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PUD 88-02; VISTA DE LA VALLE; Planned Unit Development - Residential (PUD)
Carlsbad Cas Palmas Drive Carlsbati, CA 92009 (619) q38-1161 • Fe.es { ~ ':,dential. Condominiums ,.' dential Planned Unit . De.velopment: and $ 530.00 (50 units or less) $1,090.00 (51 units or more) PLANNING DEPARTMENT RESIDENTIAL CONDOMINIUMS RESIDENTIAL PLANNED UNIT DEVELOPMENT Complete Description of Project (attach additional sheets if necessary) 35-Unit Sinqle-Familv Residential Subdivision called Vista De La Valle Location of P~oject East on the extension of Winterqreen Drive and east and south of Hosp Way --.. ~ ... Legal Description (complete) Lots 1 through 8 inclusive and Lots 11 through 14 inclusive of C.T. 84-33(. in the County of San Diego, State of California, according to~map·thereof No. 11973, filed in the Office of the County Recorder of San Diego, December 11, 1987. Local Facility Management Zone Assessors Parcel Number Zone 1 167-250-03 Zone General Plan Existing Land Use RDM-Q RM (4-8 DUlAC) Vacant Proposed Zone Proposed General Plan Site Acreage RDM-Q RM (4-8 DUlAC) 8.2 Acres Owner Applicant Name (Print or Type) Name. (Print or Type) FIRST DARTHRON ASSOCIATES WESCO DEVELOPMENT CORPO~~TION Mailing Address Mailing Address 13305 Pen~ Street, Suite 200 23545 Crenshaw Blvd. Suite 200 Ci~y and State Zip Telephone City and State Zip Telephone Whittier, CA 90602 (213 ) 945-1677 Torrance, CA 90505 (213 ) 539-9579 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE B.EST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE AND CORRECT TO THE BEST OF 1rfrf,1 / MY KNOWLEDGE. SI h~~1IA DATE ~ATr;;;eJ-DATE YlIIJIJ 1. ~ .. ~~l/_tL ~~. 3khf /IIf4A 3-1t--8<a Dace APPlica;~:;;fd Received ,By I . Fe6Jteceived ~~eceiPt No. //£/ PVD-5"3<.1-7tFf'v , , PROJECT NUMBER (S) pJ) ~;L ::. • • . ~ .. .. • '1,$" " II I Form No. 1068-' (6/87) ~xhibit A to-Preliminary Report • '. Preliminary ,Report First American Title Insurance Company • EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)' 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD' COVERAGE POLICY ·1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or Rotices of suct) proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of per- sons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in bOllndary Jines, shortage in area, encroachments, or any otherfacts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, interest, estate or easement in land beyond the lines of the area speCifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys,lanes, ways or waterways, but nothing in this'paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a '; . physically open street or highway is insured by this policy. 7. Any law, ordinance orgovemmental regulation(including but not IJmited to building and zoning ordinancesY restricting orregulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation..!n ownership or a change in the dimensionsorarea of the land orany parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of policl1 power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, ~ncumbrances, adverse claims, or other matters (a) whether or not shown by the public records at date of poliCY, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but Known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy oracquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. ' . . 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17'70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance orgovernmental regulation(including but not limited to building and zoning ordinances) restricting orregulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or althe date such claimant acq uired an estate or inte rest by this policy and not disclosed in writing by the insured claimantto the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damag,e to the insured claimant; (d) attaehlflg or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ·1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This ,policy does not insure against loss or damage by reason of the matters shown In parts one and two following: Part One: 1.' Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, orclaimswhichare not shown by the public records but which could be ascertainedbyan inspection of said land orby making inquiry of per- sons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public fecords. 5. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. e' , -, ORDER NO. 956386-.19 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX SOS') SAN DIEGO/ CALIFORNIA 92101 (619) 238-1776 FEBRUARY 5, 1988 FIRST AMERICAN TITLE INSURANCE COMPANY ESCROW DEPARTMENT 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 ATTN:' KATE NEMEC YOUR REF: 956386-G OUR ORDER NO. 956386-19 BUYER: WESCO HOME INC. ", , . I l ' DATED AS OF FEBRUARY 3, 1988 AT 7:30 A.M~~ KENNETH T. BROWN/kk TITLE OFFICER THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BX THIS REPORT IS: ALTA TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREQF IS VESTED IN: FIRST DARTHRON ASSOCIATES TO BE VESTED IN WESCO HOMES,: INC. , A CALIFORNIA CORPORATION 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 . , .' ......... I ORDER NO. 956386-19 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. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND -TAXATION CODE. 2. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNI~HED WITH ALL- SUPPLEMENTAL TAX BILLS, IF AN¥', FROM THE OWNER: OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3.