HomeMy WebLinkAboutSDP 85-13; PACIFIC SCENE CALAVERA HILLS; Site Development Plan (SDP).~ LAND USE PLANNING A PLICATION
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DISCRETIONARY ACI'IOOS
REQUEST
OZone Chan;e o General Plan Amendment
3JTentative Tract Map
[]Major Planned Unit Development
DMaster Plan o Major Redevelopment Penni t
DMinor Redevelopment Pennit I . o Precise Development Plan ,. :
(check other boxes if appropriate)
RCM
ClSpecific Plan
(]Site Development Plan
ClOonditional Use Pennit
OVariance "
~Planning Commission Determination
OSpecial Use Penni t
OStructure Relocation
[JMajor Condominium Penni t
Master Plan
CarlSbad 'of San
7.76 Acres
'. ~--~----------~--------------------~--~~~~--------------------~
Pacific Scene Inc.
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I. SPECIFI~ REQUIREMENTS
•.. ,~ ... : l' ' ..
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing reques~ed zoning and surrounding zoning and
land uses. ;'(:i!'L:<;'~~ : ......... -.
4. Fee: Gener'iil 'pfan Amendment $765.00 + $5.00 per lot or
... acre, whichever is higher.
. Zone Change: $655.00
" .' 'o .. : ... ~ .... :' •• : ••• / ~. • ~r <;'i7~·~;;t;:~~<. :~.::'-' .. , .... .'. '.' Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
-fifteen (15) copies of items B-D
-items E-O
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plari $1,090.00 •
Master Plan Amendment: 'Major $545.00 + 5.00 acre
, ','
. Minor $185.00 + 2.00 .acr.e ~ .
. '·'·· .. ·.'Specif·ic·P.lan'Ame·n~men.t:· ,Majq:[" ··$44·0.,0{), .', ..
" Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
fifteen (15) copies of item A
items E-P
3. Fee: $530.00 (1-25 lots or units)
" $765.00 (26-100 lots or units)
" , $1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765'.00 (100+ units or lots)
$150.00 Revision that does not
" /I,'.: • . ' " , . design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
fifteen (15) copies of items B-D
"items E-O
change
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.
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First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
PACIFIC SCENE
3900 Harney Street
San Diego, California
Attn: MARIE
Your No.
Our Order No. 889117-14
September 24, 1984
In response to the above referenced application for a policy of title insurance,
this Company hereby reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the
land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy
forms. The printed Exceptions and Exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy forms
should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) 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 /" / t., ,'\ requested.
Dated as of September 12, 1984 at 7:30 a.m.
LARRY VINTI /~d TITLE OFFICER
The form of policy title insurance contemplated by this report is:
Title to said estate or interest at the date hereof is vested in:
TREETOPS UNLIMITED, a Joint Venture, Composed of: FINANCIAL SCENE INCORPORATED,
a California corporation, and PACIFIC SCENE, 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 LEGAL DESCRIPTION ATTACHED
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
SEE FOLLOWING PAGES ATTACHED
ORDER NO. 889117-14~
PAGE NO. 2
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1984-85, a lien, not yet
payable.
2. A report to follow on: TAXES
3. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of
1983·of the State of California.
4. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument recorded
April 1, 1958 in Book 7016, page 536 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
5. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument recorded
January 5, 1959 in Book 7427, page 358 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
6. A Deed of Trust to secure an indebtedness in the original principal sum of
$2,000,000.00, and any other amounts and/ or obligations secured thereby,
recorded March 26, 1980 as File No. 80-102578 of Official Records.
DATED: March 5, 1980
TRUSTOR: TREETOPS UNLIMITED, a joint venture composed of FINANCIAL
SCENE INCORPORATED, a California corporation and PACIFIC
SCENE, INC., a California corporation
TRUSTEE: UNION BANK, a California corporation
BENEFICIARY: UNION BANK, a California corporation
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
An instrument dated November 1, 1980, recorded December 8, 1980 as File No.
80-411663 of Official Records, executed by UNION BANK, a California
corporation and TREETOPS UNLIMITED, a joint venture composed of FINANCIAL
SCENE INCORPORATED, a California corporation and PACIFIC SCENE, INC., a
California corporation purports to modify the terms of the note secured by
said Deed of Trust as therein provided.
An instrument dated March 5, 1981, recorded March 19, 1981 as File No. 81-
083528 of Official Records, executed by UNION BANK and TREETOPS UNLIMITED, a
Joint venture composed of FINANCIAL SCENE INCORPORATED, a California
corporation and PACIFIC SCENE, INC.. a Calirornia corporation purports to
modify the terms of the note secured by said Deed of Trust as therein
provided.
ORDER NO. 889117-1~
PAGE NO. 3
An instrument dated September 15, 1982, recorded September 29, 1982 as File
No. 82-300975 of Official Records, executed by UNION BANK and TREETOPS
UNLIMITED, a joint venture composed of FINANCIAL SCENE, INCORPORATED, a
California corporation and PACIFIC SCENE, INC., a California corporation
purports to modify the terms of the note secured by said Deed of Trust as
therein provided.
An instrument dated September 7, 1983, recorded September 30, 1983 as File
No. '83-351350 of Official Records, executed by UNION BANK and TREETOPS
UNLIMITED, a joint venture composed of FINANCIAL SCENE INCORPORATED, a
California corporation and PACIFIC SCENE INC., a California corporation
purports to modify the terms of the note secured by said Deed of Trust as
therein provided.
7. A Certificate of Compliance affecting the herein described property has been
recorded September 10, 1982 as File No. 82-282024 of Official Records.
8. An Agreement regarding the payment of a public facilities fee, dated August
24, 1983, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: TREETOPS UNLIMITED, a Joint Venture and THE CITY
OF CARLSBAD, a municipal corporation.
RECORDED: October 10, 1983 as File No. 83-363017 of Official Records.
9. The effect, if any, of Record of Survey Map No. 9336, which sets forth, or
purports to set forth certain dimensions and bearings of the herein
described property.
