to Seller to be completed, signed and returned to Escrow Holder. Seller
,a understands that he may be subject to civil or criminal penalties imposed by law under
19. the Tax Reform Act of 1986 for failure to provide the correct taxpayer identification
m. number to Escrow Holder.
21.
22. DISCLOSURE: FOREIGN PERSON: Under the Foreign Investment in Real Property Tax Act
23. (FIRPTA), Internal Revenue Code Section 1445, every Buyer of U.S. real property must.
24. unless an exemption applies, deduct and withhold from Seller's proceeds ten percent (10%)
25. of the gross sales price. The primary exemptions are: No withholding is required if (a)
26. Seller provides Buyer with an affidavit. under penalty of perjury, that Seller is not a
D. "foreign person," or (b) Seller provides Buyer with a "qualifying statement" issued by
28. the Internal Revenue Service, or (c) Buyer purchases the real property for use as a
2~ residence and the purchase price is $300,000.00 or less and if Buyer or a member of
30. Buyer's family has definite plans to reside at the property for at least 50% of the
31. number of days it is in use during each of the first two twelve-month periods after
32. transfer. Seller and Buyer agree to execute and deliver as directed any instrument,
33. affidavit and statement, or to perform any act reasonably necessary to carry out the
34. provisions of FIRPTA and regulations promulgated thereunder. Seller's signature on these
35. Escrow Instructions warrants and shall constitute their affidavit to Escrow Holder, under
36. penalty of perjury, that Grantor is not a "foreign person" as described in IRC 1445. ALL
37. PARTIES MUST PLACE THEIR INITIALS BELOW, ACKNOWLEDGING THAT THEY HAVE READ AND UNDERSTAND
38. THE PROVISIONS CONTAINED IN THIS PARAGRAPH --THIS ESCROW WILL NOT BE CLOSED UNLESS
3~ BUYER'S AND SELLER'S INITIALS ARE AFFIXED BELOW.
40.
41. BUYER: (
42.
SELLER: (
43. DISCLOSURE: TAXES: Buyer is aware that property will be reassessed upon recordation of
44. the Grant Deed and transfer of ownership. Any supplemental taxes levied by San Diego
45. County after close of escrow will be the responsibility of the Buyer and will show as
46. possible exceptions to the Policy of Title Insurance to be issued. Seller to be
47. responsible for supplemental taxes received after close of escrow for prior years, and
48. Escrow Holder shall not be liable for same. BUYER IS AWARE THAT THE SAN DIEGO COUNTY
49. RECORDER WILL CHARGE $20.00 IF A CHANGE OF OWNERSHIP FORM, COMPLETED BY BUYER, IS NOT
50. SUBMITTED WITH THE GRANT DEED AT TIME OF RECORDING.
51.
52.
53.
54. CONTINUED ON PAGE FOUR
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
/ i /
I / ,.:screw No. 822894DT Page FOUR Date February 15, 1989
If the unpaid balance of any encumbrance to be transferred, based upon the statement of beneficiary, or their agent, is more or less than
the sum stated above you are to adjust the N I A to
keep the total consideration the same.
Prorate or adjust the following items marked (x) as of Close of Escrow
( X~ Taxes (See "NOTE" below)
( ) Rents
( ) Interest on new purchase price encumbrance(s) if any
( ) Premium of Fire Insurance If transferred to buyer
( ) Interest and Impounded loan trust funds, if any, on encumbrance(s) of record being transferred to buyer
( X)f AssessmentsbyreasonofCovenants,CondltionsandRestrictlons (Carlsbad Airport Centre Association and
( l Lot 2 Owners Association, if applicable)
NOTE: You are instructed to base your tax proratlons on the latest tax figures as reported to you by the titre company,
regardless of the fact that the taxing authority may re-assess subject property, and the tax Information furnished you by the
title company may not be considered flnal.
FOR INFORMATION ONLY, REPUTED PROPERTY ADDRESS IS Parcel 4 of Tentative Parcel Map No. 783
Carlsbad, CA (not verified)
THE FOREGOING TERMS, CONDITIONS, CONSIDERATION AND INSTRUCTIONS, AS WELL AS THE GENERAL PROVISIONS SET OUT ON
FINAL PAGE, ARE UNDERSTOOD AND APPROVED IN THEIR ENTIRETY BY EACH OF THE UNDERSIGNED. I AGREE TO PAY ON DEMAND
USUAL BUYER'S CHARGES INCLUDING RECORDING DEED, DRAWING ANY TRUST DEED EXECUTED BY ME, DRAWING AND RECORDING
ANY OTHER DOCUMENTS NECESSARY ON MY PART, ONE-HALF OF YOUR SCHEDULED ESCROW FEE, ANY LOAN ASSUMPTION/
TRANSFER OR NEW LOAN FEES, AND ONE-HALF OF ANY TRANSFER FEE CHARGED BY ANY HOMEOWNER ASSOCIATION OR
MANAGEMENT COMPANY, IF ANY.
