HomeMy WebLinkAboutRP 83-15; NEILSEN SENIOR APARTMENTS; Review Permit (RP)i iAt:; !tS1IiEø1 '
one Change 0 Minor Redevelopment Permit
General Plan Amendment- OPrecise Development Plan
[]Tentative Tract Map - 0 Specific Plan
OPlanned Unit Development.- []Site DevelOpnent Plan
Major Condominium Permit 0 Conditional Use Permit
Minor Condominium Permit jVariance
OMaster Plan DPlanning Commission Determination
OMajor Condominium Conversion OSpecial Use Permit
Major Redevelopment Permit DPiministrative Variance
(check other boxes if appropriate)
;A Senior Citizens Apartment pr'oject of 18 dwelling units,-one and two
story structures, 7 parking stalls, a laundry/recreation building,
security building, security entrances and a spa.
-WA. !J4. 4. -
South side of Elm Street on Roosevelt Street
Carlsbad, 3279 Roosevelt Street
al Description (complete)
Lot 27, 28, 29 on block 31, map #535 in the tOwne
of. Carlsbad, County of San Diego, State of California,. filed . the
office of the County Recorder ot[Assessors Parcel Nuither
Pon niinon r-iv May 2, 1880 1 204-081-09
tone ueneraj. Pi. fl Existing Land Use
C-2 lommercial-RS Residential I
PR IResidential High Densit 10,500 s.f. or.24 acres
ame rint or pej Name (Print or Type)
Ebb Neilsen 11 Same
531 Elm Street Same
City cind State Zip Teleone City and State Zip ¶Ilèphone
Carlsbad, CA 92008 729-8955 Same.
I CERrIFY THAT I AM THE LEGAL OWNER WD I. CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT. ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT W THE BEST OF MY KNQEJEDGE. A),Q9ECT TO THE BEST OF MY KNOWLEDGE.
DATE 11/2783 E11/2/83
i../3 1.__________ DALe Ap icaLior1 Re&T StaffAsTgned "asp Nuther ., ...... '. .. ..
S.- __________ ...•. .Ss .\-t
FEE: $100
RECEIPT NO: jy'7I
ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I
(To Be Completed by APPLICANT)
CASE NO: =
DATE:
Applicant: Bob Nielson
Address of Applicant: 531 Elm S -I-,. . Carlsbad, Cal iforni 92008
Phone Number: (619 ) 434-1723
Name, address and phone number of person to be contacted (if otherthan
Applicant):
GENERAL INFORMATION:
Description of Project: A senior citizens apartment proj ect.of 18 dwelling
units, one and two story structures. 7 parking st-,11 s , a laundry/reeratinn
building, security building, security entran.ess nnd a spa.
Project Location/Address: South side of' Elm Strt an RoovltI-rt
in carlsbad, 3279 Roosevelt Street
Assessor Parcel Number: 204 - 081 -On
Zone of Subject Property: C-2
Proposed Use of Site: Residential high density -
List all other applicable applications related to this proj.ect: -
2. De,sqribe the activitrea, including distiguig natural and man--
made characteristics; also provide precise slope analysis when
appropriate.
N/A
3. Describe energy conservation measures incorporated into the design
and/or operation of the project.
All title 24 requirements
4. If residential, include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household size expected.
19 units, 350 sq. ft. per unit, rent not established, 1 per unit,
Senior Development
5. If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
N/A
6. If industrial, indicate type, estimated employment per shift, and
loading facilities.
N/A
7. If institutional, indicate the major function, estimated employment per
shift, estimated occupancy, loading facilities, and community benefits
tQ be derived from the project.
N/A .
ei
V
I. ENVIRONMENTAL IMPACT ANALYSIS
Answer the following questions by placing a check in the appropriate
space. (Discuss all items checked "yes". Attach additional sheets as
necessary.)
YES NO
1) Could the project significantly change present
land uses in the vicinity of the activity? X
2) Could the activity affect the use of a recreational
area, or area of important aesthetic value? X
3) Could the activity affect the functioning of an
established community or neighborhood? X
4) Could the activity result in the displacement of
community residents?-
5) Could the activity increase the number of low and
modest cost housing units in the city? X
6) - Could the activity decrease the number of low and
modest cost housing units in the city? X
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other x. parts of the county, state or nation?
