HomeMy WebLinkAboutPUD 22; BIRTCHER PACIFIC; Planned Unit Development - Residential (PUD)\
No .'_-L-=...:j . 'l/1fo· ~a te App.,ation
PLANNED Ut6 DEVELOPMENT
Receivl'
(Please Print) CITY OF CARLSBAD
1 •. REQUEST: P1ann:ed Ur1it Dev'elopment for __ --=2::;..O=-__ units on
property of approximately ~O
--~=----acres.
2. LOCATION: The subject property is generally located on the
--=~~U=-:.T..J!..H.l..-__ s ide ~ f :PAL.cMAf2. AreJ?av..T gD. bet we e n--:-_____ a n d
3. ASSESS:O.R ' S NUMBER: Book ZJ5 Page 02... Parcel lfa
Book Parcel ---Page -----(If more, please list on
bottom of page).
4. OWNER(S) OR PRI~JCIPLE OF CORP. ~1I2.:rG~el2...1B()StlVess CraA.rrl:f!ff!.. .. . '.
COR~gA"Te-P.~Lom~1?. 21(;H L~<pp..'Z.'Qp, LA%llNA. NIG,Ue-'-Cfz~11 8~I-SoBI name . a.d·dr·ess zip phone
5 • Per so n res po n sib 1 e for pre par a t io n ,of. P J a r.l : ______ --'--_
Hj:;NeV ~LEY A.SSCJCH~.,Te:s 7g1£ ~uv6Y"Ci>:' SAl>J'\)H::-eillq£lU '611-1128 name . address . '., zl-p' p.hone
6. Registration or License No:· __ ~~!::...-~=~~ _______ _
APPLICANTS SIGN~TURE:*
I 'h:ereby dec" are
application is t
i n d i c'a ted 0 nth.e
agreed to.
Name
all informati,on' contained \'Jithin this
e; and that all standard conditions as
attachment have been read, understood and'
Zip Phone
Arthur B. Birtcher 27611 L~'Paz Road, Laguna Niguel, CA 92677 (714)831-8031
*Note: If the appl icant is 'an agent to the property owner, a
signed and notarized letter authorizing the applicant to
represent the property 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
appiicant, the Pianning Department requests that it be given
an opportunity to evaluate and discuss the application and plans
prior to submittal. This request is not a requirement; however,
i t may a v 0 i. d m a Jar red'r aft i n g 0 r rev i s ion 0 f the p 1 a n w hie h 0 n 1 y
serves to lengthen the processing time.
ATTAC Hr1ENTS;
Supplemental Information Form -Planning 20
Standard Conditions -Planning 27
Pre par at ion C he c k Lis t -P 1 ann i n g 3'2
Procedures -Planning 36
FORM Planning 6 Date of Pla.lning Commission Approval ___ _
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SUPPLEMENTAL INFOHMJiTION FORM -
SPECIFIC PLAN/MASTER ~LAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/
PUD/ COND0.HINIUM PERMIT/PF.ECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN.
1)
2)
3)
4)
Gross Acres (or square footage if less than acre)
Number of Lots or Units
Type of Development
. Residential, Commercial, Industrial
Present Zone rp /VI ------~~----.----------Proposed Zone P til ,~~------------(If change requested)
5) General Plan Land Use Designation j?l,..,A,.t-..,H-.JE'D l~nUS7t?,} ~L
6) Source of water supply
7) Method of sewage disposal Cl-ry d~ C~12L.sB~ -i;1/..,ctt.Jt;.
S E:UJ e-e. s.E'P-V leE.' J.'-,..fJ.:e:.-A..
8) Types of Protective Covenants to be recorded ___ ~~LrC:=' ~(~~~;_~~_'~5~ ______ __
9) Transportation modes available to service the development __ ~ ______ _
.k () -r 6 Wlb 'B l L-G I f)u;S J-Co m l1t1 t> TE12... ~ 1 R. L 1 IV E *-P~f2.::::.!.I..::.V~I::..:::...lT~E=-_____ _
AI !'2.c..'f2-~FT
10) School District(s) serving the property _--:..t-J""-jL=A. ____ _
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11) 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' ~A 1 or a combination thereof N~~/~A~' ______________ _
12) Methods proposed to reduce sound levels c.c.1 JZ. IS To ff2..0vtI::€ COIJT'i2..0L
6F use:e.S;; U~Et of LAT~I Aecl·HTeaU\2..A,L l"eC1+/V\CPI.JES FOe Sou/oJD A"irCNUA110fY;
use' 'or-·L.~tJb'SGA>-'t>J IJ b ~s So Ll I.J D ~~U:!....i-.PF.!-eE~!.o.s~ __________ _
13) Methods proposed to conserve energy ec ~ \Z.lS Wl.l..L L.H111'T US-E12:S To •
6P'~ATidJ..JS 'w I TM.. UJUJ c~~ Y ~e-tM~/-.J'P5 ; {.)!Z.Cl4lC'1"e-c.-T!.)'\a.A..L-D~~~W US.//>J4
, eiJG:\t..~Y' ·~J0"5~vf;;,7"1..0A} "'e-c.~NlQI,)e:s ~ MA..')<.IMI:'Z..E' uSE" Or '?OBl.,.\C. l"fGl.!lt..)s?o~TATIOIJI • Ji
Additional sheets may be attached if necessary to answer any of the above
questions.
