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HomeMy WebLinkAboutPUD 14; ROMBOTIS; Planned Unit Development - Residential (PUD)" \ , ·r·. hi., (Please Pl'int) CITY Or-CARLSBAD 1. 2. 3· 4. 5. 6. FOf(~1 REQUEST: Pianned Unit Development for._1-"-5 ____ units on property of approximately 3.85 acres. LOCATION: lhe subject property is generally located on the ___ ,w,est ____ side of Valencia between Park and Hillside r,SSESSOR'S NUMBER: 800k ___ Page ____ Parcel __ Book Page ___ Parcel ___ ' (If more, please'list on bottom of page). ("\~NER(S) OR PRH;CIPLE OF CORP. L R Partnership, 325 Elm Avenue, Carlsbad, Ca. 92008 729-2911 name address zip phone Person respunsi bl e for prepara ti on of Pl an: Raymond Ribal 770 S. Brea Blvd., Ste 203, Brea, Ca. 92621 Game address zip 529-LJ..<j~~ne Registration or License 1~0:_--,R~-""E::.._1..;..1...:..G3...:6=--__ APPLICANTS SIGNATURE:* I hereby declare that all information contained within this application is true; and that all standard conditions as 1ndicated on the attachmant have been read, understood and ugreed to. Name Address Zip Phone *Kote: 1f the applicant is ,an agent to the property owner, a s~gned and notarized letter authorizing the applicant to represent the prpperty owner must be SUbmitted with the application. The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given , ! i, an opportunity to evaluate and discuss the application and plans prior to submittal. This'reque3t is not a requirement; however, it may c,\'o'iJ major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHI'-1ENTS: Supplemental Information Form -Planning 20 Standal'o Conditions -Planning 27 . Preparation Check List -Planning 32 Procedures -Planning 36 f f ! J: ~ Commi s s i O,n, Approva ,----f -, ,-K -', r • Planni ng_£ ____ _ Dato of Planning --. ~? SUPPLEMENTAL I:~FOIWlATION FORM SPECIFIC PLAN/]vT.AS'l'ER PLAN/TENTATIVE SUBDIVISION JVlAP /SPECIAL USE PERt'vIl'l'/ PUD/ CONDOIHNIU]\1 p::::RMrr/PRECISE DEVELCPMENT PLAN/SITE DEVELOPI'1EN'l' PLAN. 1) 2) 3) 4) 5) 6) 7} 8) 9) ,10 ) 11) ,I Gross Acres (or square footage if less than acre) 3.85 Number,of Lots or Units 15 ----=------------ Type of Development Residential --Res id e i1"t i'-a.'-:;1-,-'C='o-rrm--1-e-r-c-];-',' a-:;-l-, -,., ""'I:-n'"""d,,--u-· s-t'r i a 1---------- Present Zone P.c. Proposed Zone -----(If change requested) General Plan Land Use Designation R.M. Source of water supply City of Carlsbad Method of sewage disposal City of Carlsbad ------------------------------------------------ Types of Protective Covenants to be recorded See attached",, __ Trabsportation modes available to service the development North County Transit District busses serve the developmento School Dist.rict (s), serving ·the property Carlsbad Unified School Distriyt If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land N/A --~---------------------pay fees r or a combination thereof None needed 12) Methods proposed to reduce sound levels -------~------------ 13) Methods proposed to conserve energy Low flow faucets, low flow shower .---_. 'heads; full insulation (exterior), low BTU furnaces, full weather------ 'stripping. ~----.. -------------- Additional sheets may be attRched if necessary to answer any of the above questio.ns. FOHM PLANNING 20.-February 1, 1979 I i t ! I, r f r t, I' f ! I r t I ! , !. .. ' , \ • STAN D,L\ RD CITY OF 0f'JDITIONS SPECIFIC PLAN/CONDITIONAL USE PERMIT/ VARIANCE/PLANNED UNIT DEVELOPMENT/ SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT CONDOMINIUM PER~IT/PRECISE DEV~LCP~ENT rLAN Development shall meet all requirements of the subdivision, zoning and building codes, laws, ordinances or regulations 'of the t1ty 0* Carlsbad~ and other governmental agencies. Some of ,the more pertinent requirem~nts and procedures of the City are listed below for your in- formation and concurrence. Please read this list carefully and feel free to ask for further ,information or explanation. ' 1 ) 2) 3) 4) 6 ) 7 \ t I 8) 9) 1 0) , 11 ) 12) All conditions for Conditional Use Permit, Varianoe s Planned Unit Development and Specia'! Use Per'mit shall be completed and the project commenced within 18 months from'final City action, unless otherwise stated-as part of the approval. There is no time limitations for Specific Plans unless required as part of the approva 1 . Development shall substantially conform to the approved plan. All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without cost to the City of Carl sbad and free of all 1 iens and, encumbrances. Prior to any construction, the applicant shall submit plans to the appropriate entity providing do~estic water to the proposed development, for its approval of the location, type and' adequacy of water lines. Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction 5 and said fire appurtenances shall be functional prior to commencing such work. Street ·trees, as required by the, City, shan be -installed by the applicant at applicantls expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of a'ny existing trees is required by the ctty, said removal shall,be at the app'!icantls expense. It, sha11 be the responsibil ity of the appl icant to make all arrangements with the Parks Department concerning the require- ments of this condition. A detailed grading plan which jncludes proposed drainage and erosion control landscaping or other measures such as desilting basins shall be approved by the City Engineer. Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 51 or greater in height and any other areas required by law. Prior to final building inspection clearance, all landscap- ing and irrigation systems shall be inst ·ned or adequate bonding accepted. Said landscaping s~al1 be maintained in a manner acceptable to the Planning Director. No signs or advertising of any type whatsoever shall be erected or installed until plans thereof have been approved by the City of Catlsbad. As part of the approval pror:ess~ the City may modify these c"'iditions or add others, especial'!y those of a more specific natuY'e. Tho qplicant win be notified of these l,·,·(j"ifications Ol~ adclit'ions by Res\.; 'ion. Form Planning 27 /Date of Planning Commission Arprov~l I ! t r t f f i t [ i t ! , [ I i t I f I i I I I ~ f t f I I r l [ f l • • I , ... / If after the information you have submitted has been revim-led, it is determined that further information is required, you will be so advi.sed. APPLICANT: AGENT: ME[l.1BERS: Kamar Construction Co., A P·artn~rs).ip _____ . __ -__ Name (individual, partnership, 'joint venture, corporation, syndication) 325 Elm Avenue, P.O.Box 1155, Business Address 714-729-7911 Telephone Number Jerry L. Rombotis Name 325 Elm Avenue, P.O.Box 1155, Business Address 714-729-7911 Telephone Number Robert L. Rombotis, Partner "Name .(individua.l, partner{ joint venture, corporation, syndication) Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 2341 Nicklaus Dr., Oceanside Home Address 325 Elm Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 Business Address _714-729-7.211. _______ _ Telephone Number Jerry L.-'Rombotis, Partner Name Same as above Business Address 714-729-7911 Telephone Number 714-433-3130 Telephone Number 1730 ~alavo Ct.~arlsbad ___ Horne Address 714-729-5080 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 tha·t it will remain true and correct and may be relied upon as being true and correct until amencled. f"~l I I ! I 1 , • EXHIBIT itA" That portion of Lot nIl! 'of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, December 16, 1896, described as, follows: Beginning at the most Souterly corner of Laguna Ri.viera Unit No.5, according to Hap No. 7260 filed in the Office of the County Record.er of S'an Diego County, April 18. 1972, said point being on the axc of a 520.,00 ,foot radius curve concave Westerly. a radial line of said CU1've bears No,rth 69°51'13" East to said point; thence along the boundary of said Hap 7260 as follows: Northwesterly and Northerly along the arc of said 520 .. 00 foot radius curve through a central angle of 07"47'06" a distance of 70.65 feet; taRgent to said curve North 2r55'53" Westf 235.04 feet to the beginning 'of a tangent 270.00 foot radius curve concave Easterly; Northerly along the arc of said curve through a cellt:ral angle' of 39°31'42" a distance of 18'6.27 feet; tangent to said curve North 11°35'49" East, 17.57 feet to the beginning of a tangent ,20 00 foot, radius curve concave Westerly; and Northerly along the arc of sa.ld curve through a central angle of 82°42'33" a distance of '28.87 feet to the point cif reverse curvature with a 374.00 foot radius curve, in the boundary of Carlsbad Tract 7 4~19 according to Map No. 8177 filed ift the, Office of the County Recorder of San Diego County September 19, 1975; thence along ·the boundary of said Map 8177 as follows: Northwesterly' along th~ arc of said 374.00 foot radius curve through a central angle of 38°,32'33" a distance of 251.59 feet; tangent' to said curve North 32°34'11" Hest, 215.00 feet to the beginning of a tangent 20.00 foot radius, curve concave Southerly; Westeily along the. arc