8) Could the activity significantly affect an
historical or archaeological site or its settings?
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
10.) Does the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
11) Could, the activity significantly affect fish,
wildlife or plant life?
12) Are there any rare or endangered plant species
in the activity area?
'1) Could the activity change existing features of
any of the city's lagoons, bays, or tidelands?
14) Could the activity change existing features of
any of the city's beaches?
15) Could the activity result in the .erosion or
'elimination of agricultural lands?
X
X
X
16) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
meñt of already developed areas? X
X
X
X
X
-.-
• YES NO
17) Will the activity require a variance from
established environmental standards (air, water,
noise, etc.)? x
12) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state or x
federal environmental control agency?
19) Will the activity require issuance of a variance
or conditional use permit by the City? x
20) Will the activity involve the application, use, or
disposal of potentially hazardous materials? x
21) Will the activity involve construction of
facilities in a flood plain? VX
22) Will the activity involve construction of
facilities in the area of an active fault? V
V
23) Will the activity involve construction of
facilities on a slope of 25 percent or greater? X
24) Could the activity result in the generation of
significant amounts of noise? V X
25) Could the activity result in the generation of
significant amounts of dust?
26) Will the activity involve the burning of brush, V
trees, or other materials? - X
27) Could the activity result in a significant change . V
in the quality of any portion of the region's air
or water resources? (Should note surface, ground V
• water, off-shore.) X
28)V Will the project substantially increase fuel • V
consumption (electricity, Voil, natural gas, etc.)? V V V X
29) Will, there be a significant change to existing • V V
land form? VX
(a) Indicate estimated grading to be done in
• V cubic yards: 10 cubic yds.• V V
V (b)V Percentage of alteration to the present
V V land form: • 0 • V V
-
(c)" Maximum height of cut or fill slopes: V
0
30) Will the activity result in substantial increases
in the use of utilities, sewers, drainsor streets?
V : V
31) Is the activity carried out as part of a larger V
project or series of projects?
V
-4- - V V
II. STATEMENT OF NON-NIFICANT ENVIRONMENTAL EFFECTS *
If you have answered yes to one or more of the questions in Section
I but you think the activity will have-no significant environmental
effects, indicate your reasons below:
Senior citizens project in a redevelopment area.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.) *
Signature
A,
erson Completing Repor
Date Signed
7 1 /"L, /0' 1-(
FILING REQUIREMENTS
I. SPECIFIC REQUIREMENTS
• GeneralPian Amendment/Zone Change
1. Application Form '
2. General Requirement Items R-Q
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amendment $200.00 + $5.00 per lot or
acre. Zone Change: $500.00
Master Plan/Specific Plan/Precise Development Plan
1. Application Form
2. General Requirement Items:
- thirteen (13) copies of items A-D
- items E-Q
3. Fee: Master Plan $1,000 + $2.00 per/acre
Specific Plan $1,000.00
Master Plan Amendment: Minor $50.00 + 2.00 acre
Major $500.00 + 2.00 acre
Minor Planned Development (4 or less units)
1. Application Form
2. General Requirement Items:
- three (3) copies of items A-fl
- items K, L, 0, P, Q
3. Conversion to Condominiums - list of names and addresses of
all tenants of the units to be converted to condpminiurns.
4. Fee: $50.00 + $1.00 per unit
NOTE: Tentative Parcel Map Required
Site Development Plan
1. Application Form
2. General Requirement Items
- thirteen (13) copies of items A-fl
- items E-L, 0, P, 0
3. Fee: $350.00
Conditional Use Permit/Special Use Permit
1. Application Form
2. General Requirement Items:
- thirteen (13) copies of items A-D,
- items E-Q'(items M,N & 0 not required for Special 'Use
Permit)
3. Fee: $400.00
a
• Tentative Tract Map
1. Application Form
2. Thirteen (13) copies of the Tentative Tract Map
3. General Requirement Items
- thirteen (13) copies ofitems A-C
• - items E, G-K, M-R
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units) - $1,000 (100 + lots orunits)
• Extension: 11,2 of original fee
- Revision:
1/4 of tentative map and regular fee on
additional lots or acres.
