HomeMy WebLinkAboutPUD 87-01; CARLSBAD RESEARCH CENTER; Planned Unit Development - Residential (PUD)•
LAND USE PLANNING APPLICATION -
,
AOOINISTRATIVE AcrIOOS
REQUEST
0 Administrative Variance
0 P1armed Industrial PeImit
129 Minor Planned Development
, ~omplete Descrlpt10n of ProJect (attach addlt10nal sheets 1f necessary)
The application proposes a tentative parcel man and a minor nlanned
development over an existing lot within the Carlsbad Research Center for
the purpose of subdividing the lot • Site ,approved under Resolution .
#2429 (SDP 84-10).
Locat1on of ProJect
2382-'2386 Faraday Avenue
Legal Descript10n (complete)
See attached Exhibit "A" .
Assessors Parcel Nurrber
212-062-11
Zone General Plan Mixed use. ExlStlng Land Use Slte Acreage
C-M Pl!RS/clTS!U Office Building's 6.037 acres
Owner Appllcant
_ Name (Print or Type) Name (Pnnt or Type)
One Carlsbad Research Center
Mallulg Address Mall1ng Address
7330 £/Ilg)heeV' Qa"J
Clty and State ZlP Telephone (6 /45
C1ty am State ZlP Telephone
,$Ah Yic.3°) 04-q;;.. Jt I ~q;)-03S()
I CERl'IFY '!HAT I /1M '!HE IffiAL ~R AND I CERl'IFY '!HAT I /1M '!HE ~R I S REPRESENTATIVE
THAT ALL WE ABOVE INFORMATICN IS TRUE AND '!EAT ALL '!HE AOOVE INFORMATION IS TRJE
AND mRRECl' '10 '!HE BEST OF MY I<NCMrLEOOE. AND mRREcr '10 ,'nIB ~ST OF MY KNCMIEOOE.
SIGNAJtJ:l j.« ~. =E~ SIGNA'lURE DA.TE
~. ~-8Jo/e7
Da1i!VAppV~t'~ Rec' d Recelved By Fees Rece~~ R~1pt No.
, 1:';/7 /t/c'
pP-/11-ijoo .--
-• '1i 'Vb - / t,,5-!!!..' .
Date App,hcat1on ~ec'd Staff AsS1gned t Case Nunt>er
£rJP--/tJ 7 . /
NOTE: Site Plan, Building Elevations and Floor Plans were approved at
initial application. Landscape Plan (Req. C) was also approved
at initial application and no~ needed for this application.
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ORDER NO. 951720-18
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREBT, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
JULY 9, 1987
THE KOLL COMPANY
7330 ENGINEER ROAD
SAN DIEGO, CALIFORNIA
ATTN: CHARLIE ABDI
OUR ORDER NO. 951720-18
DATED AS OF JULY 6, 1987 AT 7:30 A.M.
/~ I / (_ ) ',-.~' tJ 'PI~
RANNY J. HiikER/JAW -TITLE OFFICER
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PARCEL MAP GUARANTEE
TITLE TO SAID ESTATE O~ INTEREST AT THE DATE HEREOF IS VESTED IN:
ONE CARLSBAD RESEARCH CENTER, A CALIFORNIA LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
PAGE 1
ORDER NO. 951720-18
AT THE DATE HEREOF-EXCEPTIONS TO COVERAGE IN ADDITION TO:THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM.WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, ALIEN,
NOT YET PAYABLE.
2 . SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3. 5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
PARCEL NO. 859-048-04-95.
ORIGINAL 1ST INSTALLMENT $4,550.78 PAID
ORIGINAL 2ND INSTALLMENT $4,550.78 PAID
NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE·,.·
PARCEL NO. 869-009-09-06.
ORIGINAL 1ST INSTALLMENT $1,776.11 PAID
ORIGINAL 2ND INSTALLMENT $1,776.11 PAID
OTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
3 • THE L!EN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
4. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
5. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED JUNE 12, 1970 AS FILE NO. 102775 OF OFFICIAL
RECORDS, LOCATED WITHIN PARCEL B AS SHOWN ON SAID PARCEL MAP NO.
13114.
GRANTOR THEREIN COVENANTS, FOR HIMSELF, HIS SUCCESSORS AND
ASSIGNS NOT TO PLANT TREES, DIG WELLS OR PLACE OR MAINTAIN ANY
BUILDING OR STRUCTURE ON SAID EASEMENT.
PAGE 2
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ORDER NO. 951720-18
6. AN AGREEMENT REGARD.,ING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED JULY 17, 1980, UPON THE TERMS, COVENANTS, ANQ CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE KOLL COMPANY AND THE CITY OF
CARLSBAD.
RECORDED: JULY 23, 1980 AS FILE NO. 80-230925 OF OFFICIAL
RECORDS.
AFFECTS PARCEL A.
7. THE FACT THAT THE OWNERSHIP OF SAID LAND' DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM EL CAMINO REAL ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10330.