BUYER'S SIGNATURE
BRUNO BASSI RITA BASSI
Address: 2121 Palomar Airport Road, Suite 200, Carlsbad, CA
Telephone: (619) 438-7457
92009
THE FOREGOING TERMS, CONDITIONS, CONSIDERATION AND INSTRUCTIONS, AS WELL AS THE GENERAL PROVISIONS SET OUT ON
FINAL PAGE, ARE UNDERSTOOD, APPROVED AND ACCEPTED IN THEIR ENTIRETY BY EACH OF THE UNDERSIGNED. I WILL HAND YOU
GRANT DEED FOR SAID PROPERTY, NECESSARY DOCUMENTS AND/OR FUNDS CALLED FOR ON MY PART TO CAUSE TITLE TO BE SHOWN
AS ABOVE, WHICH YOU ARE AUTHORIZED TO USE AND/OR DELIVER, PROVIDED YOU CAN COMPLY WITH THESE INSTRUCTIONS AND
PROVIDED YOU WILL HOLD FOR MY ACCOUNT THE TOTAL CONSIDERATION AS SET FORTH ABOVE LESS ANY CONSIDERATION PAID
OUTSIDE OF ESCROW AND LESS THE UNPAID BALANCE OF ANY ENCUMBRANCE LISTED ABOVE, TOGETHER WITH ALL DOCUMENTS
DUE ME AS DESCRIBED ABOVE, WITHIN THE TIME AS ABOVE PROVIDED. YOU ARE AUTHORIZED TO PAY ANY ENCUMBRANCE OF RECORD
NECESSARY TO PLACE TITLE IN CONDITION CALLED FOR HEREIN.
COMMISSION, IF ANY, TO BE PAID BROKER(S) IS PROVIDED IN SEPARATE INSTRUCTIONS. I AGREE TO PAY USUAL SELLER'S CHARGES,
INCLUDING THOSE FOR POLICY OF TITLE INSURANCE, ONE-HALF OF YOUR SCHEDULED ESCROW FEE, DRAWING ANY DEEDS OR OTHER
INSTRUMENTS EXECUTED BY ME, OR FOR MY BENEFIT, OR NECESSARY ON MY PART, TRANSFER TAX, RECORDING ANY TRUST DEED
OR OTHER DOCUMENTS IN MY FAVOR, OBTAINING BENEFICIARIES' STATEMENT AND/OR DEMANDS, OBTAINING HOMEOWNER ASSOCIA·
TION STATEM.ENTS AND DOCUMENTS REQUIRED BY LAW, AND ONE-HALF OF ANY TRANSFER FEE CHARGED BY ANY HOMEOWNER
ASSOCIATION OR MANAGMENT COMPANY, IF ANY.
SELLER'S SIGNATURE
CARLSBAD AIRPORT CENTRE. a California limited partnership
By: By:
Address: 1921 Palomar Oaks Way, Carlsbad, CA 92008
Telephone: (619) 931-0244
CONTINUED ON PAGE FIVE
--------------------------------
//
/':.
I
822894DT PAGE FIVE Date: February 15. 1989
GENERAL PROVISIONS
/ 1. TIME IS OF THE ESSENCE OF THIS AGREEMENT. If, for any reason, this escrow cannot be closed by date set forth
herein, you shall nevertheless close It as soon as possible thereafter unless notice of cancellation Is given by either party.
Any notice of cancellation affecting this escrow, for whatever reason and whenever given, may be given only In writing. On
receipt of such notice you shall within five days mail one copy to the other party. Unless written objection thereto from such
other party shall be received by you within ten days after such mailing, you may comply with such notice and return all monies
and documents upon payment of your cancellation charges. In the event written objection Is received within the time stated
or in the event conflicting claims are made upon you In this escrow, you may refuse to take any further action hereunder.