of said COl:ve , through a c~ntral a'ngle of 90°00' OOn a 'distance of 31.42 feet; tangent., to said curve South 57° 25' 49" West, 169.00 feet to the beginning of 'a tangent 290.00 foot radius curve concave Southeasterly; and Southwesterly along the ar.c of said curve through a central angle of 26°{f7'2QII a' ' distance of 135.60 feet; thence leaving the boundary of said Map No., ' 8177,' South '51°32'00" East, llO.OO feet; thence North 32°25'49" Eas,t f 60.00 feet; thence North 5r25'49" East, 95.00 feet; thence' South 32°:34-'11ff East, 170.00 feet; thence South 46°30'0019 ,East, 209.00 feet; thence South 15°56'00" West, 138.00 feet; thence South 2r53'S8" West, 272.00 feet; t,hence South 23°25'58" West, 65.00 feet; the ace, North 69°51"131f West~ 120.00 feet to the Point of Beginning. EXCEP1:ING THEREFROM all oil, gas and other hydrocarbons lying 500.00 feet below the surface of said ,land, but without right of surface entry to ,remove the same as conveyed to Carlsbad Bay Properties. Ltd. r a ' Limi ted Partnership, in deed, recorded June' 10. 1968 as File No. 96383. DR:CG: ba CK:FBD 1-18-80, S-607208 E-21380 · ., .j If after the information you have submitted has been reviC'lo{ed, it is determined that further information is required, you will be so advised. APPLICANT: AGENT: ME~1BERS : Kamar Construction Co.,~A~p~a~r~t~n~e~r~s~h~i~p~ ____ ~~ ______ ~~ Name (individual, partnership, joint venture, corporation, synd':'cation) 325 Elm Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 Business Address 714-729-7911 Telephone Number Jerry L. Rombotis Name 325 Elm Avenue, P.O.Box 1155, Carlsbad, Ca. 92008 Business Address 714-729-7911 Telephone Number Robert L. Rombotis, Partner Name Slndividual, partner, joint venture, corporation, syndication) 2341 Nicklaus Dr., Oceanside Home Address 325 Elm Avenue 9 P.O.Box 1155, Carlsbads Ca. 92008 Business Address 714-729-7911 Telephone Number Jerry La" Romb6~is, Partner Nome. Same as above 714--2j·33-3"130, 1730 Calavo Ct., Carlsbad' Home Address Busin8ss Add~r-e-ss---------------------------------------------- 714-729-7911 714-729-5080 Telcrhone 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 true and correct and may be relied upon as being true and correct until amended. -L~~~~ Applicant ,l~ ~.. . .... SI~CUR~D J~G!~~~Er·:!-::r·ffr Bl~:.i:~v·IES!~1 OUNEH J D2V:::LO:)~:H) A;·m C.!"i.HLS3:'l.D mnFIED SCHOOl: DIS~~I G~:-:": THIS SECT)~ED AGE=~i:S;~T :i.s entered into this of January --------~~------ .. " .. L R Partnership t ~.ra "'1r:> 0 1" r r-,-"" 1 c·,.. .... r.> r> -,-J ....... .:._ .i-J-t..J(,;,. .... ~ .. ~l_-.J a ,Partnershi.p - . [corp.orat1o:1> partnqrship" etc.} hereina;-:'tcr :n~ferred to as nO\·merl1 " \'I11ose address is __ ~3_25 Elm_Avenue~ Carlsbad, California -92008 . ____ __ r street J. . ~~----------------~~--------------------.--------------.~ [c1ty~ sta~e, zip code] and Kamar Construction Co., Inc. > IN arne 01' De v clop e r J .---'--''-------''------------- a Corporation :;. ~.corpora-t~l~·O--~-)--p-~-r-~-p-.e-r-s-I~·)~i-p-,--e~t-c--.~J------------------ I hereinaft~r·ref~rred to as i1Devclopert1,. \'lhoS0 address :t.::;> 325 Elm Avenue '[street] Carlsbad, California 92008 ~ ________ ~ ____ ~----~~----------------------------s [ci~y) state, zic code] .. " -... .. .. and County, Califc~nia, hereinafter referred to as "Districtll , ~·ii:.osc add~'css is 801 Pine Avenue) Carlsbad, Cal!fornia 92008. WIT N E SSE T H: A. tnIEREAS, Owner is the owner of the real property described on EXHIDI'.L' II A II attached hereto and by tI)ts reference incorporated herein by r'eference, and hel'E::after referrcd to as " '. B. HHEHEAS) the Property lies Hi thin the bound.aries of District; and .. c. HHEIBAS, Developer hus contracted \'1i th O'\'mer to " purchase the Property and proposes to constr·vct 3/ 15 1:?esidential Units " '. on said Property, which developdent carries thi proposed. name of Laguna Riviera Unit 10 and is hereafter referred to as tlDevelopment"; and D. \'ffiEREAS; Developer intends to 'file [filed on the ____ day of --' \-lith .the County of San Diego and/or 19~7~_~'_~J~[~i~n-t-'e-n-a~'s--~-~0--~f~i~1-e~j---- -2- . . .. " ; the City ("f Ca;."lsb[!.d 3. request for !i/ approval of a tentative map and P.U~D~ for 15 houses • . E. i'lBEEEAS ~ O\'mer) Developer and Dj.strict recosnize that school facilities and icrvices will not be available to acco~nodate children who may subsequently move into the propo~ed development; and II'. \'tHEREAS, Ot'mer anti Developer have requested of the District assurances that