8. THE LIMITATIONS, COVENANTS, ·CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES BUT DELETING RESTRICTIONS, IF ,ANY, BASED ON RACE.,...
COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED MAY 12, 1982 AS FILE NO.
82-141190 OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED AUGUST 17, 1982 AS
FlLE.NO. 82-253862 OF OFFICIAL RECORDS, DESC~IBED AS FOLLOWS:
THE EASEMENT SHALL BE STRIP OF LAND, INCLUDING ALL OF· THE AREA
LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3
FEET MEASURED AT RIGHT ANGLES ON EACH EXTERIOR SIDE OF EACH AND
EVERY FACILITY INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN ON
EXHIBIT "A" ATTACHED TO SAID INSTRUMENT.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCELS A AND B.
. PAGE 3
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ORDER NO. 951720-18
10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,
DATED, DECEMBER 9, 1982, UPON THE· TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN. _
EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER AND THE
CITY OF CARLSBAD, A MUNICIPAL
CORPORATION.
RECORDED: FEBRUARY 24, 1983 AS FILE NO. 83-058943 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCELS A AND B.
11. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED NOVEMBER 19, 1984, UPON THE TERMS, 'COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CARLSBAD RESEARCH CENTER
(AGENT: THE KOLL COMPANY) AND THE
CITY OF CARLSBAD.
RECORDED: DECEMBER 31, 1984 AS FILE NO. 84-486163 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
12. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS
AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND
ELECTRIC COMPANY, RECORDED MAY 22, 1985 AS FILE NO. 85-180315 OF
OFFICIAL RECORPS, LOCATED WITHIN THE NORTHWESTERLY 5.00 FEET OF
PARCEL B.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
13. A CONDITIONAL CERTIFICATE OF COMPLIANCE DATED MAY 22, 1985 AND
RECORDED JUNE 3, 1985 AS FILE NO. 85-195471 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
14. AN EASEMENT FOR CONDUITS AND CABLES FOR POWER TRANSMISSION AND
COMMUNICATION PURPOSES TOGETHER WITH THE RIGHT OF INGRESS THERETO
AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF COSTA
REAL MUNICIPAL WATER DISTRICT, RECORDED MARCH 10, 1986 AS FILE
NO. 86-092689 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH WITH THE SIDELINES LYING 5.00
FEET AND 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING
DESCRIBED BASE LINE:
PAGE 4
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ORDER NO. 951720-18
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "B"; THENCE
ALONG THE WEST LINE OF SAID PARCEL "B" NORTH 23 ° 27' 04" WEST
410.00 FEET T~ THE TRUE POINT OF BEGIN~ING. -
THENCE LEAVING SAID WEST LINE ALONG SAID BASE LINE (SAID
SIDELINES LYING 5.00 FEET NORTHWESTERLY AND 10.00 FEET
SOUTHEASTERLY) NORTH 66°32'56" EAST 39.00 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "A" ; THENCE CONTINUING ALONG
SAID BASE LINE NORTH 66°32'56" EAST 39.00 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B" ; THENCE CONTINUING ALONG
SAID BASE LINE NORTH 66"32'56" EAST 170.53 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING ALONG
SAID BAS-E LINE NORTH 66°32'56" EAST 30.64 FEET TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID BASE LINE (SAID SIDELINES LYING 5.00
FEET EASTERLY AND 10.00 FEET WESTERLY) NORTH 0"03'12" EAST 56.31
FEET; THENCE CONTINUING ALONG SAID BASE LINE (SAID SIDELINES
LYING 5.00 FEET NORTHERLY AND 10.00 FEET SOUTHERLY) SOUTH
89"56'48" EAST 20.50 FEET TO A POINT OF TERMINATION •
. ALSO, BEGINNING AT-POINT liB" AS DESCRIBED ABOVE; THENCE ALONG
SAID BASE LINE (SAID SIDELINES LYING 10.00 FEET SOUTHWESTERLY AND
5.00 FEET NORTHEASTERLY) SOUTH 23°27'04" EAST 54.15 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING
ALONG SAID BASE LINE SOUTH 23°27'04" EAST 88.25 FEET TO A POINT
OF TERMINATION.
ALSO, BEGINNING AT POINT "C" AS DESCRIBED ABOVE; THENCE ALONG
SAID BASE LINE (SAID SIDELINES LYING 7.50 FEET EACH SIDE AND
PARALLEL WITH SAID LINE) SOUTH 23" 27' 04" EAST 19.67 FEET TO A
POINT OF TERMINATION. .
-ALSO, BEGINNING AT POINT "0" AS DESCRIBED ABOVE; THENCE ALONG
SAID BASE LINE (SAID SIDELINES LYING 5.00 FEET SOUTHERLY AND
10.00 FEET NORTHERLY) NORTH 81-40'06" EAST 48.52 FEET TO A POINT
OF TERMINATION.
