HomeMy WebLinkAboutSDP 85-08A; KUBOTA; Site Development Plan (SDP)City of Carlsbad
2075 Las Palmas Drive
Cadsb'ad, CA 92009
(619) 438-1161
Fee •
PLANNING DEPARTMENT S.D.P. 85 -8 -A
U~.S. 748)
SITE DEVELOPMENT PLAN
AfY"lY\J mtJl\/{.
Complete Description of Project (attach additional sheets if necessary)
Two-Story Professional Office Building, Parking Areas, Site Landscaping
(PHASE II) of S.D.P. 85-8
Location of Project
2575 & 2585 Pio Pico Drive
Legal Description (complete)
Parcel A -P.M. NO-. 720, Recorded January 20, 1972
and Portion of Frontage Road, per Relinq~ishment Map N2 19046,
File N2 69239 and dated March 23, 1972
Local Facility Management Zone
ONE (1)
• Zone General Plan
Proposed Zone Proposed General Plan
Owner
Name
Jack Y. & Patrici
Mailing Address
P.O. Box 1095
City and State Zip Telephone
Carlsbad, CA 92008 729-1194
Assessors Parcel Number
156-120-61
Existing Land Use
One -Two Story Office Building
Site Acreage
0.48 acres
Applicant
(Print or Type)
as owner)
City and State Zip Telephone
\ I CERTIFY THAT I AM THE LEGAL OWNER
\
AND THAT AL THE ABOVE INFORMATION
\
IS TRUE AND C RRECT tJi0 TH BEST OF
MY KNOWLE GE.
\ Jack Y. Kub t _ tj. i &/& 8
I CERTIFY THAT I AM THE OWNER'S
REPRESENTATIVE AND THAT ALL
THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
ISIGNATURE (j DAT' -, SIGNATURE DATE
?atricia R. Kubota:
~te Application Rec'd Received By Fees Received Receipt No.
)JECT NUMBER (S)
• ,.
CHtCAGO TITt..E COMPANY
1301 11"11 Avenue, San Diego, Californi.a 92101
(619) ll2-40;\1
.lACY< l<UBO"rA
2585 PIO PICO ml tV!
CARI.SBAD. CAUFOR~IA
Attention:
PlELIHINAltY REPORt
Your Ref:
Our No: 101462-03
In response to tne above referenced application for a policy of title
"Insurance Chicago Title Company hereby reports tMt 1t 18 prepared to hrn.te,
ot' cause to he issued, as of the date hereof, a Policy or PoHcies of Title
Insurance deBcrtbin~ the land and the estate or interest therein hereinafter
set forth, In3urin~ against 109s which may be sustained by reason of any
defect t Hen or encumbrance not .""own 01" referred to as an Elfception bttl.ow or
not exelueied from coverage pursuant to the r>r1nted ~chedules. Contiitions and
Stipulations of said PolIcy forms.
Thf.l printed Exception!!! and 'P.XciU8iof'l9 from the coverage of said PoHey or
Policies; are set fortl'l tn txhlbtt A attached. Coph!$ of the Policy foms
should 1:-e read. They t'lre available from the offiee which issued this rer>ort.
'!'his rer>ort (and any 8u9plements or a'l'u!ndtllents thereto) is issued 801ely for
the purpose of facilitating the issuance of a poliey of title insurance and no
liabUity h assumed hereby. If it is desired that liability be as8umed prior
to the hStlance of e poliey 'Of title insurance, a 1\1nl1er or Comtllitment should
be requested.
Th~ form of policy of title insurance contemplated bv this report i8t
California l.an." Tit Ie .bsociation -Stantfarrl C()verage Policv
,..
Order !'~o. 701462-(')3
1. The estate or :lnUrlut in tl-e land her·efnafter described or refet'rttd to
covered bv this report is:
2. Title to 'aid estate or interest at the date her~of is vested in:
JAC"t Y. 'Ktn~OTA AND ~ATRICIA R. T<lll\OTA.
husband and wife. as ,'otnt tenants
'3. The land referred to in thh rep-Ot"t 16 dtuated in the Sute of Cali-
fornia, County of San 1'He~o. and is descdbed ~a follows c
PAltCEL As
101462-03
mz.:scYt InION
Parcel A, in the City of Carlsbad, Cbunty of San J')ie~o, State of California,
as shown at Page 110 of Parcel ~pa. fUed in the Off tee of t'he County
~ec()rder 1)f San nie!(o County. January ao, 1972.