As Escrow Holder, you have the absolute right at your election to file an action in Interpleader In a court of competent jurlsdlc·
tlon requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized
to deposit with the clerk of the court all documents and funds held in this escrow. In the ev.ent such action is flied, the principals
jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you
are required to expend or incur In such interpleader action, the amount thereof to be fixed and judgment to be rendered by
the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations to further
perform any duties or obligations otherwise Imposed by the terms of this escrow.
If this is a sale escrow, you may return lender's papers and/or funds upon lender's demand.
You are not liable or responsible for the sufficiency or correctness as to form, manner of execution, or validity of any
document deposited In this escrow, nor as to the Identity, authority or rights of any person executing same and the execution
of said documents by the undersigned shall constitute the acceptance thereon.
2. DEPOSIT OF FUNDS. All funds received In this escrow shall be deposited with other escrow funds In the general escrow
account or accounts of BOWEST ESCROW COMPANY, with any state or national bank, and may be transferred to any other
such general escrow account or accounts. All disbursements shall be made by check of BOWEST ESCROW COMPANY.
Any commlttment made In writing to BOWEST ESCROW COMPANY by a bank, trust company, Insurance company, or
savings and loan association to deliver its check or funds into this escrow may, In the sole discretion of BOW EST ESCROW
COMPANY, be treated as the equivalent of a deposit In this escrow of the amount thereof.
3. AUTHORIZATION TO FURNISH COPIES. You are authorized to furnish copies of these Instructions, supplements, amend·
ments, or notices of cancellation and closing statements In this escrow, to the real estate broker(s) and lender(s) named In
this escrow.
4. FOLLOW LENDER(S) INSTRUCTIONS, IF ANY.
5. PRORATIONS AND ADJUSTMENTS. Make prorations and adjustments on the following basis: (a) on a 30 day month,
(b) taxes and assessments on the latest Information from title company, or handed you, (c) fire Insurance from premiums shown
In policy(s) handed you and/or as shown on beneficiary's statement, and you may assume that necessary premiums have been
paid and policy Is In force. You are authorized to execute on behalf of the principals hereto, form assignments of Interest In
any insurance policy (other than title insurance) called for In this escrow, forward assignment and policy to the agent requesting
that insurer consent to such assignment and attach a loss payable clause or such other endorsements as may be required,
and to forward such policy to the lenders and principals entitled thereto, (d) Interest from Information shown In beneficiary
statement, and (e) rents from statement handed you by seller or agent thereof.
You are not responsible for any payment, adjustment or proration of a Homeowners Association (or similar) charge, fee
or unrecorded lien unless set forth In the escrow Instructions.
The phrase "close of escrow" (COE or CE) as used in this escrow means the date on which documents are recorded and
relates only to proration and/or adjustments unless otherwise specified.
6. YOU ARE UPON CLOSE OF ESCROW TO: (a) endorse any notes you draw as to beginning and final payment date and
date interest is to commence, (b) transfer any portion of the funds due either the buyer or seller to any other escrow you hold
If necessary or convenient, (c) you may forward, If not transferred to buyer, any fire Insurance pollcy(s) handed you for seller
to seller, or seller's agent, for cancellation with the unearned premium to be returned directly to seller.
7. USURY. You are not to be concerned with any question of usury In any Loan or encumbrance Involved In the processing
of this escrow and you are hereby released of any responsibility or liability therefore.
8. These instructions may be executed In counterparts, each of which shall be deemed an original regardless of the date
of Its execution and delivery. All such counterparts shall constitute one and the same document.
,;:~ OOWEST ESCROW COMPANY 7660 FAY AVENUE. SUITE 0
LA jOLLA, CALifORNIA 92037-4097
(619) 459-8300
AUTHORIZATION TO OPEN INTEREST-BEARING ACCOUNT
Escrow No. __ 8_2_28_9_4_D_T ______ _ Date __ F_· e_b_r_u_a_r__:y_l_5__;,_1_9_8_9 ____ _
Re: Parcel 4 of Tentative Parcel Map No. 783
TO: BOWEST ESCROW COMPANY
You are hereby authorized and instructed to cause Buyer's deposit of$ 30 000 • 00 to be placed into an interest·
bearing Money Market Account (hereafter referred to as "The Account") at Torrey Pines Bank, 1125 Wall Street. La Jolla, CA
92037, in the name of Bowes! Escrow Company as Trustee for the undersigned Buyer. It is understood that said funds are to be
held in The Account, but will be subject to all escrow instructions of this escrow and under the direction of the Trustee. Said
funds may be withdrawn at the discretion of the Trustee, but only for purposes of re-deposit into this escrow to the credit of
Buyer, without further written instructions from Buyer or Seller.
