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HomeMy WebLinkAboutPUD 23; ROMBOTIS; Planned Unit Development - Residential (PUD)e'~ No. lSi. ' ~"1 Date App1e,tion Receiv~ "')' " 97t1Jf/-;IT~~ --II If r (j ~Jir (Please Print) PLANNED UNIT DEVELOPMENT CITY OF CARLSBAD 1. REQUES1": Planned Unit Development for 7 units 0n -___ 1..--__ property of approxi rna tel y _~, .. 02 -'---""'------acres. 2. " LOCATION: The subject property is generally located on the _W_e_s_t_e_r_l~y--:..._side of Valencia Avenue between Park Drive and Sevilla vi ay 3· ASSESSOR'S NUMBER: portion of Boo k 202 P age 100 Par c e 1 51 Book ---Page __ _ Parcel -----(If more, please list on bottom of page). 4. OWNER(S) OR PRINCIPLE OF CORP. ___ L_._·_R_ .. _P __ ar_t_n_e_r_s_h~ip~,_P~ .. _O~e~B~ox=._ 1155, Carlsbad, Ca& 92008 729-7911 ---------------------~.---------~----.-~---~~--address zip phone name 5. Person responsible for preparation of Plan: ____________ ___ 6. Raymond R.. Ribal name 270 Se Brea Ste 203, B~ea, Ca. 92621 529-4991 address ZlP phone _ . Registration or License No: ____ ~R=E~1_1~3~6~ ________________ __ APPLICANTS SIGNATURE:* I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and to. Address Phone .. 7 ).t(-7e?11 *Note: If the applicant is an agent to the property owner, a signed and ~otarized 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 an opportunity to evaluate and discuss the application and plans prior to submitta1. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form -Planning 20 Standard Conditions -Planning 27 Preparation Check List -Planning 3"2· Procedures -Planning 36 FORM Planning 6 __ .~_ Date of Planning Commission Approval ____ _ ./ f I SUPPLEMENTAL INFORMATION FORM : . '\ \. _....J SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/ PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN. 1) Gross Acres (or square footage if less than acre) __ 2~O~ Acres 2) Number of Lots or Units 7 3) Type of Development Residential Residential, Commercial, Industrial 4) Present Zone P.o. Proposed Zone (If change requested) 5) General Plan Land Use Designation Residential ----~~~~~~~--------.------------ 6) Source of water supply ____ ~O~i~t~y~o~f~C~a~r~l=s=b~a=d ______________________ ----- 7) Method of sewage disposal ~C~i~t~y~o~f~C~a~r=l=s~b~a~d~ ________________________ ___ 8) Types of Protective Covenants to be recorded See attached proposed OC&R's 9) Transportation modes available to service the development North County Transit District bus servicee 10) School District(s) serving the property Carlsbad Unified School District . 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 . , , or a combination thereof 12) Methods proposed to reduce sound levels None Needed. 13) Methods proposed to conserve energy Low flow faucets, low flow shower'heads, full exterior insulation of walls and ceilin~areas, electro-spark ignitors (no pilot light) on furnaces and cooking appliancese Full weaterstripping of exterior doors. Additional sheets may be attached if necessary to answer any of the above questions. :b"OR1-1 PLANNING 20 -February 1, 1979 " . STANDARD 'lNDITIONS • CITY OF ~ARLSBAD SPECIFIC PLAN/CONDITIONAL USE PERMIT/ VARIANCE/PLANNED' UNIT DEVELOPMENT/ SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT COIiDOiviII~IUt1 PER;·jIT /PRECISE DEVELCPi·iENT PLAN Development shall meet all requirements of the subdivision, zoning. and building codes, laws, ordinances or regulations of the Clty 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 read 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) 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 applicant1s 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 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 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 .. PREPARATION CHECK LIST CONDITIONAL USE PERMIT/VARIANCE PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN . CONDOMINIUM. PERMIT /SPECTAIJ USE PERMTT A. DQcuments Required for Submittal: ~) Application with supplemental sheet completed. ~Standard ~ondition list~ 3) Photostatic copy of deed with complete legal description of subj ect property or other form of description acceptable to the Planning Director. 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 ~l. REQUIRED PLANS ARE AS FOLLOWS: .' CUP and Variance: Site Plan* PUD: Site Plan*, building elevations, landscape plan, cross section of 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 PeFmit, 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 Owners 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 · " -, 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 mus't 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) Foi residen~ial projects within 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. . \ 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) 'Public facility Security Agreement: Secured agreement with application SUbmittal. 13) I copy of colored site plan 'and elevation plans. 14) Reduced 8~"xll" site plan and elevationso 15) 8~"xll" Location"Map. B) Drafting of Plan 1) Sheets to be 24"x36" with 1" border (standard "D" 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 pertiBent information such as uses, total acreage and date prepared. C} Information on Plan 1) Proposed a?d existing structures: a) Proposed use of all structures (in general land use terms) . b) Building dimensions, setbacks and distances betvleen 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 addi,tions to existing buildings. 