THE SIDELINES SHALL BE SHORTENED qR EXTENDED TO MEET AT ANGLE
POINTS AND BEGIN AT THE WEST LINE OF SAID PARCEL "B".
A STRIP OF LAND FOR ACCESS PURPOSES, 15.00 FEET IN WIDTH
SIDELINES LYING 5.00 FEET NORTHEASTERLY AND 10.00
SOUTHWESTERLY AND PARALLEL WITH THE FOLLOWING DESCRIBED
LINE:
WITH
FEET
BASE
BEGINNING AT SAID POINT "A" ; THENCE SOUTH 23 -27' 04" EAST 411.19
FEET TO A POINT INTERSECTING WITH THE NORTHERLY RIGHT OF WAY OF
FARADAY AVENUE WITH A RADIUS OF 642.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 5
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ORDER NO. 951720-18
AFFECTS PARCEL B. .. -
15. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTEN~CES FOR THE
TRANSMISSION AND _ DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES AND THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL
PURPOSES IN FAVOR OF SAN DIEGO ~AS AND ELECTRIC COMPANY, A
CORPORATION, RECORDED MARCH 27, 1986 AS FILE NO. 86-117549 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THE WESTERLY 20.00 FEET OF THE SOUTHERLY 190.00 FEET OF PARCEL B.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL B.
16. AN AGREEMENT REGARDING INCREASED FEES FOR DEVELOPMENT MANAGEMENT--
SYSTEM, DATED JULY 15, 1986, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: CITY OF CARLSBAD AND THE ROLL
COMPANY.
RECORDED: JULY 24, 1986 AS FILE NO. 86-038950 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL B.
17. ANY RIGHTS, INTEREST OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON
OF THE FOLLOWING FACTS SHOWN BY A SURVEY DATED MARCH 20, 1987 AND
INSPECTION OF SAID LAND:
A) THE FACT THAT PORTIONS OF THE PARKING LOT, VARIOUS PLANTERS,
LANDSCAPED AREAS AND SIDEWALKS LIE WITHIN EASEMENTS OF SAN DIEGO
GAS AND ELECTRIC COMPANY AND COSTA REAL MUNICIPAL WATER DISTRICT
SHOWN AS EXCEPTION NO.'S 5, 12, 14 AND 15.
B) THE FACT THAT AN 18 INCH REINFORCED CONCRETE PIPE (R. C. P.)
LIES WITHIN THE WESTERLY PORTION OF SAID LAND AND CONNECTS TO TWO
DRAINS INLETS (D.I.) AND A CONCRETE OPENING (C.O.).
C} THE FACT THAT AN EXISTING DRIVEWAY IN THE SOUTHWESTERLY
PORTION OF SAID LAND PROVIDES INGRESS TO AND EGRESS FROM THE
ADJACENT OFFICE/RESEARCH BUILDING COMPLEX ON THE WEST.
PAGE 6
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ORDER NO. 951720-18
18. AN UNRECORDED LEASE DATED AUGUST 8, 1985, FOR THE TERM COMMENCING
ON MARCH 24, 1986 AND TERMINATING ON OCTOBER 23, 1991 UPON THE
TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY INSPECTION
AND TENANT ESTOPPLE CERTIFICATE DATED MARCH 5, 1987. -
LESSOR: CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: ILIFF THORN AND COMPANY, AN ARIZONA CORPORATION
19. AN UNRECORDED LEASE DATED MAY 5, 1986, FOR THE TERM COMMENCING ON
NOVEMBER 1, 1986 AND TERMINATING ON OCTOBER 31, 1991 UPON THE
TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY INSPECTION
AND TENANT ESTOPPEL CERTIFICATE DATED MARCH 3, 1987.
LESSOR: CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: UNIGLOBE PROFESSIONAL TRAVEL, INC., A CALIFORNIA
CORPORATION
20. AN UNRECORDED LEASE DATED NOVEMBER 26, 1986, FOR THE TERMS OF 60
MOS. COMMENCING' ON SEPTEMBER 20, 1987 AND TERMINAXING. ON
SEPTEMBER 19, 1992 UPON THE TERMS AND CONDITIONS THEREIN
PROVIDED, AS DISCLOSED BY INSPECTION AND TENANT ESTOPPEL
CERTIFICATE DATED MARCH 19, 1987.
LESSOR: . CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: TRITTIPO AND ASSOCIATED, A SOLE PROPRIETORSHIP
21. AN UNRECORDED LEASE DATED FEBRUARY 14, 1986, FOR THE TERM
COMMENCING ON AUGUST 4, 1986 AND TERMINATING ON AUGUST 3, 1996
UPON THE TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY
INSPECTION AND TENANT ESTOPPEL CERTIFICATE DATED FEBRUARY 23,
1987.