FORH PLANNING 20 -February 1, 1979
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-• ,-";'J ----~ -------• STANDARD 'lNDITIONS • )
CITY OF _ARLSBAD _
SPECIFIC PLAN/CONDITIONAL USE PERMIT/
VARIANCE/PLANNED' UNIT DEVELOPMENT/
SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT
CONDOMINIUM PER~IT/PRECISE DEVELCP~ENT PLAN
Development shall meet all requirements of the subdivision, zoning.
,and building codes, laws, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more pertinent
requirements and procedures of the City are listed below for your in~
formation and concurrence. Please re?d this list carefully and feel
free to ask for further information or explanation.
1) All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit 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 approval.
2) Development shall substantially conform to the approved plan.
3) All public improvements shall be'made in conformity with City
Standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad and free of all liens and
encumbrances.
, 4)
5)
6)
7)
8)
9)
10)
11)
12 )
Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic 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, and said fire
appurtenances shall be functional prior to commencing such work."
Street trees, as required by the City, shall 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 any existing trees is required
by the City, said removal shall be at the applicantls expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
A detailed grading plan which includes proposed drainage
and erosion centrol landscaping or other measures such as
desilting basins shall be approved by the City Engineer.
Immediately after grading, erosion control landscaping and/or
other mea s u res such as de s i 1 tin 9 bas ins s hall b'e ins tall e d .
This control may be the final landscaping if so approved.
A detailed landscape and sprinkler plan shall be submitted
for Planning Directorls 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 installed or adequate
bonding accepted. Said landscaping shall 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 Carlsbad.
As part of the approval process, the City may modify these conditions or
add others, especially those of a more specific nature. The applicant
will be notified of these modifications or additions by Resolution.
Form Planning 27 /Date of Planning Commission Approval
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\ • • PRF..PARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
-, CONDOMINIUM PBPMIT/SPECIAT. USE PERMIT
A. Documents Required for Submittal:
~L)-Application with supplemental sheet completed.
2~ Standard condition list •
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. 3) Photostatic copy of deed with complete legal description of subject
property or other form of description acceptable to the Planning
Director.
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4) Thirteen (13) blueline' prints of the plan for all applications'
except a PUD which requires 18 prints, Minor Condo permits which
require 3, and Major Condo permits Which require 18. Maps must be
folded in a size not to exceed 8~ x'11.
'REQUIRED PLANS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
PUD: Site Plan*, building elevatLons, landscape plan, crass section
~f proposed grading.
SDP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations, landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveways, and parking stalls
with dimensions, location and dimensions of landscaping.
5) ,Environmental Impact Assessment or Report with fees (if required) 0
6) Fee: Conditional Use Permit, Variance, and Special Use Permit -
$50.00.
Planned unit Development -$50.00 + $1~00 per unit.
Amendments for PUD's -$50.00 + $1.00 per unit within
area being amended.
Site Development Plan -$25.00
Condominium Permit -$50.00 + $1.00 per unit within area
being amended.
7) 300 Foot Radius Map -(Not needed for Site Development Plan,
Special Use Permit and Minor Condominium Permit). A map to scale
not less than 1"=, 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is
impractical.
8) Property O';vners and Occupants List: Two copies of a typewritten
list of self-adhesive (Avery) labels ,of the names and addresses
of all persons owning property (as shown on the latest equalized
assessment roll) and persons in possession~ if different, within
a 300' radius of the exterior boundaries of the subject property.
The latest equalized assessment roll is available in the Office
of the Assessor of San Diego, 1600 Pacific Highway; Room 103,
San Diego, California; telephone 236-3771.
Conversion to Condominiums: In addition to the above property
owners list, the application shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
9) Disclosure Statement.