2) Existing and proposed right-of-way, public and/or private: FOR~ 32 PLANNING Page 2 Page Two ,I [ /. I I ~ a) b) c) d) 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 water lines. st 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 nf 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) " Page Three :. . -'. PROCEDURES 1) Applica'tion to Planning Conunission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application in its various, stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication 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) Review: After accepting the application staff will submit it to the department review board (DCC) to ascertain if further information is necessary. Staff will 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. 4) 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. 5) 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 Commission hearing dates. The date your request will be heard is selected from this calendar. You may acquire this calendar at the P,lanning Department. 6) 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 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 completion of this 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) . 71 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 Commission will either make a recommendation and forward to City Councilor take final action. 8) Appeals: Final actions by the Planning Commission may be appealed to the City Council, provided such appeal is filed within ten ~O) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 9} Final Decision: The City will notify the applicant and property owner of the ~inal decision. FORM: PLANNING 36 'DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978. t tl I \, \ \) , / I APPLICANT DISCLOSURE FORM ) 'f .-> In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time o'f submitting their application. When this form has been completed and, signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, numbe~ of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. ,-I . ~ '1 / .... M:_~' _ • ..--., ... ~~ ....... ~ .. ~ ... _4:.' .. ';& _____ ;.;. .......... : ...... -:... _~ ...... ~_" ___ ... "',::,~w, ...l--' .• _c; ~ --.-:..---. ".---,/ " . .......... ' \ ) , r ./ If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: AGENT: MEr<lBERS : L. R. Partnership Name (individual, partnership, joint venture, corporation, syndication) P. o~ Box 1155, 325 Elm Avenue, Carlsbad, Ca. 92008 Business Address 729-7911 Telephone Number Kamar Construction Co., Jerry L. Rombotis Name P. O. Box 1155, 325 Elm Avenue, Carlsbad, Ca. 92008 Business Address 7a9-7911 Telephone Number Robert L. Rombotis Name (individual, partner, joint venture, corporation, syndication) 2341 Nicklaus, Oceanside Home Address 325 Elm Avenue, Carlsbad, Cae 92008 Business Address 729-7911 4-33-3130 Telephone Number Telephone Number Jerry L. Rombotis 1730 Calavo Court, Carlsbad Home Address Name 325 Elm A .... enue, Carlsbad, Ca .. 92008 ~usiness Address 729-7911 729-5080 Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. rl RECORDING REQUESTEDIY AND WHEN RECORDED MAIL TO NAME: I ADDRESS Carlsbad Unified School Dis • 801 Pine Avenue CITY 81 . STATE Carlsbad, California 92008 ZIP LAttn: Robert A. Crawford-.J Superintendent Title Order No. _____ Escrow NO. ______ 1 • SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS BY THIS DEED OF TRUST. made this 3rd day of September , J 9 80 ,between L. R. PartnershiPt a Limited Fartnership J herein called Trustor, whose address is P. 0., Box 1155i Carlsbad, California 92008 (number and street) (city) (state zip) and SAFECO TI'l'LE INSURANCE COMPANY, a California corporation, herein called Tmstee, and Carlsbad Unified School District , herein called Beneficimy, Trustor grants, trans'fers, and assigns to trustee, in trust with power of sale, that property in . San Diego County, California, described as: Legal description attached hereto marked Exhibit "A" and by this reference made a part hereof: This Deed of Trust is subject to that certain agreement executed on by and betvleen Leo R .. Partnership and Carlsbad Unified School District, attached hereto .. Trustor also aSllign!!! to Beneficiary all rents, issues and profits of said realty reserving lhe 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 any party hereto. For the purpose of securing: (l) Payment of the indebtedness by one promissory note in the principal sum of $ 7,203.00 of even date herewith, payable to Beneficiary, and any extensions or renewals thereot; (2) the payment of any 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 Book Page COUNTY Book Page' Alameda 3540 89 King2 1018 394 Placer ll528 440 Alpine 18 753 Lake 743 552· Plumas 221 443 Amadox 250 243 Lassen 271 367 Riverside 1973 139405 Butte 1870 678 Los AngElles 1'8512 751 Sacramento 131025 59 Calaveras 368 92 Madera 1176 234 San Benito 386 94 Colusa 409 347 Marin 2736 463 San Bernardino 8294: 871 Contra Cost(E '1071 178 MariposC( 143 117 San Francisco B820 585 Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 EI Dorado 1229 594 Merced 1940 361 San Luis Obispo 1150 491 Fresno 6227 411 Modoc 22,5 668 San Mateo 6491 600 GleIlIl 565 290 Mono 160 215 Sama Barbara 2486 1244 Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 113 Imperial 1355 801 Napa 922 96 Santo: Cruz 2358 144 Inyo 205 660 Nevada 665 303 Shasta 1195 293 Kern 4809 2351 Orangs 10961 398 Sier.c(l 59 439 COUNTY Siskiyou Solano Sonoma Stanislaus Sutter TehamQ: Trinity Tulare Tuolumne Ventura Yolo Yuba: San Diego Book Page' 697 401 1860 S81. 