That portion of the Prontage 'Road (also known as Pio 'Pico '!)rive). 11er
relinquhhment "Tap r:ro. 1<)046. file "10. 69219, dated March 23, 1972, d.IJcrlbeti
as follows:
Be~inning at the Southwest f:orner 0' 'arcel "AIf, tuJ sho~"l'\ on Parcel Map 120,
rftcorded in the Office of the Recorder of San t)!e~o County, State of
California. ()1\ ,January 1.0, 1972, '11. No. 15655; thence ~l()uth 21 § 40' 16" li:aat
along the ~utet'ly d~ht of way ant:! acee_s control Une of Sut. Highway 11-
Sn-5 (Interstate'; 'Freeway) a dittance of 254.93 feet; thence continuing along
nid right of _ay and access control 11ne South 26. 17 t 40" East 9~. 70 feet,
to the b<9g1nnin.~ point of a non-tlutgent 92~. S4 foot radius curve coneave
Easterly, a radial line to uid 1)oint bearing, North 641 52' 36" East; thence
Northerly all)n~ add curve ?'9~.1l 'f.iet, thro~gb It central angle of 1M 22' ,:;W
to the Southessterly corner of aforementioned Parcel "A", 'f)areel Hal' no;
thenee North ~9§ 2!l' 431t \le.tlO.~4 feet; the nee ~Torth 'US 27' "4·' tleat 23.59
feet; thence North l:)$~ 29' 22" H'est 39.49 feet to the Point of Yieginning.
Order No. 101462-1')1
Schedule n
Page 1
At the date hereof eltceptions to coveuge in addition to the printed
!xceptions and Exeluaions 1.11 the poUey fort'S designate" on t'he faee page of
this ~eport would be 3S follows:
1. Property ta,u~s, ineludin11, any IUUU~58ments eolleeted ,nth taxes, to be
levied for the fiscal year 19M-l~89 which are a lien not yet payable.
2. The Uen of SuppleMental 'ra1(es. if any, assessed pUl"Iuant to the
pTovisions of Chapter '.5 (commencing vith SecHon 75) of the 'Revenue and
Taxation Code of the ~tate of California.
3. An ea~.ent for t.he purpose shown below and rights incidental thereto as
eet forth in III document
~ranted tot County ofSl'Q1'\ ntego
Purpose: PubUC! 'hl!{hway
Recorded: April 30, 1931 in Rook 1869. Page 460, Offlelal ~eC!ord$
Affeetu The route thereof affecta a portion of Pareel A herein
de9crihed as (ru)re fully deseribed tn said doc~ent.
4. An ease.'l!tent for the purpo1te shown below and d~bu incidental thereto as
set fortb in a document
Granud to I County of San Diego
Purpo3e: Puhlic highway
R.eeordedl :\pdl 26t 1~31 in Rook 18B1, Page 221. Official 'Recorde
The route thereof affecte a portion of Pareel n herein
deaeribed aa more fully de3C!ribed in said document.
5. An e,uletaent for the purpose shown below and rl.l;hts ineidental thereto aa
set forth 1n a doeu~ent
Cranted to: City of Carlsbad
'PurpOflt'!' Sewer 1 ine
Recorded: November 21, 1910 as ~ile No. '.11613. Offieial Records
Affects: The route thereof affects a portion of herein described .s
more fully descdbed in said document.
6. "'e fact th$t the ownership of said land does flot betttde rights of access
to or from the street or highway abutting said land, such rights having been
$evered from said land by tne document.
Recorded l ~~ay 26. 1~12as 'fI'11e ~To. 134249, Offiela1 ~ecord9
Affects : Said lanri
7. An eaae1llent for the purpose shown below and rights incidental thereto ali'
set forth in a document
Granted t.o:
'Purpose t
San n1e~o Cas & Electric Company
PubHe utiHtie8. ln~relUJ and egress
Order ~. 101462-03
Schedule 1!,
'Page 2
The t"t.)ute thereof afteeta at portion of aatd land as 1'IIOre
fully deaeribed 1.n said document
Restt'iet tons on the u$e, hy the owners of aaid land, of the e$!!u!ment area as
provided in the doeument referred to above.
