HomeMy WebLinkAboutPP 24D; HUGHES INVESTMENTS; Precise Plan (PP)-.I,::..at further
(;. j APPLICANT::
AGENT:
.... .
. . .
. _ NEHBERS:
infornation i.equired. you win b. so ad.ed_ .
Hughes Investments, a California general partnership
Name (individual, partnership,. joint venture, co~poration~ syndicatio~)
T~iTO Corporate Plaza, Suite. 250,; .NewjJQrt B·each., CA .9266{)
Business Address
714/759. .9531
SGPA, INC. . Attn:· Ron Roberts
Name
440 Upas· S·treet, ·San. Di.ego:. ~A 92103
Business Addres~ .
n4!2·97-:-0l?·1· ... ' .... . :-:
Telephone· Number· .,'
7 Burning Tree, Newport Beach, CA 92660
Name '(in4ivid~al, partner, 0 joint:
venture, corpo~atl(:m,. syndication)
Eome ~..ddress
rW9 Corp?rate.Plaza, Sti~te ~50, Newpqrt Beach, CA 92660
Business Address
714/759--9531 714/759-8~22
Telephone N~~er Telephone NQ~r
Thomas H. Purcell 18742 Via Verona, Irvine, CA 92715
Home Address
Two Corporate Plaza, Suite.250, Newpqrt Beach, CA 92660
3'.lsiness Address·
714/759-9531 . 714/752-0277
~:lephor.e N~er Telep~ne ~~u.wer
oJ~ See Addendum
--.
(Attach more she·ets if necessary)
1/1-7e decla:;:e u!"!de~. penalty of perjury that the info.rrr:ation contained in this dis-
closure is true and correct and that it will remain true and correct and ~ay be'
relied upon as being true and correct until a~ended_
HUGHES INVESTMENTS..) a California general
o partnershfp #ZH~L~
BY ~~/
----~--~~--~~------~~-------A9.~nt, o-_.;r.~.r'h P2.rt.n.::>r o"e·neral-Pa.rtner Hi"lliam W. Hug es Jr;. 'Y
, \
,-:-"_ .. 'KE',(fhRDING REQUESTED B~ND
<;". " r< ~H).;N RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
)
)
)
)
)
)
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Space'above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name .
City of Car,lsbad
Parcel No. --------------------------------------
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FKE
THIS AGREEMENT ~s entered into this t[jC/.., day of September
by and between
HUGHES INVEST}lliNTS
(Name of Developer)
a general partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developerll Hhose address is
~vo Corporate Plaza, Suite 25G
NeHport Beach, CA 92660 (Street)
(City, State, Zip Code)
and See Addendum
(Name of Legal Owner)
'~ hereinafter referre~ to as
(Corporation, etc.)
"Owner" whose address ~s
:See Addendum
(Street)
(City, State, Zip Code)
AND
1982
[he CITY OF CARLSBAD" a municipal corporation of the State of Ca,tifornia,
... ~~eir:llftC!r rt:f~rred to as "City", whose address 1S 1200 Elm AVE:nue,
Carlsbad, California, 92008.
... .
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RECITALS •
WHEREAS, Owner 1S the'owner of the real property described on
Exhibit "All, att·ached to and made a par,t of this agreement, and
hereinafter. refer.red to as ,IIPrope-rty"; an'd
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: ------------------
a 17-acre retail/commercial p.roject
on said Property, which develobment carr1es the proposed name of
NORTH COUNTY PLAZA
and 1 she rei n aft err e fer red t 0 a s II D eve lop me n til; and
WHEREAS, Developer filed on the 27th' day 0 f August
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19 82 with the City a reques~ for zone cbange' and Precise Plan Amendment
hereinafter referred to as IIRequest ll ; and
WHE~EAS, the Public Faciliti~s Element of the City General Plan ,I
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or stich development shall not be approved (said element 1S 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
fa c iii tie s' and 8 e r vic e ·s· are a t-cap a.c._i~~2:.1 1 not b e a v ail a b 1 eta
;~~==~odate the additional need for'public facilities and services
=e~~lting from the proposed Development; and
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WHEREAS, Developer and Owner have asked thee ',C~ty 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 Ci~y cannot and will not be
able to make any such findings without 'financial assistance to pay
for such services and facilities; and, ther~fore, D~Veloper and
Owner pro~ose 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'partie~ agree as follows:
1. Th,e 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 s,tructures to be constructed ~n 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 ~n addition to' any, ~ees, dedicatiqns 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 exi~ting
building or structures into condominiums in an amount not to exceed 2%
af the building permit ~aluation,at the time of conversion. Th e fee
for a condominium conversion shall be paid prior to the issuance of a
condominium conve~sion permit as provided in Chapter 21.47 of th~
Carlsbad Municipal'Code •. Condominium sh~ll include c~mmunity
apartment or stock cooperative. The terms "other cons,truction
-"! r ::: its ", If 0 the rca n s t rue t ion -per mit II and "e n tit 1 e m e n.I;,.,.",.f. .. Q .. r_ use II a 5
used in this agreement, except in reference to mobilehomc sites or
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~.'E.V !..-2-o2
, . projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary pr10r 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 $1,150 for each mobilehome space
to be constructed pursuant to the Request. The fee shall be paid
pr10r to the issuance of bu~lding or other construction permits for
the,development. This fee shall be 1n addition to any fees,
dedic~tions or improvements r~quired according to Titles 18, 20 or 21
of the Carlsbad Municip~l Code.