--AN EASEMENT FOR THE PURPOSE OF ERECTING,; CONS'llRt1€'T'ING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING; AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EX¢AVATION ANn/OR EMBANKMENT FACILITIES AND .INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, -RECORDED APRIL 21, 1971 AS FILE NO. 7956-4 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 4. THE WESTERLY 15.00 FEET OF THE NORTHERLY 244.2'0 FE_ET OF THE SOUTHERLY 924.20 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTI{UMENT FOR FURTHER PARTICULARS. . AT THE DATE OF SAID INSTRUMENT SAID BRITISH COLUMBIA INVESTMENT COMPANY, A CALIFORNIA CORPORATION, HAS NO RECORD INTEREST IN SAID LAND NOR SINCE ACQUIRED ANY. 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 MAY 28, 1974 AS FILE NO.-74-138552 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, BEING 5.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 2 . ... ~ .. I -~.:":-I . ' -..;., .. . ' .... -.... ------......... _ ............. ,; ....... -. ORDER NO. 956386-19 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32, SAID ,{~ SOUTHWEST CORNER BEARS SOUTH 1·03' 10" WEST' FROM THE WEST QUARTER CORNER THEREOF; THENCE FROM SAID SOUTHWEST CORNER NORTH 20°11'26" EAST, 2373.78 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POI~T OF BEGINNING NORTH 26°1,6'12" WEST, 2i.35 FEET TO THE NORTHER~Y LINE OF THE ABOVE DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER ~ARTICULARS. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS I~ THE ORIGINAL PRINCIPAL SUM OF $566,600.00, AND ANY OTH~R AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 10, 1e84 AS FILE NO. 84-306075 OF OFFICIAL RECORDS. DATED: JULY 26, 1984 TRUSTOR: FIRST DARTHRON ASSOCIATES, A CALIFORNIA GENERAL , PARTNERSHIP TRUSTEE: SAFECO TITLE INSURANCE COMPANY, ':, A CALIFORNIA CORPORATION ~: BENEFICIARY: BANK OF THE OCEAN" A CALIFORNIA BANKING CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO THE HOME INSURANCE COMPANY BY ASSIGNMENT RECORDED' MARCH 24, 1987 AS FILE NO. 87-153114 OF OFFICIAL RECORDS. 6. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 29, 1984, UPON THE TERMS, COVENANTS,: AND CONDITIONS CONTAINED THEREIN. , I -EXECUTED BY AND BETWEEN: FIRST DARTHRON ASSOCIATES, A .. ? PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF cALIFORNIA. RECORDED: SEPTEMBER 27, 1984 AS FILE NO. 84-367638 OF OFFICIAL RECORDS. 7; THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OR INGRESS OR EGRESS TO OR FROM WINTERGREEN DRIVE EXCEPT AT ACCESS OPENINGS 1 THROUGH 6 AD- JACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON'MAP 11973. ,;:;! 8. LOTS 11 THROUGH 14-ARE DESIGNATED AS "RECREATION OPEN SPACE .(\REA" • .9. AN EASEMENT FOR DRAINAGE 15' IN WIDTH IN FAVOR OF THE CITY Of CARLSBAD, AND INCI- DENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 3. . :.':' .' .' .' ORDER NO.: 956386-19 10. AN EASMENT FOR PUBLIC UTILITY 15' IN WIDTH AND INCIDENTAL PURPOSES AS DE- LEANTED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY (TERMS AND CONDITIONS CONTAINED THEREIN THEREIN. ,- AFFECTS LOT 4. 11. AN EASEMENT FOR WATER 15' IN WIDTH IN FAVOR OF THE CITY OF CARLSBAD, AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 6 12. A,PROPOSED PRIVATE ROAD ANb UTILITY EASEMENT FOR THE BENEFIT OF LOTS 9 AND 10 'I AFFECTS LOT 8. , 13. A PROPqSED PRIVATE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOT 4. AFFECTS LOT 5. , " 14. ,AN EASEMENT FOR PUBLIC UTILITY ~~ GENERAL ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDI- TION CONTAINED THEREIN. AFFECTS LOTS 7 AND 8. 15. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SEC- TION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DED- ICATION OF PORTIONS OF LOTS 7 AND 13 RESERVED FOR FUTURE STREET PURPOSES, AS SHOWN ON THE :MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DED- ICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. 16. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM WINTERGREEN DRIVE FROM PORTION,OF LOTS 7 AND 13 RESERVED FOR FUTURE STREET PURPOSES ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISH- ED ON MAP NO. 11973. ' 17. PRIVATE ROAD EASEMENT IN LOTS 7 AND 8 TO BE KNOWN AS DOREET WAY. 18. NOTE ON MAP 11973, LOTS 1 THROUGH 8 ARE FOR'CONDOMINIUM UNITS, AND TO CONTAIN A MAXHIDM OF 75 DWELLING UNITS. 19. NOTE-ON MAP 11973, NO LOT WITHIN THIS SUBDIVISION MAY BE FURTHER SUBDIVIDED. 20. AN AGREEMENT REGA~DING GRANT' OF EASEMENTS, DATED AUGUST 31, 1987, UPON ,THE TERMS, COVENANTS, AND CONDITIONS CONTAINED 'THEREIN. EXECUTED BY AND BETWEEN: PUEBLO DE ORO, LTD.~ A CALIFORNIA LIMITED PARTNERSHIP AND FIRST DARTHRON ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP RECORDED: OCTOBER 20, 1987 AS FILE NO. 87-590320 OF OFFICIAL RECORDS. PAGE 4 ...... e- ORDER NUMBER: 954386-19 21. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED NOV- EMBER 18, 1987, UPON THE TERMS, COVENANTS, AND CO~DITIONS CONTAINED THERE- IN. . EXECUTED BY AND BETWEEN: FIRST DARTHRON ASSOCIATES AND THE CITY OF CARLS- BAD. RECORDED: DECEMBER 21, 1987 AS FILE NO. 87-699369 OF OFFICIAL RECORDS. 22. 'THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY ~ILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 23. . COMPANY BE FURNISHED .A COpy OF THE THE REQUIREMENT THAT THIS LL FIRST DARTHRON ASSOCIATES AND A PARTNERSHIP AGREEMENT FOR AMENDMENTS THERETO. 1987-88 TAX INFORMATION: CODE; ARI;:A: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09000 167-250-03 $4,428.20 PAID $4,428.20 PAl!' $697,068.00 $135,252.nn $-0- PAGE 5 .