school facilities and services will be available to meet the needs of the futu~e residents of the development as it 1s presently propbsed arid the Owner and Developer are aware that the District, cannot, and will not~ be able to give Owner ~~d Developer any such assurances wit~out financial assistance o to pay for such services and facilities; and G. IDIEREAS, the Owner and Developer agree to provide . . such financial assistance in accordance "lith the terms. of this agreern~nt and the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the developmcint' as it is ~resently proposed. NO\'l THEREFORE~ THE PARTIES HERETO HEREBY AGREE as f'ollm.:s = ---3- 1. The Owner and Developer shall pay to the District the CU;:1 of One Thousand and Njneteen and no/jOO ____ .". __ D~]l[~:::.~ (Or whatever sum is in effect at time building permits are issued.) ($ 1,019 • .00_ ) for each di':ellins un:l_t to be constructed' in the Developi:1C;1t. r1'he Dmr.ber of D"'!elling units to be constructed shelll be determined frOli! the approyccl subdivision map of the Dcvelop~cnt) as recorded in the Office of~th~ County Recorder. The term "ch';ellinr; unit II as used in this aGreement means a plaee of residence and may be located in either a single or multiple dwelling unit buildinG. Such payrn~nt5 shall be m~de in accordance with the' following provisions: ~.l. The total amount due hereunder shall be paid to the district in in:=;tallmcnts equal to .$.1,019.00 thnes the number of dwellinG' imi t-s for \'lhich building permits are issued until the total amount as specified in paraGraph 1 above has been paid or until' the ag~eerncnt has been canceled: bi mutual consent due to the' abandonment of.a portion of the Develop!i1.cnt. Such installments shall be due and payable to the District concurrent with application by Developer for issuance 9f said building pcr~its. 1.2. Any payments not made by the Owner and Developer '· ... hen due and paYClble' shall b.ear interest at the rate of seven (7) percent per annum. 2. The O\·mer and Developer may in thc future offer to donate a school site in lieu of all or part ?f thc financial -It- -. as~,,:,ced upon paragraph 1 above, which offer the-District 3. and Developcr's obliGation , . DGreUnaer', O\'!Der and D(~velope!" shall provIde 'to Di'strict the securi ties called for in subparagraph 3.1"or·3.2 or 3.3: 3.1. A 'surety bond in favor of District in a forn acceptable to District from an insurer acceptabl~ to District· . in the sum of $ _______ _ to insure Ownerfs and Developer's perforwance of the ter~s of this afjreel718nt. 2/ 3.2. A bank or savings and loan time certificate of deposit in the amount of $ in a form ------------------- acceptable to D· t . l' • lS -rlC C nar:llng the Distr'ict as an irrevocable assi~nec for the term of this agreement, and expressly providing that any interest accruing on· the time certificate' of deposit shall be soleiy the property of depOSitor and the District shall have no' rights to any such interest. 5/ 3.3.' Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and .services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Owne~ or Developer, and upon requ~st, assurancqs nec~ssary to enable O:'mer or Developer to comply ,-lith any requirements -5 ..... ", of public agencies as evidence of adequate school faciljties nnd scr\':'...c CS 5 l~ffi ciant-to accO;:-:'10(12. te t!1c needs 0 f the deve lop:;1Cnts herein described. 5. Al~ obligations hereundrir shall terminate in the event §/ Developer does not receive approval from Cjt;y: of Carlsbad or qoastal Commission and the District shall within ten (10) days after written .... notice to District by" Developer~ "deliver to Developer-necessary documents for releasing the security provided to District pursuant to paraGraph 3 hereof . . 6. Aug notice from orie 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 whatsoeve~ unless served in one of the following manners: 6.1. If notice is given to the District, by "E~rsonal delivery thereof to the District or by depositing the same in the Un! ted States A·rail, addressed to the District. at the address set forth hercin,.~ enclosed ". in a sealed envelope addressed to the District for attention of the Superin~en~erit, postage prepaid and c~rtif1ed. -6- ,. · " ·e . e" 6.2. If 'notice is gj,ven to O~'mer ~ by personal del:~ V(:l'Y th(:J.'cof to O;;r~er OI' b~T dcposi ting the s 2me in the UnitQd States ~ail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other addrc~s as may have been designated, _ postaGe prepaid and certified. 