10. A Hold Harmless Agreement stating "To indemnify and to hold the City of
Carlsbad and any of its agencies or employees harmless from liability for
injuries to persons, or damage to or taking of property, directly or
indirectly caused by the diversion of waters, the alteration of the normal
flow of surface waters or drainage, or the concentration of surface waters
or drainage from the drainage system or other improvements indentified in
the approved plans; or by the design, construction or maintenance of the
drainage system or other improvements indentified in the approved plans",
dated September 19, 1983 executed by TREETOPS UNLIMITED, a Joint Venture,
upon the terms, covenants and conditions contained therein recorded November
9, 1983 as File No. 83-407221 of Official Records.
11. A Certificate of Compliance affecting the herein described property has been
recorded July 5, 1984 as File No. 84-253503 of Official Records.
12. A Certificate of Compliance affecting the herein described property has been
recorded July 5, 1984 as File No. 84-253504 of Official Records.
13. The fact that said land does not abut a dedicated road or highway, or an
easement for access appurtenant thereto.
ORDER NO. 889117-14lt
PAGE NO. 4
1983-84 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
Disk No. C-1363
09013
167-101-14
$2,740.54 PAID
$2,740.54 PAID
$481,697.00
$-0-
$-0-
· i LEGAL DESCRIPTION e
ORDER NO. 889117-14
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
Being a portion of Lot J of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Map No. 823, filed in the
Office of the County Recorder of San Diego County, November 16, 1896, said
portion more particularly described as follows:
Beginning at the Southeasterly corner of Carlsbad Tract No. 82-16, according to
Map No. 10860, filed in the Office of the County Recorder of said County,
February 28, 1984, thence along the Easterly boundary of said map, being also
the centerline of Tamarack Avenue North 18°37'12" West a distance of 688.69 feet
to the beginning of a tangent 300 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of
15°04'39" a distance of 78.95 feet to the TRUE POINT OF BEGINNING, a radial line
to said point bears North 56 °18 '09" East; thence continuing Northwesterly along
the arc of said curve through a central angle of 20°19'00" a distance of 106.38
feet; thence leaving said curve and said Easterly boundary' of Map No. 10860,
along a non-tangent line North 07°56 '12" East 306.75 feet; thence Nor-th
68°54'47" East 700.28 feet; thence South 80°35'00" East 92.11 feet; thence South
04°01'32" West 507.85 feet; thence North 87°15'10" West 77.00 feet; thence South
79°14 '50" West 611.50 feet to the TRUE POINT OF BEGINNING.
Containing 7.762 Acres.
ld/bp/ja
Form No. 1068-1 (11/83)
ExhibltA to Prellmlnary Report
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1873
SCHEDULEB
this policy does not Insure .gallll1lota or d.m.ge, nor .gallll1 coat .. attorneys' fH. or .xpen .... any or .11 of which .riM by r.lIOn of the following:
Part I
1. Tax •• or ...... m.nt. which .re not .hown ... xlsllng lien. by th. recorda of any taxing .uthortty that 1.'11 .. tax.s or ...... m.nll on r.al property or by the public
recorda.
Proceeding. by • public .gency which m.y r •• ult In tax.s or ...... m.nt-, or notlcll of such proceeding .. wh.ther or not .hown by th. recorda of .uch .gency or by the
public recorda.
2. Any fact .. right .. Int.re.te or cl.lml which .re not .hown by the public recorda but which could be .sc.rtalned by an Inspection of the land or by making Inquiry of pe,.on. In
pouelllon th.r.of.
3. ea .. ment .. Illns or encumbrance., or claim. thereof, which are not shown by the public recordL
•• Dilerepancl ... conflict. In boundary line .. lhortage In ar ... encroachment .. or any other f.ct. which a correct survey would dilClOle, and which are not Ihown by the
publlcrecordL
IS. (a) Unpat.nted mining claim.; (b) relerv.tlon. or .xceptlon.ln pat.nta or In Acta authorizing the iuuanc. th.reof; (c) water light .. cl.lma or title to w.ter.
e. Any light. title, intere.t, est at. or e .. ementln I.nd beyond the lines of the .r •• spaclflcally described or ref.rred to In Sch.dule A. or In .butting Itreetl, road ... venue .. all.Y'
Ian.I, ways or waterways, but nothing in this paragr.ph Ih.1I modify or limit the .xt.ntto which th. ordinary light of .n .buttlng own.r for acce .. to a physically open IIrHt or
highway Illnsur.d by thil policy.
7. Any I.w, ordinance or governmental regulation (Including but not limited to building and zoning ordlnancel) relllicting or regulating or prohibiting the occupancy, use or enJoy-
ment ot thel.nd, or regulating the ch.r.cter, dlmenllon .. or location of any Improvement now or here.ft.rerected on thel.nd, or prohibiting. leparatlon in own.,.hlp or a reduc-
tion In the dimensions, or .rea of the land, or the .ffect of any violation of any such law, ordinance or government.' regulation.
8. Rightl of eminent dom.ln or governm.ntal rights of police power unle .. notlc. of the exerelle of such lightl .ppa.,.ln the public record ..
II. Def.ct .. llens, encumbrlnce., adve,.e claim .. or other mltterl (a) created, luffered, ... umed or agrHd to by thelnlured claimant; (b) notlhown by the public recordl.nd not
otherwlae excluded from coverlge but known 10 the inlured clalm.ntllthlr at Date of Policy or It the date luch clllmantacQulred an e.t.te or Interest Insured by this policy or
acquired the Inlured mortgage and not dlscloled In wlitlng by the Inlur. cl.lmant to the Company plior to the date .uch Inlured claimant became an inlured hereunder;
(c) r.sulting In no lOIS ord.mage to the Inlured cl.im.nt; (d) attlching or ere. ted lublequentlo Oate of Policy; or (e) relultlng In 10 .. or damage whIch would not h.v. been lUI'
talned If the Inlured clalm.nt h.d be.n • purchaler or encumbrancer for valu. 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, ordln.nce or governmentll regulation (Including but not limited to building and zoning ordlnanC.I) r •• trlctlng or regulltlng or prohibiting the occupancy, use or enjoy'
ment of th.llnd, or regul.ting the ch.r.cter, dlmenllonl or location of any Improvement now or hereafter erected on the I.nd, or prohibiting. aepar.tion In owne,.hip or a reduc-
tion In the dimeniions of .re. of the land, or the effect of .ny vlol.tlon of .ny luch law, ordln.nce or governm.nt.1 regul.tlon.