~:. ':-<-.. : : .. ' :: e- ORDER NO.: 956386-19 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: LOTS 1 THROOUGH 8 INCLUSIVE AND LOTS 11 THROUGH 14 INCLUSIVE OF CARLSBAD TRACT NO. o • 84-33, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11973, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 11, 1987. PAGE 6 I 00 I 01 ~ 4. AM_AN LAND TITLE ASSOCIATION UOAN POLa-1970 -~~ WITH A.L.T. . NDORSEMENT FORM 1 COVERAGe (AME 10·17·70) SCHEDULE OF EXCLUSIONS FROM·boVERAGE '.\ :;. : l: .L t 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ptdinarweS) rest~icting or regulating or.prqhibiti.ng·the 0~.cuPfiOcy, u~e '~" (' or enjoyment of the land, or regulating the character, dimensions or location of any improveme';t now or hereafter erected on the land, or PJohibjling a ~~paration.in,;, ownership or a reduction in the dimensions or area of the land, or the effec;t of any violation of any such law, ordinance Q( governmental t:e.gu lation. " , 2. Rights of emi:1ent domain or governmental rights of police power unless notice of the exerci~e of ~ch rights appears in the public re~orcls(clt,I,),Qte pi PQlicy. " . 3. Defects, liens, encumbrances" adverse claims, orother matters (a) created, suffered, assumed or agr~ed.p by·the il)suredclaimant; (b) not-know.!) tQ Ine Company ., and not shown by the public records but known to the insured claimant either at Date of Policy or at the dat~ such claimant acquired an estate or interest·insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching orcreated subsequent to Date of Policy(except to the'extent insurance is afforded herein as to any statutory lien for labor or material orto the extent insurance is afforded herein as, to assessments for street improvements under construc-to:' tion or com preted at Date of Policy). -• 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to com ply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (AMENDED 10·17·70) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage. Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the pOlicy. SCHEDULE B This policy does not insure against loss or damage by reasol) of the matters shown.in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpalented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION lOAN POLlCY-1987 WITH A.l.T.A. ENDORSEMENT FORM 1 COVERAGE (6/87) EXCLUSIONS FROM COVERAGE The following matters arsexpressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or exp.enses which arise by reason of: . 1. (a) (b) Any law, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibit- ing or relating to (i) the occupancy, use, or enjoyment of the land; (iQ the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is orwas a.part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, exceptio the extentlhat a notice of the enforcement thereof or a notice of a defect,lien orencumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Anygovernmental police power not excl!lded by (a) above, except to the extent that a notice of the exercise thereof ora notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been rec;orded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of PoliCY, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: 4. (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known tothe insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material orthe extent insurance is afforded herein as to assessments for street improvements under construction or completed at date ~~~m . (e) resulting in loss or damage which would not h~ve been sustained if the insured claimant had paid value for the insured mortgage. Unenforceabilityof the lien ofthe insured mortgage because ofthe inability or failure of the insured at Date of Policy, orthe inabilityorfailure of any subse,quent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. . 6. Any statutory lien for services, laborormaterials(orthe claim of priority of any statutory lien for services, laborormaterials overthe lien of the insured mprtgage) aris- Ing from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part,by pro- ceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced'or is obligated to advance. 7. AMERIC,AN LAND TITLE ASSOCIATION lOAN POl1CY-1987 (6/87) WITH ReGIONAL EXCE·PTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as·~n Extended Coverage Policy the exclusions s.et forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. • :, .. . ~ It SCHEDULE B • This Rolicy d'oes not insure against loss or damage (and the Company will not pay costs, attorneys' fees.!,r exp'~ ...... s) .Y!.hl,l!.h ar.lse. py rl'a~(:m,of: 1. Ta~~s or as~essments which are not shown as existing liens by the records of any taxing authoritY that,l,ev!6S t,~x~.l' .. or ~~~~~~~.e~ts?'1 re~l.p~?~~l~Y.s 9r.~x.~h,e.: .:., " pu IC recor s. I .. " .. ; .. . .. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could beasc~rtalnQd by an Inspection of Sl!(d I~nd or»yl)1aklng Ipql-!Ir:xof per-. ..-sons In possession thereof. ~.' . . r, ..... \. _. ,r_"" '.0 or ~f'!" 3. 4. 5. 6. . , Easements, claims of easement or encumbrances which are not shown by the public records. :, l. "~ ~, Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a cqrrect survey would disclose, and which are not shown !Jy public records. ' I . ( ~ • ~., . . . Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuanc;e thereof; water rights, claims or title to water. , . . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im~osed.by lar and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1987 (6/87) EXCLUSIONS FROM COVERAGE '" .~ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss ordamage, costs, attorneys' fees or expenses which ariso by reason of: . 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohlbl'!- Ing or relating to (0 the occupancy, use, or enjoyment of the land; (iQ the character, dimensions or'location of any Improvement now orhereafter erected on the land; (iiQ a separation in ownership or a change in the dimensions or area of the land orany parcel of ~hlch the land Is orwas a part; of (Iv) environmental protection, or the effect of any violation ofthese laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affectlngthe land has been recorded in the public records at Date of Policy. (b) Any governmental police powernot excluded by (a) above, except tothe extent that a notice olthe exercise thereof or a notice of a defect, lien ore.ncumbranca ' resulting from a violation or alleged violation affeCting the land has been recorded In the public records at D~te'of Poli~y. . . .' . 2. Rights of eminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. '. . . \ 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; . , (b) not known to the Company, not recorded in the public records at Date of Policy, but known tothe insured claimant and not disclosed in writing to the Company by th~ insured claimant prior to the date the insured claimant became ~n insured under this policy; . (c) resulting in no loss or damage to the insured claimant; (eI) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid ~alue for the estate or interest in~ured by this policy. , '. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY -1987 (6/87) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is'used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. . , SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Anyfact.s, rights, Interests, or claims which are not shown by the public records but which could be ascertained byan inspection of said land orby making inquiry of per- sons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflipts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to watl'r. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposeQ by I,w and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 . EXCLUSIONS In addition to the Exceptions In Schedule B, you are ~ot Insured against loss, costs, attorneys' fees and ex~nses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws - and regulations concerning: .. • land use • land division • Improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records !It Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning It, unless a notice of taking appears In the public records.on the Policy Date. '3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared In the publiC records. • that result In no loss to you . • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage In Item 8 of Coyered Title' F,llsks 4. Failure to pay value for your title. 5. Lack of a right: .. • to any land outside the area specifically described and referred to in Item 3 of Schedule A. cir • in streets, alleys, or waterways that tC'Jch your~and -' :-: • err\' O~ CAf\'-"") DEV: .... C? Pr\u~, Sc::rW .... I\J. CITY OF CARLSBAD 1200 ELM 1JNUE CARLSBAD, CALlFO_IA 92008 438·5621 • ACCOUNT NO. DESCRIPTION AMOUNT I )7):LJu / I -p P/j 0 8' J -;Z ~-11~~a~ ~~O :O() , , If . . MAR 1988 ~ 1\ i ;; PAID l~ I CITY TREASURER ~ I '; CITY or CA'RI:~i:iilnc '/ , RECEIPT NO. alB e 1 TOTAL l L/ 7~) 1 ()O • _______ • ________ • ..z " =:,;:;;;;. --; .... ~-. ",;~' ;--~\3-~,.::~.r,lr:_;;::lC;':-?},:-;:...:::-: ': \" : .. ;:::-p -r.:~T>;',1-::~~~\::':::-\::;.-;-l, ,::( "~~-"t·~:·::;~,,r:;~~~~::-~r;.'S~:~21~~v. ·~·~.:~t1rt-":;W.;f]::;.r,:1.-":'V<-~:>J .",~ .• "1 CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438·5621 . . ~ 'I 1 r; \~ REC ' 0 : i .. ,,\ .r.!'~" , ·1 -: 1/ r: / (' { DFR M __ ~·~-·-~<~.,_·~'(~j __ ,~:[~j,~·.~.~~-:~,~,~i~\~l-._.~ _______________ DATE __ ~·I __ i __ .\_/ __ ~_J __ __ ACCOUNT NO. .I •• I v·.>; V RECEIPT NO. 81 882 I! - -j/.-..:.-- / , ' , , DESCRIPTION I "J .. . )L , (I ',; t.: L f.: ,. Iff .' MAR 1988 1i TOTAL AMOUNT I . ':-I, ", ,/' --.) , -_ .... l .. , 1"-- I I ,< APPLICANT: AGENT: , MEMBERS: DISCLOSURE FORM WESCO DEVELOPMENT CORPORATION Name (individual, partnership, joint venture, corporation, syndication) 23545 Crenshaw Blvd., Suite 200, Torrance, CA 90505 Business Address 213/539-9579 Telephone Number RICK ENGINEERING COMPANY , Name 365 South Rancho Santa Fe Rd., Suite 100, San Marcos, CA 92069 Business Address 619/744-4800 Telephone Number Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Home Address Telephone Number Home Address I , I Telephone Number 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. <:: I/We acknowledge that in the process of reviewing this application, it may be ne~essary 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. ;/ BY WESCO DEVELOPMENT CORPORATION APPLICANT 2-/1-~5 Partner ,. e • Costa Real Municipal Water District Mr. Tony Arnest Wesco Development Corporation 5950 EI Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Dept: 438-33(?7 March 17, 1988 23545 Crenshaw Boulevard, Suite 200 Torrance, California 90505 Re: Vista de La Valle Tentative Tract Map -Rick Engineering #9065-D CRMWD Project No. 83-108.57 -Letter of Water Availability A.P.N. 167-250-0? -Previous Vista de La Valle'C.T. 84-33 Dear Mr. Arnest: The subj ect proj ect is located wi thin the Costa Real Municipal Water District service area. Water service can be made available to" each lot/unit that may be developed at the time an application for ser- vice is completed, ~nd all applicable fees are paid. 