~. Covenanta, conditions &nd restTlctions (deleting therefrom any
restrieti.ons based on race, color or creed) as set: forth in the document
Reeor~ed f ~lar<::.h 16, 1987 a8 PUe No. 81-132658. Official 'Records
Among other thit\3s. said document ~rovtde8 fort
A non-exeludve eat'lt~mE!nt for 11'u~rea. and egress to Parcel "2" of the Property
over all that portion of Parcel A, in the City of Carlsbad. County of San
'I'H.ego t ~Ute of California, accordin"i to Parcel ~ap 720, filed January 10,
191'2. in the Office of the County ~Qcorder of add County t ..Jeacdbed as
follow-at
A strip of land 20 • .,0 feet in width. lying to.Of) feet on each dde and
pftul1el with the followin~ rlescrlbed centerline;
Be~innln~ at the Northeaat corner of said Pareel AJ thence alon~ the ~~aterly
Hne of 9dd Parcel A, Sou tn 011 58 t 30" lle!!lt. 72.47 feet to a Q29.54-foot
radius curve. concave EI!$ted.y; thence eontinuing a1Qn~ sdd Easterly Une
dong sdt! curve thrOll$;h ill central angle of aU 03 t 59" an arc dbtanee of
11.30 feet to the True Point of Pegin:rd.n~H tnence deTl~'lrting frOtn said Eaater1~
line, North et)§ 21' 23" trest, 43.88 feet; thence North 2U 40' it;n TrTe8t. 97.01
feet to the point of terminus, aald point lying on the l'!orthet'ly line of satd
Parcel A.
The sidelines of said strip of land shall be lenf,thened or shortened to meet
!'it angle points and 9h.H begin on said Easterly line of edd Parcel A and
~han end on said Northerly Une of said Pareel A.
Together vith the payment for maintenance and Improvements of said road.
Said eage~ent has been conveyed andlor reserved in variouA other instruments
of record.
A deed
anv other
Amount:
Dated:
'1'r\uatorJ
of trust to 8eeure an indebtednetulin t1'>e amount shown below, and
obligations secured thereby
$180,000.00
June S, 1981
Jack Y. R:ubota and 'atrich ~. Kubota,
husbsnd and wife
tC\uitshle t'C!en Company *
~enefieiaryt
a California corporation
~eeur.lt~ Pacific National Sank
8. national banking association
Recorded: June 25. 1987 as FUe No. 3544:11. Official itecor~.
---~----
Order No. 101462-03
~ehedule B
Pa~e :}
-----------------------
10. An assigru!lent of all the moneys due. or to become due as rental, al
additional security for the obligations secured by deed of trust
~ecorded t June 25. 1981 as ,Ue No. 67-)54431 t (lfficia]. Reeords
~.s8igned to: Security PeciHc National Bank
By As. i~1t1Mnt
Recorded:
~otE )~. 1: Property taxes for the fiscal yesI' sho~ below are paid. For
proration pur~oses the amounts are:
Fiscal year 1981-1988
1st tneullment:
2nd Ins tal1ment 1
Ro~eowners Exemption:
Land:
!AproveUle.nts t
Personal Provertys
Code Area:
Assessment No:
$1,147.38
$1,747.3S
None
$92.598.00
$240,000.00
None
00000
1-;6-12t)-61
"ton: NO.2: Supplemental ta:l(es assessed pursuant to the provtaiona of Chapter
3.5 (conttl'lencin?, with ~ect:f.on 75) of the Revenue and Ta'Kstion Code of t.he State
of California for the Haed year shown beloll are paid. VOl' proration
purposes th~ amounts are:
Fiscal year: 198~-1987.
lst Installf!H!nt:
2nd !nstallment:
Aasessment No:
cr/jla
$642.96
$642.96
~69-o23-46-S6
.:::
..
. :.
156-12
"
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~ UWfdle this plat is believed to
be correct, the company assumes
no liability for any loss
oc~uring by reason of reliance
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MAP 17jC~ -LAGUNA MESA TC T.