• Major Planned 'Development (5 or more units)
• 1. Application Form
• 2. Genera' Requirement Items:
- thirteen (13) copies' of items A-D
-' items £-Q
3. conversion to Condominiums - list of names and
• ' addresses of all tenants of the project, proof of
•
notification of the tenants 60 days prior to filing
tentative map.
4. Fee: $200.00
$5.00 per unit for notification of tenants
NOTE: tentative Tract f4ap Required,
Variance
• 1. Application Form
• 2. General Requirement Items:
- thirteen (13) copies of item A
- items 5, G, 5, 3-N, I if applicable, and P
• ' (see Title 19. Environment)
• 3. Variance Supplemental Sheet
4. Fee: Single Family $100.00
Other - $250.00
Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the determination
request.
3. General Requirement Items:
- thirteen (13) copies of 'items A and D
- items U, K, and L. 4. Pee: $25.00
Administrative Variance
H 1. Appl.icatin' Form
• 2. General Requirement Items:
-' '(3) copies' of items A &D,iL applicable
- items G, II, 3-N, and P
3. .,Fee: $100.00
Major and Minor Redevelopment Permits
1. Application Form
2. GenCral Requirement Items:
thirteen (13) copies of Item A-O'
- items (Major) 5-N, P, R (if applicable) material
- ' samples.
- items' (Minor) E-H, 3-N, P, material samples
3. Fee. (Not established except where othei permit is necessary').
0
XI. GENERAL REQUIREMENTS S. One (1) copy of colored site plan (24"x36")
F. One (1) copy of colored elevations (24"x360 )
. Site Plan: Shall include the following information: One (1) copy each of 8 1/2"x11" site plan and elevations.
- Name and address of applicant, engineer and/or One (1) copy of8 1/2"xll" location map (suggested scal,e•
architect, etc. '• I .7 1:200" - vicinity maps on the site plan are not acceptable
- All easements I Environmental Impact Assessment Form ($100)
- Dimensioned locations of: • Public Facility Agreement: 2 copies: One (1) notorized
access, both pedestrian and vehicular, showing original, One (1) reproduced copy. -
service areas and points of'ingress and egress Disclosure Statement
off-street parking and loading areas showing L. Photostatic copy of deed with complete legal description of
location, number and typical dimension of spaces, subject property or other form of description acceptable to
and wheel stops. the Land Use Planning Manager.
- distances between buildings and/or structures M' Property Owners' List and Addre-ssed Stamped Envelopes
- building setbacks (front, rear and sides) - (Not needed for Site Development Plan, Special Use Permit
- location, height, and materials of walls and fenCes and Minor Condominium Permit) 1). a typewritten list of the
- location of freestanding signs names and addresses of all property owners and occupants
- all driveways to scale on adjacent and across the within a 300 foot radius Of subject property. The list
street properties for a distance of 100 feet beyond shall include the San Diego County Assessor's parcel number
the lfmits of subject site, from the latest assessment rolls. 2) Two separate sets of
- existing curbs, gutters, sidewalks and existing legal size, addressed stamped envelopes (four sets for
paving widths. within 100 feet on adjacent and across condominium conversions) of the property owners and
the street properties. occupants within a 300-foot radius of subject propertyor
- typical street section any address other than single family residence, apartme or
- any existing median islands within 100 feet of suite number must be included. DO NOT TYPE ASSESSOR'S
subject site. PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS
- nearest cross streets on both sides with plus or BLANK. 3) For Condominium Conversions, two separate sets of
minus distances from subject site. - addressed, stamped envelopes of all existing tenants is
- location of all buildings within 100 feet of subjeàt required.
properties. ,N 300 Foot Radius Map
- a vicinity map showing major cross streets 'V (Not needed for Site Development Plan, Special Use Permit
- a summary table indicating the following and Minor Condominium Permit). A map to scale not less than
information: 1" = 200' showing each lot within 300 feet of the exterior
site acreage boundaries of the subject property. Each of these lots
existing zone and land use ' shall be consecutively numbered and correspond with the pro-
proposed land use perty owner's list. The scale of the map may be reduced to
total building coverage a scale acceptable to the Land Use Planning Manager if the
building sq. footage required scale is impractical.
percent landscaping 0.' For residential projects within Vista, Encinitas or San
number of parking spaces . Dieghito School Districts, the applicant shall indicate
sq., footage of open/recreational . whether he prefers to dedicate land for school facilities,
space (if applicable) . to pay a fee in lieu thereof, or do a combination of th
cubic footage of storage space .. , If the applicant prefers to dedicate land, he shall su t
(if applicable) . the specific land,.
