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HomeMy WebLinkAboutPUD 88-01; L.R. PARTNERSHIP; Planned Unit Development - Residential (PUD)~ . ~ . City of Carlsbad 2075 Las Palmas Drive t·, Carlsbad, CA 92009 (619) 438-1161 ! .. Fees R1i!fdential Condominiums and Residential Planned Unit Development: $ 530.00 (50 units or less) $1,090.00 (51 units or more) PLANNING DEPARTMENT RESIDENTIAL CONDOMINIUMS RESIDE NTIAL PLANNED UNIT DEVELOPMENT. r Complete .Description of Project (attach additional sheets if necessary) Construct 28 Units P.U D, on h .. 3_ acreR~ JUluni ts have .?-~wr Q"R'f'RQ'AR and are approximately 2000 square feet respec-J:;ively as well as an R.V. Storage area. Location of Project Southerly side Park Drive 500' and East of Marina Drive Legal Description (complete) See Attached Local Facility Management Zone Assessors Parcel Number Zone 1 207-101-21 Zone General Plan Existing Land Use P.C. RMH Vacant Proposed Zone Proposed General Plan Site Acreage P.C. RMH 6.3 acres Owner Applicant Name (Print or Type) Name (Print or Type) L.R. Partnership L.R. Partnership Mailing Address l\'\ailing Address 325 Elm Street, Suite D-1 325 Elm St., Suite D-1 City and State Zip Telephone City and State Zip Telephone Carlsbad, CA 92008 (619) 729-7911 Carlsbad, CA 92008 (619)729-791/ I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT A'LL THE ABOVE INFORMATION REPRESENT ATI VE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF L. ~t YAQTO(flSl-hV MYKNOW~ SIGNATURE $IU-J-DATE/< A SIGNATURE ~ D;%. "3j; e~ 3q~ ~~. :.,. :;;..-~ ~.-(,7"--~ Date Application Rec'd Receive9 By c:: ~ees 'Receiv~,d Receoi'pt( No. .3);/i" /4:-' ___ p v 0 -530 -;PFr: ,).5--R)'tftJS' i?:fri /7Sf£'o)'(;,.2.r~ , PROJECT NUMBER (5) PrJ /) -ff-/ r"' " . . ... - • Order No. S-672955 CHICAGO TITLE COMPANY AMENDED PRELIMINARY SUBDIVISION REPORT Subdivision: Tentative Map C.T. 82-7 Dated: February 29, 1988 as of 7:30 A.M. For the benefit of the County of San Diego, and City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on July 9, 1986, by SAFECO Title Insurance Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report is furnished as an accommodation, for the sole purpose of pre- liminary planning and facilitating the compliance with requirements necessary for the issuance of the Subdivision Guarantee. It is understood that the Company's liability is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said Guarantee is assumed by this Report, except that if no Guarantee is issued under this Order the amount paid for this Report shall be the maximum liability of the Company. CHI~AGO E COMPANY ~/.#---::r--/,-~L b hd:--:,-;.--~ y /,v . . '. CHICAGO TITLE COMPANY PRELIMINARY SUBDIVISION REPORT -SCHEDULE A Subdivision: Tentative Map C.T. 82-7 Order No. S-672955 Dated: February 29, 1988 as of 7:30 A.M. The map hereinbefore referred to is a proposed subdivision of: SEE DESCRIPTION ATTACHED The parties hereinbefore referred to are: VESTING: L R PARTNERSHIP, LTD., a limited partnership EXCEPTIONS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1988-1989 which are a lien not yet payable. 2. Property taxes, including collected with taxes, for the 1st Installment: 2nd Installment: Homeowners Exemption: Land: Improvements: Personal Property: Code Area: Assessment No: any personal property taxes fiscal year 1987-1988. $2,169.27 Paid $2,169.27 Open None $414,414.00 None None 09000 207-101-21 and any assessments 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Robert W. Phipps and Agusta V. Phipps Purpose: Road, sewer, water and gas . ,. ..... " Recorded: October 29, 1958 in Book 7324, Page 195, Official Records Affects: A portion of said land herein described 5. An easement for the purpose shown below and rights incidental thereto as reserved ina document Purpose: Road and utility Recorded: December 31, 1958 in Book 7424, Page 220, Official Records Affects: 6. An