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. truly yours, Robert J. Grean ,P.E. General Manager/District RJG:sja cc: Christie Mack, Rick Eng. Craig Kahlen, Rick Eng. CRMWD 83-108.57 ::: • February 29, 1988 Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-4859 RE: ~~§te ~~ be ~ell~ -;. ,.".d11161.. .~ • ..aIh ~ _i.If.. '"~ .\ , ". .,;a.;"";:I1:1: -i '. ,-.. _ • .DOi. ·.luW ·t..;o:.. .,..J:iJIIJJI 'Develoomenl CorOOrallO;] , . *Reasons to ~upport new revised site plan and density reduction *Tract Map No. 84-33/PUD 74 (Final map recorded) Dear Sirs, Pursuant to your request, the following is pr·oyi .. cted-· to support our submission of a new site plan for the, above-mentioned recorded map. The new submi ssi on seeks to! substi tute 35 single-family patio ~omes along the same street design as currently approved for the 75 attached apart~ent/condominium units in eight (8) cluster buildings. In the process of reviewing the acquisition of.the approved 75 unit project from First Darthron Associates, our extensive marketing studies have indicated two import~nt conclusions. First, the subject site has wonderful view and . location~l amenities which may be better utilized under our revised program. Second, in the time that has passed since the injtial submission of the 75 unit project by First Darthron Associat~s, a number of signi~icant market conditions have developed in ~he marketplace 'which now strongly support the proposed revisipn to the site development. The proposed revision to the site development, if approved, would L~Q~£~ the app~oved density by more thanl fifty percent (50%), and change the product design from bulky two-story clusfer apartment/condominium buildings to high scale, spacious~ view oriented two-story single family patio homes w~th extensiy~ comm~n and private area landscaping. . J ' The proposed lower density is below that which is permitted" and this reduction we believe is supportable and ~ppropriate for. the reasons stated below. These reasons encompass two prima~y categories: site development conditions and economics. . , 1. Our mar~eting studies indicate that the prQPose~ /' 'e e, single-family, patio home styJe project would ~ow be,~a,l~pr~=~'f compatabl e transi ti on from the hi gher densi ty aPf\rt~!?nt?, b;el .. Gw, i j, and adjacent to the si te to the more rural si fl91 e-;famj.l:x : and {: zero-lot line patio homes to the west and above. ~We be~~eve t~~t ,( thi s shoul d resul tin a better qual i ty producb, whi ch , ,has: ,a stronger chance to succeed in this changing market~,~" _ , .. ,'_ .. At this time, and in consideration of this particular .market in Carlsbad, we also believe that the revised s~te deve~opment will simply provide a more desireable neighborhood for your community. We also believe that the revised project is more consistent with the surrounding vicinity as it is, now dev~loping, and would be more similar to the type of products planned for the neighboring areas. The homes as proposed will p~rmit the site to take pn ~ ~ore e>:clusive, well landscaped "single-family envior{1ment", which t."!e " believe to be superior to cluster rental or condpminium housing, at this site. This revised development will icreate greater permanance among the residents, a stronger econo~ic base to the,' city, less overall transient problems associatedl with ~partment, areas, and a pride of ownership which will help maintain the aestheti c val ue and appearance of an important, are'a," cfi rectI y adjacent to the "Hosp forest." 2. In this same context, our marketing studies also indicate that there exists now and will continu~ to exist for some time, an overbuilt apartment market as evidenced by the current vacancy rate in the north courity. Even the projects below and adjacent to our site are now experien~ing less than projected rentai rates and somewhat higher vacancy figures due in part to additional units having come into the market in north county. We believe that in comparison to existing rental/condominium projects for neighboring areas~ building designs, unit sizes and amenities are no~ competitive. and up-coming the approved going to be as Consequently, given this site's high land cost:, -the ~articular building and un~t design, current development ~ee~", and' the very extensive grading and construction ~osts requi,red, , the competi ti ve rental market and vacancy factors-have create:d a situation where we feel that the construction of 75' apartment or condominium units is not economically feasible~ " J 3. It is our determination that, given this site'si t topography, our desire to leave the street~ and offsites essenti all y as desi gned, our desi re to increase 1Ii ~w advF\!lt,age~",' and establ i sh a better overall vi si bi 1 i ty from tt:Je free\tJay, alld; areas below the si te, and OLtr desi re to bui I d wl;lat we, ~,el i eve .! ,', will be a superior product to ma!