2. Rightl of .mlnent dom.ln or gov.rnm.nt.1 rlghtl of police power unle .. notlc. of th •• xerelae of luch rlghtl appe.,. in the public recOrdl .t O.te of Policy.
3. Defecta, lIenll, encumbr.nce .. Idve,.e claim .. or other matte,. (.) cre.t.d, luffer.d, a .. umed or agreed to by the In.ured clalm.nt; (b) not known to the Company .nd not
Ihown by the public racordl but known to thelnlured cl.im.nt elther.t O.te of Policy or .tthe date luch claimant acquired an estate or Intere.t by this policy and not dlaclOied In
writing by the Inlured clalmentto the Company prior to the date such Inlured cl.lmant became an Inlured hereunder; (c) relulting in no loss or damage to the Insured
cl.lm.nt; (d) att.ching or created lubaequentlo Oat. of Policy; or (.) r.luiling In Ion or damage which would not have been lUI tal ned If the Inlured claimant had paid value for
the .atat. or Int.r.lt Inlur.d by thll policy,
3. AMERICAN LAND TITLE ASSOCIATION RSSIDENTIAL TITLE INSURANCE POLICY· 1879
EXCLUSIONS
In addition to the Exc:.ptlonlln Sch.dul. B, you are not laaured agalnlt lou. ~t ... ttomaya' fHland .xpan .. 1 relultlng from:
1. Governmental police power, and th •• xllt.nce or violation of any law or governm.nt regulation. Thlslncludel building and zoning ordin.nces and allo IaWi and
regulatlonl concemlng:
• land use • land dlvllion
• Improvementl on the I.nd • .nvlronm.ntal protection
Thll exclullon doel not IImll the zoning coverage ducrIbad In It.ml 12 and 13 of Covered Title RIIka.
2. The light to taka the land by condImnlng II. unl ... a notlcl of taldng appeara In the public recorda on the Policy Date.
3. TItle Risks:
• that are created, .lIowed, or agreed to by you
• th.t Ire known to you, but not to u .. on the Policy Olt. -unl ... they appalred In the public recorda.
• that r.lult In no 1011 to you
• that flrat .ffect your title aft.r the PoHcy Date -thla doli not limit the labor and materlalU.n coverege In /t.m 8 01 Covered Title Risks
•. Filiurl to Ply valul for your tllil.
II, lAck of a right
• to Iny lind outalda the .rea lpaclflcally daacrlbad .nd referred to In It.m 3 of Schedul. A. or
• In ItrHt .. III.Y' or wlt.rways that touch your land
Thll .xclu.lon doel notUmll the acca .. coverag. In It.m IS of Covered Title Rllks.
SCHEDULE B· EXCEPTIONS
In addition to the Exclualon .. you are not Insured agalnlllou, coat ... ttomaya' f .... and expa_ resulting from:
1. Any rlghta, Int.relll or clalml of partlel In poaaauIon 01 the land not Ihown by the public recordL
2. Any .... m.nta or U.nl not .hown by the public recordL
This exc.ptlon doli not limit the lI.n coverage In It.m 8 of Covered Tltl. RIIka.
3. Any fact. about the land which a correct IUrvey would dlscloa. and which are not lhown by the public recordL
Thll exception doel notllmll the forced removel CO'I.rege In lI.m 12 of Covered Tltll Risks.
•. Any wat.r right .. clllmi or title to wat.ron or under the land.
Continued on Reverse Side
POOR
QUALITY
ORIGINAL (5)
:t
RlICOltDING REQUESTaoJ Ill' -
AND WHDI ..aco..DCD MAIL TN'. DEED AND. u .. ~ oTHIUt· WI" .HOWN aa..ow, "AIL TAX .TATeM.N" TO:
r ~ Treetop. Unlimited
"-3900 Barney Stre.t
~.: S_ D1.SO, Ca. 92110 Z.PL
nile Oreler No. 5-579973 !:.crow No. 22303 P
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S .. ACE AaOYII: THla LINE 1'0lt RECORDER'. usa -----
GRANT DEED
TRANSfER TAX P~O
n.e uneleni~ """11m lhat Ihe documenlary Irlnsfer In i. S .. 2..3tVt.~ao. ... ~_:!.~~~~ .. ~~.~._. and is
HI compuled 01'1 Ihe full .. Iue of lhe inler.,.1 or prnperty conveyed. or i. r compUled on the full "llut H lhe vllue uf Ii.", or tncumbr4nceo remlinins !bereon "' the ti ..... of ....... The land.
lentmenb or reail), i. lora led in City of Carlsbad o unincorporaled .,.a
FOR A VALUABLE CO:O-;SIDERATIO.'i. r.ceipl of which i. hereby Idmowled~
LA!<E CALAVERA HILLS ASSOCIATES, a Limited Partnership
hereby GRANT(S) to TREETOPS tn'LIMITEO. a Joint Venture, Composed of: FINANCIAL SCENE
INCORPORATED, a California corporation, and PACIFIC SCENE, INC., a
California corporation.
the followins deocribed rell propert)' in lhe City of Carlsbad
counl)' of San Diego .• llle of Californi.:
Those portions :>f Lots "0", "E" snd "J" of RANCHO AGUA HEOIONDA in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County, November 16, 1896, being more
particularly in the Exhibit "A" attached hereto snd made a part hereof •
.......... --_ ....... lO-
b 102577
D.udL-~Ma~rc~h~5~.~1~9~8~O~ ____________ __
m URCO
FOR NOT ... RY !lE"'L 01'1 .T ... M ..