easement for shown or as offered Map Of: Recorded: Easement Purpose: Affects: Easement Purpose: Affects: Easement Purpose: Affects: A portion of said land herein described the purposes shown below and rights incidental thereto as for dedication on the recorded map shown below. Record of Survey Map No. 5414 March 29, 1960, of Official Records 30' reserved for road and utilities As shown on said Map 20' reserved for road and utilities As shown on said Map 25' reserved for road and utilities As shown on said Map 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad Purpose: Recorded: Affects: Water system, sewerage, drainage, power line, excavation and/or embankment facilities, together with the right to clear and keep clear said easement from buildings, structures, treet and brush and any similar surface encroachment which may interfere with reasonable proper use of the easement May 10, 1965 as File No. 83318, Official Records A portion of said land herein described 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: August 4, 1967 as File No. 116201, Official Records Affects: A portion of said land herein described 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The City of Carlsbad Purpose: Public street and highway Recorded: January 3, 1973 as File No. 73-002191, Official Records ," . ", -.' • • Affects: A portion of said "land herein described 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company ~~urpose: Public utilities, ingress and egr~ss Recorded: March 30, 1976 as File No. 76-092216, Official Records Affects: A portion of said land herein described 11. An agreement between owner, developer and the City of Carlsbad for the payment of a public facilities fee recorded May 3, 1982 as File No. 82-128097, Official Records. Reference is made to said document for full particulars. 12. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $53,268.00 Dated: AprilS, 1982 Trustor: L. R. Partnerhsip, a limited partnership Trustee: Safe co Title Insurance Company, Beneficiary: Recorded: a California corporation Carlsbad Unified School District May 13, 1982 as File No. 82-142804, Official Records 13. The terms and provisions of a "Boundary Line Agreement and Exchange and Conveyances SLL No. 13 between the State of California and L R Partnership, Ltd., a California limited partnership recorded March 12, 1984 as File No. 84-088600 of Official Records. Reference is made to said document for full particulars. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: State of California Purpose: Recorded: Affects: Non-exclusive easement for public access, recreation, ingress and egress March 28, 1984 as File Nos. 84-111642 and 84-111644, Official Records A portion of said land herein described 15. An Irrevocable Offer to Dedicate Real Property recorded June 20, 1984 as File No. 84-231896, Official Records, wherein a portion of said land was offered for dedication to public use for open-space easement purposes. Affects: The route thereof affects a portion of said land as more fully described in said document 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad Purpose: A right-of-way . ~ ' . . .... " Recorded: October 12, 1984 as File No. 84-387679, Official Records Affects: A portion of the herein described property 17. Rights of the public to use that portion of said land lying within any "', est;ablished street or highway. 