In addition to the initial deposit set forth above, you are authorized and instructed to place into The Account any additional funds
that may be deposited by Buyer during the escrow period, if any, without further written aulllorization, except for funds deposited
immediately prior to close of escrow, which will be held in escrow and will not earn interest.
It is understood that all interest accruing from said deposit(s) shall be credited to The Account, and at such time as funds are
transferred back into this escrow, the accrued interest shall be paid-directly to [XX ] Buyer [ ] Seller herein.
n the event this escrow should fail to close for any reason, all funds deposited into The Account, together with all interest
wcrued to The Account, shall be paid directly to Buyer herein, subject to signed cancellation instructions by both parties, unless
;aid cancellation instructions should provide for disbursement otherwise. It is specifically understood and agreed that, if escrow
nstructions executed by Buyer and Seller contain provision for liquidated damages or a non-refundable deposit, then this
\uthorization shall be governed thereby as though such provision was contained herein, and said cancellation instructions will
>e given accordingly.
tis understood that The Account shall be subject to Torrey Pines Bank by-laws. rules, regulations, and normal and customary
Janking practices.
;ELLER: BUYER:
:ARLSBAD AIRPORT CENTRE
ly:
BEC·60
····:···:~·-::..··::..···:··:····:···.;···:············--················-····························
RETURN TO PAYOR ADDRESS BELOW
TORREY PINES BANK
1125 WALL STREET
LA JOLLA, CA 92037
Whtl Numbtr lo Glv• th• Ptyor Give tho payer the soc•al sccwrly numbr!r or
employer rdentrlrcal!on number of 1M record own!H ol the account H the ac-
counl belongs lo you as an indivrdual, give your socrar security number. I! I he
account is in mo1e than one name or rs nol in I he name ol tho actual owner.
see lhe charl on reverse srde lor gwdellnos on whrch nurntJer to reporl
ADDRESS
IF NO PLEASE ATTACH CORRECTED ADDRESS.
BOW EST ESCROW COMPANY ITF
BRUNO BASSI and RITA BASSI
Escrow No. 822894DT
7660 FAY AVENUE, SUITE 0
LA JOLLA, CA 92037
llRUNO BASSI
RITA BASSI
. '
Cortlflcetl
provided on th1s r
Check t11e box if you are NOT subject
10 backup withholding 0
Backup Wlthho!dlniJ. You are subtect lo back~p
wrthholdmg rl 11) You tart lo lurnrsh your taJp~yer
rderllrlrcatron number to the payor. OR 121 The lnlernal
Revenue Servrce nolll1es lhe payor that you Jurms~&d
~n oncorrecr number. OR 131 bcc~use you have unaer
reported ootercsl or Oo.odenas or you were reQuued 10
but lallea lo hie a relurn wh•ch woulll ~ave mcludell a
reportabl~ rnterest 01 OovoOMd payment
II you M~e 1-101 been so notolrea c~eck rile box above
--~~~~~----~~~~--~-------------j';;g,,.tuco~--------------------------Data~-------Note-Read Reverse Side Carefully O•~r,aotrnr.m 01 the Treasury lnlcrnal Revenue Servrce
d
TO:
FROM:
VIA:
LAND USE ENGINEERING DIVISION TRA_NSMITTAL
PLANNING DIRECTOR
Jm /t,-1!!!J
4'(::-:l!/ ASSISTANT CITY ENGINEER~
DATE: rtn/d /9/3") 7
PROJECT ID • .PIP 89-6
? . , COMPLETENESS REVIEW AND ISSUES STATEMENT FOR
d2fl.SS/ c::?urr
The Engineering Department has completed· its review of the subject project for
application completeness. The application and plans submitted for this project
are:
Complete and suitable for continued Engineering review.
Incomplete and unsuitable for further review for the following
reasons:
/'v'Gi!Z? 7z:> :5::'6Y<-fi'T A .PAteZ./M/M"'FeY 777UE"" ~T ~A/P S?/D:<J/'l.u... ~~
1. .z.: ,11/ca;D 70 .:5#<7"<.1 ~.)7;" cq',e&..s> ~/SIP~ ... ;;;<C. · · 74.----a_.a,
Wm ~ .44o.:i"/A:U ,P~ez:> /Mc'i!§!PV@'11$?VT F6!e Yc.<.~.e &fM'l7i!: av<'--A:' ~-
3_ #C2iZ' 70 ~a) ~~L. :S~..J<S::7,Q</.,S~--a;~/,</C7#'49~
&N?> Ye;;:/,e ~/?~ ~ -.c;>£;-.9?C-.