FORM '32 PLANNING Page One
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10) A written statement by the City Engineer that he finds there
is adequate sewer capacity available for the proposed use at
·the site or that he finds that the proposed use and site can
be adequately served by alternative city approved onsite sewer
system. Applicant, please note, this determination must be
done prior to submitting application and it may require
. preparation on your part to provide sufficient evidence to
the City Engineer. It is suggested you make early contact
with the. Engineering Department for such determination.'
. 11) . For residential projects wi thin Vista, San Marcos,. Encinitas
or San Dieguito .School Districts, the applicant shall indicate.
whether he prefers to dedicate land for school facilities,
.
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate 'land, he shall suggest
the specific land. .
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For residential projects within the Carlsbad Unified School
District, the applicant shall submi~ written confirmation that
~''";school facilities will be available and serve the project at
time of need •
12) 'Pub1ic facility Security Agreement: Secured agreement 'with
application submittal.
13) 1 copy of colored site plan and elevation plans.
14) Reduced 8~"xll" site plan and elevations.
~5) 8~"x1l" Locatio~Map.
B) Drafting of Plan
1) Sheets to be 24"x36" with 1" border (standard "0" size).
2) Scale to indicate: 1" = 10' is generally sufficient; however,
the scale is to be appropriate for sheet size.
• 3) North arrow oriented to top or l.eft side of sheet.
4) Lettering must be legible. It is preferred that it be
drawn by mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the
nearest intersection.
6) Title block with name and address of applicant and drafter,
and pertinent information such as uses, total acreage and
date prepared.
C) Information on Plan
1) Proposed ~nd existing structures:
a) Proposed use of all structures (in general land use
terms) .
b) Building dimensions, setbacks and distances between
buildings.
c) Type of construction proposed. ,
d) Identification of fire rated walls and fire sprinklers
systems.
e) Height and number of stories.
f) Gross floor area per structure.
g) Proposed changes and additions to existing buildings.
2) Existing and proposed right-of-way, public and/or private:
FORM 32 PLANNING
Page 2 Page Two
a)
b)
c)
d)
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Distance from property line to center line of right-
of-way.
Widths of right-of-way.
Location of existing and proposed sidewalks and curbcuts.
Easements, type and location.
3) Parking:
a) Locat~on, size and numbered consecutively
b) Identification of· loading zones.
c) Dimensions of driveways.
4) Landscaping: . a) Existing and proposed trees in the public right-of-way.
b) A schedule showing types, size and location of all
plant materials proposed on site.
c) Indicate a permanent watering system for all landscaping
areas by showing the location of v,rater lines.
5t Refuse pickup areas (not required for detached housing projects).
6) Signs: Size, location and height of existing and proposed signs.
7) Lot lines and dimensions.
8) Location of watercourse or areas subject to flood.
"9) Location of proposed storm drains or other means of drainage
(grade and size).
10) Topographic contours. at two feet intervals, with indication
of manufactured slope.
11) Cross section of proposed grading. Existing contours and
proposed graded contours for all grades of 4:1 or greater
shall be shown. . ,
12) Delineation of development phasing.
D) Miscellaneous Information for Planned unit Development and
Condominium Permit Applications.
1)
2)
3)
FORM 32
Page 3
Document explaining who shall be responsible for maintaining
open common areas and how maintenance is to be performend.
Document explaining special development standards requested.
For custom horne Planned Unit Development, all development
standards listed in Section .21.45.120 shall be included.
Elevation of proposed buildings (not required for custom
horne PUDS).o
Page Three
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PROCEDURES
l} Application to Planning Commission: In an effort to aid the
applicant, the Planning Department requests that it be given a.n
opportunity to evaluate and discuss the application in its various
~tages of development prior to submittal. It is more effective if
applicant meets directly with staffi however, written or telephone
cornrnunic~tion is acceptable. It is the responsibility of the
applicant to make the initial contact for such meeting.
2) -Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3)
4)
5)
6)
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Review: After accepting the application-staff will submit it to _
the department review board (DCC) to ascertain if further information
is necessary. Staff w.:lll attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
Notice: Upon completion of the application review, the applicant
will be informed by letter if further information is required if
any, or if the application is complete what date it will be heard
by the Planning commission.
Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended review dates as well as Planning
Cornrnission hearing dates. The date your request will be heard is
selected from this aalendar. You may acquire this calendar at the
Planning Department.
Staff Review: Staff prepares a report for the Planning Commission.
This report is reviewed-by the Departmental Coordinating Committee
(DCC), which is made up of representatives from -the departments of
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Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon Gompletion of t.his
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
ommendations will be available at the Planning Department five days
prior to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date) .