2. The Developer and Owner may offer to donate a site or sites
"for public facilities 1U lieu of all ~!,part of the financial
obligation agreed upon in Paragraph 1 abov~. If Developer and Owner
offers to donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be'determined by
City prior to the issuance of any building or other permits. Such
determination., when made, shall become a part of this agreement.
Sites donated under this paragraph shai,l not include 1mprove~ents
required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
,3. This agreement and the fee paid pursuant hereto are required
to ensure the cons[stency of the D~velopment with the City's General
Plari. If the fee lS not paid as provided herein, the City will ~ot
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and 8~y
a~~roval or per~it for the D~v.~lopment shall be void, No buii1ing or
o~her construction permit or entitlement for use shall be i5$~~d
!~:il :~~ ?ublic facilities fee re~uired by this ag~eement 15 ?iid.
-4-
.' < 4. e e' 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 CounGil determines the need exisis to
provide the facilities and sufficient funds .from the payment of this
and simil~r public facilities ~ees 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
suffi~ient to accommodate the' needs of the Development herein
described.
6. All obligations hereunder shall terminate ~n the event the
'Requests made by Developer are n?t approved.
7. Any notice from one party to the ~ther shall be ~n writing,
and shall be dated and signed by the party g~v1ng such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose wh~tsoever unless served in one of
the fo~lowing manners:
7.1 If notice is given to the City of personal deli~ery
thereof to the City or by depositing same· in the Qnited States Mail,
addressed to the City a~ the address set forth herein, enclosed in a
sealed envelope, addies~ed to the City for attention of the City
Manager, postage prepaid and 6ertifi£d.
7.2 If notice is given to Developer by personal deliver~ .
thereof to rreveloper or by d~positing the same in the United States
Mail, enclosed 1n a sealed envelope, addr~ssed to Developer a~ the
a~~ress as may have been designated, post~ge prepaid.and certified.
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REV 4 -2-32
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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 re£~rences to Developer, Owner
or City herein shall be deemed to be reference to and incltide their
respective successors and assigns without specific mention of such
successors and assigns. If. Developer should cease to have any
interest ~n the Property, all obligations of Developer hereunder
shall'terminate; provided, however, that any successor of Developer's
interest in the property shall have £ir~t assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest ~n the ..
Property, all obligations of Owner hereund~r shall terminate;
provided, however, that if any successor to the Ow~er~s interest ln
the Property 1S a stranger to this. agreement, such successor has first
assumed tbe obl~gations 6£ owher ln wri~ing 1n 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 rele~se.
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III
III
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I' .' . e 'e'" IN WITNESS WHEREOF, this agree~ent is executed in San Diego
County, C~lifornia as of the date first written above .
OWNER:
See' Poage 7-A ,--,--
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowl~dgement of
aOt t a c he d . )
REV 4 -2-32
. DEVELOPER:
HUGHES INVESTHENTS ,
a California general partnership BY.Y~*,~ l>lill~am W. H~
TITLE General Partner
BY .
TITLE
CITY OF CARLSBAD, a municipal
cor~oration of the
State of California
BY
--:-~ City Hanager
.
execution by DEVELOPER and OWNER must be
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as ,of the date first written above.