18. An easement for the purpose shown below and rights -incidental thereto as set f9rth in a document Granted to: City of Carlsbad Purpose: Drainage easement Recorded: November 6, 1987 as File no. 87-626765, Official Records Affects: END OF SCHEDULE A The route thereof affects a portion of said land as more fully described in said document NOTE NO.1: We will require a statement of information ,from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Arthur Tony Howard-Jones (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) al amend/al amend2/rfc DESCRIPTION ~ .. S-672955 DESCRIPTION That portion of Lot "I" of Rancho Agua Redionda, in the City of Carlsbad", ---. ---------County of San Diego, ~tate of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, described as follows: .' .. '-: .. ' ' Beginning at Corner No. 15 of said Lot "I" as shown on said Map No. 823; thence Southeasterly along the Southerly line of said Lot "I", South 53° 44' 35" East 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records; thence along the boundary line of said land as follows: North 25° 01' 15" East (Record -North 24° 53' 50" East) 597.82 feet; thence continuing along said boundary line South 47° 36' 05" East 153.79 feet to the beginning of a tangent curve, concave Northerly, having a radius of 355.00 feet; thence Easterly along said curve 376.92 feet, through an angle of 60° 50' 00"; thence tangent to said curve North 71° 33' 55" East 100.40 feet to the Northeasterly corner of said land and the true point of beginning; thence continuing North 71° 33' 55" East 206.14 feet; thence South 59° 29' 39" East 251.51 feet; thence South 25' 01' 15" West 902.08 feet to the Southwesterly line of said lot; thence North 64° 25' 37" West along said Southwesterly line 400.00 feet to the Southeasterly corner of said Phipps land; thence North 25' 01' 15" East along the Southeasterly line of said land, 780.49 feet to the true point of beginning. EXCEPTING therefrom that portion of said land described as follows: Beginning at corner No. 15 of said Lot "I" as shown on said Map No. 823; thence Southeasterly along the Southerly line of said Lot "I", South 53 46' 38" East (Record South 53° 44' 35" East) 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records; thence along the boundary line of said land as follows: North 24° 59' 12" East (Record North 24° 53' 50" East) 597.82 feet; thence South 47° 38° 08" East (Record South 47° 36° 05" East) 153.79 feet to the beginning of a tangent 355.00 foot radius curve, ~oncave Northerly; thence Easterly along said curve through a central angle of 60° 50' 00" a distance of 376.92 feet; thence, tangent to said curve, North 71° 31' 52" East (Record North 71° 33' 55" East) ,176.84 feet to a point bearing South 7° 23' 25" East (Record South 7° 24' 00" East) 24.49 feet from the Southeasterly corner of Parwcel 2 of Parcel Map No. 13337, filed in the Office of the County Recorder of San Diego County June 15, 1984, said point being the True Point of Beginning; thence, continuing North 71° 31' 52" East 130.06 feet; thence South 59° 29' 39" East 227.83 feet to a a point in a tangent 500.00 foot radius curve, concave Southerly; thence Westerly along the arc of said curve through a central angle of 37° 55' 53" a distance of 331.01 feet to a point bearing South 7° 23' 25" East from the True Point of Beginning; thence North 7° 23' 25" West 9.51 feet to the True Point of Beginning. . ' . . . ' Also excepting therefrom that portion of said land which lies Southwesterly of the following described line: Beginning at said true point of beginning; thence North 71° 33' 55" East 206.14 feet; thence South 59° 29' 39" East 251.51 feet; thence South 25° 01' 15" West 662.37--feet to the beginning of. th~ here-in described line; thence North 73° 36' 47" West 404.57 feet, more or--1ess, to a point in the Southeasterly line of said land of Phipps that is South 25° .01' 15" West 605.37 feet from the true point of beginning and the end of the herein described line. ALSO EXCEPTING therefrom all oil, gas and other hydrocarbons lying 500.00 feet below the surface of said land, but without right of entry to remove the same, as grant to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June 10, 1968 as File No. 96383, Official Records. Said land is shown on that certain record of survey recorded as Survey No. 9017, Records of Sa~ Diego County • ~-.