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"'AIL TAX STATEMF.NTS TO PARTY SHOWN ON FOLLOWING UNF.: IF NO r.'RTY SO SH01t1'l. WAJLASDIIECT'WAIOVE
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EXHIII1T "A"
PARCEL A:
Thosa portiona of Lots "0", "E" and "J" of RANCHO AGUA HEDIONDA in the
City of Carlsbad, County of San Diego, State of California, according to
Hap thareof No. 823, filed in the Office of the County Recorder of San
Diago County, Noveuber 16, 1896, being MOre particularly described as
Parcal I-A, Parcel 1-11 aDd Parcel 2, as follows:
PARCEL l-A:
COKKEHCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO.5,
according to Map thereof No. 7151 filed in the Office of the County
Recorder of San Diego County, Occe=b('r 29, 1971, being a point on the
CClaIlOD ci ty 11 .. i ts of the City uf O""anside and the City ?f Carlsbad,
and being aha a point on the Northerly line of land described in Parcel
I in daed to DON N. BOWKER aa Trustee of the MARTHA KILLEFER TRUST undrr
Trust Agreement dated February :!.7, 1~)6l, said deed betng recorded
Septeaber 8, 1976 as File No. 76-294347; thence along the Northerly
boundary of the City of Carlsbad, belng along the Northerly line of said
Trustee's land South 89"19'04" West (deed-South 89"19'35" West) 1903.60
feet to the common boundary between said Lots "0" an.! "J" of RANCHO AGUA
HEDIONDA: thence along s~id commen boundary South 13"37'33" East 765.48
feet to the Southeasterly corner of land described in Parcel 1 in deed
to DON N. BOWKER as Truatee of the ~N S. LEWIS TRUST under Trust Agreement
dated June I, 1970. said deed b~1ng recorded September 8, 1976 as File
No. 76-294346, and betng also the TRt!E POINT OF BEGINNING; thence along
the Southeaaterly line of said land !;outh 70"04'37" West 870.00 feet to an angle point ln the proposed Village Line: thence continuing along
said Southeuterly line South 7(J"04'~·7" West, 1097.00 feet to the Easterly
boundary of Parcel "M" School Stte: thence along the boundary of said
Parcel "M" School Site as folloW<J: South 16"49'53" East, 218.38 feet to
an angle point therein: South 2bolO'''3'' East, 500.00 feet; South 85":£9'37"
West, 480.00 feet: North 39°00'23" '';('st, 372.00 feet; and North 13"46':4"
West, 237.29 feet to the Southeasterly line of sald Trustee's land last
herein:lbo'le referred to; thence alon!, IIsid Southeasterly line SOOith
70"04'37" West, 183.29 feet: thf!nce leaving said Southeasterly 11ne
South 28"37'41" East, 543.34 feet; thence South 02"54'50" West 350.00
feet; thence South 17"25'10" Ea9t, 4)0.00 feet; thence South 24"25'10"
S-579973
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MAIL TAX STATE~tF.NTS TO PARTY SIIO.'N ON FOLLOWING LlNF., Ir NO PARTY SO SHOWN. MAILASDIIEC11DAIIOVE
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Page 2 llf 5
ElIst, 490.00 feet to the c2nter line of Elm Avenue proposed extension;
thence South 10'43'01" West, 257.35 feet: thence Sout~ 24'25'10" t,;ast.
430.00 ieet: thence South 48'05'12" East, ZOU.OO feet; thenee South
24'25'10" i;ast, 300.00 feut; thence North 59°0~'50" Eatlt ;87.00 feet;
thence North 1,3'29'50" cast, 339.00 fe"t; th"llce South 80'08'50" East,
71.22 feet tu th .. center Un" of TaI.srack AVl!nlle proposed extension,
buing a point on the arc of .1 1000.00 foot racHlIs curve, concave Northwesterly,
a radial Hne of said curvt! bears South 75°17'40" ~:ast to said point;
th.mct! .11onll sa1d center line ali follows: ~ortheasterly along the arc
of said curve through a ,'entral angle of 33'19')2" a distance of 581.64
feet; and t"!}gent to said curve North la037'12" W",;t, 273.62 feet to the
center Hlle int,,[sect ion of ~Im Avenue proposed extension: thence
continuing North 18'37'12" West, 310.0U f"ut; th"nce North 31'37'23"
We"t 312.70 E"et; thence North 01'04'50" i;:lst, 105.00 feel; thence North
79·14'50" E.1:;t, 650.00 f""t; thence South a7°1~'10" I::ast, 740.00 feet;
th.mc" South 71·31'3Q" E.,st, 1i51.9a f",·t: to the c.mter line of COUPIl"
Boulcv.1rd propos"d ext"n" ion; ellenc" along S.lld " ... nter line North
29·4U' :;9" Ea>it, 42U.00 tecH; tlwnce 1eavin!1 s.lid cI!ntt!r lint! North
59'02'50" We~t, 37J.Hl leet; th~nce ~orth HOoJS'UO" Neut, 1240.00 feet;
th~nce ~ort'l 2100~'UU'' ~~st ~4~.~ti fe~t to t)lC hc~lnnln" of a tanKcnt
50.00 foot raJ lUB curve, COIH':;JV\! Sl)uttH.':\sttorly; thunc(' clockwlSl! .11onr.
the arc of 6a1.d curve tl,rOuf;h .1 centr,lI :1111:1<' of 12'1·05'00" a distance
of 112.05 Io!et; th"nc" t.IIl!:l!nC til s.lld Cllrv,' ~outh 72°00'00" t.:ast. oH.i7
feet to the b"glnnln~ ot .1 t.lIlr.l!nt SO.IIO foot radi"" CllrVI!, concave
NortherLy; thence l:astt!rLv J.l')n)~ (1\<> ar~ I.1t said cU["Vlt through n ct!l1tr"l
angle of 7'J·SS'U9" a 111st.lnc~ I.>t o':J.7Y ft.'tH tl) the h~Hlnnin); of ,'1 rt!v~rsc
200u.00 foot cddlUS curvt"; thence ~iorlht,.,stl·rly ...tll)ng the arc of said
eurv!.! thruugh 3 c~ntritl :lnt-~lc 01 1)·4L' J3" ~! dist.lIIc~ tlt 54ti. J; tt;'t!t to
thl! TRn: PUl~T O~ UI::GII-NHll;.