O1mER:
PLAZA CAMINO REAL" a Calif.ornia
limited partnership
By: a Missouri
corp ral Partner
By: __ -L~~~-= __ ~ __ ~ ________ __
Little,
Vice President
MAY
By: --~~---7--~--~~=7--~--~7--Vice President
Fred A. Bartman, Jr,
HILLIAH s. BARk' N~, }UTAL TRUS '
d;i f{ -;; 7!;; I A / ./ (/7/; ,11;:~--<.r:-_' //1 'v~..L By: -/' I..'\...v': ' c'-.f/vw:..--v----~ ( '~l '/ V'-,--.
Fred A. Bartman, Jr., as
WILLIAM S. BARTMA~~E~ T ST
By' ~?£t d{t~dv.~~---; 1 / ~
Bartman, Jr., a~ Tr~stee
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:... ~". ~ .... :.
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ADDENDUM
Owner of Parcel-·1-in. enclosed Title Insurance and Trust Co, Pre1iminary __ .
Title Report No. 1090392 Amended; da.ted as of April 29, 1982:
. ' Plaza. Camino Real, a California lim:Lted partnership, May Centers, Inc., a
Missouri corporation (which took title as The May Stores Shopping Centers,
Inc.) sale general partner. Principal Address: 611 Olive Street, St. Louis,
Missouri.
Owner of Parcel 3 in enclosed Preliminary Title Report:
The estate of Bernard Citron, Cecile C. Bartman, executrix, 1709 Club View
Drive, Los Angeles, CA 90024. Harry L. Frank, Jr., 2274 Century Hill, Los
Angeles, CA 90007, Fred A. Bartman, Jr., 9601 Wil'shire Boulevard, S'uite 810,
Beverly Hills, CA 90210, William S. Bartman Marital Trust, 9601 Wilshire
Boulevard, Suite 810, Beverly Hills, CA 90210. \~illiam S. Bartman Residual
Trust, 9601 Wilshire Boulevard, Suite 810, Beverly.Hills, CA 902l0¥ and
May 9enters, Inc.
•
ADDENDUM
1)
./'
Plaza'Camino Rea'l is a California limited partnership, with May Centers ,Inc.
as the, soI"e general partner. The limited partners are the same people listed
in the Title Report as tenants in common with May Centers on Parcel 3 in that
Report. May Centers, a Missouri corporation (which took title as The May
Department Stores, Inc.) principal address is 611 Olive Street, S·t. Louis, Nissouri.
Nay Centers, Inc. is a wholly owned subsidi~ry of The Nay Department Stores, Inc.,
a New York corporation. Some of the many officers of Hay Centers, Inc. are
Chairman of the Board, William E. Grafstrom; President, Gregory R. Glass; Vice
President Henry A. Lay; and Vice President Robert C. Little.
2)
The estate of Bernard Citron, Cecile C. Bartman, executrix, 1709 Club View Drive,
Los Angeles, CA 90024. Harry L. Frank, Jr., 2274 Century Hill, Los Angeles, CA
90007, 213/277-1084. Fred A. ]?artman, Jr., 9601 Wilshire Boulevard, Suite 810,
Beverly Hills, CA 90210, 213/273-5763, home'address: 1709 Club View Drive, Los
Angeles, CA 90024. lolilliam S., Bartman Marital Trust, 9601 Wilshire Boulevard,
Suite 810, Beverly Hills, CA 90210. William S. Bartman Residual Trust, 9601 Wil-
shire Boulevard, Suite 810, Beverly Hills, CA 90210.
@;
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. ' , , -• STATE OF CALIFORNIA )
. ) SS.
COUNTY OF O~,4AV~)
On this /314 day of56t?TE~.&~, 1982, before me :r LLA »~N C. 81£)/L-
a No'tary Pl:11:Jlic in and for said state personally appeared Willi.am H. Hughes, Jr .
. . --... ~, known to_!l1e_ t()_.be a general partner of Hughes Investments, a
California general partnership, said p~rtnership having executed the within'
instrument, and acknowledged to me that such partnership executed same.
STATE OF CALIFORN.IA )
. ) SS.
COUNTY OF I ..... I/'f.> fh~. )
o FFI CIAL SEAL
ILLADQN C BIEHL
NOTARY. PUBLIC '.CALIFORNIA
LOS ANGELES COUNTY
My comm. expires DEC 1~, 1983
On this i?if'lday of ~/l.f~?l1d;-eL.' 1982, before me, (jA+f~el2./"\e.. A. fjR.m-s.i-r20 r w_,
a Notary Public in and fJr said state, personally appeared Robert C. Little ~ "
known to me to .be the Vice Pre'sident of the corporation that executed the within.