B.' Preliminary Grading and Drainage Plan* (24"x36")
- existing and proposed contours on the site and within
100 feet Of the boundaies of the site.
- elevations of the site
existing on-site trees; those to be removed and, those
to. be saved.-
C. Preliminary-Landscape and Irrigation Plan* (24"x36")
- lOcation of planting areas and typical plant materials
(quantity and size)
- lOcation of areas to be irrigated
For residential projects within the Carlsbad Unified School
District and the San Marco Unified.School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time 7 of need.
P Preliminary Title Report'
'Proof of sewer availability if located in the Leucadia
/ County Water District.
. Statement of agreement to waive tentative tract map time
limits. *NOTE: ALL EXHIBITS- MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2"x1l".
D. Building Elevations and Floor Plans* (24n x 36K)
floor plans with squarb footagéb included
- , location and 'size Of storage areas
all buildings, structures, walls and/or fences,'signs
and exterior lights. ' ' ,
LDUMAL INMMAT16N FORM
-w VARIANCE
1) Gross Acres (or square footage, if less than acre) :_10. 500 s .'f. or 24 acres
2) Zone' C-2
3) General Plan Land Use Designation CQmrnercial-RS
4) By law a Variance may be approved only if certain facts are found to exist.
Please read these requirements carefully and explain hose, tbe proposed
project meets each of these facts. Use additional sheets 'if necessary.
a) Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property Or class of use in the same vicinity
and zaie: w ii $ ins nmrl PT,n
[re additional 80tDaCXS as requira.
•Of the specification, these new set"
)r thd*surrouridinv land uses.This
on on
'thah'*is enjoyed by-tho surrounding uses.
4
b) Explain why such variance is necessary for the preservation and
enjoent of a substantial property right possessed by other property in
the same vicinity and zone but which is denied to the property in question:
The subject Property, is in a transition zone outlined in the .redevel-
ôpment, dé'ign'maittia1. The requested variances woula allow the
proiect to be in conformance with redevelOptnènt goals without
impOsina hardship on the project.
• '. c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
• inrovements in such vicinity and zaie in which tiie property, is located
The gránting of these variices would be in the best public 'wel-
fare by conf orming,to the communities need thr.hOusinin tbe
Redevelopment Area.
d) Explain why the granting of such variance Will, not adversely affect the
conprehsive general plan: The end result of the project would be
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure tht all of
the information is completed and accurate. If at anytime before
a final action on yo-ur application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the fullname.,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the prQperty which is
the subject of this application. Should one or more párties to
the application be a partnership or joint venture, then please:
state the full legal name of the partnership or joint venture,
Its legal address and the name and address of each individual
person who is a general and/or limited partner or memberof the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, cOrporate
number, date of incorporation or syndication, corporate orsyn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
- - -.-
If after the intormation _------
U .further jf0atjQfl is required, you will be so advised..
APPLICANT: . Robert Neilsen .
Name (individual, partnership,. joint Venture, corporation.,. syndication)
531 Elm Avenue Carlsbad.-CA -9200&
Business Address . . ..
434-1723
Telephone Number . .. . ....
AGENT: 4 Design (ICennith L Chriss) --
Name
P'. 0. Box 240; Carlsbad,' 'CA 92008
Business Address •. 0 . . 0 0
729-8955
Telephone Number
0 . : ,. . •, •'':'
•" '
Name (individual, partner, Join-t'. Kome Address
venture, corporation, syndication)
0 • : 0
:
'
., 0• Business Address .
Telephone Number Telephone Nter
Home Address Tame
Business Address
Telephone'Number elepnore Nt.mber
0 . . (Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis- 0
closure is true and correct and that it will remain true and correct and may be"
relied 'upon as being true and correct until amended.
0 0
7- Ajet, th:ner, Parnr 0 0
0
-.;
S
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: $ No fee
4.