-:imize the ameoities of ;tt;,ifs ~ :\ terrific site, we have proposed what will be ·a upper-me,d"ium priced, large, well designed single-family patip' .home proje~t . j whi eh by desi gn reduces the densi ty from 75 to 3p uni ts. '.. l. t . • In the final analysis, at a time lfJhen more· and ,more'~l communities are focusing on increased quality and! lower. ;df?ns,i,ty,., it is our hope that the conversion of the approved land, ~s~ , from multi-family apartment or condominium units t6 single-~amily patio homes with associated amenities would be w~ll received by the City. We would also hope that the dehsity. reduc~ion associated with this proposed revision would rece~ve enthusiastic community support as well. It is our goal to create a better quality residential community which can truly take advantage of on~ of the best remaining locations in in zone (1) and ~t the same time provide the developer an economical I y competi ti ve product to i nte.grate into a changing residential market. / Sinci?rely, WESCO DEVELOPMENT COMPANY ~flJ TONY ARNEST Vice President :;.., .-~. .~. • :..: ~ . ·r . " ., J j , :. I J "'OJ : ' ~ , ., 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. /6 7-;;LS--o-03 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 11 day of March ...:;.:;=-=--- 19 ~ by and between WESCO DEVELOPMENT CORPORATION . (Name of Developer) a California Corporation (Corporation, partnership, etc.) , hereinafter referred to as "Developer" whose address is 23545 Crenshaw Boulevard Suite 200 (Street) j Torrance. California 90505_ (City, State, Zip Code) and FIRST DARTHRON ASSOCIATES (Name of Legal Owner) California General Partnership a __ ~~~~~~~ ____ ~ __ ~~~ __________ ' (Individual, Corporation, etc.) hereinafter referred to as "Owner" whose address is 13305 Penn Street. Suite 200 (Street) , Whittier, California 90602 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008·C~ Pf--),- REV 7-28-87 , , . , RECITALS WHEREAS, Owner is the owner of the real property described on I Exhibit II A II; attached to and made a part of this agreement, referred· to as II Propertyll; and hereinafter WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: A 35-Unit Single-Family Residential Subdivision . on said Property, which development carries the proposed name of ----- Vista De La Valle and is hereinafter referred to as II Developm~ntll; and WHEREAS, Developer filed on the 18 . day of March -------------- 19~, with the City a request for a tentative tract map (and planned unit development).- hereinafter referred to as II Requestll ; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all p~blic facilities necessary to serve a development will be available concurrent with need or· such development shall not be approved (said elemen·t 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 b!a available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 7-28-87 , :. WHEREAS, Developer and Owner -have asked the City to' find thatf .. _ public facilities and services will be available to meet the future l1eeds .of :U~~ Development as it is presently proposed; but the Developer and· Owner are aware that the City cannot and will not be able to make, any such findings without financial assistance to pay for such services and, facilities;· and therefore, Developer and O~ner propose 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 c{)nvenants contained her~in, the parties ~gree as follows: 1. The Developer and Owner shall pay to the City a p'ublic 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 Developmept pursuant to the .Request. The fee shall be paid prior to the issuance' of; building .. or~· o-t:her construction permits for the development and shall be based :on the valuation at thal time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titl~s 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner 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 cond,ominium 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 hQme sites or projects, shall not refer to gradi-ng 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., -3- REV 7-28-87 ." ~ t- .... : :::;: ?~ Developer and Owner 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 Re,que~t. 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, d~dications or improvements required according to Titles 18, 20 or 21 of the Carlsl;>ad Municipal Code. 2. The Developer and Owner 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 and Owner offer to donate 'a site or sites for public 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 inch:lde improvement~ 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 riot 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. Il. City agrees to deposit the fees paid pursuant to this. agreement in a public facilities f\lnd for the fin~ncing 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. -Il- REV 7-28-87 ( , .:-.. : " , s. City agrees to provide upon request reasonable assurance'S, to,""" ~ enable Developer an~ Owner to comply with any requirements of other .p~blic agencies as evidence of adequate public facilities and ser;vices sufficient to accommodate the needs of the Development herein describ~d. 6. All obligations hereunder 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 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 ~t 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, Owner and the City, and references to Developer, Owner or City h~rein shall be deemed t~ 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 h,terest in the property shall have first assumed in writing the Developer's obligations hereunder. -5- REV 7-28-87 , ' . r STATE OF CALIFORNIA o L A I I COUNTY Of Q 5 . 1TO,,~ ( LS I 1 I .~<;·.e.9 •••••••••••• "~ ••• "' ••• •••• ~ . ~ OFFICIAL SEAL : ~ ~~;.7~ .;~;Z~", DONNA M. 01 MARIA • (\ .. ~ ~;""-. \ ' .. '1.... f s...... C '';' • • . :; .. : •• ;, "' .• :-:-;', NC.!i!fY Pu .... !c· a!l·crma I ,,' ':; :=:~. , .. :._.[ ~, PrincipLif O,iicc In ~ " c' ::. >:,; .. ,/ l05 P.:-:;;~las County i ~1.;;;'·· r:.y Comm. lxp. June 25. 1990 : ...... ~~.