- ~. -4~ ~ . ' . ~ DETAil "'c·· SC.ALE: "'200' \ 0: ,:lJ "' '"'.... I C) , ... -.. &.. ~' '" .. ''''' <) .- '0. ~ .. :...: ell (, ;: ~ . " ~ ; .. \ '='11.'!'!..7W-M~· <::)«:-33 8':> I ~ , ' l"l..*" I \~ ~ __ . _ __~ ~.::a/ r zwt7'" it!t~ ~ ~ -Ei) ....... cP.-". c"c:;~..r ~ , eB , ~ ~ \.t~"'A"r! 0 fOR A<;srS<;MrNT PURP(lc:.[S ONt Y SAM OIEGO COUNTY ASSEs~nR'S MAP 8, 207 PG 10 -5"T \\ \. .' • " ~t ~ '.. :' ~ \ :~ '\::.' . ~~ \ : .. .. \ .. .... ,t::a. : " • t ;-- \ ',I • " @ • ''-, " ." " '"',,", • #"~ .r ... ..,D. @ 8312 AC <) <?;)~ ~. . -,,,,,-,.,,,.,,'-'-.~ ... ~-." .... ....... ......., .... ,. e ::::.;,.... ,.... ®. ¥OO. ~ @ 14,61 /A.C; --,- .I ~ ~ .," .. ~ .' ~ . .. ... . " ® \, ,.( C) \ 'v f --'-~WHIi.E 'THiS PLAT' Ii 'BELiEVED • TO BE CORRECT. T;m CO. ASSUMES , NO LIABILITY FOR ~y LOSS, l OCCURING BY REASoN OF RELIANCE ,.. I • ; THERCti." l, ,_ _ ___________________ , I '}---......." ,. J r--! . -.. -'-'';:- " .. ~ g :z i 6) ~ ,,-.--~I :7. 20 /()/ I // fa/ ~ • MAP 823 -RHO AGUA HEDtONDA -POR LOT 1 -MM-23. __ ROS 378_6, 4484, 4852, 5289, 5414, 9017,.9564, 9860 , . . • CITY OF CARLSBAD • 1200 ELM AVENUE ,CARLSBAD, CALIFORM'A 92008 438·5621 f· / ' / ,.--. I I .:~. , . REC'D FROM __ ~I~_I __ \ __ ~/ __ :_'~'_'-L/~/~i_,_j~'i~,_~~~ ____________ ~ ___ DATE-=~:~)_-__ '_/_-~ .. ~)~,.~) ____ _ l ACCOUNT NO. DESCRIPTION AMOUNT -, :-.: -~ I __ ' I L (~-' i I '" ---, .' I '. -. . , - ) , ,. ') 'L \.. ,I,' i l_ l~' ~, I .'.( { "j /-J I J ;--';; ":--,' 1 l i'l·. r r,~ .~, I' . .r/ -\ ---1 (, J,)-)'," 'I· ,-.' .' .I{; . (..... -L' _ "'" ..... fo" n. t'):! ,. "' ..... " \'" '1" "" '. -I'" ., . ;.:: . PAID;"" "'-'/ ), ... ';,\,1 .-'.f, \ ~r".~,L,' ',;.' ... \ CITYTREASlJRER ~, . : 1 RECEIPT NO. €l'! B 0 5 TOTAL 1 , I' , . I APPLICANT: AGENT: MEMBERS: • DISCLOSURE FORM L.R$ Partnership Name (individual, partnership, joint venture, corporation, syndication) 325 Elm Street, Suite D-1., Carlsbad, CA 92008 Business Address (619) 729-7911 Telephone Number Jerry L. Rombotis Name 325 Elm Street, Suite D-1, Carlsbad, CA 92008 Business Address (619) 729-7911 Telephone Number See Attached Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. l/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. /H 1U)..., /({.7.t:ip APPLICANT BY • L. R. PARTNERSHIP Ms. Beverly Kalicka 1164 Wellesley, #103 Los Angeles, CA 90049 Mr. Jacob Swartz 615 S. Flower, #1900 Los Angeles, CA 90017 Mr. James V. Jensen 265 Santa Barbara Circle Palm Desert, CA 92260 Ms. Octavia Cox' 3401 Via Palomino Palos Verdes Estates, CA 90274 Mr. Robert Davis 818 w. 7th Street Los Angeles, CA 90017 Mr. Tony Howard-Jones 2785 Roosevelt Street Carlsbad, CA 92008 Mr. Jerry L. Rombotis 325 Elm Street Carlsbad, CA 92008 Mr. Robert L. Rombotis 325 Elm Street Carlsbad, CA 92008 • • • .~ .. : . -" • • DESCRIPTION That portion of Lot "I" of Rancho Agua Hedionda, in the City of· Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at Corner No. 15 of saids Lot "I" as shown on said Map No. 823; c thence Southeasterly along the Southerly line of said Lot "I Itt, South 53 44' 35" East 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records;othence along the boundary line 06 said land as follows: North 25 01' 15" East (Record -North 24 53' 50" :gast) 597.82 feet; thence continuing along said boundary line South 47 36' 05" East 153.79 feet to the beginning of a tangent curve, concave Northerly, having a radius of 355.00 feet; theBce Easterly along said curve . 