5EC.31-Til S -R4 W-POR.SW 1/4
s£r.· 6 -TI2C'..-Rii W -POR'. NW 1/4 s,,. DIEGO COUNT" ~ 0 ~II~ ASS1SSOfrS MAP
8K.'IS6 PC..12
MAPPED FOfI .A.SSESSM£NT PUR-POS£S ONLY
~mp~t~t~ ~h is pla~ is not a ~urvey. I t is RCb~e~trJr~sbed as a conveni e~e t o locate
t :-t8 l and i ll r el ation t o adjoining str eets and other
l ands[.U1d no t t o guarantee any d im'ensions .
'distances . bearing s. or acr~age. " , ___ ~ ~ ~ _ ~ _ :::.:-== _ . ~~.:~,.-..~-. :'':'~~~-'.':::'''~.'''C?''; -:-_:.~ ~_:~~:~~ .~:,~.' :_=_:'_~~'~~:. -__ "'::-_' __ ':-=.~ ~: _ .~~_ n_-~:.:;.~._=_.~ ~ ;;t-.y~:-~~~:. q;
J -
PRELIMINARY REPORT
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 (Amended 12-6-85 and 2-20-86)
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 1
I. 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 notices of such 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 persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 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 water-
ways, but nothing in this paragraph shall modify or limit the extent
to which the ordinary right of an abutting owner for access to a physical-
ly open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not
limited to building and zoning ordinances) restricting or regulating 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 change in the dimensions or area of the land or any 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, or-
dinance or governmental regulation, whether or not shown by the public
records at Date of Policy.
8. Rights of eminent domain or governmental rights of police power
unless notice of the exercise of such rights appears in the public records.
9. Defects, liens, encumbrances, 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 clai-
mant; (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 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 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.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the exceptions in Schedule B. you are not insured against loss, costs. attorney's fees and expenses resulting from:
I. 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 the violations or the enforcement of these matters which appear in the public records at 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 exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
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
Covered Title Risks
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. or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
F 2688-03 (6-1-87)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATiON LEASEHOLD LOAN POLICY (6-1-87)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ing, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) 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 or was a part; or (iv) environmental protection, or the effect of any violation of these 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 affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded 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:
(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 to the 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 or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at 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 insured mortgage
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability
or failure of any subsequent 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, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising 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 proceeds of the indebtedness secured by the insured mortgage which at Date
of Policy the insured has advanced or is obligated to advance.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
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:
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 notices of such 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 persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not showh 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 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.
e e @)
, . •
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ing, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) 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 or was a part; or (iv) environmental protection, or the effect of any violation of these 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 affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded 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:
(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 to the 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; 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.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
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:
I. 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 notices of such 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 persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 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.
--~.-=-~~----~----... --sew" _ ;: , LA. 1 ,1_; W,
"" '-1Q88 ~J ~ ... ! L~ -\oj V
WOODSIDE-KUBOTA & ASSOC. CONSULTiNG ENGINEERS
CARLSBAD
\
" -.
/).<1!'~~1"<ii;:;:'F'": i"~;,;'-::~,
[
CITY OF CARLSBAD SDP
1200 ELM A'ENUE CARLSBAD, CALIFORNIA~fJ2008 ,.'
438·5621 '
ACCOUNT NO. DESCRIPTION
f'
RECEIPT NO. 7'712 TOTAL
AMOUNT'
I , ,
I .
• DISCLOSURE FORM
Z-/<J:.u Jt/~8
S.D.P. 85-8-A
(M. S. 748)
APPLICANT: Jack Y. & Patricia R. Kubota
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
P. O. Box 1095, Carlsbad, CA 92008
Business Address
( 619) 729-1194
Telephone Number
William Booth
Name
P. O. Box 4951, Oceanside, CA 92054
Business Address
(619) 940-8700
Telephone Number
N/A ~ ft
Name (individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the informa~j.oA-."contained in this diS'clos~urre
is trl;'e and correct and tha~ it will remain true and/ corr~ct an~ ~~}_reJ/ed up n
as being true and correct untIl amended. (i~ ~rI-1,7, W
Jack Y. Kubota:~ ,
_#~ '7-_ ~.. ./ /J -4--;?-L-/'# £Z £6 //
Patricia R. Kubota:( a~., ,j ,/Li:tr/d y",};fI
APPLIC T
BY
r ,t, '.' " . • ''''' ..
. RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
)
)
)
t:.OP-!
CITY Cf CAR lSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above tnis line for Recorder's use
Documentary transfer tax: $21.00
Signature of declarant determining
tax -fi rm name t
Ci ty of Carl sbad
Parcel No. 156-120---~~~------------------------
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY Cf CAR LSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tni s 10th day of _J_u .... ly'--___ , 19 87
by ·and between Jack Y. Kubota and Patricia R. Kubota
(name of developer-owner)
~ individuals, as joint tenants
(Corporation, partnership, etc.)
, herei nafter referred to as
"Developer" Whose ~dress is P.O. Box 1095
--------~(-s~tr-e-e~t~)----------------------------
Carlsbad, CA 92008 and THE CITY CF ---~(~C"i~ty-,--s~t-at~e-,--z~ip--c-o~de-)~---------------------------
CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose ~dress is 1200 Elm Avenue, Carlsbad, ,~aliforn;a,
92008.
WIT N E SSE T H:
WHEREAS, Developer is the owner of tne real property described on ..... .
EXhibit "A":, attached hereto and made a part of tnis agreement, hereinafter
referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
rofessional office com lex; one buildin alread constructed 2585 Pia Pica Drive) and
a second building 2575 Pio Pica Drive to be constructed on the new Parcel 2.
REV 4-22-86
(j)
• ~ 1
on said Property, wnich development carries the proposed name of -------
Parcel 2, Parcel Map No.
and is hereafter referred to as IIOevelopment"; and
WHEREAS, Developer fil ed on tne 10th day of July ------------------19~t with the City a request for a minor subdivision of land
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 ;s "
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated April 22, 1986, 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 ~ditional need for public
facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet the future needs of the Development as
it is presently rroposed; but the Developer is aware"tnat the City cannot and
" will not be able to make any SUCh finding without financ; al assistance to pay
for such services and facilities; and therefore, Developer proposes to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee.
NC1tJ, Tt£REFORE, in consideration of the recitals and the covenants
contained nerein, tne parties agree as follows:
-2-
REV 4-22-86
, , ,
1. Tne Developer snall pay to tne City a public facilities fee in an
amount not to exceed 2.5% of tne building permit valuation of tne building or
structures to be constructed in tne Development pursuant to tne Request. Tne
fee snall be paid prior to tne issuance of building or otner construction
permits for tne development and snall be based on tne valuation at tnat time.
Tnis fee snall be in a:1dition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer snall
pay a fee for conversion of existing building 'or structures into condominiums in
an amount not to exceed 2.5% of tne building permit valuation at tne time of
conversion. Tne fee for a condominium conversion shall be paid prior to tne
issuance of a condominium conversion permit as provided in Chapter 21.47 of tne
Carlsbad Municipal Code. Condominium shall include community apartment or stock
cooperative. Tne terms "other construction permits", "other construction
permitll and lIentitlement for use" as used in this agreement, except in reference
to mobilenome sites or projects, snall not refer to grading permits or otner
permits for the construction of underground or street improvements unlass' no
other permit is necessary prior to tne use or occupancy for whicn the
development ;s intended. Developer Shall pay the City a public facilities fee
in the sum of $I ,150 for eaCh roobil enome space to be constructed pursuant to the
Request. The fee Shall be paid prior to tne issuance of building or otner
construct ion permits for the development. Tni s fee snall be in a:1d.it ion to any
fees, dedications or improvements required according to Titles 18, 20 or 21 of
the Carlsbad Municip"al Code.
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
-3-
REV 4-22-86
, ','
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and cJTlount of cred i t agai nst the fee Shall be determi ned
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 th i s paragraph Shall not inc 1 ude improvements requi red pursuant to Titl es
18 or 20 of the Carlsbad MuniCipal Code.
3. This agreement and the fee paid pUrsuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herei n, the City will not have the fund s to provide
public facilities and services, and the development will not be consistent with
tne General Pl an and any approval or permi t for the Development Shall be void.