Instrument, knmm to me to be the person who executed the within Instrument on
behalf. of the corporation therein named, and acknmvledged. to me that such corpo-
ration executed the Ylithin Instrument pursuant to its by-1a\vs or a resolution of
its board of directors.
seal.
STATE OF CALIFORNIA )
) SS .
. COUNT':: OF 1..-6 s ftllfjeJ-eS )
OFFICIAL SEAL
CATHERINE A ARMSTRONG (.:-'_~\7\ NOTARY PUBLIC -CALIFORNIA
lOS ANG!:LES CO~~NTI 1QR~ ,( My comm expires M~
On this fotl1 day of ~[.{}.1-.1!·hll--(..1.... , 1982, before me, (!A+hr::.re .. /Ile. ,4. At<:.msb-btlfJ-,
a Notary Public in and lfO:r said state,' personally appeared Robc:rt C. Little ,
knmm to me to be the Vice President of Hay Cent'ers, Inc., a Hissouri. corporation,
said corporation being kno\m· to me to be the general partner of Plaza Camino Real,
a C.alifornia limited partnership, the partnership that executed the within instru,.-
ment and ackno\vledged to me that said c'orpbratiotl "execut·ed· the same· as genera1 .. =~ ,~ ~ __ ." ... ~.
partner of the partnership first above named, that said corporation executed the
same· as general partner of Plaza Camino Real, and' that said partnership executed same.
HITNESS my hand and of Udal seal .
. ~-j,'L{,dAC17C./ OVFlGiA~ -~~A-l-t
'"'--.....,......,,'" CATHERINE A AR.MSfR0NG NOTA~ ~I,J.LI~ -a~ULleRNIA
lOS ANGELE5 eOUNllf
"My comm explr~ MAR 14,. 1986
.. " ..,-( .. ,.. ~
' . • ',.
_ 6 '. \' ~) I • of
STATE OF CAL1FORNIA
COUNTY OF~ ~
)
)
)
SS.
On this '?;t;I,,-, day of .A~~) 1982., before me, ~~J2. (ftn~
a Notary Public in and for said state personally appea;::e(l ~eciTe C. Bartman
known to me to be the person whos~ name is subscribed to the within instrument and
acknowledged ~that She.--executed the -same-.' ., . .-... ~ -.-~ -----.
WITNESS my hand and official seal.
~~~~tf?~~' , U u --------
STATE OF CALIFORN1A
COUNTY OF L ~~
)
)
)
SS.
p~~~~cc~~~m~~W~5mszeaea~,
II OFFICIAL SEAL B
fJ MARJORIE J. PONTECORVO I ~ I':OTARY PUBLIC· Cf,Lli'ORrlIA B rs • PRINCIPAL OFFICE IN 11
I LOS ANGELES COUNTY G = ~ My Commission Exp. Mar. 22, 1985 S ~~~~m~~~~m~Q~nw~~s~~G~~~J
On this :111-day of /J.e-,~ , 1982, before me, ~~ Q(?~~
a Notary, Public in and tor said state personally appearedL/ Harry L. Frank; Jr.
knmm'to me to be the person whose name is subscribed to the within instrument and
acknmvledged that he exect;Ited the' same.
HITNESS my hand and official seal.
/?v..v~~~ fL p(J';;Y~~.-<9~~
(J i/
STATE OF CALIFORNIA
COUNTY OF :L~ ~~
)
)
)
S8.
On this '1 p-day of /:to.Jvte.;;~ , 1982, before me, _ n1...tA.-V"~ y .. ffl.;:T7c:-o"'-v~r
a Notary Public in and for said -state pe~sonally appeared 0 Fred A. Bartman, Jr.
kno,m to me to be the person whose name is subscribed to the within instTuillent and
acknowledged that he exec~ted the same.
WITNESS my band and official seal.
o (/
STATE OF CALIFORNIA
~;UN;Y' OF ~~ ch'7Y~
)
-) ,
)
ss.
On this q-,z day of kl:J.K§;.J.J..PY , 1982, before me, 17'L<t.V~ ~ ~~r)" ,
a Notary Public in and for said state personally appeared U Fred A. Bartman, Jr.,
knmm to me to be the Trustee of the William S. Bartman Narital Trust, kno~m to me
to be the person whose name is subscribed to the \"ithin instrument and acknowledged
that he executed the same.