LESSOR: CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: DEAN WITTER REYNOLDS, INC., A DELAWARE CORPORATION
22. AN UNRECORDED LEASE DATED MAY 21, 1987, FOR THE TERM COMMENCING
ON OCTOBER 1, 1986 AND TERMINATING ON NOVEMBER 30, 1989 UPON THE
TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY INSPECTION
AND TENANT ESTOPPEL CERTIFICATE D~TED MARCH 5, 1987.
LESSOR: CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: UNION BANK, A CALIFORNIA CORPORATION
, PAGE 7
ORDER NO. 951720-18
23. AN UNRECORDED LEASE DATED JUNE 17, 1986, FOR THE TERM COMMENCING
ON MARCH 5, 1987 AND TERMINATING ON MARCH 14, 1992 UPON THE TERMS
AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY IN~PECTION AND
TENANT ESTOPPEL CERTIFICATE DATED FEBRUARY 23, 1987 •.
LESSOR: CARLSBAD RESEARCH CENTER, A CALIFORNIA GENERAL
PARTNERSHIP
LESSEE: VERNET CORPORATION, A CALIFORNIA CORPORATION
24. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $6,641,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED APRIL 13, 1987 AS FILE NO.
87-199055 OF OFFICIAL RECORDS.
DATED: MARCH 31, 1987
TRUSTOR: ONE CARLSBAD RESEARCH CENTER, A CALIFORNIA LIMITED
PARTNERSHIP
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A
CALIFORNIA CORPORATION
BENEFICIARY: WEYERHAEUSER MORTGAGE COMPANY, A CALIFORNIA
CORPORATION
AN ASSIGNMENT OF RENTS AND LEASES, DATED MARCH 31, 1987, AS
ADDITIONAL SECURITY FOR THE D~ED OF TRUST RECORDED APRIL 13, 1987
AS FILE NO. 87-199055 OF OFFICIAL RECORDS, EXECUTED BY ONE
CARLSBAD RESEARCH CENTER TO WEYERHAEUSER MORTGAGE COMPANY AND
RECORDED APRIL 13, '1987 AS FILE NO. 87-199056 OF OFFICIAL
RECORDS.
5. A FINANCING STATEMENT
SHOWING:
DEBTOR:
SECURED PARTY:
DATE FILED:
RECORDED:
PROPERTY COVERED:
~. A FINANCING STATEMENT
SHOWING:
DEBTOR:
SECURED PARTY:
DATE FILED:
RECORDED:
PROPERTY COVERED:
FILED IN THE OFFICE OF THE COUNTY RECORDER,
ILIFF, THORN AND COMPANY
MERABANK, A FEDERAL SAVINGS BANK
MARCH 3, 1987
APRIL 14, 1987 AS FILE NO. 87-201850 OF
OFFICIAL RECORDS
THE PROPERTY AS DESCRIBED THEREIN.
FILED IN THE OFFICE OF THE COUNTY RECORDER,
ILIFF, THORN AND COMPANY
MERABANK, A FEDERAL SAVINGS BANK
OCTOBER 9, 1986
APRIL 14, 1987 AS FILE NO. 87-201851 OF
OFFICIAL RECORDS
THE PROPERTY HEREIN DESCRIBED
PAGE 8
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ORDER NO. 951720-18
27. AN AGREEMENT REGARDING PAYMENT OF FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED JUNE
4, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, CALIFORNIA, A
MUNICIPAL CORPORATION OF THE STATE
OF CALIFORNIA AND THE KOLL COMPANY,
A ·CALIFORNIA CORPORATION.
RECORDED: JUNE 24, 1987 AS FILE NO. 87-352599 OF OFFICIAL
RECORDS.
THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A RECORDABLE
FORM OF AN LP-l FOR ONE CARLSBAD RESEARCH CENTER, A CALIFORNIA
LIMITED PARTNERSHIP.
28. THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHI~ REFERRED
TO IN THE VESTING.HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS,' COVENANTS AND PROVISIONS.
29., THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COpy OF THE
PARTNERSHIP AGREEMENTS AND ANY AMENDMENTS THERETO.
30. SUCH MATTERS AS MAY BE DISCLOSED BY A PHYSICAL INSPECTION OF SAID
LAND OR AN INQUIRY AS TO THE PERSONS IN POSSESSION THEREOF, A
SUPPLEMENTAL REPORT OF WHICH WILL FOLLOW.
1986-1987 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09013
212-062-10
$2,343.' 63 PAID
$2,343.63 PAID
$84,896.00
$344,892.00
$-0-
AFFECTS THE PROPERTY IN QUESTION WITH OTHER PROPERTY.
PAGE 9
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1986-1987 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09013
212-062-11
$14,911.82 PAID.
$"14,911.82 PAID
$305,147.00
$2,500,000.00
$-0-
ORDER NO. 951720-18
AFFECTS THE PROPERTY IN QUESTION WITH OTHER PROPERTY.
PAGE 10
ORDER NO. 951720-18
LEGAL DESCRIPTION ..