I'ARCI::L 1-11:
CCtl~u:':;CING at the South"'''''tl!rly corner oi :H't.\ COST.\ m;:;,\ UNIT NO.5,
according to :, •• ;1 th .. r~C)f 1\0. 7111 fHeel in th" Ot tice of th" County
Recorder of San Diego County, lJcce:Jlb"r 29, 1971, hI! lng a point on til"
common ci ty lim! t8 of tt." (;1 ty of l.Ic"an" hi" and thi! City of Carlsbad,
and being al"" a point on the ~orth"rly lin" uf 1.1n<1 d"scrihed In 1'.I.c,,1
1 in deed to DON N. BOWKER as Trustee of the HAKTIiA "tLLr:n:R TRJST under
Trust Agreement dated Fc:'ruury 27, 196:!, said d""e1 h<olng ... corded
September 8, 1971> as File Nu. 70-294347; t}",,,.,,· 31nn); till! Northl!rl)'
5-579973
S-607233
E-21602
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MAIL TAX STATF."r'~TS TO I'ARTY SIIOWN ON FOI.l.O"·INf: I.I:'F., It' 1\0 P.~RTY SO SHOWN. \lAIL AS DIIIECTID ABOVE
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boundary of the City of Carlsbad, being along the Northerly line of said
Trustee's land South 89°19'04" West (deed-:;outh 89°19'35" West) 1903.60
feet to the common boundary between s •• id Lots "U" and "J" of RANCHO AGUA
HElllONDA: and being the lRUE POINT OF IlEGINNING: thence along said
cOIIlIIOn b"ul1(lary South 13°37'33" East 765.48 filet; thence North 59°51'59"
East, 804.2b feet: thence North i3°37'33" West, 360.00 filet to the
Northerly line of said Trustee's land last her~lnabove referred to and
the Nonl1erly boundary of said City of Carlsbad; th,mcl! along said
Northerly Hne South 89°19'04" \~est, 790.00 fel't t" the TRUe POINT OF
BEGINNlN~.
PARCEL 2:
CLliMENCING a t the So,.theast corner of said Lot "J": thence along the
Southerly prulongation of the Easterly lin .. of said Lot "J"; South
01°42'41" \.lest, 484.02 feet to an angle point in the '}lortheasterly
bound"ry of land described in deed to LAKE CALAVERAS HIl.l.S ASSOCIATES.
recorded April 7. 1977 a .. File No. 77-128086; thence aiong said Northeasterly
boundary :,,,rth 23°15'45" \~tlst, 720.30 ftlet to the TRUE POINT OF IIF.GINNING:
thence cuntinuing al"n)l Solid Northeasterly boundary liS follows: North
23°15'45" \.jest, 85.00 fuet to an angle point therein; and North 34°33'00"
West, 692.00 ("et to a point on the arc of a non-tangent 61:10.00 foot
radius curv", concave NorthwL!sterly, a radi.~l Une of said curve bears
South 17°2';'UO" I::ast to said point: thence leavi.ng said North"ast"rly
boundary :l"rtheasterly a1"n)l the arc of >laid curve through a central
angle of 92·U9'20" a distance of 1093.71. feet; thence leaving said
curve, non-tangent North 07°27'20" East, 19.77 flOut; t!tunce North
69°28'42" East, 751.12 fellt to the center line of Cn11u~e Boulevard
proposed \!xt<!nsion being a point on thu arc of a no,,-tallll,,"t 100U.00
foot radius curve, concave Southeasterly, ,I radi.,1 ! Inl! cf said curvu
bears South 83°03'38" West to said point: thenell S""t'lCrly along the arc
of o;aid curv" th~,,)Ugh a central Jngle of 17°17'17" a distance of 301.73
feet; thenc~ tangent to said curve South 24°13' J.)" Last, 77U.OO feet;
thunce South O1l046'24" West '.I:10.U8 f"ot; til~nc,' :;urt;, Hlo13'39" West
210.00 feet; thene" South 4!l°46'21" Wl'S[, 2',\).01) f,·pt; til,'nce North
48°43'39" liest, )35.00 feet; th,mce Nonil 7:;" J/,')')" I,cst 319.91 reut [II
the TRUE PlJINT Ot" III::';lNNIt.G.
PARCEl. B:
Ease .. ents and right of way for 'lcces" purpu.:"s "vcr, .,lonr. and across
those portions of l.ots "Il" and "J" of RANCIl0 A(;UfI HEIlIONDA, in the City
of Carlsbad, County of San Illego, State of Cal ifnru 1.'1 , according to Hal'
S-579973
5-607233
1':-216U2
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NC! 102577
MAIL TAl( STATEMENTS TO PARTY SHOWN ON mlLOWING 1.I:'iF.: IF NO PUTY SO SHon, MAIL AS Dl&ECTIDAIOft
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th~reof ~o. 823 filed in the Office of the County Record~r of San Diego
County, November 16, 1896, for the us~ of acces~ to dnd from those
pArcels of land deacrlbed as Parcels I-A and 2 in that Certificate of
Compliance r~corded January 22, 1980 as File No. 80-024454 and beln~
more particularly d~scrlbed as Access Casement Parcels A and B as
follows:
ACCESS EASf:'IENT PARCEL A:
A strip ot land 102.00 feet wlde, being the propose:! ext en, ion of
College boul\<vard, and tht! cent"r linl! of said strip being described as
follow:
caMENCIIIG at the Southwe~terly curnt!r of '!Il(A CU5I',\ m:SA U!lIT NO. 'j,
according to 11.<1' thereot ~o. 7151 f ilE'd in thl' Office of the County
Recllrdt!r of San IHe!:o County, 1l<!c,'mber 29, 1971; thence "long the
Southt!rly l1n<! of ~aid :'!;'p No. 7151, North il9°1:l'JS" East, 11.12 f ..... t to
the TRUe: pIJI:-1r (}to' llr:(a~~H.'il~; rhcn\"e SLluth jHO')lJ'OU" l-:a!H, 25.26 (I.!el to
the beginning III ol t"ngent lUOU.OU fo.',t r,1<11I1, curv(', Cllncav" Westel'ly;
thence &luthcrlY .11onf( tilt" .In.: nt ::;.1id curve through ,1 Cl..'!ntral anr,lt· of
75-55'53" a dlstance \]f IJ:.!J.:!) tC(·t; tht:'H:e t.1I1g£l'nt to Raid curve South
36'56'53" :~est, ','09,25 t.!et ro th.' hcrln"il\~ .>1 it tan);l!llt 1000.00 ("Ot
radius curv~. concave 50utitctlstt:!rly; th('n"~f~ S\)Urhwesterly along the arc
of said curv~ through a c~ntral dn~la at 117"15'j4" a dl~tance at 12h.BO
f~"t to the most r:ast"rly c.·rlll'r of P"t'~d 1-,\ "f "aid Certificate of
COnlp11ancej thence lall~cnt tu S.lld CU1Vc ~l)util .!<j-40'S9" 1';cst. 232.:JS
Cellt to a point of access tll • lid I'olr-:d I-A; rlltmee COlit lnulng SaudI
29'40'59" hust, )~3.b7 teet tll til" he);lrmlng .'1 ,I t.1II~"'"t 10uO.00 (.Jot
radius curve, concave Svuth .... 1:-tt~rly; thcnCl~ ~tlu[l1west.urly along the arc
of said curve through ,) cent roll angle lit ~d"54' JIi" 3 distance of 94v.92
teet to .1 point oC access to r"re,,1 2 of s,lld ,:"rtificatt> of Comp111nce.