7)
8)
9}
Hearing: The Planning Commission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Commissiqn will either make a recommendation and forward
to City Councilor take final action.
Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
llO) days after the Planning Commission action. The applicant
~hould review with staff the procedure on the various types of
applic~tions.
Fin~l Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978.
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If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advis8d.
APPLICANT:
AGENT:
MEMBERS:
Birtcher Business Center -Corporate Palomar
Name (individual, partnership, joint venture, corpc1ration, syndic~tion)
27611 La Paz Road, Laguna Niguel, CA 92677
Business Address
714-831-8031
Telephone Number
None
Name
Business Address
Telephone Nurriller Campbell:Palomar, a general partnership
Robert M. Campbell, general partner
Name (individual, partner, joint
venture, corporation, syndication)
27611 La Paz Road, Laguna Niguel, CA 92677
Home Address
----------------------------------------------Business Address
714-831-8031
Telephone Number Telephone Number
Campbell:Palomar, a general partnership By: Birtcher Pac"ific (Ronald E. and Arthur B. Birtcher, general partners)
Name Home Address
27611 La. Paz Road, Laguna Niguel; CA 92677
Business Address
714-831-8031
Telephone Number Telephone Number
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(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.
Birtcher Business Center-Corporate Palomar
. Agent, Owner, Partner
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." Form l";o. 1084 (10/73)
california Land Title Association
Standard Coverage Policy Form
Copyright 1973 • • &J-SD ----c -----
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POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Conlpany
SUBJECT TO SCHEDULE 8 AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE
INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. AnV defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street
or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage
and is based upon
8. usury, or
b. any consumer credit protection or truth in lending law; ,
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule 8 in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in
Schedule B.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company
BY PRESIDENT
ATTEST~~ SECRETARY
BI 445434 RECEIVEDJUL 24 1980
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t1 m*SCsmsrm=sH * M 1 ~n-sC7.1.tHQ « •• ~ -m :r""'bSnD'lh*:-''':;''''''-36(0'7 . . .. 0/" -1 g-c,'r« -~ ... -. -_ ..
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CLTA Standard Coverage Policy
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SCHEDULE A
Title Fee: $-0-
Amount of Insurance $1,100,000.00
Date of Policy: February 1, 1980 at 8:00 A.M.
1. Name of Insured:
Policy No. 812824-1
BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR,
a California limited partnership .
2. The estate or interest referred to herein is at Date of Policy
vested in:
BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR,
a California limited partnership
3. The estate or interest in the land described in Schedule C and
which is covered by this policy is:
FEE
CLTA Standard Coverage Policy
SCHEDULE B
This policy does not insure
attorneys' fees or expenses,
following:
against loss or damage, nor against costs,
any or all of which arise by reason of the
Part One:
'I. Taxes or assessments which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property
or by the pubUc records.
Proceedings by a public agency which may result in taxes or assessments, or
notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public
records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof which are not shown by
the public records.
4. Discrepancies, conflicts in boundary lines,
encroachments, or any other facts which a correct
and which are not shown by the public records.
shortage in area,
survey would disclose,
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or
in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water.
6. Any rights, title, interest, estate or easement in land beyond the lines of
the area specifically described or referred to in Schedule C, or in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing in this paragraph shall modify or limit the extent to which the
ordinary right of an abutting owner for access to a physically open street
or highway is insured by this policy.
7. Any laws, ordinance or govermental regulation (including but not limited to
building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the
land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such
law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless
notice of the exercise of such rights appears in the public records.
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9. Defects, liens, encumbrances, adverse claims, or other matters (a)
created, suffered, assumed or agreed to by the insured claimant; (b) not
shown by the public records and not otherwise excluded from coverage but
known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured ciaimant
to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; Cd)
attaching or created subsequent to Date of Policy; or (e) resulting in loss
or damage which would not have been sustained if the insured claimant had
been a purchaser or encumbrancer for value without knowledge.
II
CLTA Standard Coverage Policy
SCHEDULE B
Part Two:
1. Second Installment, General and Special taxes for the fiscal year
1979-80.
Said taxes may be subject to reassessment and increase.
2. An easement for either or both pole lines, underground conduits and
incidental purposes in favor of San Diego Gas & Electric Company by
instrument recorded February 16, 1920 in Book 798, page 243 of
Deeds.
Said easement is described as follows:
A strip of land 2 feet in width and being 1 foot on each side of
the following described center line:
Beginning at a point on the Westerly line of said Lot G, 4 feet
North of the Southwest corner of said Lot G; thence Easterly and
parallel with the South line of said Lot G, 10,3.09 feet.