2810 !175 2581 332 811 182 630 522 161 393 3137 561 396 309 4182 662 1081 335 564 163 File No. 73-2995£8 The provisions contained in Section A, including paragraphs 1 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 to Trustor at the address hereinabove set forth, being the address designated for the purpose of receiving such notice. . STATE OF CAUFORNIA, } SS .. COUNTY OF On , before me, the underSigned, a Notary Public in and for said County and Slate, personally appeared , known to me to be the person (s) whose name (s) is (are) subscribed to the within instrument and acknowledged that executed the same. L-92 (G.S.) (Rev. 10-73) (8 pt.) L. R. Partnership, a Limited Partnership By James v. Jensen By Jack D. Cox FOR NOTARY SEAL OR STAMP . " -~I ,.., Speediset ® MoorelBusiness Forms, Inc.oS .. -.--~--.... -. -.-" .---._-----.~ ._------_.---, -._--_ .. -_ .. ------' ---: DO N<;>T DESTROY THIS NOTE: Wh~n paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance will be made. NOTE SECURED BY DEED OF TRUST (STRAIGHT NOTE) $._2_\_?_Q2~~Q.Q ________ _ _ ___________________ Q_~J:§J?~9.: __ ._ .. __ . __ , California, _. ______ $.~pt_~_mR5?*'._.3..~Q._._, 19 ~Q_ . . __ .• ______ • _._ ••• _._. ______ • __________________ • __________ . ________________ • _. _____ .. ________________ e. ___ • ____________ •••••.•• _._ after do Ie, for value received I prom iss to pay to • __ •• Garlshad_.Unified . .Bcho.ol .. Dis.tri.c.t.. ___ ._._ .... _ ... ___ .. _. __ ._. __ . •• _ ••••••• _ ••••• _. _ ••••••••••••••••• _ •••••• __ ••• __ •••••• _ ••• _ ......... _ ••• ________ • ____ ••• ___ ••• _. ___ • __ • __ •••• _ •• _. ________ •• ___ •• ,. or ord er, at . __ . __ .... 8.Q1 __ :p.i_n~ __ AyJ1nU~_, ___ Qgrl_$.Qa,Q._,.-. .Q-9.,li!.Q.r.ni9.._. __ 9ZQ'O.8 ____ . _____________ . ______ . ________ . ___ .• the sum of __ Q~y~.n __ ~h911,.§.s:mg, ___ 'J~J'lQ_Jlltml~~.d..._~bJ;>.E;1.~_.~sJ._ .. :nQ1.:J.QQ __ =. __ ~ __ -:= __ ~ ___ ~ __ :: __ .":'doIIQrs. with interest from ___ .nQn.~inter.e.s.t __ be_~g.-------.-.--.. until paid, at Ihe role-of ._. ___ "!';.Q~ ___ ... ___ par cant per ann u m, pa y a b I e • _________________________________________ • _________________ • ___ • _____________ • ____ ._. ______ o. ______________ • ____ • _____ • _______ e. ~~~TiiI~i~iiQt~~~I§~~~i~9.1it§~~~!Qi_~~:~~Qyi_Iti~§.~~::~~5i\t£~~Si:~:~j:~:&ii~1i::Q§iii~ii~:::=~ ___ ~~§-e-m~nt---d9.,t~.d---$..~:pt.eJJiR~r:.-.3-'_--:19-8.Q--§~-e_c..yt~9. __ Jt1.--L-9---R~--~.9:+-tn.f!.:r;:~tQ.~-'P. ___ .. . ___ q;g,d __ Q_~l§J;;>_~d. .. Um,.J.~~g. __ .$..~gQQ_l. ___ P.1§~_:£~Q:t1_'!.. ________ . __ . __ . ___ ._ .. _._ ..... _______ .... ___ .. ____ . __ .. _ ..... . , ........... _____________ ... __ .. ___ .. _________________________ ..... ___ ..... ___ ... ________ .. _ .. _ ......... __ .... _ ................ _ .... _ ...... ___ ..... ___ ................. _ ........... _ ..... ____ .. _.,.. ..... _ .... __ .. '" .. l. .. _ ... _ ... ... Should default be made in payment of principal or interest, the whole sum of prinCipal and interest shall, at the option of the holder of this note, become immediately due. PrinCipal and interest payable in lawful money of the United States. If action be insti/uted on this note, the undersigned promisa _______ .to pay such sum as the Court may adjudge as attorney's fees. This note is secured by a-DEED OF TRUST . 'to SAFECO TITLE INSURANCE COMPANY, a corporation. L. R. PartnershiPf a Limited __ ~_~~~~~E..~_~~J2 ____ ~ ___ e, _. ___ • ____ • ________ • ____ ._. _____ _ . _ ~ y. ___ . __ ----------------__ ---------------_. --_ .. _ .. _._-__ e. ___ _ James V ... ·Jensen . __ By _____ .. ____________ . _ .. _ . ________ . ________ .. ___ .. ___ . __ . ____ .. Jack D. Cox THIS FORM FURNISHED BY SAFE CO TITLe INSURANCE COMPANY L-77-N (G.S,) (Rey. 9·711 .. ' .. • SECURED AGREEMENT BETWEEN OWNER~ DEVELOPER, AND CARLSBAD UNIFIED SCHOOL. DISTRICT* THIS SECURED AGR~EMENT is entered into this , 3rd. day of Se:Rtember 198~~ by and between 1/ , ' ~~_R._Partner_s_~~}~E ____________________ . ________________ __ TName or Legarnwnel") (co~~~T~~~E~~p:-~FFc-.-.~.~------~----' ---------~--------, hereinafter refert'ed to as 1I(}l.·mer" ~ whose address is .."."..,,,...-,.,,..,...,,...,.-.. ___ _ (Street) 325 Elm Avenue, Carlsbad, California 92008 --~~~'--~'----'--~------~------------~------------------~ 729-7911 "T(";;'Cl~' t~y"'~'-:S;:::-:t:-a"';"t-e -, """lZ'"'"i -p ~c'-o""de-}\"""'--, -~----------""-""'--(r:.P~hc;ne-Numb8r) --) and Kam~ Construction Co., Inco (Name of Developer) ~ a Corpo'ration (Corporatl0n~ PartnerSh~c ••. ) .hereinafter ,referred to as "Developer" ~ whose address is "'T'<:"':----:"'r---' (Streat) 325 Elm Avenue __ ~~ ______ ~ __________________ ~ ___ ~ ____ • __ ~:. _____ ~ __ c_. ______ .