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL "B" AND A PORTION -OF PARCEL "A" OF PARCEL MAP NO. 13114, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3,
1984 AS FILE NO. '84-001466 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS A WHOLE AS FOLLOWS: '
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "A" OF SAID PARCEL
MAP NO. 13114, SAID CORNER ALSO BEING A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF FARADAY AVENUE AS SHOWN ON SAID PARCEL MAP NO. 13114;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES':
NOR,;[,H 77°27'54" EAST 20.00 FEET TO THE BEGINNING OF A 558.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 4 ° 12 r 21" A DISTANCE OF 4 0 . 9 6 FEET;
THENCE NORTH 0°01'12" WEST 199.00 FEET; THENCE NORTH 49"08'46" EAST
172.58 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF EL CAMINO
REAL ROAD AS SHOWN ON SAID PARCEL MAP NO~ 13114, SAID POINT ALSO
BEING A POINT ON THE ARC OF A NON-TANGENT 1863.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 53"55'26" WEST;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF
SAID CURVE THROUGH A-CENTRAL ANGLE OF 12·07'14" A DISTANCE OF 394.11
FEET; THENCE SOUTH 68°22'06" WEST 459.55 FEET; THENCE SOUTH 23°27'04"
EAST 609.58 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF
FARADAY AVENUE, SAID POINT ALSO BEING A POINT ON THE ARC OF A
NON-TANGENT 642.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO
SAID POINT BEARS NORTH 23·27'04" WEST; THENCE ALONG SAID NORTHERLY
RIGHT OF WAY LINE THE FOLLOWING COURSES: EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 1'0°54'58" A DISTANCE OF 122.32
FEET, NORTH 77°27'54" EAST 80.30 FEET TO THE POINT OF BEGINNING.
PAGE 11
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---~ :~ .:.--.. l/(V\ \D~:>O . PARCEL MAP NO. 1,,114 "
• ~'~ ~ r •• ",--E'M
VICINITY MAP RO e. _. /a, .. ,ff"'''''' ... ·1703
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MINOR SUBDIVISION 600
LEGAL DESCRIPTION
lor I fY MP ~ ,!i!'",6.l PaI?~ or {(JT rOIl'" R.HIC1IO
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• CITY OF CARLSBAD' •
. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438·5621
ACCOUNT NO. DESCRIPTION
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AMOUNT
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APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
city Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted 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 ~artnership (either gen-
eral 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
t-he application be a partnership or joint venture, then please
state the. full legal name of the partnership Ot; joint ventu·r,e--r .
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 shareholders 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 syn-
dicate address, and the full names and addresses·of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number 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 •.
If aft~r the information you have submitted has been reviewed, it is determined
.. ".~ ..... Li'~7: .ftlrther information i-eequired, you wi~l be so advi __
APP~ICANT:
. AGENT:
MENBERS:
THE KOLL COMAPANY
Name (individual, partnership,. joint venture, corporation, syndication)
7330 Engin~er Road, San Diego, CA 92111
Business Address
(619)292-5550
Telephone Number
Name
Business Addr~s~
Telephone Number'
Orrin W. Miller
Name '(individual, partner, joint.
venture, corporation, syndication)
Same as above
Business Address
II II
Telephone N~r
Michael J. Dunigan
Same as above
3'.lsiness Address
II II
Telephona Ncnber
Home Address
~elephone Number
Home Address
Teleph?ne ~iumber
(Attach more sheets if necessary)
.'
I/He decla::e 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.
The Koll Company
~(\( BY __ ~~A~P~P_l_i_c_a~n~t_~~~~~~~~~~ __________ _
, .
. \
1
I,
EXHIBIT "A"
LEGAL DESCRI PTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL"B It AND A PORTION OF PARCEL "A" OF PARCEL MAP NO. 13114, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 3, 1984 AS FILE NO. 84-001466 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE MOST ,WESTERLY CORNER OF PARCEL itA" OF SAID
PARCEL MAP NO. 13114, SAID CORNER ALSO BEING A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE AS SHOWN ON SAID
PARCEL MAP NO. 13114; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY
·THE FOLLOWING COURSES: NORTH 7=7°27'54" EAST 20.00 FEET TO THE
BEGINNING OF A 558.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
.4°12'21" A DISTANCE OF 40.96 FEET; THENCE NORTH 0°01'12" WEST
199. 00 FEET; THENCE NORTH 49° 08 ' 46" EAST 1 7 2 • 58 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL ROAD AS SHOWN
ON SAID PARCEL MAP NO. 13114, SAID POINT ALSO BEING A POINT ON
THE ARC OF A NON-TANGENT 1863.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 53°55'26" WEST;
THENGE-J·N0-RTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°07'14" A DISTANCE
OF 394.11 FEET; THENCE SOUTH 68°22'06" WEST 459.55 FEET; THENCE
SOUTH 23°27'04" EAST 609.58 FEET TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE OF FARADAY AVENUE, SAID POINT ALSO BEING A
POINT ON THE ARC OF A NON-TANGENT 642.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 23 ° 27' 04"
WEST; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
COURSES: EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°54'58" A DISTANCE OF 122.32. FEET, NORTH 77°27'54"
EAST 80.30 FEET TO THE POINT OF BEGINNING.