Said easement to tenunate ~;orthcrly 111 til<' Suutl".cly line of Solid 'lap
No. 7151.
ACCli5S EASEoIt::rr PARCEL B:
A strip of land 102.00 feet in width, h<:ing the propos<.!d extension of
Elm Avenue, and th~ cent~r line of saiJ strip being described as follows:
S-5 79973
5-607233
E-21602
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\CAlL nx ~T\Tf.\!t::'lTS TO PARn 5110W,"1 0,'1 FO!.l,(JWINr. !.INF:, n' 'I) PARTY SO SHOWN, \lAILASDIIIECTtDABO\'[
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CatMF.NCING at the most Easterly corner of s,t1rl !"Ired 1-1\ s.1id Certificate
of Compliance liS said corner is described in Accl.!s" Eas"ment Parcel A
above; then.:e South 29"40'59" West, 586.52 feet to the beginning of II
tan!(ent lOOO.OO foot radius curve, concave South(.,'''terly; thence l>outhwesterly
along the arc of said curv" through a centril! iII ... ,!e of 13°32' 52" a
distance or 21&.45 feet to the center line intersection With Elm Avenue
proposed ext"nsion and being the TRUE POINT OF BEGINNING; thence North
73"51'53" West, 155.70 feet to the beginning of d t"ngent 1000.00 foot
rad1us curve concave SOutherly; thence Westerly .lloll?, the arc of suid
curve through .j central angl" of 35"45'19" a dl.t.tnce or 1)06.59 f""c;
tllO,"ce tangel)t to said curvl.! South 71"Z2'I,H" We~t, .~?'5.M8 feet to the
c"nter line intersection Wi tit 'f.1marack Avenue pruposI!d extension and
being a point of access to said Parcel I-A of CI!rtlf!c.1[I! of Campliane!!.
Said e;)S"lUcnt to tet'lllinate Southeasterly In the Cl'nt"r line of Access Easement Parcel A above.
E.,{CEPTING Tl!f:Rr:FRO~ those portions lying wi tltin Parcels I-A nnd 2 h"reinabove d esc r1bt:d.
MIE1\[.liiD
DR: ;"el~/a><
2-2~-bO
$-5 7<J97)
5-60723J
E-21bu2
FOR NOTARY SEAL. OR STA .....
FOLl,O'A'IN(; UNE: IF NO PARTY SO SHOWN. ~IAIL AS DIIIEcn:D AIIOVE MAIL TAX STATE" ENTS Tn PARTY SHOWN O~
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STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
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The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50),day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e."
Environmental Assessment, Environmental Impact Report, Condomin~um
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty ,(30) day time limits are often exceeded,
If you wish to have your application processed concurrently,
this agreement !!lust be signed by the applicant or his age'nt.,' If
,yo~ cboo,se'I').ot t9 ,s.ign ,t-h:~ sta1:emEm,t,' the City will''-not' accept "
your'applicat:ion for 'the Tentative Map, until ,all prior necessary
" • :'t,:; ~:; :.
. ''':.' " . . ,
,entitlements have been'processed and approved. 'i ,'; ,,~ ~l. -tl •. ...,e-:. ,,~ '.-~;' <'~ t;~,~:~:" ':
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete ,to properly review all of the applications.
Lewis LaDou
Name (Print)
FORM: PLANNING 37, REVISED 3/80
Date /
Agent
Relationship to Application
(Property Owner-Agent)
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If after the information you have submitted has been reviewed, it is determined
,~hat further informatiol ~ required, you will be so ac~_
APPLICANT: Pacifjc Scene Inc, a Cal ifornia .Cqrporatimj 'Name (individual, partnersh1p,.)01nt venture, corporation, syndication)
AGENT:
-...
MEl-IBEa:;:
1094 CUdaby Place. Suite 212.San Dj~. CA 92110
Business Address
(619) 275-6040
Telephone Number
Lewis LaDou
Name
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1094 CUdahy piace, 'Suite 2.12 San Diego,' CA 9211El
Business AQdr~s~
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(619) 275-6040·. . ".:., ; ..
Telephone Number
~iame '(individual, partner, joint.
venture, corporation, syndication) .. :
. Business Address
Teleph~ne Number .,'f
3~siness Address
Telephone Ncmber
: .....
Home ~.ddress·
... ,'.
Telephone Number
Home Address
Teleph?ne ~jumber
' . . '.
(Attach more sheets if necessary)
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liNe decla::-e under penalty of perjury that the information contained in this dis-
closure is tr~e and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended.
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Resid~ntial Condominiums
$530.00 (50 units or less)
$1,090.00 (50 units or more)
•
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for Condominium
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Conversion) .'