6.3. If notice is siven to Developer, by personal deli ver'Y thoreof to Developer or by depos:L tine the same in the Urli ted States I·jail, enclosed j.n a sealed envelope addressed to Developer at tb_~ address set forth herein or at such other add~ess as may have been designated, postaGe prepaid and certified. '6.4. If no~ice is ~iven to a surety or other person, by. personal delivery to such surety or other person or by deposi tine the same in the" United States '" . ; Mail-, enclosed in a sealed envelope address~d to such surety or person at the address at which such surety or person last corrmunicated to the party giving notice~ postaGe prepaid and certified. 1. This Agreement shall be bindins upon ~nd shull inure to the benefit of, and shall apply to, the ~espective Successors and assigns of Oivner I Developer and District,. and references to Owner, or Developer, or the District herein sha'll be deemed to be reference to 'and include their -1- respecti ve successors :.!.nd 2.ssisns \,,1 thout spcciflc mention . of such , -, successors ana 2SS1GDS. If Developer. should cease to hove any intcre3~ in tile Prope:;,~ty) all oblir;tltions of Developer any successor of Devclo!--:er's intc::"C'st in'tr.c Prop'erty sh2.11 ha-,.:e first assumed in ".'r.1. tin£; the De:vcJ.oper t s obJ.i[;ations hereunder and shall have com!)licd i'li th par~~;l'aph 3 hereof. At such til7:8 as O\'mer ceases to h~ve any.interest in the Property, all obliGations or Oh'ner hereunder shall te::'~l~linate; provided, hO\'[(!ver, that . . if any successdr to the Owner's interest ~n the Property is .. I~ .. a strQnger to this Acrcc~ent, such successor has first assumed the obligations of· O~'mer ia ;·:ri tins and shall have complied u{th paragr2.ph 3 h~reof. this Agreenent is· executed in San Di~go County> C2.lifornia as of the date first written above. 'm'lHER: DEVELOPER: L R Partnership, a Limited Parte (lJaE!e) By --~~=---------~~-------- CAHLSBAD OF S. SCHOOL DIS'I'RICT ALIFOENIA By~~~~~~~ ____ __ AU'horizcd 0, RNl'IFIED BY GOVER:n~;G BOAED: . _Ja_n_u_a_rY_l_6_, _'_9_8_0 ___ , 001:L -8- 0. <0 :lmh F 0 0 T NOT E S: * This for~ should be used ~hcn the Dcvelopcir is purchasing the land fro:] tl~c lcgo.l owner of the property 0 1/ 2/ J/ Full infor~ation concernipz the owner and developer should be set out here and the nal:-:e of the o,,'mcr should be identical to tbat used by the Owner in holding title to the property. -- The exact leGal description of the property should be set forth on Exhibit !IAII. Insert the number of residential buildi~Gs to be constructed and describe the kinds.and nu~ber of residential units to be constructed, e.g., lOa two-bedroom sinGle fa~ily residences; J~ apartJ;'";cnt buildings consisting of 60 t\-:o-bcclroo!:1 c.po..rt!::cnts; one r::.obilchor.:e park ,·lith 200 mobileho~e spaces. 4/ State \':hether t;1e Devefoper has or I'lil1 apply for a rezoning and/or conditional use per~it or so~e other permit or G.pplic&tion. Where the property is to be rezoned~ state the p~escnt zoninG and the proposed zoning. Where an application nu=ber haD been assiGned bi thp County or the Ci ty ~ state the ntl.rnoer. 5/ The proposed for!:: of bond or ti::le certificate of deposit . should be submitted to the District before the Developer signs this AGreecent to essure that the _bond or certificate \-lil1 be in a form satisfactory to the District 'klhen later delivered. 6/ This event. ,-Till probably be a denial of a rezoning -application or denial of approv.al of' a proposed subdivision map. -9- ( ( / Exhibi t ilAIl Laguna Riviera No. 10 Carlsbad» California December 28, 1979 All that ,portion of Lot uIn Rancho Agua Redionda as' said lot is shown on the Map thereof Noo 823 filed in the office of the recorder of San Diego CountY9 California» more particularly described as follows: Beginuing at the most Southwesterly comer of Laguna Riviera, Tract 74~J9 per Map 8177 filed in the office of $aid Recorder~ being a point in the Southerly boundary line of Neblina Drive and a non~tangent curve concave Southeasterly and having a radius of 290.00 feet; thence along the Southerly boundary line o~ Neblina. Driye and the arc of said "curve through a central angle of 26 47126n~ a distance of 135.60 feet to , a point ,of tangency; thence' N, 57°25 149u E, 169.00 feet to the beginni.ng of a tangent curve concave Southwesterly and having a radius of 20.00 feet; thence a~ong the arc of last said curve through a ,central angle of 90°00'0011 a distance of 31.42 feet to a point in the Westerly boundary line of