-..:::--::.::::s ;::~ .. ;-::md and p f ficial seal.
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• ,. "'t-
STATE OF CALIFORNIA
COUNTY OF t .. a,t-~
)
)
)
ss.
On this tfl1 ..... day of ./kh~ ,1982, before me, ~9. £~~ ,
a Notary Public in arid for said state personally appeare<:IFreCl A. Bartman, Jr,
"
knov.'1l to me to be the Truste'e of the Wil1iam-S., Bartman Resi1.tial Trust, known to ,-
me'to be the person tl7hose name is subscribed to the ,<;vithin iustrument and acknmvledged
that he executed the same.
WITNESS my hand and official seal. ~~~2~aO~Q~~m~~~~~~~WQ~G~' B OFFlem SEAL I
Fi MARJORiE J. PONTECORVO I g. NOTARY PU;;UC,-CALIFORNIA •
i PRINCIPAL OFFICE IN I II ' LOS ANGELES COUNTY I
II My Commission 8:p, Mar, 22, 1935 J ~""i!!l82r.!!3""'<1j w""<»<mt<:l"".r::!3""~""<:asIlU~IIf'=~
·0
LOT 29 LEGAL DESCRIPTION
November 2, 1981
Page 1 of 1
Prepared by George S. Nolte and
San Diego, California
• Associates
ALL OF LOT 29 OF CARLSBAD TRACT 76-18, (PLAZA CAMINO REAL SHOPPING CENTER),
~~ THE ~ITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 8956, FILED IN ,THE OFFICE OF COUNTY RECORDER
O~ SAN DIEGO COUNTY CA AUGUST 11, 1978.
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Se 26, 1981, Revised 81
Page 1 of 3
Prepared by George S. Nolte and Associates
San Diego, California
ALL OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS' FOREST COMPANY'S TRACT,
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP·THEROF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER
'''''' -'OF SAN DIEGOCOUNTY,-JUNE8-,-1908.'.-'--~-.---·-..
TOGETHER WITH THOSE PORTIONS OF LOTS 19, 20', 29, 30 AND 31 OF SAID HOSP
EUCALYPTUS FOREST COMPANY'S TRACT AND THAT PORTION OF CARLSBAD ROAD ADJOINING
SAID LOTS AS VACATED AND CLOSED TO PUBLIC USE, LYING SOUTHEASTERLY OF A LINE
DRAWN PARALLEL WITH AND 30 FEET NORTHWESTERLY OF THE FOBLOWING DESCRIBED LINE:
COMl-lENCING AT THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS, ACCORD-
ING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG THE NORTHERLY LINE OF SAID MAP NO.
1719, NORTH 89°25'00"WEST (RECORD NORTH 89°26 i OO"WEST) 316.91 FEET TO THE
CENTER LI~E OF COUNTY ROAD SURVEY NO. 843 (KNOWN AS JEFFERsON) STREET, 60.00
FEET WIDE) ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE
COUNTY ENGINEER OF SAN DIEGO COUNTY, BEING A POINT ON THE ARC OF A NON-TAN-
GENT 432.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID
CURVE BEARS SOUTH 21°34'00"EAST TO SAID POINT, AND BEING ALSO THE TRUE POINT
OF BEGINNING, THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTHEASTERLY ALONG
THE ARC OF SAID CURvE THROUGH A CENTRAL ANGLE OF 33°07'00" A DISTANCE OF
249.99 FEET; AND TANGENT TO SAID CURVE NORTH 35 °19' OO!' EAST TO THE SOUTH.,.
WESTERLY LINE OF THAT PORTION OF CALIFORNIA STATE HIGHWAY 11-SD-78 AS DESCRIBED
IN PARCEL 1 IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1971 AS FILE
NO. 112979.
EXCEPTING FROM SAID LOT 32 THAT PORTION OF THE NORTHERLY 120.00 FEET THERE-
OF LYING WESTERLY OF THE WESTERL~ LINE OF THE EASTERLY 810.00 FEET THEREOF.