. Residential Planned Unit Development
$530.00 (50 units or less) ,
$875.00 (51 units or more)
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$275.00 (Amendment for 50 units or les's) -,,'
$545.00 (Amendment for 50 units or more)
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Non Residential Condominium or Planned Unit Development,'
$420.00 ,(50 or less riniti)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
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, ' . ,.'" , , , . ~i te ,D~'~elopm~~t' Plan' ". . .. ',. :. ~ .' . ", .'. "," :' . ,,;T;t ,'" .,~~{f;;';' 1. Application Form
2. General Requirement Items
fifteen (15) copies of items B-D
items E-I, M-O ~
3. Fee: $365.00
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Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form " " , ,-
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3.
fifteen (15) copies of items B-D
items E-O (items L,M & N not required for Special Use
Permit). '
Fee: $420.00 Conditional Use permit/Special Use Permit
$440.00 Precise Development Plan
. ", . . ."~ ..
4. Additional information may be required by the Engineering .;!
Department. for Special Use Permits
:, Variance
1. Application Form
2. General Requirement Items:
fifteen (15) copies of item Band D (if
applicable)
items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = ,$420.00
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Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3.
4,.
General Requirement Items:
fifteen (15) copies of items B-D (if applicable)
items F-I, M, 0
General Requirement Items for Density Determination:
fifteen (15) copies items B-D
items E-I, M-O .. "
Fee: $330.00 :! "'< I r :·ll.~l\> / . .... " ,., :.,
M'a 'or and Minor Redevelo ment Permits
'. Appllcatlon Form
2. General Requirement Items:
3.
Major: ,
fifteen (15) copies of Item B-D
': '. ,,!
items E-M and material samples (if applicable)
Minor: ' -" flfteen (15) copies of items B-D (if applicable)
items E-F, H-M and material samples (if
applicable)
Fee. (Not established except where other permit. is
, n~qessary) • . " . ~ ' .. " .
Structure,Re16cation
1. Application Form
2. General Requirement Items
fifteen (15) copies of
items E, F, H, I, M
inspection notice from
3. Fee; $120.00
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... '; Band D '/
the Building Department
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR , "" .-
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJEC'r /
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II. GENERAL REQUIREMENTS
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A. Tentative rna / reliminary radin lan (24" x 36")
Eac tentatlve map prellmlnary gradlng plan shall
contain the following information:
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(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
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. . ,,--_ .. _-.,~---------------• (5) Date of preparation;
(~) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and' width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigatiQn ditches and other permanent
physical features;
(11) Approximate contours at l' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed) .. ' .
(12) Approximate location of existing buildings and
permanent structures and proposed condominium -
buildings; ~
(13) Location of all major vegetation, showing size
and type; . . '
(14) Legal description of the exterior boundaries of~
. the subdivision (approximate bearings, distances and
. curve· data) ; .
'. . . .( 15) . Width 'apd . location of·. all existing' or 'proposed
public or private easements;
. (16) Classification of lots as to intended~
residential, commercial, industrial or other us~s;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision; .. ,'
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire .
hydrants on both sides of the street within 300 feet of
the subdivision. ",
(25) Typical street section for all adjacent streets
and streets within the project. "
B. Site Plan: Shall include the following information:
Name and address of applicant, engineer and/or
architect, etc.
All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and'points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
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distances between buildings and/or
building setbacks (front, rear and
location, height, and materials of
location of freestanding signs
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structures
sides)
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walls and fences
all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
,the limits of subject site.
existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
typical street section
any existing median islands within 100 feet of
,subject site. ' " :.' ,
nearest cross streets on both sides with plus or
minus distances from subject site. ,
location of all buildings within 100 feet of subject
properties.
a vicinity map showing major cross streets
a summary table indicating the following
information:
site acreage ,'"
existing zone and land use
I.": ',-' proposed" J,.a,nd "us,~, ','
total buildi~g coverage
building sq. footage
percent landscaping
number of parking spaces
sq. footage of open/recreational
space (if applicable)
cubic footage of storage space
(if applicable)
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ADDITIONAL DATA REQUIRED: 'UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR ~ TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36")
shall include the following information:
1. Landscape zones per the City of Carlsbad
Landscape Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplemental) water required to maint~in each zone.
4. Landscape maintenance responsibility (private or
common) for all areas.
S. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36")
floor plans with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2" x 11".
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~ One (1) copy each of 8 1/2"x 11" site plan and elevations.
~ One (1) copy of 8 1/2"x11" location map (suggested scale
200" -vicinity maps on the site plan are not acceptable)
~ Environmental Impact Assessment Form ($175)
~ Public Facility Agreement: 2 copies: One (1) notorized
~original, One (1) reproduced copy.
~. Disclosure Statement
'~. Propert Owners' List and Addressed Starn ed Envelopes
Not neede or Slte Deve opment Plan, Specla Use Permit,
Planning Commission D~termination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate-sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 300-foot radius·of
subject property. For any address other than single family
residence, apartment or suite number must be included". DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAV~
RETURN OF AQDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped en.velopes of all· "
'.' . ~isting, tenc;tnts is. requ~red·. " . ,
.~. 300 Foot Radlu~ Map .
(Not needed for Site Development Plan, Planning Commission
Determination and Special Use Permit). A map:to scale not
less than 1" = 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the
property owner's list •. The scale of the map may be reduced
to a scale acceptable to the Lan~ Use Planning Manager if
the required scale is impractical. , ~For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land. . .
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
/of need.
)F. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District. o. Colored Site Plan and Elevation Plan *
P. Statement of agreement to waive tentative tract map time
limits.
*NOTE: It is the Applicant's responsibility to bring one copy of
a colored site plan and one copy of'a colored elevation
to the Land Use Planning Office by Noon the day of the
Planning Commission meeting.
.-
• •
, '
. , ",' APPLICANT DISCLOSURE FORM . ":.\
In order to assist. the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict'may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
, a final action on your application has been rendered, any of the
information required by this disclosure changes,. an amendment
reflecting this change must be filed. ". ,
• ,/ I
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full ,name,
address and phone number of each person or individual (includipg
trusts) who own any beneficial interest in the property ~hich is
the subject of this application. Should one or more partie& to
the application be a partnership or joint venture, 'then please
state the full legal name of the partnership or joint ventur~,
,its legal address and the name and address. of eac~ individual'
person, who Is a general and/br' liritiEed partne~"or member'of the
joint venture. ". -:
...r
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
"
,I 1:1
,
4·
ewPLE.."'1ENI'AL INFOR.."'1ATION FORti • '.