~ Carlsbad, California 92008 TCTty-:-State; Zip Cod'e} and 729-7911 , -(Phone Number )- CARLSBAD ,UNIFIED-SCHOOL DISTRICT of San Diego County, Califor'nia~ h'ereinafter referred to as IIDistrictll!) whose address in 801 Pine Avenue~ Carlsbad~ California 92008. • WIT N E SSE T H: A. WHEREAS 9 Owner is the owner of the real property described on EXHIBIT IIA" attached hereto and by ttl"is refere!1ce incorporated herein b.Y reference~ and hereafter referred to as IIPropertyli 2/; and Bo WHEREAS 5 the Propet'ty lies within the bou,ndaries of District; and Co . WHEREAS~ Deve·loper has contracted \lJith Ownel" to purchase the Property and proposes to construct ]I on said PropertY5 which development carY'ies the proposed name of ~ ____ _ Laguna Riviera Unit 11 and is hereafter referred to as "Develop~ ---=~=---~.~~==~~,~~--------- D. WHEREAS~ Developer intends to file Q {Filled ~n the ' _day of __ _ with the 'County of San Diego and/or' ~19~8~~in~t~e-n~ds~t~o-'~fl~"1~e~J------------- the City of Carlsbad a request for 4/. Approval of a Tentative Map and P.U.D§ for 7 houses. Eo WHEREAS s Owner, Developer and.Distr"ict recoginze that school facilit- ies and services will not be ava"rlable to accommodate children who may sub- sequently move into the proposed development; and -2- e· L WHEREAS, Owner and Developer' have requested of the Distri ct assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is p~esently proposed and the Owner and Developer are aware that the District cannot, and will not, be able to give Owner and Developer any such assurances without financial assistance to pay for such services ·and facilities; and G. WHEREAS, the Owner and Developer agree to provide such financial assistance in accor.dance with the terms of this agreement and the District agrees· to provide assurances that school facilities· and services will be availa.ble to meet the needs of the future residents of the development as it is presently proposed. NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: 1. The.Owner and Developer shall pay to the District the sum of One thousand twent -nine and no 100 ------------------------dollars, $ 1,029) Or whatever sum is in effeGt at the time bui ding permits are issued ---- for each dwelling unit to be construCted in the Development. The number-of Dwellings units to be const~ucted shall be determined from t~e approved sub~ division map of the Development, as recorded in the Office of the County Recorder. The term "dwelling unit ll as used in this agreement means a place of residence· and may be located in either a single or multiple dwelling unit buildi~g. Such payments shall be made in accordance w~th the following provisions! 1.1. The total amount due hereunder shall be paid to the district in installments equal to $ 1,029 times the number of dwelling units for (or whatever sum is in effect at time building permits are issued) . -3- ". , • which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the . . Development. Such ins~allments shall be due and payable to the District c·oncurrent with application by Developer> for issuance of said building permits. 1.2 Any payments not made by the Owner and Developer when due and payab.le shall bear interest at the rate of seven (7) percent per annum. 2. The Owner and Developer' may in the future . offer' to donate a school site in lieu of all or part of the finahcial obligation ~greed. upon .. in paragraph 1 above, which offer the DistriCt shall consider, but is not , obligated to accept. 3. To secure Owner's and Developerls obligation hereunder, Owner and Developer shall provide to District the securities called·for in subpar'agraph 3.1 or 3.2 or 3.3: 3.1 A surety bond in favor of District in a form acceptable to District from an insurer acceptable to Dis trict in the: sum of $ ____ _ to insure Owner1s and Developer's performance of the terms of this agree~ mente 51. .3.2 .A bank or savings and loan time certificate of deposit in the amount of $ ______ ina form acceptable to Di s tri ct nami ng the -4-/ I- ..,- District as an irrevocable assignee for the term of this agreement, and -expressly provid·ing that any ·interest accruing on the time certificate of deposit shall be solely the property of depositor and the District shall have n~ rights to any such interest~-5/ 3.3 Such other sec~rity 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 writi-ng . -for Owner or Developer~ and upon request~ assurances necessary to enaQle Owner or Developer to comp·'y with any requirements of public agencies as evidence of adequate school facilities and services sufficient to accommodate --the needs of th.e developments _ herei n des cri bed. 5 . All ob 1 i gat; ons hereundet~ sha 11 term; nate in the event 5/ ___ _ Develoner does-not r~ceive approval from City of-Carlsbad or Coastal . ~ -. Commission and the Distri ct shall within ten (10) days after written not; ce to Distt; ct by Develope.rs deliver to Developer necessary documents f?r-releasing the security -provided. t.o District pursuant to paragraph _ 3 hereof. 