ALSO EXCEPTING FROM SAID LOT 32 THAT PORTION DESCRIBED AS FOLLOWS:
CO~£NCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 32 AND THE CENTER-
LINE OF JEFFERSON STREET 'AS DEFINED BY ROAD SURVEY 843, GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED FEBRUARY 26, 1941 IN BOOK 1132, PAGE 419 OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOurH 89°41'21" EAST, 64.60
FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 27°36'27" EAST, 60.72
FEET; THENCE (2) SOUTH 83°41 '13" EAST, 38.16 FEET, THENCE (3) SOUTHEASTERLY
ALONG A TANGENT CURVE , CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 72.00 FEET,
THROUGH A CENTRAL ANGLE. OF-86~.49-'.13!'., A DISTANCE OF~.109.10 FEET; THENCE .(4).. . ___ . ___
TANGENT TO SAID CURVE SOUTH 3° 08' 00" WEST, 55.13 FEET; THENCE (5) SOUTHWESTERLY
ALONG A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 72.00 FEET,
THROUGH A CENTRAL ANGLE OF 95°00'00", A DISTANCE OF 119.38 FEET; THENCE (6)
TANGENT TO LAST SAID CURVE, NORTH 81°52'00" WEST, 21.00 FEET; THENCE (7) NORTH-
WESTERLY ALONG ~ TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 42°18'20", A DISTANCE OF 53.16
FEET TO A LINE 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32;
THENCE (8) ALONG LAST SAID LINE, SOUTH 89°41'21" EAST, 124.71 FEET TO A LINE
810.00 FEET WESTERLY OF THE EASTERLY LINE OF' SAID LOT 32; THENCE (9) ALONG LAST
,SAID LINE, NORTH 0°'18'39" EAST, 120.00 FEET TO SAID NORTHERLY LINE OF SAID LOT
32; THENCE (10) ALONG SAID NORTHERLY LINE, NORTH 89°41'21" WEST, 104.20 FEET TO
THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 32 AND 33 AND OF SAID
CARLSBAD ROAD, DESCRIBED AS FOLLOWS:
Page
Prepared by George S. Nolte and Associates
San Diego, California
-; ... ~ -:, -.'~
1
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF JEFFER-
_ . _. ___ ~9N STRE~!_~S,yE~I~~ ~~_~Q~DY.~\TE~ 843, ... .<~~~,l!:l?_~0_:rn.?_~OUNTY <?~ .SAN DIEGO BY
DEED RECORDED FEBRUARY 26, 1941, IN BOOK 1132, PAGE 419 OF OFFICIAL RECORDS OF
SAID COUNTY, AND A LINE PARALLEL TO AND 120.00 .FEET SOUTHERLY OF THE NORTHERLY
LINE OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°4'1'21" EAST,
38.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 39°27'4411 WEST, 311.31
FEET; THENCE SOUTH 52°21'2211 WEST, 26.03 FEET TO THE SOUTHEASTERLY LINE OF SAID
ROAD SURVEY 843; THENCE NORTH 53°48'0211 WEST, 60.00 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID ROAD SURVEY 843; THENCE LEAVING SAID LINE, NORTH
09°09'5011 EAST, 28.07 FEET; THENCE NORTH 32°38'3411 EAST, 161.20 FEET; THENCE
NORTH 24°17'18" EAST, 195.15 FEET TO A POINT ON THE NORTH LINE OF SAID "HOSP
EUCALYPTUS FOREST COMPANY',S TRACT"; THENCE ALONG SAID NORTH LINE SOUTH 89 ° 41 ' 21"
EAST, 141.49 FEET TO THE SAID SOUTHESTERLY LINE OF SAID ROAD SURVEY 843; THENCE
ALONG SAID SOUTHEASTERLY LINE SOUTH 35°12'35" WEST, 146.31 FEET TO THE POINT OF
BEGINNING.
ALSO EXCEPTING FROM SAID LOT 33 THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE ALONG THE EASTERLY
LINE THEREOF, NORTH 06°58'00" EAST 278.00 FEET TO THE. TRUE POINT OF BEGINNING;
THENCE SOUTH 70°28'24" WEST 505.81 FEET~ THENCE NORTH,89°29'00" WEST 213.74 FEET
TO A POINT ON A NON-TANGENT 462.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTELY, A
RADIAL LINE OF WHICH BEARS SOUTH 49°22'30" EAST TO SAID POINT; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH 'A cENTRAL ANGLE OF 05°24'55", A DISTANCE OF
43.72 FEET; THENCE TANGENT TO SAID CURVE" NORTH 35°12'35" EAST 449.44 FEET TO
THE BEGINNING OF A TANGENT 490.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
37°47'39" A DISTANCE OF 323.22 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73°00'14"
EAST 111.94 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 86° 40 '30" A DISTANCE OF 30.26' FEET TO THE BEGINNING
OF A REVERSE 842.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTH-
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°45'00",
A DISTANCE OF 363.72 FEET; THENCE SOUTH 44°55'44" WEST 161.50 FEET TO A POINT
WHICH BEARS NORTH' 70°28'24" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
70°28'24" WEST 69.19 FEET TO THE TRUE POINT OF BEGINNING.