Hillside Drive; thence S 32°34' 1119 E, 215'.00 feet;~ to the beginning of a rangent curve concave Northwesterly and having a'radius of 374~OO feet; thence Southeasterly along the arc of last said curve through a central angle of 38°32'33" a distance of 251.58 feet to the beginning of a reverse curve having a radius of 20.00 'feet; thence Southeasterly along the arc'! of last said curve and the Westerly boundary line of Valencia Avenue through a central angle 820 42'33" a distance of 28.87 feet; thence S 11°35 '49" W 17 Q57 feet to the beginning of a tangent curve concave Southeasterly arld having a radius of 270.00 feet.; thence Southv.1esterly , along t~e arc of last said curve through a centr.ll angle of 3903} '4211 a distance of 186 .. 27 feet; thence S 27°55'5319 E 235.0[[ feet to, the beginning of a tangent curve concave Northwesterly a~d,having a radius of 520.00 feet; thence Southwesterly along the arc of last said curve through a central angle of 7047'06n a distance of 70065 feet .to a point in a radial line which bears S 690 S1 v 13Vf W; thence leaving the Westerly boundary lin.e of Valencia Avenue S 69°51 1 13" W, 120.00 feet: thence N 230 25 f 58" Yl, 65.00 o • 0 ' feet; thence N 27 53~58iU W, 272.00 feet; thence N 15 56'00" W~ 138.00 feet; thence N 460 30'OOH W~ 209GOO feet; thence N 32q34fllJf'W:J,I70~00 feet; thence S 570 25'491§ Es> 95eOO feet; thence S 32°25'49'1 Ws 60.00 feet; ,,:'::~ :' thence N 51°32 '00" W, 110.00 feet t.o the point of beginn.ing containing ,-<,~:::::,:~,:'~-.-,·3. 35 .acres more or less. :~ 7 .~~ -~:-~ ::~-~. -. . '~--" I, DO NOT DESTR<*HIS NOTE: When paid, this note, with Deed _ust securing same, must be surren~ to Trustee for c-:lncellation before reconveyance will be made. NOTE SECURED BY DEED OF TRUST, (STRAIGHT NOTE) ............... Q~~~!?~~ ............... , California, •••••••••••••• Il.~~~:n~,):J>.~.~ .. Z8. , 19 29 .. .••••••••••..•.• '" ••••••••••••••••••• __ ._ •• ___ •.•.•• ' _________________ • ___ • _. ________________________ • ____ • __________ : ___ • __ • _ •• _ after da te, for value received I promise to pay to __ ._.Q§J;.'l_s_b.ad_.1T.ni!i~_d_.£cb.o_ol._Di.s.tri.c±._ .... _ ............... _ ....... . _··-------g01--pTiie--Aveiiiie··-·-Carlsbad···--Calll.orma:·""'2oci8'-'~""-'-"-'-'--'----" or order, at ••••••• _ •• _ ..•.•••• _. _. __ •• __ . _. _ ••• _ •••.•• 'L •• ___ • __ ' _ • __ . _ ••. _ .t ... _____ .. __________ ' __ .,., .. ~:t ___ . ___ .. _. _._ .. _._ ..... _____ ... ___ ... ____ ..... . the ~um of • .F.i!_tJ;H~n_.T.b..Qus.an.d._T:w_o .. lIu.nd..red._E:i.ghty-.Fi1l"e--.and-.na/1.OO ___ ~_.~ ... _dollors, with interest from ••• Jl.:~:m.~.:i._:9.;t~~_~.$.t._b_e.~ing ____ .. ____ . __ . until paid, at the role of .•• _ •• ~Q~ __ ._ .... _per cenl per annum, po yobl e __ ._ •• __ • ___ ••.• _ •••• _._ ••••• _ ••• ___ ••••• __ ••••• ______ •••• _ ••••••••• _ •••••••••••••• _ c_._ .. __ . ___ • ___ .. __ .. _._ ............... "" -.. -----------_ .. -----... -----------... -----_ .... _-_ ....... _----.. -.. _ ... --... --------....... -~--.............. -.................... -............... -............. --_ ..................... --...... -........ -.. _ .. _ ...... _-----..... . ..................... -_ ............ -_ ...... -_ ...... -_ ............ --.............................. -.................... --..... ------_ ............................... --'"'¥ ........ _ ................... --_ .. ---_ .. --_ ...................................... ;, .... -_ .. -.. Should detault be made in payment of principal or interest, the whole sum of principal and interest sholl, at the option of the holder of this note, become immediately due. Principal and interest payable in lawful money of the United Stoles. If action be instituted on Ihis note, the undersigned promi~ ... _ ••• .to pay such sum as the Courl may adjudge as attorney's fees. This note is secured by a DEED OF TRUST , to SAFECO TITlE INSURANCE COMPANY, a corporation. L R Partnership, a Limited ~.P."'~:rn~~~l!~:;.c::s::i~~-.:: ... = ........ . .. y.--. --·es-·\T:JJ~~~-~::~····--····· .By........ _____ .. ~ ........ ~ _ .. _ .................. __ ._ .. _ J ck D. Cox THIS FORM FURNISHED BY SAFECO TITLE INSURANCE COMPANY L·n·N IG.S.I IRev, 9·711 RECORDING REQUESTED BY .1> e .1 AND WHEN RECORDED MAlt. TO N 'Carlsbad Unified School DiSi} AM": 801 Pine Avenue ADDRESS Carlsbad, California 92008 CITY.at STATE 2.PL Title Order No .. __ ~ __ Escrow NO,------t SPACE ABOVE THIS L.INE FOR RECORDER'S USE DEED OF TRUS1' AND ASSIGNMENT OF RENTS BY nus DEED OF TRUST; made this 28th day of December , 19 79 . between L R Partnership~ a Limited Parblership , herein co:lled Trustor, whose address is P e De Box 1155~ Carlsbad~ California 92008 (number and street) (city) (state zip) . and SAFECO Tn"LE lNSU'RANCE COMPANY. a California corporation, herein called Trustee. and. Carlsbad Unified School District , herein called. Beneficiary, Trustor grants, transfers, and assigns to trustee, in tmst, with POll'lSf of sale, that property in San Diego County, CaJifornjo:, described. ~s: Legal description attached hereto marked Exhibit !lAir and by this reference made a part hereof: This Deed of Trust i.s subject to that certain agreement executed on January 2t 1980 by and between L R Partnership ano. Carlsbad Unified School Districts attached he~etoe Truator at.o CW'IiglW to aeneficiary alll'ents, issues and profits of said realty reserving the right to collect and use the same except during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful means in the name of 01"1Y party hereto. For the PUXPOSQ of securing: (1) Payment of the indebtedtless by one prom.issory note in the principal sum of $ 15 , 285 • 00 of even date herewith. ncTVnh1", tn R .. .,,"'H,.;,......,. ....... ,.! ~ .. ~ .... __ ~,___ _ _______ ,_ ,1.. 'u .. , .• TO 442 CA (3.73) .1Tf~ INSURANCe (Partnership) ,., AND TRUST STATE OF CALIFORNIA , .... ____ } 5S. COUNTY OF LoS Ans.§.lSLS On latW:~ry 2, 1980 t· before me, the undersigned. a Notary Public in and for said State. personally appeared,_-,-______ _ I ,Tack D Cox ___________________________ -=-____ known. to me Oleta A. Name (Typed or Printed) } SS. STATE OF CAUFORNIA, COUNTY OF &o.~ On .:JO.("\u.CI../l..~"5 i Iq~ , before me, the undersigned, a Notary Public: in and for said County and State, personally appeared (Tblo aroo for ,,1II.td notarla! soan .x;cu:lI.llersnJ.p If any money that additional notes r; (3) performance rs of the Counties . respective County Y Book Page- 697 407 1860 581. 2810 975 2581 332. 817 182 630 522 161 393 3137 56'1 396 30S 4182 662 1081 335 564 153 File No. 73-299568 l.!ction B, includir.g l at length and in .ailed to Trustor at lited FOR NOTARY SEAL. OR STAMP ., known to me to be the person (s) whose name (s) is (are) subscribed to the within instrument and acknowledged that executed the same. , ex> ; w RECORDING REQUESTED BY • AND WHEN RECORDED MAIL TO NAME ICarls"?ad Unified School Dis-tl 801 P~ne Avenue ADDRESS Carlsbad, California 92008 CITY'" STATE ZIP L Title Order No ______ Escrow NO .. --___ -f SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS BY THIS DEED OF TRUST. made this 28th day of December , 19 79 , between L R Partnership, a Limited Partnership , herein called Trustor, whose address is P. O. Box 1155~ Carlsbad~ California 92008 (number and street) (city) (state 7.ip) and.SAFECO TITLE INSURANCE COMPANY. a California corporation, herein called Trustee, and Carlsbad Unified School District , herein called Beneficiary, Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in San Diego County, Callfomia, describe~ as: Legal description attached hereto marked Exhibit "Alf and by this reference made a part hereof: This Deed of Trust is subject to that certain agreement executed on January 2, 1980 by and between L R Partnership and Carlsbad Unified School District, attached hereto~ Trustor also assigus to Beneficiary all rents, issues and profits of said realty r~serving the right to collect and use the same. except during contim1ance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful means in the name of any party hereto. For the purpose of securing: (1) Payment of the indebtedness by one promissory note in the principal sum of $15,285" 00 of even date herewith, payable to BenefiCiary, and any extensions or renewals thereof; (2) the payment of a-ny money that may be advanced by the Beneficiary to Trustor, or his successors, with interest thereon, evidenced by additional notes (indicating they are so secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance of each agreement of Trustor incorporated by reference or contained herein. On October 25, 1973, identical fictitious Deeds of Trust were recorded in the offices of the County Recorders of the Counties of the State of California, the first page thereof appearing in the book and at the page of the records of the respective County Recorder as follows: COUNTY Book Page COUNTY Boole Page COUNTY Book Page Alameda 3540 89 Kings 1018 394 Placer 1528 440 Alpine 18 753 Lake 743 552 Plumas 227 443 Amador 250 243 Lassen 271 367 Riverside 