6. Any notice form one party to the other shall be in writing, and sha 11 be dated and signed by the party gi vi rig such noti ce or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 6.1 If notice is given to the District, by personal delivery -5- •• , . • • thereof to the District or by depositing the same in the United States Mai 1, addressed to the Distri ct at the .address set forth herein, enclosed in a ~ealed envelope addressed to the District for attention 'of the Superintendent~ postage prepaid and certified. 6.2 If 'notice is given to Owner, by personal delivery thereof to Owner or by depositing the same in t~e United States Mail,. en~losed in a sealed envelope addresseed to Owner at the address set forth herein or at such other address as may' have been designated, postage prepai~ and ~ertified. 6.3 If notice is given to Developer~ by personal delivery thereof to Developer or by depositing the same ;n the United States Mail, enclosed in a sealed envelope-addressed to Developer at the address set forth herein or at such other address as may have been designated, postage prepaid and certified. 6.4 If notice is given to a surety or other person, by personal delivery to such surety or other person or by depositing the same - in th~ United States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last cOl11l1unicated to' the party giving notice, postage prepa1d and certified. 7. This Agreement shall be binding upon and shall inure to the benefit of. and shall apply to, the respective successors and assigns of Owner, Developer and District, and references to Owner, or Developer, or the District herein shall·be deemed to be reference to and include their respective successors and assigns without specific mention of such seccessors and assigns. -6- • If De-vEl .. loper should cease to have any interest in the Pr'operty~. Ci.n obligations of Developer hel"f}undet'·shal1 terminate; provided" howev.ers: that any successor' of Developer's interest in the PY'operty sh(l,ll have· first assumed in writing the Developer's obHgaticlllS hel"e~,mdtH'" and shan have complied with paragraph 3 hereof. At such time as Ov!n~r ceases to have any interest ill the Pt~operty~ all obligations of Ownel" hereunder' shall terminate; ·prov·ld~d!l however, that if any successor to the (X-mer's inter'~ est in'the Property -is a stra'nger to this Agreement~ such successor has ,first assumed the obligations of Owner in writing and shan have cQmpHed wi th paragraph 3 hereof 0 ' IN WITNESS WHEREOF II this Agreement is excutec.tin' San Diego County, Califomia as of the date first written above. OWNER: L. R. Partnership, a Limited Partnershlp (N e) ----. ~r~~~~~~~~~~~== ames • nsen By ~.4£~ Gen~a~ ~~ DISTRICT. Partner =:...:..:..:.::.;:..;.... \ RATIFIEO BY BOVERNING BOARD: ____ ~Se~p~t~e~~~e~r~3 ______ .~ 1980 DEVELOPER: Kamar Construction Co., Tnc .. TN'arne) ~ Bf2~z7(fg~~_ Title (7 ~ ~ _ . __ ~ By -7- , . ' . • F 0 0 T NOT E 5: * This form should be used when the Developer is purchasing the land from the legal owner of the property. . 11 Full information concerning the Owner and Developer should be set out. here and the name of the 0wner should be identical to that used by the Owner in holding title to the property . . ~ The exact legal description of the property should be set forth on Exhibit "A". ~ Insert the number of restdential buildings to be constructed and describe the kinds and namber of residential units to be constructed, e.g., 100 two-bedroom single family residences; 4 apartment buildings consisting of 60 two~bedroom apartments; one mobilehome park with 200 mobliehome spa~es. 4/ State whether the 'Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is· to be rezoned, state the present zoning and the propos- ed zoning. Where an application number has been assfgned by the County or the City~ state the number. 5/ The proposed form of bond or time certificate of deposit should ~e submitted to the District before the Dev~loper signs this Agreement to assure that the bond 'or certificate will be in a form s'atisfactory to the [}istri ct when later del i vered. ~ . . 6/ Thi s event wi 11 probably be a deni a 1 of a rezoni n9 app 1 i cati on or denial of approval ora propose~ subdivision map_ -8- .. :. -", ,', . vlhen Recorded Ha. To : I,. RIO Partnership, LTDc. 325 Elm Avenue Carlsbad, California 92008 DECLARATION OF P~STRICTIONS o--=_."'~....,.. ·r~. This Declaration of Restrictions made this day of ~ by L0 R~ PartnershIp, Ltd., a .'!;!:'L"':"i-m-:Oi"":"t-e~d--~p~~ar-D"':"·t-n-e-rshl.p, herein referred to as !!o\VNERfI is the . O\~er of that cert~in real property in the Cit~ of Carlsbad, County of San Diego 9 State of Ca.lifornia, described as -follows: . Lots 1 tru:.ougb. ? 