Beginning at a point on the Southerly line of said Lot G, 3,128
feet East of the Southwest corner of said Lot G; thence North 20
feet; thence East 2 feet; thence South 20 feet; thence West 2 feet
to POINT OF BEGINNING.
Beginning at a point on the Southerly line of said Lot G, 4,318
feet East of the Southwest corner of said Lot G; thence North 20
feet; thence East 2 feet; thence South 20 feet; thence West 2 feet
to POINT OF BEGINNING.
Beginning at a point on the Southerly line of said Lot G, 6,548
feet East of the Southwest corner of said Lot G; thence North 20
feeti thence East 2 feet; thence South 20 feet; thence West 2 feet
to POINT OF BEGINNING.
Beginning at a point on the Southerly line of said Lot G, 7,723
feet East of the Southwest corner of said Lot Gj thence North 20
feet; thence East 2 feet; thence South 20 feet; thence West 2 feet
to POINT OF BEGINNING.
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Reference is made to said instrument for further particulars.
3. An easement for either or both pole lines, underground conduits and
incidental purposes in favor of San Diego Gas & Electric Company by
instrument recorded April 15, 1954 in Book 5205, page 416 of Offi-
cial Records.
Said easement is described as follows:
Said easement being a strip of land 200 feet in width, lying 50
feet Southwesterly and 150 feet Northeasterly, measured at right
angles of the following described route:
Beginning at a point on the Westerly line of Lot F of Rancho Agua
Hedionda, as shown on the Partition Map thereof No. 823 on File in
the Office of the San Diego County Recorder, which point bears
South 87°25'01" East, a distance of 2,025.08 feet; thence South
6°48'36" West, a distance of 1,218.96 feet; thence South 0°26'13"
East (Record South 0°32' 00" East) a distance of 314.95 feet from
Corner No. 6 of said Lot F; thence from said POINT OF BEGINNING
South 47°21'38" East, a distance of 4,165.03 feet; thence South
58°25'28" East, a distance of 7,485.11 feet to a point on the
Southerly line of said Rancho Agua Hedionda, distant thereon 486.95
feet Easterly from the intersection of the Westerly line of Section
23, Township 12 South, Range 4 West, San Bernardino Base and Meri-
dian, with the Southerly line of said Rancho Agua Hedionda; thence
continuing in a Southeasterly direction.
Reference is made to said instrument for further particulars.
4. An easement for either or both pole lines, underground conduits and
incidental purposes in favor of San Diego Gas & Electric Company by
instrument recorded April 15, 1954 in Book 5205, page 419 of Offi-
cial Records.
Said easement is described as follows:
Said easement being a strip of land 100 feet in width, lying 50
feet on either side of the following desc'ribed center line:
Beginning at a point on the Westerly line of Lot F of Rancho Agua
Hedionda, as shown on the Partition Map thereof No. 823, on file in
the Office of the San Diego County Recorder, which point bears
South 87°25'01" East, a distance of 2,025.08 feet; thence South
6°48'36" West, a distance of 1,218.96 feet; thence South 0°26'13"
East (Record South 0°32' 00" East) a distance of 737.82 feet from
Corner No. 6 of said Lot F; thence from said POINT OF BEGINNING
South 47°57'48" East, a distance of 5,723.16 feet; thence South
39°32'53" East, a distance of 2,776.96 feet; thence South 43°08'53"
East, a distance of 460.39 feet to a point on the Southerly line of
,
said Rancho Agua Hedionda, distant thereon 2,612.84 feet Westerly
from the intersection of the Easterly line of Section 22, Township
12 South, Range 4 West, San Bernardino Base and Meridian, with the
Southerly line of said Rancho Agua Hedionda.
Reference is made to said instrument for further particulars.
5. An easement and right of way for public road purposes over and
across Road Survey No. 1534 according to Map on file in the Office
of the County Surveyor, and as granted to the County of San Diego
by deed recorded June 25, 1958 in Book 7138, page 318 and October
4, 1960 as File No. 198369, both of Official Records.
Said instrument also grants the privilege and right to extend and
maintain drainage structures and excavation and embankment slopes
beyond the limits oJ said right of way where required for the
construc-tion and maintenance thereof.
6. Record of Survey Map No. 6493, recorded December 15, 1964 as File
No. 227495 of Official Records, which purports to set out the
property in question with other property.
7. An easement for sewer pipelines and incidental purposes in favor of
Buena Sanitation District, recorded January 5, 1965 as File No.