STATEMENT OF AGREEMENT
TENTATIVE SUBD~VISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City •. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are o~ten exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his aqent •.. If
you choose not to sign the statement, the City will not accept .
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits~ therefore the undersigned
agrees ·to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Signature
Name (Print)
FORM: PLANNING 37, REVISED 3/80
Date
Relationship to Application
(Property Owner-Agent)
. ,
. ,
. . " AEMENrAL INFORMATION FORM
VARIANCE y~
1) Gross ;.cres (or sq,lare footage, if less than acre) ,
2) Zcne
3) General Plan Land Use Designatial ,
4) By law a Variance may be awroved cn1y if certain facts are fond to exist.
Please read these requirements carefully and explain h:::lw the proposed
project meets each of these facts. ~ additicnal sheets if necessary.
,a) Expl.a.:i!t Wrr.f tb!ie are. except:lcnal or: extraordinary circunStances or
cx::nditicns awlicable to the property or: to tb! intalded use that do not
,apply' gEnet:ally to tIl! o~ property ~ class' of use in the same. vicinity
and ZQ'le: ----------~-----------------------------------------------
b) Explain why such variance is necessary for the preservaticn and
Enjoyment of a substantial property right:. possessed by ot:rer property in
t.ha same vici.'1ity and zme but which is denied to tre prope~y ~ CI!-lesticn:
'.
'c) Explajn wl'¥ the granting of such variance will not be materially
detrimental to tre public \'t1elfa.re or injurious to too property or
in;?rove:nents in such vicinity and ZQ'le in which tm property is lCX!ated
d) Explain why the granting of such variance will not adversely a.Efect tba
canprehensive general plan: ______ . ________________________ __
'I. SPECIFIC REQUIREMENTS
Minor Planned Develo ment (4 or less units)
.App 1cat10n Form
2. General Requirement Items:
four (4) copies of items B-·D
items H-I, L-N
3. Conversion to Condominiums -list of names and addresses of
all tenants of the units to be converted to condominiums.
4. Fee: $255.00 -Planned unit Development
$240.00 -Condominium
~-162,_0_0 -Non Residential
$ 55.00 -Amendment Planned Unit Development
$ 75.00 -Amendment Condominium
$ 40.00 -Amendment Non Residential
$ 5.00/unit ~ Notification of Tenants for Condominium
Conversion
NOTE: This application must be filed concurrently with a
tentative parcel map which will be processed with the
Engineering Department
Planned Industrial Permit
1 •
2.
3.
Application Form
General Requirement Items
four (4) copies of items B-D
items G-I, M & 0
Fee: $100.00
Administrative Variance
1.
2.
3.
4 •
,
Application Form
General Requirement Items:
four (4) copies of items Band D(if applicable)
items E-F, H-K, M
Variance Supplemental Sheet
Fee: $100.00 Single Fam11y
$ 330-.00 Other
II. GENERAL REQUIREMENTS
A. Tentative rna / reliminar gradin plan (24" x 36")
Each tentat1ve map pre11m1nary grad1ng plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the· name and·
address of the subdivider; ": ,
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
-. (3) -North point;
(4) Scale; vicinity map;
(5) Date of preparation;
•
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11) Approximate contours at l' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed)
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15) width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses;
(17) Location of railroads;
( 18). Approximate radi i of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the street within 300 feet of
the subdivision.
(25) Typical street section for all adjacent streets
and streets· within the pr~ject.
B. Site Plan: Shall include the following information:
Name and address of applicant, engineer and/or
architect, etc.
All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
distances between buildings and/or structures
building setbacks (front, rear and. sides)
location, height, and materials of walls and fences
location of freestanding signs
all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
the limits of subject site.
existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus distances from subject site.
location of all buildings with~n 100 feet of subject
properties. .
~ vicinity map showing major cross streets
a summary table indicating the following
information:
site acreage
existing zone and land use
proposed land use
total building coverage
building sq. footage
percent landscaping
number of parking spaces
sq. footage of open/recreational
space (if applicable)
cubic footage of storage space
(if applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36")
. shall include the following information:
1. Landscape zones per the City of Carlsbad
Landscape Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplem~ntal) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) for ·all areas.
5. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36")
floor plans with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
81/2" x 11".
.-.:-'.: -:. -: -:.
E.
F.
G.
H.
I.
J.
K.
L.
One (1) copy each of 8 1/2"xl1" site plan and elevations.