1973 139405 Butte 1870 678 . Los Angeles T8512 751 Sacramentlll 131025 59 Calaveras 368 92 Madera 1176 234 San Benito 386 94 Colusa 409 347 Marin 2736 463 San Bernardino 8294 871 Contra Costa 7077 178 Mariposa 143 717 San Franeisc:o B820 585 Del Norte' 174 526 Mendocino 942 242 San Joaquin 3813 6 EI Dorado 1229 594 Merced 1940 361 San Luig Obis~ 1750 491 Fresno 6227 411 Modoc 225 668 San Mcrlele") 6491 600 Glenn 565 290 Mono 160 215 Santa: Barbara 2486 1244 Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Imperial 1355 801 Napa 922 96 Santa Crull 2358 744 Inyo 205 660 Nevada 665 303 Shasta 1195 293 Kern 4809 2351 Orange 10961 398 Sierra 59 439 COUNTY Siskiyolt SolanQ Sonoma Stanislc;;us Sutter Tehama: Trinity Tulare TuolumUE} Venturer Yolo Yuba San Diego Book Page 697 407 1860 581 2810 975 2587 332 817 .182 630 522 161 393 313'7 567 396 309 4182 B62 1081 335 564 153 File No. 73·299568 The provisions contained in Section A, including paragraphs I through 5, and the provisions contained in Section B, including paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in full herein. The undersigned Trustor requests that a copy of any notice of default and any notice-of sale hereunder be mailed t~ Trustor at the address hereinabove set forth, being the address designated for the E.urpose of receiving such notice. L H Part~ership, a Limited . STATE~ OF CALIFORNIA, COUNTY OF CYo.n::rs On .::JCt!lU.Qjl~ -31 iGtW undersigned, a Notary Public in and State, personally appeared - } 55. , before me, the for said County and Partnership ~~.~~~~ yra_c_k __ D_. __ C_O_X ______________________ ~ J. c"~ ~;, .\, FOR NOTARY SEAL. OR STAMP ~; {.~~~ ~.;:~;~ }}~ (' -; .'~~ ~..,.;;.;{, ---: 'known to me (; '-:.~.;" to be the person (s) whose name (s) is (are) subscribed ~ 3: 6 ~ to the within instrument and acknowledged that (. '< :::: ~ 0 . executed the same. L·92 (G S) (Rev 10-73) (8 ·::It. ~~o ~52>::'j' 3'" 'O./~~ . ? C '.,I I "'~. ci» 0 ~~ cm~ ::;'(,,) o{j']r l):o '7.ll' ;;;:~~G)(fl' . z~ .-:c trJ .1 N :;; --l ;::- I, ,!XI o~ l' .... ?;m ( ( • • Exhibit nAil Laguna Riviera No. 10 Carlsbad~ California December. 28 1 1979 All that oportion of Lot iiI" Rancho Agua Hedionda aso said lot is. o shown on the Map thereof No. 823 filed in the office of the recorder of San Diego County, California, more particularly described as follows: o Beginning at th~ most Southwesterly corner of Laguna Riviera Tract 74~J9 per Map 8177 filed in the office of said Recorder$ being a point in the Southerly boundary line of Neblina Drive and a uon~tangent curve concave Southeasterly and having a radius oJ 290.00 feet; thence along the Southerly boundary line 0 5 Neblina Driye and the arc of said curve through a central angle of 26 47'26H , a distance of 135.60 feet to a point oof tangency; thence 0 N 57°25 °49'1 E, 169.00 feet to the beginning of a tarigent curve concave Southwesterly and having a radius of 20.00 feet; o , 0 thence a~ong the arc of last said curve through a ,central angle of 90 00'00" a distance of 31.42 feet to a point in the Westerly boundary line of Hillside Drive; thence S 32°34' 11" E, 2150 .00 feet, to the beginning of a rangent curve concave Northwesterly and having a °radius of 374, .000 feet; thence Southeasterly along the arc of last said curve through a central angle of 38°32'33" a distance of 251.58 feet to the beginning of a reverSe curve having a radius of 20.00 feet; thence Southeasterly along the arco~ of last said curve and the Westerly boundary line of Valencia Avenue through a central angle 82°42'33" a distance of 28.87 feet; thence S 11°35'49" W 17.57 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 270.00 feet; thence Southwesterly along t!:te arc of last said c.urve through a central 8I1g1e of 390 31'42" a distance of 186.27 feet; thence S 27°55'5319 E 235.04 feet too the beginning of a tangent curve concave Northwesterly a~dohaving a radius of 520.00 feet; thence Southwesterly along the arc of last said curve through a central angle of 7°"47'06" a distance of 70.65 feet to a point in a radial line . which bears S 69°51 v 13" W; thence leaving the Westerly boundary line of Valencia Avenue S 69°51'13" W, 120.00 feet: thence N 23°25'5811 H, 65.00 o ~ 0 -feet; thence N 27 53~58n W, 272.00 feet; thence N 15 56 100 if W~ 138.00 feet; thence N 46°30 wOOiV W, 209.00 feet; thence N 32~34 f IIHoVI, 170.00 feet; thence S 570 25'49u E~ 95eOO feet; o thence S 320 25'49f1 W, 60.00 feet; thence N 50 )°32 'OOn W, 110.00 feet to the point of beginning containing 3.35 acres more 01' less.