376.92 feet, tgrough an. angle of 60 50' 00 11 ; thence tangent to said curve North 71 33' 55" East 100.40 feet to the Northeasterly corner of OS aid land and the true point of beginning; thence continuint North 71 33' 55" East 206.14 feet; thence South 59 0 29' 39" East 251.51 feet; thence South 25' 01' 15 11 ~est 902.08 feet to the Southwesterly line of said lot; thence North 64 25' 37" West along said Southwesterly line 400.00 feet to the Southeasterly corner of saids Phipps land; thence North 25' 01' 15" East along the Southeasterly line of said land, 780.49 feet to the true point of beginning. EXCEPTING therefrom that portion of said land which lies Southwesterly of the following described line: Beginning at said true point of bgginning; thence North 71 0 33' 55 11 East 206~14 feet; thence South 59 29' 39 11 East 251.51 feet; thence South 25 01' 15" West 662.37 f~et to the beginning of the herein described line; thence North 73 36' 47 11 West 404.57 feet, more or less, to a point in the SomG'heasterly line of said land of Phipps that is South 250 01' 15" West 605.37 feet from the true point of beginning and the end 'of the herein described line. ALSO EXCEPTING therefrom a~l oil, gas and other hydrocarbons lying 500.00 feet below the surface of said land, but without right of entry to remove the same, as grant to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June 10, 1968 as File No. 96383, Official Records. Said land is shown on that certain record of survey recorded as Survey No. 9017, Records of San Diego County~ . • • e RECORDING REQUESTED BY AND ) WHEN RECORDED MAl L 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. 2.. 07 -10 /-.:1-/ , AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE TH IS AGREEMENT is entered into this ;/ day of February 19 58 by and between ________________________________________________ ___ (Name of developer-owner) a General Partnership (Corporation, partnership, etc.) , hereinafter referred to as "Developer" whose address is 325 Elm Avenue ------------~(S~tr-e-e~t~)----------------------- Carlsbad, CA 92008 and THE 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 II Propertyll; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 28 Unit P. U. D. REV 7-28-87 , , on said Property, which development carries the proposed name of ------ Laguna Shores and is hereinafter. _referred to as "Development"; and WHEREAS, "Developer filed on the day of February ---------- 19~, with the-City a request for tentative map and residential planned unit development 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 July 28, 1987, 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 services 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. NOW, THEREFORE, in consideration of the recitals and the convenants 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 terms "other construction permits", "other 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 building 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 1 above. If Developer offers to donate a site or sites for public -3- REV 7-28-87 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 inade, 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 fee 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. 5. 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. -4- 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 to 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. -5- REV 7-28-87 e e I N WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: L. R. Partnership (Title) ... BY ______________ _ (Title) 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 By ~~~~~~~~ ______ __ MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 » 0::: ttl Co E ? .... i= 0::: ttl tl .~ E « 'On I I [me us \ 1 • \'lx'~ r I H personally known to me (or proved t & within instrument as the agent of ...... r)· If VI I !ltd 1.....,)1 , • V the partnership that executed the within instrument, and acknowledged to me that he/she executed the same for and on behalf of said partnership and that said partnership executed a: :2 f'! Q) 0::: ~ --, ~ ~ t\I ~ f'-. g C') ned, a Notary Public in and for 5 OFfICIAl.. sn:..AI. Da>2le LJOHNSON r~1 Ful):lc. ellnf. P(.m))::J Oi1loo In Oil,"! OffiiP Coullty Myccmm~~G>:Il1I'CDAu!!UIl12', tGll9. (This area for official notarial seal) 'r - e "' . ~ ,I • -EXHIBIT "A" • LEGAL DESCRIPTION That portion of Lot "I" of Rancho Agua Hedionda, in the City of I Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at Corner Noo 15 of saids Lot "I" as shown on said Map No. 823; thence Southeasterly along the Southerly line of said Lot "I "', South 53° 44' 35" East 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No-179767 of Official Records; thence along the boundary line 06 said land as follows: North 250 01' 15" East (Record -North 24 53' 50" ~ast) 597.82 feet; thence continuing along said boundary line South 47 36' 05" East 153.79 feet to the beginning of a tangent curve, concave Northerly, having a radius of 355.00 feet; thesce Easterly along said curve 376.92 feet, tBrough an. angle of 60 50' 00"; thence tangent to said curve North 71 33' 55" East 100.40 feet to the Northeasterly corner ~;os~~~ ~;~dE~~ ~~~.~~u~e~~7n~h~!C~e~~~~!n~~ot~~~c;9~0~~;~u~~~.~~r~~et; thence South 25' 01' 15f1 ~est 902.08 feet to the Southwesterly line of said lot; thence North 64 25' 37" West along said Southwesterly line 400.00 feet to the Southeasterly corner of saids Phipps land; thence North 25' 01' 15" East along the Southeasterly line of said land, 780.49 feet to the true point of beginning. EXCEPTING therefrom that portion of said land which lies Southwesterly of the following described line: ~:~~n~~~~1~tf~:~~ ~~~~c~0~~~t~f5~5g~~i~~~ ~~:~c~5~~~~hf~~:;3f~e~~: South 25 01' 15" West 662.37 f5et to the beginning of the herein described line; thence North 73 36' 47" West 404.57 feet, more or less, to a point in the Southeasterly line of said land of Phipps that is South 250 01' 15" West 605.37 feet from the true point of beginning and the end of the herein described line. ALSO EXCEPTING therefrom a~l oil, gas and other hydrocarbons lying 500.00 feet below the surface of said land, but without right of entry to remove the same, as grant to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June 10, 1968 as File No. 96383, Official Records. Said land is shown on that certain record of survey recorded as Survey No. 9017, Records of San Diego CountY$ • • Jerry Rombotis L.R. partnership e • Costa Real Municipal Water District 5950 EI Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Dept: 438-3367 February 2, 1988 325 Elm Avenue, suite D-l carlsbad, California 92008 Re: 28 units PUD -CRMWD Project No. 85-C-126 Water Availability Dear Mr. Rombotis: The subject project is located within Water District service area. Water service each lot/unit that may be developed at the time is completed, and all applicable fees are paid. the Costa Real Municipal can be made available to an application for service The applicant shall meet the conditions of the costa Real Municipal Water District and its Water Master Plan. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifica- tions" dated January 1987. Very truly yours, ~ Robert J. G District RJG:sja CRMWD 85-C-126 • • ~ NO SCALE LEGEND 1900 -EXISTING 2400 -ULTIMATE PER SANDAG . 125 -PROJECT TRAFFIC NA -NOT AVAILABLE ALL VOLUMES ARE DAILY WESTO .... PRINGLE RHD AS$OCIATES· W ~I I Wi cd 0, t ~, DR. i j r ~, ...... l ---___ ,_, ~, I " ''A ',~ l "-<', • 1', '_lA, \ " " " .... \ I I ~4 \......J I .. ~-r \./' 'NEG , PROJECT ----r SITE \ \ DR, NA 22,800 55 ci Q t:f 2 ~1.. 1900 2400 125 TRAFFIC VOLUME MAP '-<." 23,000 28,700 . 6ORE~ pIDUR. ',-~&& ,:-( I r. I 1-.-.-. --f-·--.t -. r I i I \ .' I • I .. j" : ... : • , •• ,JI • I • ,d . I .. . . .)./ -~ --_ .. -.. _.---. "~ ~ I (, 0;:3 I' 1 .' «0 aD> rQ >' (. f1J]J ((..H) fr: f" '17JJ ...r~ .,..-f!:'."" U.),. (." -£ ~-. r: " .,..,~ 0 l.'h ...... 1' do (:: ' M"" n:: 1-I--!'... r:l., ". -:::( &J E o(~ u @g )-~ 1-!.:JI --" 9~ LAGUNA SHORES LOCATION MAP / 100 !SO 0 zOO "/00 SITE ~--I SCALE IN FEET ~ I @ 0> ( ;;'.'ff~ \1:3 ~..r 0 co cd> ~ co ([')0:: " OJ W --len \r.;:;:';J ~\ 0'::. ~ <CO .,-1 <.,)0 © ~ l~ c::r.: I...!.-/l.. &11 ~ 0(1: @g >-3 1_ l<J o~ 0