~ .... ~ .. ~~ ........... . ACKNOWLEDGMENT-Corporalion-Wo!coUs Form 222CA·X-Rev. 5·82 @1982 WOLcons. INC. STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL SEAL RIC!':1 GEAft CLAVIER rJOTAR\' i'UC:UC -CALIFORNIA .s.:.:~ DIEGO COUNTY I My cor;.m. expires SEP 26, 1990 J ACKNOWLEDGMENT-General or Limited Partnership-WoIcoUs Form 236CA-Rev. 5·82 ©1982 WOLCOnS. INC. STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL SEAL RICKI GEM CLAVIER rJOTARY PUBLIC -CALIFORNIA S.;il DIEGO COUNTY " My COITun • .£xllires ~EP ~~ ACKNOWLEOGMENT BY CORPORATION WHICH IS A GENERAL PARTNER OF GENERAL OR LIMITED PARTNERSHIP-Wolco"s Form 230CA 191982 WOLCOTTS. INC. } ss. .,IT!r'~:I~~~·~~'= .--~--=.-.~- j I ; .. ( .. 'I I ! I: ( r I ~ . -• : ~ ~. I ~ ; .... ~ 1, .. ! I II _, '. . I U~ d fl: 11.0 rc...-/' , in the year 19~ On this ..1 ay 0 II ed before me, the undersigned. a N~tary Public in and for said State, persona Y appear ! \ ; , personally known to me or roved me on the basis of satisfactory ev'idence) to be the pers~n w~o ,executed the ~it~n instrument on behalf of the Corporation therein named. and acknowledged t~_ me that the Corporation executed it. WITNESS my hand and Offl~ ':;B? _y,;.. 8> Ilf\~ n ' ~, ?r:'?-~ Notary Public in and for said srate. On this 11 th day of March • in the year 19 88. before me, the undersigned, a Notary Public in and for said State. gersonally appeared Davld Rlelnman ______________________ • personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein. and acknow- ledged to me that the Partnership executed it. WITNESS my hand and official seal. Notary Public in and for said State. On this 11 th:Jay of March • in the year 19J2jl, before me, the undersigned, a Notary Public in and for said State. personally appeared _____ _ Arthur Harris Vice President and Rita Harris, President personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, respectively, of the Corporation named therein, said Corporation being personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument on behalf of the Partnership named therein. and acknowledged to me that the ______ Partnership executed it. WITNESS my hand and officiaL seal.. !vi ("/I _. .:. t~~~ Notary Public in and for said State. f , I l I ~ STATE OF CALIFORNIA COUNTY OF __ S_A_N_D_I_E_G_O ____ _ ~--'~-~-==-=---'1'-" --='=~--OFFICIAL SEAL ~ '':~.~:;': '~~~~ RICK1 GEM CLAVIER ~'I':-~ NOTA"'" 'O\!['\ Ie -CALIFORNIA j,J -;, If" r.' I , .... ",,<-m., _ 0 COUNTY "',..: ,,',) "." 1 Dit.G I \">:5w.? / l'y co~,n' '~. expires SEP 26, 1990 ~ .1 I __ ACKNOWLEDGMENT-General or limiled ParinerShip-Wolcons Form 236CA-Rev, 5·82 ©19~2 WOLCOTTS. INC. STATE OF CALIFORNIA COUNTY OF _S_A_N_D_I_E_G_O _____ _ OFFICIAL SEAL RICl~1 GEM CLAVIER rJOTAR'r' PUBLIC -CALIFORNIA S,iil DiEGO COUNTY My comm. expires SEP 26, 1990 ACKNDWlEDGMENT~General or limited Parinership-Wolcons Fonn 236CA-Rev. 5-82 ©1982 WOlCOTTS. INC, 11th March 88 On this day of , ' in the year 19 __ , before me, the undersigned, a Notary Public in and for said State, personally appeared Arthur Harris ----________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the Partnership executed it. WITNESS my hand and official seal. ....... Ridu' ~-ht\ ~ Notary Public in and for said State. On this 11th day of March , in the year 19 88, before me, the undersigned, a Notary Public in and for said State, personally appeared Rita M. Harris ____________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the Partnership executed it. WITNESS my hand and official seal. RA i./t A" ~ C1.a.~ Notary Public in and for said State. :: '" At such time "as Iner ceases to have any inter. in the. Property, all obligations of Owner hereunder shall terminate; providec:!, however, that;if. any successor to the Owner's interest in the Property is a stranger to ·this agreement, such successor has first assumed the obligations of owner in wr.iting in a form acceptable to City. 9. Thi"s 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. IN WITNESS WHEREOF, this agreement is executed' in San Diego County, California as of the date first written above. OWNER: ATTEST:" ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM:" VINCENT F. BIONDO, JR., City Attorney DEVELOPER: BY ____________________ __ TITLE. ________________ __ CITY OF CARLSBAD, a municipal corporation of the State of California BY "'-:M:-:-A"='R=T'"'"'I N,.,..-,;O:":R::"::E:":'"N=y"...,A:-:-K=----- For City Manager (Notar-ial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6-" REV 7-28-87 -: .~ . ' r" EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 8 inclusive and Lots 11 through 14 inclusive of Carlsbad Tract No. 84-33, in the City of Carlsbad, County of San Diego, State of California, -according to map'thereof No. 11973, filed in the Office of the County Recorder of San Diego County, December 11, 1987. . . -.~. ~l~;:. ..... h .e en'l OF C!\RLSBPD DE.'J::"'C? PRGv. S'C..R\f. ')W. "-"" ~r ~..:;;.', t=\\\ \ R ~ L-._--; OJ ,r < o GENERAL PLAN IUSIDINTlAL RL 1()\IIIlf.!\~lr),ln·'1' RUI WW·MElllnll)~r-;51n' 10·") R~I MEllII'M IlEN~In' (-I.ij) R.\III MEI>II'~IIIIGIl OENSln' C 8.(5) 1111 1II01l1lENSIn' ( "'l.l) COMMIRCIAL RHI IN 1 EN~I\E HE,I.IONAL RET.\IL Ie. PI". (:.monu Rull RRE EXnN~I\'E RE(i/O;>OAL RETAIL (01 <:u <:ountr}' C"bb •• l) as Rf.r.lONAL )ER\'ICE (; I.UMMI·M n' (;OMME~CIAL S :'iEIGIiBORIIUOD Cml~IER<:L\L rs TR.WEL SERVICES COM.\IER(:I.U Cl PROH~)ION"L REL\TEI) (;01) (ESTR.H BC ~INE)S I>ISTRICT PI PI.\NNEIlINOt'STRI.H t; 1,1 )\'ER:'i~IEST FM'UITIES I: PI hlle I'rIl.JrlES HI: UI·RE.HIIlN CO,\lM~RClAL SCHOOLS E ElI.