001288 and on September 21, 1965 as File No. 171355, both of Offi-
cial Records, described as follows:
A strip of land 10 feet in width, lying 5 feet on each side of the
following described center line:
Beginning at Engineer Station 99+10.74 as same is shown on Road
Survey 1534, filed in the Office of the County Surveyor of San
Diego County; thence South 78°20'53" East, 269.93 feet; thence
South 39°02'30" East, 1,475.02 feet to the TRUE POINT OF BEGINNING;
thence South 77°17'26" East, 475.99 feet; thence South 81°58'18"
East, 347.66 feet; thence South 77°27'31" East, 318.91 feet; thence
South 83°32'43" East, 195.71 feet; thence North 85°48'57" East,
391.93 feet; thence South 69°30'23" East, 588.21 feet; thence South
76°10 '16" East, 737.13 feet; thence South 58°01' 34" East, 601. 44
feet; thence North 77°36'34" East, 757.91 feet; thence North 56°40'
East, 406.41 feet; thence North 65°18'45" East, 441.15 feet; thence
North 59°25'35" East, 357.09 feet; thence North 38°04'38" East,
297.17 feet; thence North 19°36'38" East, 800.03 feet; thence North
46°47'18" East, 391.90 feet; thence North 0°33'53" East, 687.81
feet; thence North 13°09'38" East, 268.66 feet; thence North
24°46'15" East, 307.33 feet; thence North 39°37'20" East to a point
in the Northerly line of that portion of said Lot G as conveyed to
Carlsbad Properties by Deed recorded in Book 6260, page 294 of
Official Records. The sidelines of said 10.00 foot strip of land
to be lengthened or shortened so as to terminate Westerly and
Northerly in boundaries of said Deed.
• .,
Reference is made to said instrument for further particulars.
\
8. A drainage _swale affecting the herein described property as shown
on Parcel Map No. 1110.
9. A Reservoir affecting the herein described property as shown on
Parcel Map No. 1110.
10. A Building line as shown on said Parcel Map No. 1110.
11. Limit of proposed street widening as shown on said Parcel Map No.
1110.
12. An easement and right of way for sewer purposes and incidental
purposes as granted by instrument recorded April 3, 1974 as File
No. 74-83017 and July 5, 1978 as File No. 78-279136, both of Offi-
cial Records, over, under, along and across a strip of land, 20.00
feet in width, being 10.00 feet on each side of, and measured at
right angles to, the following described center line:
EASEMENT "A":
Beginning at the intersection of the center line of Road Survey
1534 with the Southwesterly boundary of the land shown on Record of
Survey Map No. 6493 (Sheet 2 of 2), as filed in the Office 'of the
County Recorder of said County, said intersection being a point in
a 1,200.00 foot radius curve concave Southwesterly; a radial line
to said point bears North 26°49' 33" East; thence Southeasterly
along said curve through a central angle of 23°36' 46" an arc dis-
tance of 494.54 feet to a point hereinafter referred to as Point
"A"; thence tangent to said curve South 39°33'41" East, 391.64 feet
to the beginning of a tangent 1,200. 00 foot radius curve concave
Northeasterly; thence along said curve through a central angle of
49°02'34" an arc distance of 1,027.15 feet; thence tangent to said
curve South 88°36'15" East 785.00 feet to the TRUE POINT OF BEGIN-
NING; thence South 01°23'45" West, 250.00 feet, more or less, to
the center line of that certain(10.00 foot wide easement to Buena
Sanitation District recorded January 5, 1965 as File No. 1288 of
Official Records. \
EASEMENT "B":
Beginning at the above mentioned Point ~'A"; thence South 50°26'19"
West, 100 feet, more or less, to said Southwesterly boundary of
Record of Survey Map No. 6493.
EASEMENT "C":
Beginning at the above mentioned Point "A"; thence South 39°33'41"
East, 391. 64 feet to the beginning of a tangent 1,200. 00 foot
I
radius curve concave Northeasterly; thence along said curve through
a central angle of 48°00 I 00" an arc distance of 1,005.31 feet;
thence leaving said curve on a prolongation of a radial line South
2°26'191t West, a distance of 160.00 feet more or less, to the
center line of that certain 10.00 foot wide easement to Buena
Sani tation District recorded January 5, 1965 as File No. 1288 of
Official Re~ords, and the right of others to use said easement as
conveyed or reserved in various other instruments of record.
Reference is made to said instrument for further particulars.
13. The limitations, covenants, conditions, restrictions, but deleting
restrictions, if any, based on race, color, religion or national
origin, reservations, easements, terms, liens, assessments, provi-
sions and charges as contained in the Declaration of Restrictions
recorded October 1, 1974 as File No. 74-263897 of Official Records.