'inclusi va of CARLSBAD TRACT 80- in the' City of Carlsbad, County of San Diego, State of California, according to Map thereof No~ . filed. in the Office of the County Recorder of San -'. Diego on.. .._ ,. \tJITNESSETH: .!1 Jtlr btH ,...... That 'the said O'vner does hereby Certify ~d Dec.lare that it has established and does hereby establish the general plan for the protection of all of said real property, and has fixed and does hereby fix the protective Conditions and Re- strictions upon which and subject to "vhich all said real property shall be held, leased, sold and/or conveyed by said O\~er, which sa~d Conditions and Restrictions are ~or the '. benefit of all said real property, and shall inure to and pass with all of said real property and each and every part thereof shall app~y to and bind the respective successors in interest" of the present-O\mer thereof, as follows t -'Go-\'lit: 1~ That said real property s~all be used for only Single~ Private Residential purposes'and that no building, other than One Single~ Private, First Class Dwelling, with custOIDa:t'y out-bv.ildings, including garage i shall ever be -2. erected, placed or permitted.on any Lot. . .' No residence shall be erected, constructed, placed or permitted on any Lot or portion thereof which shall con- tain less than 1,000 square feet of ground floor area in the case of a One Story Th'lelling nor \'lhich shall contain less than 700 square feet of ground floor area on the Fi~st ~loor and not less than a total of 1,000 square feet 'in the case of a Two Story Dwelling. In neither case shall the area of an in~luded garage be used to make up the minimum floor area.' ·e 3. No garage or carport shall be converted to or be used for Ii ving quarters until the O,\·mer of any Lot shall have applied for and obtained a Building Permit for an alternate location for a ~yo Car Garage or Carport which will comply with all Municipal Ordinances and Requirements. 4. No house trailer, boat trailer or utility trailer or Camper Shell shall be permitted to park in any front setback area of any lot for a period of more than 48 hours~ 5. No noxious or offensive activity shall be carried on upqn any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhoode 6. That no Lot or portion thereof shall be used for poultry or stock raising, feeding or breeding. 7. That each of the Owners of a Lot in said Tract will permit free access by Ovmers of adjacent or adjoining lots to slopes or dr~nage'ways located on his property which affect said adjacent or adjoining lots, when such access is essential for maintenance of permanent stabilization on said slopes or maint.enance of the drainage facilities for the protection and use of property other than the Lot on which the slope or drainageway is located. That each Owner of a Lot in said Tract will not in any way interfere with the established drainage pattern over his Lot from adjoining or other Lots in said Tract, or that he will make adequate provisions for proper drainage in the event it is necessary to change the established drainage over his Lote For the Purposes hereof, "established" drainage is defined as the drainage which occurred at the time the overall grading of said Tract, including the landscaping of each Lot in said Tract, was completed by the undersigned Grantor. 8. That any building erected on any of said Lots which has been completed shall be deemed to comply with each and all of the Restrictions contained herein and no Action shall be brought to enforce said Restrictions by reason of any violation occurring in the erection of said building after the same has been completed, anything contained herein to the contrary not withstanding .. 9. That the foregoing Conditions, Restrictions and Covenants shall continue in full force and effect until January 19 2010 and thereafter for successfive periods of Ten (10) years each, provided the Ovrners of a majority of said Lots have Executed and Re.corded at any time within Six (6) Months prior to January 1, 2010 or within Six (6) Months prior to the expira.., tion of any of said successive Ten (10) Year period, in the manner required for the conveyance of real property, a Written -2- • Agreement in which is set forth an Agreement on the part of said Owners of a majority of said Lots or Parcels may provide that said Restrictions so continued shall not apply to cer- tain of said lots or parcels, all of which extensions and limitations shall become effective on the expiration date of the Restrictions in force at the time of such extension or limitations. 10. Invalidation of anyone of these Covenants by Judgment or Court Order shall in no wise affect any of the other provi- sions; which remaining provisions shall continue in full force and effect. 11. If the parties hereto, or any of them, or their Heirs, or Assigns, shall violate or attempt to violate any of these Covenants herein, it shall be lawful for any other person o~ming any real property situated in said Development or sub- division to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Covenants and either to prevent him or them from so doing or to recover damages or other dues for such violations .. 12. A Breach of the Covenants, Restrictions or Conditions shall not render invalid the lien or charge of any Mortgage or Deed of Trust in good faith and for value on said Lots or Property or any portion thereof, but said Covenants, Restric- tions and Conditions shall be binding upon and effective against any Ovmer of said land whose Title is acquired by the Foreclosure of any lien or r'10rtgage thereon or Sale under any Deed of Trust given to secure the payment of Money. 