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.,2
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 4111 day ofNfly,mh._, 19 83
by and between
Henry A. Thomas
(Name of Developer)
a individual , hereinafter referred to a.s
(Corporation, partnership, etc.)
"Developer" whose address is
26901 Calle Hermoa
(Street)
Capistrano Beach, CA 92624
(City, State, Zip Code)
and Robert L. Nie1sn,Susan J. Bnnhjp Jeffrey B1anknhipVirginia C.
(Name of Legal Owner) Harris
a individual , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
531 Elm Street
(Street)
Carlsbad, CA 92008
(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.
ft RECITALS ft
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and.
hereinafter referred to as "Property"; and
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:
Residential project
on said Property, which development carries the proposed name of
Roosevelt Senior Citizens Project
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 4th day of November
1983 , with the City a request for Redevelopment project
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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
re5ulting from the proposed Development.; and - -
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WHEREAS, Developer and Owner have asked the Cit y to find th a t
public facilities and services will be available to meet the future
needs of the 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
Owner propose to help satisfy the General Plan as implemented by
Council Pol-icy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2% 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 and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an moiint not to exceed. 2Z
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 mobilehome sites or
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projects, shall not refer to grading permits or other permits-- ermits for the
construction of underground orstreet improvements unless no other
permit is necessary prior to the use or occupan:cy for which the -
development is intended. Developer and Owner shall pay to-City a
public facilities fee in the sum of $1,150 for each mobilehome space
to be constructed pursuant to the Request. The fee shall be paid -
prior to the issuance of building or other constructio.n 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 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
offers 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 include improvements
required pursuant to Titles 18 or 20 of the Carlsbad Municipal C-ode. -
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 is-sued
until the public facilities fee required by this agreement is paid.
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ft ON
4. City agrees to deposit the fees paid pursuant to this
agreementin 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 assu.rances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities andservices
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.
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 followin manners:
7.1 If notice is given to the City of personal delivery
/
thereof to the City or by depositing same in the United States Mail,
addressed to tie 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
Nail, enclo-sed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
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8. This agreement shall be binding upon and shall inure 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 herein shall be deemed to be reference to and include their
respective successors and assigns without specific mention of Such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, 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 writing in a form acceptable to
City.
9. This agreement shall be recorded.but shall not create a lien
or security interest on the Property. When the obligationsof this
agreement have been satisfied, City shall record a release.
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POOR
QUALITY
ORIGINAL (S)
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WITNESSWHEREOF I this agreement is executed in San Diego
California as of the date first written above.
• RAUTENKRANZ
DEVELOPER:
Henr • Thomas
BY
TITLE
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
AS TO FORM:
• BIONDO, JR.,
rtey
crATE Or AizOt'A
COUNTY OF MARICOpA
Th! inst e - :C -'.-C fe me this Aay o
c:ei
NOTARY PUBLIC
My CommIssipn Expires May 9, 188
acknowledgement of execution by DEVELOPER and OWNER must be
—7-
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 27, 28 and 29 in block 31-in thetowne of Carlsbad, County of
San Diego, State of California, according to map thereof No. 535.
f7L4ND T1E
INSURANCE COMPANY
A subsidiary of 1uyers Title 1nsurnce (rporDon
.1 n.iMu
1OLJRTH AVENUE
SAN DIEGO. CALIFORNIA 92101
PHONE 234.7192
PRELIMINARY REPORT
• Mitsubishi Bank
• 840 Elm Avenue
• Carlsbad, California 92008
Attention'._Mary Peters
YOUR REF: 10-423
OUR NO: 348478—B
Dated as of August 18, g 83
In response to your application for a policy of title insurance, LAND TITLE INSURANCE COMPANY
reports that it Is prepared to issue, or cause to be issued, as of the date hereof, a
[J California Land Title Association Standard Coverage form, or an
o American Land Title Association Loan form, or an
O American Land Title Association Owner's form
(as Indicated by box checked above)
Policy of Title Insurance of LAND TITLE INSURANCE COMPANY and LAWYERS TITLE INSURANCE
CORPORATION, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustaned by reason of any defect, lien or encumbrance not shown or referred to as an
Lception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipula-
tions of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A PEE.