All liens created by this Declaration of Restrictions, including,
but not limited to, any regular or special assessments for the
payment of money, shall be subordinate to the lien created by any
such bona fide first mortgagee or beneficiary under a Deed of
Trust.
An instrument declaring a modification of said covenants, con-
ditions and restrictions was recorded June 1, 1977 as File No. 77-
212678 of Official Records.
An instrument declaring a modification of said covenants, con-
ditions and restrictions was recorded June 27, 1977 as File No. 77-
252979 of Official Records.
SCHEDlJLK"'G
The land referred to in this policy is situated in the State of Cali-
for~ia, County of San Diego and is described as follows:
SEE. LEGAL DESCRIPTION ATTACHED
ti·
\
LEGAL DESCRIPTION~
ORDER NO.812824-1
PAGE NO. 1
Parcel 2 of Parcel Map No. 1110, in the County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego
County, November 10, 1972 as File No. 302114 of Official Records.
EXCEPTING therefrom that portion' lying Northeasterly of the Southwest-
erly boundary of Carlsbad Tract No. 73-49, according to Map thereof No.
8418, filed in ,the Office of the County Recorder of San Diego County,
November 19, 1976 as File No. 76-389371 of Official Records.
dd/bls
1/29/80
..-----~
~.
I
INDORSEMENT
Attached to Policy No. 812824-1
Issued by
First American Title Insurance Company
1. This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a
one-to-four family residential structure, in which the 'Insured Owner resides or intends to reside. For the purpose of this
Indorsement the term "residential structure" is defined as the principal dwelling structure located on said land together
with all improvements thereon related to residential use of the property except plantings of any nature, perimeter
fences and perimeter walls, and the term "Insured Owner" is defined as any insured named in paragraph 1 of Schedule A
and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's
heirs, distributees, devisees, survivors, personal representatives or next of kin.
2. The Company hereby insures the Insured Owner of the estate or intere'st described in Schedule A against loss or damage
which the Insured Owner shall sustain by reason of:
a. the existence at Date of Policy of any of the following matters:
(1) lack of a right of access from said land to a public street;
(2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of im-
provement 0(1 said land, in progress or completed at the date of the policy, except those liens arising out of
a work of improvement for which the insured has agreed to be responsible.
b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes
as the result of a fincH Court Order or Judgment, based upon the existence at the Date of the Policy of:
(1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any ease-
ment shown as an exception in Part II of Schedule B of said Policy, or onto any unrecorded subsurface
easement;
(2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage
shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or
contract of sale referred to in this Policy;
(3) any violation of applicable zoning ordinances to the extent that such ordinances ragulate (a) area, width or
depth of the land as a building site for the residential structure; (b) floor space area of the residential struc-
ture; (c) set back of the residential structure from the property lines of the land; or (d) height of the
residential structure.
c. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the
extraction or development of the minerals excepted from the description of said land or shown as a reservation
in Schedule B.
The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate,
the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and
nothing contained herein shall be construed as extending or changing the effective date of said Policy.
This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as
modified by the provisions hereof.
First American Title Insurance Company
BY
BY
CLTA Form 126.1 (6-5-75)
II
INDORSEMENT
Attached to Policy No. 812824-1
Issued by
First American Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the 'Insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to
the extent hereinafter specified.
2. "Adjustment Date" is defined, forthe purpose of this Indorsement, to be 12:01 a. m. on the first January 1 which
occurs more than si~ months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse·
ment is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above. by increasing the maxi-
mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the
terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce
Composite Construction Cost Index (base period 1967) for the month of September immediately precf'ding ex·
ceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of
insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less
the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations. re-
duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for
years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be
deemed to be the amount which is in force as of the date on which the insured claimant first learned of the
assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of
such claim, whichever shall first occur.
Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
First American Title Insurance Company
SY
SY
PRESIDENT
~/ -I-i/~) ,1,-' ... ~STANT SECRETARY 'y:.----.. , ~ '~~
NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges
(if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy.
FA -11 (9-30-74)
Owner Infl~tion
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CHANGES
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1--1r-.• -'--, "'-_~l~ i. ~;! i.: (~-::!.2.