13. The Covenants, and Restrictions hereby Adopted and Established do not and shall not be construed nor shall a breach or viola- tion thereof be so construed as to create, vest· or reserve to the above named Owner or his Assigns, any reversionary rights, title or interest in or to the above described land or any part thereof. In vvi tness Whereof, We have hereunto set our· hands the day and year first herein above written. L. R. Partnership, Ltd., a Limited Partnership By General Partner By Genera.l Partner -3- Al • • State of California County of ____________ ~ ______ ____ On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared __________________ ___ known to me to be of the partners of the partnership that executed the 1Hithin instrument, and acknowledged to me that such partnership executed the same. Signature PUBLIC fACILITIES FEE REQUIREMENTS City Council Policy Number 17 requires that all developers . requesting a discretionary action for a project pay a public· facilities fee in the amount of two-percent of the building valuation. The fee is computed by the Building Department and paid at the time the building permit is obtained. In ·the case of a cbndominium conversion, the fee is tal~ulated on the bu·ilding valuation·at the time t~e fee is .paid and the fee must be paid prior to obtaining a final map on the project. .. . In addition to the above, a completed, signed and notarized agreement to pay the public facilities fee must be submitted with any application for a discretionary action. This agreement form should be completed as follows: 1. Selected the appropriate form for either (a) the developer and owner are the same ~arty, o~ (b) the developer and owner are different. 2. Fill in the date the agreement is· completed, the name and address of the developer (and owner, if appropriate) and state if each is an individual, partne:·~hip, corporation, etc. 3. Fill in .the ty~e of project proposed to be constructed such as lIa l~-unit condominium ll or "30,000 square foot shoppi ng center," etc. and the propos ed name (i f any). 4. Fil·l in the date the request will be (or was) submitted and the type of request such as lIa tentative map," a IIcondominium permit,1I IIrezoningll, etc. 5. Fill in the short legal description of the property on the last sheet. 6. Sign the form in the presence of a notary and have the notary attach an acknowledgement of execution to the form. RHA:mmt 2/14/80 . , " • After recording return to: •. -t 4 . CHy of Carlsbad 1200' Elm Ave. Carlsbad, CA 9200a , . AGREEMENT BETWEEN DEV£LOPER-uWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF-A PUBLIC FACILITIES FEE THIS AGREEMENT ,is entered into this 5th day of September , 19 80 ,by and between ,Kamar Construction' Co. ~------~~--~----------~--------------------------~--------------' (name of developer-owner) a Partnership ,hereinafter referred to as (Corporation, partnership, etc.) ~'Developer", whose address is 325 E.lm Avenue --~~~~--~-----------------------' (street) Carlsbad a Ca. 92008 and THE CITY OF " , ~~------------~----~~----------------------(City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereina'fter referred to, as "City", whose address is 1200 Elm Avenue,' Carlsbad" California, 92008. " WIT N-E SSE' T H: WHEREAS, Developer is the owner of the real property described on Exhibit '''A'', attached hereto and made a part of this agreement, -hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of Ci'tYi 'and WHE~AS, Developer proposes a development project as follmvs:, 7 Single Family Dwellings '. .. " • o~ said Property, which development carries the proposed name of Laguna Riviera Unit 11 ------------------------------------------------------------------ and is hereafter referred to as "Development"; and . WHEREAS, Dev~loper filed on the 5th-day of September .' 19~, with the City a 'request for PUD and Tentatjve Map (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council' 'find that all public ,facilities necessary to serve a development will be available concurrent with need or such develop~ent shall not be approved . , (said element is on file with the City Clerk and is incorporated by this reference; and WHEREI:.S I Developer anc;1 City recognize the correctness of . Council Policy No. 17 I dated August 29, 1979, on file with the City-Clerk and incorporated by this reference; and that the City"s public facilities and services are at capacity and will not be available to accommodate the additional need for public f~cilities and services resulting from the proposed Development; and 'WHEREAS, Developer has asked the City to find that pub~ic facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make apy such finding without financial assistance to pay for , such services and facilities; and, therefore, Developer proposes ~ 2 •. . ' ~, "",- to help satisfy the Genera~ Plan as implemented by Council Policy No. 17 by payment of a public facilities fee • . 'NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facil'ities fee in an amount not to exceed 2% 0; the building permit valuation of the buildings or structures tob~ constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fee~ paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 'Developer shal~ pay a' fee :for conversion of existing buildings or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall ,be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the 'Carlsbad Municipal Code. Condominium ,shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, exceptin reference to mobilehome sites or projects, shall not refer to grading permits or other permits for . ·the construction of underground or street improvements, unless no .. other permi~ is necessary pr~or to the use or occupancy for which , 3. . ' the development is intended. Developer shall ,pay to City a public facilities fee in the sum of $1,150 for each'mobi1ehome space to be constructed pursuant to 'the Request. The fee shall be paid prior -to the issuance of building or other construction permits for the development. This fee ~ha11 be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Car1sbad,Municipa1 Code~ A credit toward such fee shall be given for land which has been dedicated for park purposes or for-any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers.to donate a site or sites for pU9lic 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. Suc~ determination, when made, shall become a part of this agree-. mente Sites donated under this paragraph shall not include improvements . required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3.. This' ~greement· and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Development ~ill not be consistent with the' General Plan and any approval or permit for the Development shall 4. . . . • . . be void. No building or other construction permit or entitlement for'use shall be issued ~ntil the public facilities fee required by this agreement is paid. 4. City agre~s to deposit the fees paid pursuant to this agreement in a public facilities fund for the financi~g of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment .of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to c~mply with any requirements of other public ag~ncies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereund~r shall terminate in the event the Requests made by Developer are not approved. ··7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such not~ce or by a duly authorized representative of such party. Any such notice shall not be effec~ive for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail"addressed to the City at the ?ddress set forth'here~n, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal de~ivery thereof to Developer or by depositing ~he same in the United States 5. .. . '''' Mail, enclosed in a sealed envelope, addressed to Developer at the 'address as may have been designated, postage prepaid and certified. '8. This agreement shall be binding upon and shall inure to the, benefit of, and shal,l apply to, the respective successors and ass~gns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, howeyer, that any successor of Developer's 'interest in the Property shall have first assumed in writing the Developer's obligations hereunder. 9. This ~greement shall be recorded but shall not create a lie.n or security interest on the Property. When the obligations of this, agreement have been satisfied, City shall record a release. III III 111- III III III III III , III ill "" , 6<;, '.' IN WI~NESS WHEREOF, this agreement is executed in San 'Diego county, California as of the date first written above. DEVELOPER-OWNER: (Title) By ____________________________ __ (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO I JR'_I City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By ______ ~~~ __ ------______ ----------City Manager (Notarial acknowledgement o'f execution by DEVELOPER-m'lNER must be attached.) , '" I 7. r I r, ... MUNICtI'Al ENGINHRING • • RAYMOND R. RIBAL MEMaEl AMERICAN SOClrr'f CIVil fNGINffRS VALUATtONS. SU~VEYS " DESIGN. SUPERVISION CIVil AND SANITARY ENGINEER 770 so. BREA BLVD., SUITE 203 BREA. CALIFORNIA 92621 529·4991 ~oundary Description Laguna Riviera No. 11, CT 80- That portion of Lot I 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 southerly corner of Laguna Riviera Unit No.5 according to Map No. 7260 filed in the office of the County Recorder of San :.Diego County April 18,. 1972? said point being in the arc of a 520 foot radius curve concave Westerly~ a radial line through said point of beginning bears South 69051'13" West; thence South 69 051'13" West, 150.00 feet; thence South 12°26'0011 East, 60.00 feet; thence South 3°33'36" West~ 120.00 feet; thence South 7°33'36" West 294.00 feet to a point in the Northerly boundary line of'Park Drive; thence South 82026 v241i East along said Northerly' line of Park Drive to the beginning of a circular curve concave Westerly, having a radius of 20.00 feet; said point also being a point in the boundary line of Laguna Riviera Unit No. 4 according to Map No. 6529 filed in the office of the County Recorder of San Diego County on April 20, 1967; thence along the Westerly blmndary of said Laguna Riviera Unit No. 4 the following bearings and distances: Northerly along the arc of last said curve, through a central angle. of 90°00'00" a distance of 31.42 feet; North 7°33'36" East 263.68 feet to the beginning of circular curve concave Westerly and having a radius of 520.00 feet; Northerly . 0 along the arc of last said curve through a central angle of 27 1.~2 t23 1l a distance of 251.46 feet to the point bf beginning;:' ! .. Q~Q~ taymond R. Ribal ReE 1136 ~:lj r:) ...... U) •. ..j ! . .1 -.. ":::t. \ \~ " \ '~"""--' --"'"""'---=-• "IiH =m~,...-_m_. ____ ...;;.~_----~-~--L-4~