No building or other construction permit or entitlement for use Shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to thi s agreement in
a public facilities fund for the financing of public facilities When the City
Council determines the need exists to provide tne facilities and sufficient
funds from the payment of this and similar public facilities fees are
avai 1 ab 1 e.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply with any requirements of other_.pupl;c agencies as, evidence
of adequate public facilities and services sufficient to accommodate the needs
of the Development herein described.
6. All obligations hereunder Shall terminate in the event the Requests
made by Developer are not approved. .~ "I •
-4-
REV 4-22-86
j. ".
7. Any notice from one party to tne otner snall be in writing, and
shall be dated and signed by tne party giving SUCh notice or by a duly
authorized representative of SUCh party. Any SUCh notice snall'not be effective
for any purpose wnatsoever unless served in one of tne following 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, ajdressed to tne City
at the ajdress set forth herein, enclosed in a'sealed envelope, ajdressed to tne
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 ajdress as may have been
desi gnated, postage prepaid and cert ifi ed.
8. Tni s agreement Shall be bi nd i ng upon and Shall ensure to the
benefit of, and snall apply to, the respect ive successors and ass; gns of
Developer and the City, and references to Developer or City herein snall be
deemed to be reference to and include their respective successors and assi 9ns
without specific mention of SUCh successors and assigns. If Developer Should
'cease to have any interest in the Property, ~l obligations of Developer
hereunder Shall term; nate; provided, nowever, tnat any successor of Developer's
interest in the property Shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement Shall be recorded but snall not create a lien or
security interest in the Property. When the obligations of tnis agreement have
been satisfied, City Shall record a release. .~ ~ .
-5-
REV 4-22-86
I
f
./
" ,
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
JACK Y. KUBOTA AND PATRICIA R .
. ( e)
nIlTn""T II n VllnflTII
STATE OF CALIFORNIA ... }
COUNTY O~ Y"\ 1) 1~ SS.
CITY OF CARLSBAD, a municipal
corporation of the
State of Cal i fornia
,. By
nMTAR~T~I~N~O~R~E~NvYAnK~---------
For F. D. Aleshire,
City Manager
On ~~ \ ~JJ (} ~"1 ,before me, the undersigne~, a ~otary Public in and for said State, personally appeared
'-'O-C\( u. ¥u. \.:-(sic;.. O-M 90..-\-0 c..\a.. R· kv..\:xtic.. ,
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _~Q...e.J(~~ _______ _
subscribed t~ the within Instrument and acknowledged that ±N'1 executed the same.
WITNESS my hand and official seal.
(Seal)
023200 \l-B2* 25 Individual Notarial ACknOwledgrn';nt
vINCENT F. BIONDO, JR.,
City Attorney
(Notarial ackno~ledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 4-22-86
'. EXHIBIT HAlt
LEGAL CESCR IPTION
PARCEL NO. 2 OF PARCEL MAP NO. ____ , FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
ON __________ , 1987, AS FILE NO. ___ _
PRP 8605
C-663398
,
... ~ .
()
• f .... '. .~.... • ~ •
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA .( name)
BY ---------------------------------------------------
JACK Y. KUBOTA
BY _________________________________ _
PATRICIA R. KUBOTA
ATTEST:
ACETHA L. RAOTENKRANZ, Clty Clerk
APPROVED AS TO FORM:
VINCENT F. BIoNDO, JR.,
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the
State of California
,. By
nMA~R~T~I~N~O~R~E~Ny~A~Kr------------
For F. O. Aleshire,
City Manager
(Notarf~l acknowledgement of execution by DEVELOPER-OWNER must be attached.)
"' ..
-6-
REV 4-22-86
.'.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY CF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
\\ c.PPy ~
O!U6. tAl t:J,t:::.,c:2c& oC-
CI ry G"'A..I6~....J ~7t..-
r:::r/a-jJ -/..I. $ • 748
Space above tnis line for Recorder's use
Documentary transfer tax: $21.00
Signature of declarant determining
tax -fi rm name t
City of Carl sbad
Parcel No. 156-120-~~~~-----------------------
AGREEMENT BETWEEN CIVELOPER-OWNER
AND THE CITY Cf CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tn;s 10th day of --.::.;Ju:...:l.;LY ___ ' 19 87
by ·and between Jack Y. Kubota and Patri ci a R. Kubota
(name of developer-owner)
~ , here; nafter referred to as --~~~~~~~~~~~~~-------
"Developer" wnose Ck:Idress is P.O. Box 1095 --~~~T(~st~r~e~et~)r------------------------
Carlsbad, CA 92008 and THE CITY CF
(City, state, zip code)
CARLSBAD, a municipal corporation of tne State of California, nereinafter
referred to as "City", whose ~dress is 1200 Elm Avenue, Carl sbad, .~al iforn; a,
92008.