"ALSO EXCEPTING FROM'SAIO.!;-LOTS-·33;-34; -:3 5--;' AND" 36THAT" ... PORTioN-DESCRIBEO:"'.,.,...·~·
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID
NORTH HALF NORTH 89°42'19" WEST, 404.27 FEET; THENCE SOUTH, 962.79 FEET TO THE
NORTHERLY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 76°30'00" WEST,
331.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS
OF 842.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH -A CENTRAL ANGLE OF
42°30'00" A I?IST~9lj: OF 624.56 FE~T; THENCE SOUTH 61 °00'00" WEST, 174.26 FEET TO
THE BEGINNING OF 'A TANGENT CURVE 'CONcAVE NORTHWESTERLY HAVING A RADIUS OF
758.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
13°24'44" A DISTANCE OF '177·.44 FEET; THENCE SOUTH 74°24--'44" WEST,. 42.40 FEET TO ..
THE TRUE POINT OF BEGINNING; THENCE SOUTH 74°24'44" WEST, 97.60 FEET TO THE
"
. . ", . ,'"." ~ -.. '" .,.! •. . ...,..~-
81, Rev 1
Page 3 of 3 .
Pr'epared by George S. Nolte and Associates
San Diego~ California
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 758.00
___ ! __ ~EET; _THENC1LNORTHWEST~RLYALONG.SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31'00"
A DISTANCE OF 800.61 FEET; THENCE NORTH 45°04'46'" wEST; 130.00 FEET TO THE
BEGINNING ,OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 558.00
FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04'59"
A DISTANCE OF 302.72 FEET; THENCE NORTH 13°59'17" WEST, 100.00 FEET TO THE
'BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 558.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °17' 17" A DISTANCE
OF 139.15 FEET TO A POINT IN THE S9UTHERLY RIGHT OF WAY LINE OF MARRON ROAD (82
FEET WIDE) ; THENCE NORTH 89° 42' 00" WEST, 82.00 FEETAL9NG SAID RIGHT OF WAY LINE
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14 ° 17' 17" A DISTANCE OF 159.60 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHWESTERLY HAVING A ~DIUS OF 20.00 FEET; THENCE SOUTHWESTERLY. ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 96°00'00" A DISTANCE OF 31.42 FEET; THENCE
SOUTH 76°00'00" WEST, 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAv.E
SOUTHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE
~HROUGH A CENTRAL ANGLE OF 40°48'08" A DISTANCE OF 377.43 FEET TO A POINT IN
THE RIGHT OF WAY LINE OF JEFFERSON STREET (60 FEET WIDE); THENCE SOUTH 54°47'25"
EAST ,60.00 FEET TO THE BEGINNING OF A NON-TANGENT CU,RVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 470.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 40°48'08" A DISTANCE OF 334.70 FEET; THENCE NORTH 76°00'00"
EAST 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 20.00 FEET; THENCE SOUT~STERLY ALONG SAID CURVE THROUGH A
CBNTRAL ANGLE OF 90°00'00" A DISTANCE OF ,31.42 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHEASTERLY.HAVING A RADIUS OF 640.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04'59" A DISTANCE OF
347.20 FEET; THENCE SOUTH 45°04'16" EAST, 130.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 840.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A C~TRAL ANGLE OF 60°31'00" A D~STANCE
OF 887.22 FEET; THENCE NORTH 74°24'44" EAST, 97.60 FEET; THENCE NORTH 15°35'16"
WEST, 82.00 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THOSE PORTIONS OF SAID LOTS 19 AND 20 AND OF SAID CARLSBAD ROAD,
LYING SOUTHERLY AND SOUTHEASTERLY OF THE LOCATION AND PROLONGATIONS OF A LINE
DESCRIBED AS FOLLOWS:
'~, -'--BEGINNING AT" A POINT IN" THE' NORTHERLY' LINE OF JEFFERSON STREET AS DESCRIBED --.', '-.. -,,0.', ,,'~""~r""
IN DEED TO PLAZA CAMINO REAL, RECORDED DECEMBER'16, 1976 AS DOCUMENT NO.