4, £//Qa) §X/ST-A'V.O ~qz:;> ~7l:lt/fle .-<WD ~WCI!: s;Pe>T ~/177l¥-/-S •
.,Shb&.J EX~r. /?NO ~..,z, >t..t ~..<.--: ~,./ -"/.Mss
.>. ~«..! &X/.sr. <'/77JCI'?7es .w"'7i!:E-~..-~~A
YO</.e. /'A!b~ ~.:..s.
In addition the Engineering Department made a preliminary review of the project
for Engineering issues.. (See attached initial ·review and assessment
checklist.) Major engineering issues which will need to be resolved or
adequately addressed for this project are as follows:
c:
Also attached is a redlined check print of the site plan. This plan
should be given to the applicant for corrections and changes as
noted. Please have the applicant return the redlined print with the
corrected site plans to assist us in our continued review.
Project Planner Ghn:.:C Wff~
CITY OF CARLSBAD 18
EN&INEERIN& DEPARTnENT
(\) lfi-:-ftJAL"'''"REVIn:t~~.D;fJS~ESSIIEH-';CHECKLIST 7
PROJECT NAME• -Ed9ss/ ~r-/ PROJECT ro. Rr 83-6
l DCA T I ON: ~ff ~ .::>;:::_~/?<:> ~-;:(o,bA,_ ~4&ecz d$4w29r &J,/:.r lf:!y i/a:/ c?.year cfw~. CA:;=~~~s '783/.Pv.Pas-s:;J d.,
PROJECT ENGINEER: ...___Hh, /'-?'.wr@§i DATE Of REVIEW: ~//-tf.r/,989.
ITEM 16~~~', m:g: LUNltHN INORHIS£V£RE COHHENTS
1 • LAND Tl TLE:
It v need .f.:, .sub"" it-a -h+f-e.-r:eori A. Ex.ioting (eset~~antl a. Required E•••••nt• ,/ for ecl6emertfs-. c. Project Accesa
0. Ace••• to Public Reaourses v
2. TRAffiC: 'u. .._../ !/t)fl -s ie.. +ruck c.irw /$~ A. Count a. Street Copocity re· ;;:.--
c. [ntersection Capocity 2C. ...--does~ LUoi"IL.--~Must-o. Generation by Project pro vi e C"Jnd show .4o7 s(_4-2..F E • Sight Olst1nce /
f. Accident History . ._/ ~~adii..l5) -jyuck. /caflr:J a.~,
G • Control Devices ;, /
J • POTABLE WATER:
: "; ,_/ A • Project Olstrib. Adequocy
B. F'ire Protection ,) I. / c. Con for•. with Gen. Plan ' ; . v
SANITARY SEWERS: lu. ,_/ A • Treatment facil. Adequacy
8. Trunk Syate~ Adequacy I liB / c. Projact System Adequacy 14!:. .:;;.-
0. Pump Station RequirerRents !liD.
E. Other Disposal Methods I Iii ,_.--
f. Conform. with Gen. Plan 141'. ..--
; . GEOLOGY:
A • Hazards 5A. ~
8. Slopes I> -----70 5/loW .e.(.a7Ath'-" ,n'Al.P c. Grading ....... ~-" Q!PAJ72>dK!.S 0. Cut/Fill Balance ..----
E • Erosion Control ..--
F. Siltation ...--
G. Soils Report >1:". /
6. STORM WATER: ·12. tJi'Ji5l.? 70 SlfouJGK/.577#6'--AJ/.P A • On-Site facility Adequocy ,_...-
8. .orr-Site foclllty Adequocy -I'> ~t'b.SEV sv.s?CMS.
c. Proposed Discharge Type
0. Oiochorge Quolity ...--
E. Discharge Treat•ent. \ ....--
f. Master Drainage Plan ,. ....--
7. CONSTRUCTION CONTROL: I7A -A. Project Phasing
8. Project Scheduling 7B /"
c. O·rf-oite Haulage : . ._./
0. Proj. Access (Our. Conot.) '7
E • Materials Stockpi I ing 7E ....-
a ; [ T E AMENITIES: 'a A V' A. Street Trees
8. Irrigation Water 88 ......
c. Park Site ( .. it relates
to Engineering} Ia
o. School Site ._/
E • Street lighting Ia . ·...--
~ / // o;;;-<e:::::> ( ~/ ~/"'"7'/ ~y,-oce-rJ T)C:::LN~ ,__J
v=a~6/e .1--e-=/?0/~0ldk-./ ¥~acr~Cc?Ak f.{,~/nee17:yrevtew
- = /Jeffe;pheabtf-7f, ~IS rc&;fo;.,
SPECIFIC REQUIREMENTS
l. Five (5) copies of site plan (24" x 36" folded to 8 1/2 x 11") shall
include the following information:
1a-
;Jja
.,./ -
.-c/d!L--
0
o--
-
0-
D
0-
0-
/_
O-:
--tr-
/-
name and address of applicant, owner, engineer and/or architect,
etc., and their registration number.