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MAP 823 -RHO AGUA HEOIONDA -
ROS 6493
-I~MS14 ~ rllQ ••• ,< '",o<iT "'r7i'J PG 02 ..... ·pro LSSO_lS HlP. • 'OV"n l~S SllI nIlL·, L_.:~ --~----------... ------_ ..... _.\ -------------. ------------_._-----------_. ---------,---
~
;
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
4328 DOCti 2001-0362002
JUN 04, 2001 11:14 AM
CfFICIit. IIlliOO
IW4 DIEGO (lUffi' ~IS CFFlCE
Gl\f6ORY J. SMITH, IllMY REOOIDER
FEES: 7.00
Space above this line for Recorder's use
Assessor's Parcel Number
Project No. & Name
213-020-16
CT 80-38/'B.tJD;:2'2~ Birtcher
Business Center
RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES
NOTICE IS HEREBY GIVEN that on April 20, 2001, the Agreement between the City
of Carlsbad and Birtcher Business Center for payment of public facilities fees for the above
described property required by an application for CT 80-38/PUD-22 and recorded on
07/24/1981 as Document No. 81-234736 was satisfied and is hereby released.
Dated: ~ ~Sj,:;ool
S TO FORM:
ALL, City Atrsey _
' t ---By: ____ ~~~~~~~~---------
Deput City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
CITY OF CARLSBAD
Communit ' Development Director
COUNTY OF SAN DIEGO .
. On t:j,va,"t0JS;;,;)00 I before me,. ~rku-a.. dedtm, Notary Public, personally
appeared mil e TIt{ tleeo'l'li!..-, [X1 personally known to me -or [ ]
proved to me on the basis of satisfactory evidence to be the person~ whose name!7' is/~
subscribed to the within instrument and acknowledged to me that he/sh9/tR~y executed the same in
his/Riir/th~ir authorized capacity(~), and that by hisfR-eI/'tl,ei, signature(.81' on the instrument the
person~ or the entity upon behalf of which the person(.i1' acted, executed the instrument.
(SEAL)
Rev. 01-06-98
..L _.
~"/I
ARTICLES OF INCORPORATION
OF
PALOMAR OAKS BUSINESS CENTER ASSOCIATION
ONE: The name of this corporation ("Associa-
tion" herein) is PALOMAR OAKS BUSINESS CENTER ASSOCIATION.
TWO: This corporation is a nonprofit mutual
benefit corporation organized under the Nonprofit Mutual
Benefit Corporation Law. The purpose of this corporation is
to engage in any lawful act or activity for which a corpora-
tion may be organized under such law.
THREE: The Association's initial agent for ser-
vice of process is Mr. Robert M. Campbell, whose business
address is 27611 La Paz Road, Laguna Niguel, CA 92677.
FOUR: The Association shall have and exercise
any and all powers, rights and privileges which a corporation
organized under the Nonprofit Mutual Benefit Corporation Law
may now or hereafter have or exercise, provided that the
Association shall not, except to an insubstantial degree,
engage in any activities or exercise any powers that are not
in furtherance of the following purposes of the Association:
(a) To bring about civic betterments and social
improvements by providing for the preservation, management,
maintenance and care of the architecture and appearance of
an industrial and commercial office planned development
known as Palomar Oaks, a Birtcher Business Center ("Project"),
located in the City of Carlsbad, County of San Diego, State
of California.
(b) To promote the common good, health, safety
and general welfare of all of the residents within the
Project.
(c) To exercise all of the powers and privileges
and to perform all of the duties and obligations of the
Association arising from that certain Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements for
Palomar Oaks, a Birtcher Business Center (the "Declaration")
recorded or to be recorded with the San Diego County Recorder
and applicable to the Project, as such Declaration may be
amended from time to time.
FIVE: The classes of Membership and the voting
and other rights and privileges of Members shall be as set
forth in the By-Laws. Amendment of these Articles of In-
corporation shall require the vote or written consent of a
majority of the Board of Directors and both (1) at least a
majority of the total voting power of the Association, and
(2) at least a majority of the voting power of the Associ-
ation residing in Members other than the Subdivider ("Grantor")
of the Project. In addition to the foregoing, as long as-
there exists more than one class of Membership, amendment of
these Articles shall require the vote or written consent of
at least a majority of the voting power of each class of
Members.
FULOP, ROLSTON,
BURNS 8< McKITTRICK
A LAW CORPORATION
,'" ~ ~,(,»
-(
The undersigned, who is the incorporator of the
Association, has executed these Articles of Incorporation on
, 19 ---------------------------------------
ROBERT M. CAMPBELL
STATE OF CALIFORNIA
SS.
COUNTY OF
On , 19 , before me, the
undersigned a Notary Public in and for said;State, personally
appeared ROBERT M. CAMPBELL, known to me to be the person whose
name is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for Said State
-2-
FULOP. ROLSTON.
BURNS 8< McKITTRICK
A LAW CORPORATION