~IE:'iHR" J JI :'iIOR 11lIa! " 1111;11 St.1I00L I' I'RIUrE 0) OPEIO~ACE ~RR NON RE)IIlE:'iTI.\L RE~ER\'E Z 0 N IN G IIISIOINTlAl. p·e R·,\ R·e R·' R i R·, R,j~ RO·M IID·ti R,\IIIP It·p RT RW ° C·, C·l C'T C·M M P·M F·P L·C OS p.L' ~~iD~~h\~;\I~II1'im: l,()~E ZOt:tE RlMP\Ji.'1 ~. O:-'~·F\.\iI~) l'v;n'~,\~JJ~ ~I\'U;WJ)H: ~~.ImR~~f R;~II).I1,"i'lJ, Rts\DE;>OJ.1A . RtsIDE:-''1'I,.~~ ZON~ R£SID£:'i'l1.U R£SIDE:·m.>J. V;:\rERV;:W ZO:O;f COMMERCIAL OFFICE lO;>OE ;>OEIGIIUORIIOOD CO~IMER(Hl ZOr-;E GE."'~MI c:n~I.\IERC:I.\l7.():-'E eOM.\ICRCl\L,rOl RIH tOM IIE.\\ Y CO.\I.\I~RCL\L·U.\IITED 1!\'Ol'STRLU ZOr-;E L .... 'O( ·STRJ.U ZO:O;E PlA.""ED lJ';Dl'STRLU ZOr-;E OTHIR FLOOOPL\lr-; 0\ 'ERL\Y ZO;o.;E U.\UTEO COl'oTROL OI'E."i SPoKE !'l BUC L"UIT ZO~E SITE Gity of Garlsbad CT 87-4 VISTA DE LA VALL:E '~r·-.-----_. ___ Ji i...._ .. m r VISTA DE LA VALLE City of G.arlsbad . CT 88-2lP'UD 88-2 .,' . 4. NO.a .... ,. 110 150 .. -........ ~' ..... ""{,.':'.t A ••• ' • ~\ ~:JJJ~ TO m r §]. VISTA DE LA VAL[E~>- Notes: NO 80,t.1.1: ,(1) D,irectiona', distribution, per Traffic Study by Weston Pringle and Associates dated 10/08/84. (2). Project trip generation estimated at 10 trips per residence . (3) 0 denotes destination or trip end . . (4) This exhibit was prepared on' 03.109/88. CIVIL ENGI,NEER81 PUNNING CONSut:l7dO'8 I SURVEYORS l21N RICK ENGINEERING COMPANY , . 1120 'IIW.I 110 .. ;0 IAN DlEOO. CAllfOllNIA I" 10 (1,.)11111101 ~o .. PIO PlCO onlVE CAIIl.IIAO. CAllf'OllHlA 12001 ("I' 721'4111 ~ .. 8.1IAHCHO SANTA FE lID. IAN MAIICO •• CA. 12001 "'I' 104'4100 TRAFFIC STUDY EXHIBIT PROJECT TRIP GENERATION ' PROJECTED VOLUMES (ADT's) 90650 , , .~ . ", ."-:J: .-~.- .: ,- :~ . .,' .4. ItO .oAUl ,. Notes: m r- VISTA DE LA VALLE'" (1) Existing volumes obtained. from City of Carlsbad Engineering Division. (2) ADT's ~t Hosp Way/Grove intersection have been adjusted to reflect Elm connection to EI Camino Real. (~) This exhibit was prepared on 03/1.0/88.' 'CIVIL ENGINEERIII PLANNINO CONSUL'I7<NTII J SURVEYORS \liN RICK ENGINEERING COMPANY • • 1120 FIIIAftl 11010'0 lAM 01E00. CAlIfOllN1A 11110 II If' a ... 0707 '0" PIO PICO DRIVE CAIIUIAD. CALIfOllNIA 12001 'I") 721-4117 ,el D.IIAHCHO 'ANTA FE I\C!. IAN MAIICOS. CA.12011 (III) 74Nloo TRAFFIC STUDY EXHIBlr EXISTING VOLUMES (ADT's) 9065D "" . ,. . ~ .. 0.0 ...... ,. CIVIL ENPINEERSI PLANNING CONSUt».NTS I SURVEYORS II1N RICK ENGINEERING COMPANY , , 1120 fllIAII. IIO .... D IAN DIEOO. CAlIFOIINlA 12 110 ,et.' 2t111707 '0" PIO rICo DAIVE CARLIBAD. CAUFOIINIA 12001 (I "' 72"4117 311 O,IIANCHO SANTA fE lID. IAN MAIICO •• CA.120n 'I'" 744-4.00 m r VISTA DE LA VAhbE-- NO 80M-l: Notes: . (1) Ultimate volumes-per Bob Johnson City of Carlsbad Traffic Engineer, ~nd SANOAG . (2) This exhibit was prepared on 03/10/88 . TRAFFIC STUDY EXHIBIT ULTIMATE VOLUMES (AOT's) 90650 :.:.: r' -J, r" I I J .'. ::::.:>: PROJECT SUMMARY TABLE date 01 prepara"on: date ot lat,at fevl,lon: ' as.sesaor', pare .. no.: Sit. acreage: exist. zone and land use: proposed land us.: lolal building coverage; building .qua,. 'ootage: percent landsC8pin~ ollstreet parking: open/recreational space: storage apace: 3-16"88 167-250-03 11 acro. ROM-Q ROM-Q 1B.2% 65.020 •. 1. 72.6% 1'54 spac •• 5.200 5.1. 29.368 cubic foet ....... :;. BUILDING SQUARE FOOTAGE BREAKDOWN unit IIrsl floor "_orace oaf.ge •. t.lunlt no. tolal •. r. A 1,120 • .t. 57 •• f. 451 .,f. 1,628 •• f. 8 13,Q24 •. 1. B 1.2"2 •. r. 81 l.t. 431 •• 1. 1.734 •• f, 6 10,404 •• 1. C 1,4181.r. 1751.r. 420 • .t. 2,013 •. f. 14 28.182'.t. o 1.403 s.f. 57 •. t. 420 •• t. 1.880 •• f. 7 13,160 s.r. recreation bldg. 250 •. t. 1 250 s.f. 65.020 •. 1. OFFSTREET PARKING BREAKOOWN unit coveted tandem no. tolal cov«ad lolal tandem total " 2 2 a 16 16 32 B 2 2 6 12 12 2' C 2 3 I. 28 .2 70 0 2 ~ 7 I. I. 26 35 70 6. 15. SlORAGE SQUARE FOOTAGE BREAKDOWN urnl area clg. hi. storage/umt no. lolal " 57 s.t. Bit. 456 cu. It. a 3.648 cu. It. B 6t 5.1. 6 It. 488 cu. fl. S 2.928 cu. It. C 175'.t. 6 It. 1,400 cu. tt. I. 19.600 cu.ft. 0 57 • .f. 61t. 456 cu. ft, 7 3.192 cu.n. 35 29.368 cu.lt. PROJECT SUMMARY UNIT MIX svm amt descnpllOn A 8:3 bedroom + den B 6 3 bedroom + den + lamily C 14 4 bedroom + lamlly ..... ,'."', -;i ij "w g.:=-; i~¥ o 7 2 bedroom + den + lamlly + bonus room 35 D.U. total schematic site plan carlsbad patio-homes (vista de la valle) wesco' development . ,:!;:::;: . / I 1~~~~:-__ ,~"1~2 ________ ___ / / I =*'=.------/ / / ..... ~-=----------,t,..../' 1-----------::~---bh-~I /// =================== =1 N~II------------ !=".,,=-===== I~ 17\ • 7\-17\ ./\ !7\ :7\ I "relect: I 'lista De La Valle i I owner: J Wesco OevelopmAnt 1 t • • i i J i • • t · I J 1 i I '1 I ~,oa~~n future I ext I t .1 t area 2.1325.1. ~.358 s.f. 2,704 s,f. 2.700 5.1. note: all ItructurM not noled .1 exist •.... proposed '~pilc ... t, .WC;Od.,tlOI*'I nut c • .,"",. t»"~ .... It 100 1",,_ .. ,a'GlOI 11 •• 1 OIf'IWOO'I ' .. OC'I'" IllO.peot .. "' .......... HO .1>III'-'.ulOtol • ·eniJll'I_:·IcIl"'IiJI"~'" lU to f&IICtoo ...,..11 II 'oM, ..... '" MIl 1"'''lIRot.,CI'to •• '.1"11100'1 flO: tCl , ...... " :UII '.,eNtICe' .""'_lOWca&llt ".PI4II''''''''. WCfIIIIICtI ;0200 ".rIIe eN" ........ .., ...... If so. to--.a blKll, sa H,b ·191 ... ' ... ""-.: ..... -f!!'''' l·3O' Efj o ~ 60 90 llo I r · I ~~ the withee. malcolm partnership, arctutects ::-~ ~"."" < ·.u .... __ h w'o!' 31M ~ .. _., 't",." , •. ''' __ ' i"l~" ' ..... ;n. ... ~" 1 '. ; .. ~I i----=--I 1~ L~_ i- I site plan CiTY Of GARLS8:::'.G DEV::":? FRvC. S'::'HV. 0i\/