Title to said estate or interest at the date hereof is vested in:
ROBERT L. NIELSEN, An Unmarried Man as to an undivided 20% interest and JEFFREY
BLANKENSHIP AND SUSAN J. BLANKENSHIP, Husband and Wife as Community Property,, as to an
undivided 40% interest and VIRGINIA H. HARRIS, A Widow, as to an undivided 40% interest.
The land referred to In this report is described as follows:
Lots 27, 28 and 29 in Block 31 of Town of Carlsbad, in the City of Carlsbad, County
of San Diego, State of California, according to the Map thereof No. 535, filedin the
Office of the County Recorder of San Diego County, May 2, 1888.
403 (liv. siioi
F
C .y,vt eAr
Your Ref.: 10-423 5fr
Our No.: 348478-B Page 2
4 1J
7G7Z-2
At the date hereof Exceptions to coverage in addition to theprinted
exceptions and exclusions contained in said policy form WOU16 be as
follqs:
1. Secured prcperty taxes, a lien not yet payable, for the fiscal year
1983-1984.
2. The lien of supplemental taxes, if any, assessed pursuant, to the
provisions of Chapter 498, Statutes of 1983 of the State of California.
3. 'A deed of trust dated March 5, 1980, to secure an indebtedness of
$57,000.00, recorded May 7, 1980 as File No. 80-152798.
Trustor: Rthert L. Nielsen, an unmarried man and Jeffrey Blankenship
and Susan J. Blankenship, husband and wife and Virginia H. Harris, a
widow.
Trustee: Irvine Escrow Co., a California corporation.
Beneficiary: Joseph A. Trejo and Manuela Preciade.
By instrument recorded June 17, 1982 as File No. '82-186058, Safeco Title
Insurance Ca,any a California corporation was substituted as trustee
under the terms oé said deed of trust.
4. A deed of trust dated April 22, 1983, to secure an indebtedness of
$60,000.00, recorded May 26, 1983 as File No. 83-175396.
Trustor: Jeffrey Blankenship and Susan J. Blankenship, husband and wife
A as to an undivided 40% interest, Virginia C. Harris, a widow, as to' an
undivided 40% interest, and Robert L. Nielsen, an unmarried, man, as to
'1 I an undivided 20% interest.
Trustee: La Casa Trust Deed Service, a California corporation'.
L/
Beneficiary: Regina Ufflnan O'Neill, a married wanan, as her sole and
separate prcperty.
By assignment recorded May 26, 1983 as File No. 83-175397, Francis J.
O'Neill, husband of the assignee, assigned his interest in the
beneficial interest of said deed of trust to Regina Ufflanan O'Neill, a
married wanan as her sole and separate property.
5. A Certificate of Tax Lien by the San Diego County Tax Collector for
delinquent unsecured prcperty taxes against Jeffrey and Susan J.
Blankenship, for the year 1982, Account No. 809805, in the amount of
$122.21, recorded June 2, 1983 as File No. 83-184712.
6. 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.
The name search necessary to ascertain the existence of such matters has
not been canpieted and requires a statement of identity fran Rthert L.
Nielsen and Jeffrey Blankenship in order to caTlete this report.
)TE 1: It is our understanding that instruments to cane, will, upon
recording, vest title in Henry H. Thanas.
-. .:
•• L:]
Your Ref.:. 10-423
Our No.: 348478-B Page 3
NOTE 2: The short tenn rate will apply to the premium for the policy of
title insurance to be issued.
NOTE 3: For your information, there will be a $2.89 darge, for assess-
nent search.
Note 4: The vestee shown above acquired title to said prcperty by
ãcinent recorded prior to March i t 1982.
NOTE 5: Fiscal Year 1982-1983 Secured Prcperty Tax Information
Parcel No.: 204-081-08
Valuations:
Land: $20,400.00
First Installment: $123.90 Paid
Second Installment: $123.90 Paid
Parcel No.: 204-081-09
Valuations:
Land: $20,400.00
Improvnents: $15,300.00
First Installment: $209.60 Paid
Second Installment: $209.60 Paid
Parcel No.: 204-081-10
Valuations:
Land: $20,400.00
First Installment: $123.90 Paid
Second Installment: $123.90 Paid
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