WIT N E SSE T H:
WHEREAS, Developer is the owner of tne real property described on ..... \
Exnibit ItA":, attacned hereto and made a part of tnis agreement, hereinafter
referred to as "Property"; and
WHEREAS, Tne Property lies witnin tne boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
rofessional office complex; one buildin alread constructed 2585 Pio Pico Drive) and
a second building 2575 Pio Pico Drive to be constructed on the new Parcel 2.
REV 4-22-86
(f)
on said Property. wnicn development carries the proposed name of ------
Parcel 2, Parcel Map No.
and is hereafter referred to as "Development"; and
WHEREAS. Develooer fil ed on tne 10th day of July ------------------19~, witn tne City a request for a minor subdivision of land
hereinafter referred to as "Request"; and
WHEREAS, tne Public Facilities Element of the City General Plan
requires that the City, Council find that all publ ic facil ities necessary to
serve a development will be available concurrent witn need or SUCh development
Shall not be approved (said element is on file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated April 22, 1986, 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 a:lditional need for public
facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and serv ices wi 11 be avai 1 ab 1 e to meet the future need s of the Development as
it is presently Jroposed; but the Developer is aware'tnat the City cannot and
",
will not be able to make any SUCh finding without financial assistance to pay
for SUCh services and facilities; and therefore, Developer proposes to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee. .~ ~ .
Na.I, THEREFORE, in consideration of the recitals and tne covenants
contai ned herei n, the part i es agree as fa 11 ows:
-2-
REV 4-22-86
, , ,
1. Tne Developer snall pay to tne City a public facilities fee in an
amount not to exceed 2.5% of tne building permit valuation of tne building or
structures to be constructed in tne Development pursuant to tne Request. Tne
fee snall be paid prior to the issuance of building or otner construction
permits for the development and snall be based on tne valuation at tnat time.
This fee Shall be in a:1dition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer Shall
pay a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 2.5% of tne building permit valuation at tne time of
conversion. Tne fee for a condominium conversion Shall be paid prior to the
issuance of a condominium conversion permit as provided in Chapter 21.47 of tne
Carlsbad Municipal Code. Condominium snall include community apartment or stock
cooperative. The terms "otner construction permits", "other construction
permit .. and "entitlement for use" as used in tnis agreement, except in reference
to mobilenome sites or projects, Shall not refer to grading permits or otner
permits for tne construction of underground or street improvements unless' no
otner permit is necessary prior to tne use or occupancy for wnicn tne
development is intended. Developer snall pay tne City a public facilities fee
in tne sum of $1,150 for eacn mobilenome space to be constructed pursuant to tne
Reque~t. Tne fee snall be paid prior to tne issuance of building or otner
construction permits for tne development. Tnis fee Shall be in a:1d.ition to any
fees, dedications or improvements required according to Titles 18, 20 or 21 of
tne Carlsbad Munici~al Code.
2. Tne Developer may offer to donate a site or sites for public
." ~ .
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
-3-
REV 4-22-86
•
facilities, tne City snall consider, but is not obligated to accept tne offer.
The time for donation and anount of credit against tne fee snall be determined
by City prior to the issuance of any building or other permits. SUCh
determination, wnen made, Shall become a part of this agreement. Sites donated
under this paragraph Shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pUrsuant hereto are required to
ensure the consistency of the Development with tne City's General Plan. If tne
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 Pl an and any approval or permit for the Development Shall be void.
No building or other construction permit or entitlement for use Shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to thi s agreement in
a public facilities fund for the financing of public facilities When the City
Council determines the need exists to provide the facilities and sufficient
funds from the payment of this and similar public facilities fees are
avail able.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply with any requirements of otner .. puplic agencies as evidence
of adequate public facilities and services sufficient to accommodate the needs
of tne Development nerein described.