/} /_ ~ ~~.£.-~ ~ all easements(~~~·-·~4<-~ ~ /V' d -~
dimensioned lpcation of: .si{O<>) 4o7 £dCC.e6S ~f3cFo<u JN.!.<Rucrr<NS:
~ccess,v'both pedestrian and vehicular, showing service areas and
points of ingress and egress, offstreet parking ande loading
areas showing location, number and typical dimension 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
('7¥xite. Pnila+e CLJf-d~sac.. all driveways, alleys and streets (with street names) to scale on
adjacent and across the street properties for a distance of 100 feet
beyond the limits of subject site
existing curbs, gutters, sidewal~s and existing pavi.ng widths within
100 feet on adjacent and across the street properties
watercourses
-t~ v;_,t_.,_ ~ typical street sections(~~ c-..e...-dJJ..-.-...-~
existing contours and proposed contours in 2' i nterva 1 ~ -shew :sr+ e/euat/orJ;J C'"'7'dl'Z_;'fl.~d)· · 1 d 'th' 100 f t f b' t 't t any ex1st1ng me 1an 1s an Wl 1n ee o su Jec s1 e neares
cross streets on both sides with plus or minus distances from subject
site
drainage facilities and/or flow linesl: ~~~~ ~~
location of all buildings within 100 feet of subject properties
grading quantities&---~ C-<-J+_3 {iff~; e:X(X'ff~ ;'
a vicinity map showing major cross streets
existing utilities within 100 feet of subject properties~~~
label all facilities as "existing" or proposed" ~~-..-
north arrow and scale
Page 1 of 2
2.
;Jja 3.
flja 4.
t<lp 5.
1o 6.
;fa 7.
-e 8.
;..Jj;;; 9.
A summary table indicating the following information:
date of preparation and revisions
street address and /or assessor's parcel number
site acreage
existing zone and land use
proposed land use
total building coverage
building square footage
percent landscaping
number of parking spaces
square footage of open I recreational space (if applicable)
cubic footage of storage space (if applicable)
Five (5) Preliminary Landscape Plans (24" x 36" folded to 8 1 /2" x 11")
shall ir.clude the following information:
Landscape zones per the City of Carlsbad Landscape Guidelines
Manual
Typical plan species and their sizes for each planting zone
An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone
Landscape maintenance responsibility (private or common) for all
areas
Percent of site used for landscaping
Five (5) building elevations and floor plans (24" x 3611 folded to
81/211 X 11 11 )
Floor plans with square footages included
Location and size of storage areas
All buildings, structures, walls and/or fences, signs and exterior
lights
One ( 1) copy of 8 1 /2" or 11" location map (suggested scale 200" -
vicinity maps on the site plan are not acceptable).
Environmental Impact Assessment Form ( $175) •
Public Facility Agreement: 2 copies; one (1) notarized original and
(1) reproduced copy.
Disclosure Statement.
Preliminary Title Report (current within the last six months).
Colored Elevation Plan.
Page 2 of 2
L.-0{,~ 1\0N M P<t7
tJ:f.?. l?~q?\CL?\)¢:1 ft-Al-4-('·C..oo~<-1 u-1£. . .4-·~\-~~
-----------
.. • ..
:-.:-.···.:·::-----_:_:~+1 -... · .. ··;'
-~-... ,..... . ... I
. .-~-:~:. : I
. .-;::.-.
6 SPit
7SA"1i
IJWtil
9 SEA
TO SAr..
-_1.!...SlfL_---
SBffe1
------..,::{---...
('"--4---, . ~ ......
L--~
.. J~f!CJ:!Q .
-~t-"lf"t..lAt-k:.~ 0/ AtR!?c?r'C.1 C.. L-.V,P,
e-A..~ I C::OlJI'Z..t 1?~'1'" .. ~K ,ttJc.. A-· £-t·ea'.)