One (1) copy of 8 1/2"xl1" location map (suggested scale
200" -vicinity maps on the site plan are not acceptable)
Environmental Impact Assessment Form ($175)
Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
Disclosure Statement
Property Owners' List and Addressed Stamped Envelopes
1) a typewritten list of the names and addresses of all
property owners and occupants within a 300 foot radius of
subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor "s
parcel number from the latest assessment rolls. 2) Two
separate sets of legal size (*10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and· occupants within a 300-foot radius of
subject· property. For any address other than single family
residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
300 Foot Radius Map
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
Land Use Planning Manager if the required scale is
impractical.
For residential projects within Vista, Encinitas or San
pieguito 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 and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
O. Colored Elevation Plan
P. Statement of agreement to waive tentative tract map time limits.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
)
)
)
)
)
)
Space above this line for Recorder's use
Documentary transfer tax: $25.00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 212-062-11
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 18th day of August
19.J!L by and between _~T,;.;;h..;;.e---=-K;..=o;..=l;..=l:..........::C:...:o::..:;rn:.::.p:...:a::.:n;.:..y,--_____________ _
(Name of developer-owner)
a California Corooration , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is ---,7!..:.3l...=3.L!0~E'=!o!n~g;;j...l"",· nu:e",-e~r:!:-:-:.l.R~o.5!,a~d~, __________ _
(Street)
---ISo!.la~n~D~l.-.;· e~g~o~, _C~a~1.i=-f:.::o=-r~n~i~a.........:9-=2 ..... 1,"",,1...!1~ _________ and TH E CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008.
WITNESSETH:
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 City; and
WHEREAS, Developer proposes a development project as follows:
60,000 Square Foot Office Building
REV 7-28-87
1'1/ j) -'j 1-/
on said Property, which development carries the proposed name of ------
One-Carlsbad Research Center -7000
and is hereinafter referred to as "Developmentll ; and
WHEREAS, Developer filed on the 18th day of August ~~~----------
19~, with the City a request for a Tentative Parcel 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 development shall
not be approved (said element is on file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 22, 1.986, 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 facilities and s.ervices resulting from the proposed
Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet the future needs of the Development as
it is presently proposed; but the Developer is aware that the City cannot and
will not be able to make any such finding without financial assistance to pay
for such services and facilities; and therefore, Developer proposes to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment
of a public facilities fee .
. ~OW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
-2-
REV 7-28-87
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be 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 development 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. Developer shall pay
a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 3.5% 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 term's nother construction permitsn, nother
construction permit" and "entitlement for use" as used in this agreement,
except in reference to mobile home sites or projects, shall not refer to grading
permits-or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use or occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be constructed
pursuant to the Request. The fee shall be paid prior to the issuance of
buildi.ng or other construction permits for the development. This fee shall be
in addition to any fees, dedications or improvements required according to
Titles 18, 20 or 21 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 above. If Developer offers to donate a site 01" sites for public
-3-
REV 7-28-87
.::.
·e
facilities, the City shall consider, but is not obligated to accept the offer. The
time for donation and amount of credit against the fee shall be determined by
City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites
donated under this paragraph shall not include improvements required pursuant
to Titles ·18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the 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 will not be
consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or
entitlement for use shall be issued until the public facilities fe.e required by
this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement
in a public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
s. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public agencies as
evidence of adequate public facilities and services sufficient to accommodate the
needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
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REV 7-28-87
/
7. Any notice from one party to the other shall be in writing, and
shall be dated and signed by the party giving such notice or by a duly
authorized representative of such party. Any such notice shall not be effective
for any purpose 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 address set forth herein, 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 delivery thereof
t<;> Developer or by depositing the same in the United States 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 ensure to the
benefit of, and shall apply to, the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be
deemed to be references 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, however, that any successor of
Developer's interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
9. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
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REV 7-28-87
I N WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the
State of California
B Y -:-:-;;-;::;:-:~7""""':::-=-;:=-:-:-~----MARTIN ORENYAK
For City Manager
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
POOR
QUALITY
ORIGINAL (S)
-
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'ORATE ACKNOWLEDGMENT
.... l-: • t;ilJ.,; •• nate of Callfornla
I·" ,buntyof San Diego ~. -
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1 @)""""' ... .....----"""OF-F-IC-I-AL ........ SE"""A~.