76-422363 OF OFFICIAL RECORDS; BEING THE EASTERLY TERMINUS OF THAT CERTAIN
530 FOOT RADIUS CURVE, CONCAVE SOuTHERLY HAVING A CENTRAL ANGLE OF 40°48'08"
AS DESCRIBED IN SAID DEED; THENCE WEST~RLY ALONG SAID CURVE 377.43 FEET TO
THE NORTHWESTERLY RIGHT OF WAY OF JEFfERSON STREET AS SHOWN ON ROAD SURVEY
843; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE TO THE
SOUTHERLY LINE OF SAID MAP NO. 1136.
.>
• •
HUGHES INVESTMENTS
SHO'PPING CENTER DEVELOPMENT & INVESTMENT
WILLIAM W'. HUGHES, JR.
Mr. Michael J. Ho1zmiller
CITY OF CARLSBAD
1200 Elm: Avenue
Car1sbad~ CA 92008
September 27, ~_1982
Re: Public Facilities Fee Agreement
North County 'Plaza
Dear Mike-:
SEC Jefferson/78
Carlsbad/Oceanside
Enclosed please find an original and one copy of the aboye-
referenced document properly executed, acknowledged and with
a corporate seal attached for all the appropriate parties. I
believe this should satisfy the requirements as outlined in the
information sheet which accompanied the form of agreenient.
If there is anything else we need, please let me know.
Very truly yours,
HU(,;HE8.,. INVESTMENTS
#~~~~
William W. Hughes, Jr.
WWH:db
Enclosures
TWO CORPORATE PLAZA, SUITE 2S0 • NEWPORT BEACH, CALIFORNIA 92669 (714) 759-9531
--REQuEsT: To change property zoning from C-2 to C-2Q. Jefferson st.· on west,
Marron Rd. on south, PCR on e'ast, & Highway 78 01,1 l).orth.
ENVIRoNMENTAL
EXEMPT OR EXCEPTED: --------------------------
Posted: Prior Cbmpliance: Published: --~----------------------------------'-
Filed: Filed: --------------
NEGATIVE DECLARATION: ________________ _
Posted: )0':"/5-81b Published: I b -' 02 0 ~ ~ ~ Notice of Determination : ___ _
ENVIro'TI1ENTAL IMPACT REPORT: _____ ,.."....,...,...._-=-_
Notice of Notice of Pr~paration: °9",dQ-?.,).. Completion: _____ _
PLANNING COMMISSION
1. Date .of Heari?g: __ :{..:..ta~~ 1[",---'8:..4-~?:..;....;:' :.-. ___ _
2. Publication: __ -1J14E::·=~@;~l'E.· ~g~~~'. ~·ILad&:·-:!l.-ij:l"'~~·_
3. Notice to ~roperty CMners=---.-11 :.., a !f'-' 8. ',9, . • 0 I
4 •. Resolution NO._o-,a~°..lo<:O~{)~C[:...-..._·_·_· _ .. _._-_. '_'_'_0 _. _._
{Cbptinued 00: ____ ....;...-·_· _. '_0_-_. _. _._-_. _. _0 ._._
5. Appeal:' 0 --------------------------
CI'+'Y COUNCIL
1.. . Date of fIearing: ... ~.J/ °a' . , ... ' 0' .. o •• '0oo·-!-. (bn't --
2. Notices to City Clerk: . --~-----------
3. :Agenda Bil1:_' _'1..L.J.(.Q~5"'"'~._,:.2_· _. _. _. _. '_-_ .. _. _. _ ... __
4. Resolution No. 'jlI I 0 ~~~------------------
Notice of .
Determination: -----
ACTION: {t fJ A (?:oV ED
..... ':":
5. "Ordinance Nd~ . qf.R'-~' {·/·1 &(;,~, .... Date: .. 00 ••••• -_ ••
ACTION: Co"/ Tf-I/)£lfu...>tV
b j"~S ~ c-&b 'f-tl
fi-'6D iJ r Ie 'C... r;' J...,
JtfJP,eJ) (If(. ; 1'I-'T 'C., I
CORRESPONDENCE ,irf)c..
Staff Report to Applicant: . ----------------
Resolution to Applicant: ... 0 ••••••••••• -• 0 ... 0
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