6. All obligations hereunder Shall terminate in tne event the Requests
made by Developer are not approved.
-4-
REV 4-22-86
.. ".
. '.
7. Any notice from one party to the other shall be in writing, and
snall be dated and signed by the party giving SUCh notice or by a duly
autnorized representative of sucn party. Any sucn notice Shall . not be effective
for any purpose wnatsoever unless served in one of tne following 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, a:1dressed to tne City
at the a:1dress set fortn herein, enclosed in a.-sealed envelope, a:1dressed to the
City for attention of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery tnereof
to Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, oodressed to Developer at the a:1dress as may have been
designated, postage prepaid and certified.
8. Tni s agreement Shall be bi nd i ng upon and Shall ensure to the
benefit of, and Shall apply to, the respective successors and assigns of
Developer and the City, and references to Developer 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 nave any interest in the Property, all obligations of Developer
hereunder Shall terminate; provided, hOwever, that any successor of Developer's
interest in the property Shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but Shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City snall record a release. .-...
-5-
REV 4 .. 22 .. 86
,'. , " •
IN WITNESS WHEREOf, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA .( name)
BY --------------------------------
JACK Y. KUBOTA
BY --------------------------------
PATRICIA R. KUBOTA
ATTEST:
ALETFIA L. RAUTEtJKRANZ, City Clerk
APPROVED AS TO fORM:
vINcENT F. BIoNDO, JR.,
Ci ty Attorney
CITY Of CARLSBAD, a municipal
corporation of the
State of California
" By
uMA~R~T~I~N~O~R~ENmYnA~K----------
for f. D. Aleshire,
City Manager
(Notarial ackno~ledgement of execution by DEVELOPER-OWNER must be attached.)
.~ ~ .
-6-
REV 4-22-86
•• (' · ..... ·r .,
LEGAL C€SCR IPTION
PARCEL NO. 2 OF PARCEL MAP NO. ____ , FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
ON __________ ' 1987, AS FILE NO. ___ _
PRP 8605
C-663398
.... -\
I
• IN WITNESS WHEREOF. this agreement is executed in San Diego County.
California as of the date first written above.
DEVELOPER-OWNER:
JACK Y. KUBOTA AND PATRICIA R .
. ( e)
nnTnT-,",T n n ",fnnT"
CITY OF CARLSBAD. a municipal
corporation of the
State of California
(-By
nM~AR~T~I~N~OR~E~NmyTA~K----------
For F. D. Aleshire,
City Manager
STATE OF CALIFORNIA .. }SS.
COUNTY O~'Y\ l)1~
On y~ \~.J.J q ~ , before me, the undersigne~, a ~otarv Public in and for said State, personally appeared ~eC-,< \.L ¥u. \:;:xd·c..,. o.r0. 90..-\-0 ~\a.. R· ku.\xtic.. I personally known to me or proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) _--"o.c::..I(~e. _______ _
subscribed to the within Instrument and acknowledged that +'n..R'l executed the same.
WITNESS my hand and official seal.
(Seal)
023200
vINCENT F. BIONDO, JR.,
Ci ty Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
'''''' .
-6-
REV 4-22-86
•
SITE DEVELOPMENT PLAN CHECK LIST
COMMENTS
PROJECT NUMBER ~'P 85,8(1\)
1 . 15 site plan OJ;::, ,
2. 15 landscape OK.
3. 15 bldg. elevations & floor plans q 1<.. .
OIV4. Site plan o. ok:
'/'/5. 1 location map ~1:::: ,...
OIV 6. EIA $175 ~ Old on)... q;S".~
f)tl-7. PFF agreement (2) $25 aIL
~\v 8. Disclosure statement Od:::. •
IV 9 {) . Owner's list & (2) address labels + postage
1)V"1 O. 600 ft. radius map ok,
\)(£...11. Title Report ~4::;'
12. Site plan & elevation plan -
13. Constraints map-
14. Traffic volume map -
DA TE 7-1l.../ -86
I
I
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"
"
"
" I , , , ,
'air ·'l ~t >'
It a
0 '
U
a..
0
IL,
-.il '!I
I
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