~ ..." MARSHA BAKKO ~ . : Notary Publlc-Callfomla ~ , • SAN DIEGO COUNTY . ~
I ' My Comm. Exp, Oct. 31, 1968
NO. 202
On this the ~ day of September 19.Jl1., before me,
Marsha Bakko
the undersigned Notary Public, personally appeared
Orrin W. Miller and Michael J. Duniaan
:lfg personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as President
and Vice President}l!X on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS-my hand and official se
~
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd .• P.O. Box 4625 • Woodland Hills, CA 91364
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL"B" AND A PORTION OF PARCEL "A" OF PARCEL MAP NO. 13114, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 3, 1984 AS FILE NO. 84-001466 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "A" OF SAID
PARCEL MAP NO. 13114, SAID CORNER ALSO BEING A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE AS SHOWN ON SAID
PARCEL MAP NO. 13114; THENCE ALONG SAID NORTHERLY RIGHT-&F-WAY
THE FOLLOWING COURSES: NORTH 77°27 154" EAST 20.00 FEET TO THE
BEGINNING OF A 558.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
4°12 121" A DISTANCE OF 40.96 FEET; THENCE NORTH 0°01112" WEST
199.00 FEET; THENCE NORTH 49°08 146" EAST 172.58 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL ROAD AS SHOWN
ON SAID PARCEL MAP NO. 13114, SAID POINT ALSO BEING A POINT ON
THE ARC OF A NON-TANGENT 1863.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 53 ° 55 126" WEST;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°07 114" A DISTANCE
OF 394.11 FEET; THENCE SOUTH 68°22 106" WEST 459.55 FEET; THENCE
SOUTH 23 ° 27 104" EAST 609.58 FEET TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY LINE OF FARADAY AVENUE, SAID POINT ALSO BEING A
POINT ON THE ARC OF A NON-TANGENT 642.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 23 ° 27 10411
WEST; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
COURSES: EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°54 158" A DISTANCE OF 122.32 FEET, NORTH 77°27 154"
EAST 80.30 FEET TO THE POINT OF BEGINNING.
-:"
NUMBER:
EFFECTIVE:
SUPERSEDES:
PURPOSE:
3
N/A
• CITY OF CARLSBAD •
POLICIES AND PROCEDURES
CHECKING GRADING PERMIT PRIOR
SUBJECT: TO ISSUANCE OF BUILDING PERMIT
SECTION:
DEVELOPMENT PROCESSING SERVICES
Establish a procedure for Engineering Department to verify that all
required grading submittals are received/approved prior to issuance
of a Building Permit as required by Excavation and Grading
Ordinance. Chapter 11.06.
POLICY: Prior to issuing a Building Permit, a Developer must submit a Final
Compaction Report and Engineering Certification Letter(s) for
Engineering Department approval.
PROCEDURE: Prior to release for Building Permit:
Initiated By:
A. Grading Permit shall be initialed by Public Works I nspector for:
1. Site Prep
2. Rough Grade
3. Compaction Reports
4. Private Engineer Certification
B. Reports and standard forms that must be submitted to and
approved by the City Engineering Senior Inspector shall
include:
1. Soils Report (signed by Soils Engineer to meet all ordinance
requirements) .
2. Letter of .Certification (signed by private Grading Engineer
to meet all ordinance requirements).
3. Rough Grading approval (standard form shall be completed
and signed by City·s Project Inspector as well as the Senior
Inspector) .
Once this is done, the Building Permit may be released.
Approved By:
• TWO OF TWO RICK ENGINEERING COMPANY I ~~A~~I'~~Lc~~~y~W~~
365 SO. RANCHO SANTA FE ROAD • SUITE 100
DATE 19 8 7 I JOB100i 4 0 A Seotember 1,
ATTENTION
SAN MARCOS, CALIFORNIA 92069 • 619/744-4800 Bob Woicik
RE·
SERIES 7000
TO CARLSBAD RESEARCH CENTER
CITY OF CARLSBAD ENGINEERING
2075 Las Palmas Drive
Carlsbad, California 92009
GENTLEMEN:
WE ARE SENDING YOU ~ Attached 0 Under separate cover via __________ the following items:
o Shop drawings o Prints xx Plans 0 Samples 0 Specifications
o Copy of letter o Change order XX VIA OUR REPRESENTATIVE
Dated __ _
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
(8! For approval 0 For Checking o Resubmit ___ copies for approval
0 For your use 0 Approved as submitted o Design only. not for construction
0 As requested 0 Approved as noted o Return __ corrected prints
0 For review and comment 0 Returned for corrections o
0 For Your Action
REMARKS ______________________________________________________________________________ _
COPY TO Charlie Abdi· THE KOLL COMPANY
Walter Mountford THE KOLL COMPANY SIGNED: Lesley Terry/sjs
CAWeD
If enclosures are not as noted, kindly notify us at once.
,
/ ~~ RICK ENGINEERING COMPANY I '}~A~~)1~1lC~~~~~Yr;~
365 SO. RANCHO SANTA FE ROAD • SUITE 100
SAN MARCOS, CALIFORNIA 92069 • 619/744-4800
DATE: tJ~ ~elff7
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TO: 12~/;'/D12·· ~~ 6u~
FROM: 1i1Jk#;i1f{;
PAGES TO FOLLOW, INCLU~ G COVER SHEET -~
If any malfunctions are encountered during this transmittal, please
call (619) 744-4800.
SPECIAL INSTRUCTIONS:
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LOCATION MAP.
7-31-87
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RICK .NCJIN •• -=-INCI COMPANY
CIVIL .NOIN •• R. ·.URV.VORII . PLANNIIRII
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