> i VARIANCE'
1) Gross Acres (or square footage, if less than acre) ----------------------2) ~e ______________________________________________________ _
3) General Plan Land uSe DesignatiO'l ____ ~:--~_:__-~--------
4)
, J' ,
By law a Variance may be approved O'lly if certain facts are found to exist.
Please read tl:ese requirerrte:1ts carefully and explam how t~ proposed ..
project meets each of trese facts. ~e additimal sreets if necessary.
a) Explain w"tr:! t1'leie are ex~ptl<nal or extraordinary circlllllSi:ances or . .; .
ccnditiO'ls applicable to tbe property or to tbe intended use that d9 not
apply' generally to tlE othar property ~ class· of use in the same-vicinity
and Zale: .., ~
. b) Explam why such variance is necessary for tee presei"vatioo and '
enjoyment of a substantial property right possessed by other property in
tha same vicin.ity and zcne but ,.,'hich is denied to tffi property in questicn: . .
c) Explain why the g~ting of' such varianc~ will not be materially
detr:imaltal to the public welfare or injurious to the prof'E!rtY or
improvements in such vicinity and zcne in which tbe property is located
d) Explain why the granting of such variance Y.rill not adversely affect the
canprehensive general plan: ________________________ _
I FORM 468 DAWCO PRESS
5620 FRIARS ROAD
TELEPHONE •
• SAN 0 lEG O. CAL I F
AREA CODE 619 •
92110·2596
291·0707
JOB NO. LEGAL DESCRIPTION FOR:
BY PJI/pdw DATE SHEET
7649-H CALAVERA HILLS VILLAGE "L-l" CHK'D. pJ'! 9-11-84 lOFl
TITLE CO.
IIEFERENCE
Being a portion of Lot J of Rancho Agua iledionda, in the
,City of Carlsbad, County of San Diego, State of California,
according to Map 823, filed in the Office of the County
Recorder of San Diego County November 16, 1896, said portion
more particularly described as follows:
Beginning at the Southeasterly corner of Carlsbad Tract 82-16,
according to Map No. 10860, filed in the Office of the County
Recorder of said County February 28, 1984; thence along the
Easterly boundary of said Map, being also the centerline of
Tamarack Avenue North 18°37 112" West a distance of 688.69 feet
to the beginning of a tangent 30n foot radius curve concave
Southwesterly; thence ~orthwesterly along the arc Of. said curve
through a central' angle of 15°04 139" a distance of 78.95 feet
to the TRUE POINT OF BEGINNING, a radial line to said point
bears ~~orth 56 ° 18 10.9" East; thence continuing Northwe.s-cerly .
. alan·g the a'rc'of said curve' through 'a cent'ial'~:mgle of 20°19.100"
a di~ta~ce of 106.38 feet; thence' leavin~ said curve and said·
Easterly boundary of Map No. 10860, along a non-tangent line
North 07°56 112" East 306.75 feet; thence North 68°54147" East
700.28 feet; thence South 80°35'00" East 92.15 feet; thence
South 04°01'32" West 507.85 feet; thence North 87°15'10" West
77.00 feet; thence South 79°14'50" West 611.50 feet to the
TRUE POINT OF BEGINNING.
Containing 7.762 Acres
COMPANY DESCRIPTION REVISIOHS
ORDER HO. I DATE
BY I DATE
801 Pine Avenue, Carlsbad, California 92008 729-9291 "Excellence In Education"
BOARD Of
TRUSTEES
THOMAS L. CURTIN, M.D.
President
W. ALLAN KELLY
Vice President
J. EDWARD SWITZER, JR.
Clerk
JOHN J. MAMAUX
Member
JULIANNE L NYGAARD
Member
DISTRICT
ADMINISTRATION
PHILIP GRIGNON, Ed.D.
District Superintendent
SUSAN H. LARGEN
Instructional Services
DAVID WM. BATES, SR.
Employee Relations
JAMES M. STARK
Comptroller
RICHARD A SHALER
Information Systems
K.C. DUNLAP
facilities/Services
August 23, 1983
Mr. Clarence Schlehuber, .Chairperson, and
Members of the Planning Commission
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Mr. Martin Orenyak, Building and Planning Director
Reference: Pacific Scene
Calavera Hills
Villages 0 and P-1 , Nand L
Gentlemen:
Our District has reviewed the proposed development of
413 units located as referenced above and has evaluated
the impact of that project on the facilities of this
District.
The Governing Board wishes to advise the city officials
and residents of Carlsbad that, as residential units
are added to the community, it is likely that many
classes in the District will become crowded, resulting
in possible impairment to the educational and trans-
portational services offered to the students. It is
also likely that school schedules may have to be changed,
resulting in an increase in the year-round program,
or double-session~ or both. .
However, the District is able to assure you that school
physical facilities will be available concurrent with
need for this development as it is presently proposed.
Sincerely,
;u;:g-' ~tark
Comptroller
mp
cc: Gary Carter
, ... 1
•• , ... »0 ;
,,,:,*,/( . . 'r'" • ..• ~----.. _ .. _-: ..... ----... ------...
. : iECORDING REQUESTED BY AND )
WHEN RECORDED M·AIL TO: )
)
'CITY OF CARLSBAD ).
1200 Elm ~venuA' )
'Carlsbad, Caliiornia 92008 )
Space above this line for Recorder's use
. . Do~umentary transfer tax: $ No fee
o .~ignature of declarant ~etermining
.;;t~x-firm name
. Ci'ty of Carlsbad .. . .
Parcel No. Portion of l67-l0l~14
AGREEHENT BETWEEN DEVELOPER-OHRER .
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT 1S entered ·into this ~day of ~ 19.J;Y
by and between ---------------------------------------------------------------.
Treetops Unlimited
(name of developer-owner)
a . Joint Venture , hereinafter referred to as
<COrporation, partnership, etc.) ..
'. ". 3900 Harne} street "Developer" whose address 1S
. (street
San Diego, Ca. 92110 and ~HE CITY OF .
'JCity, state, zip code)
CARLSBAD, a municipai corporation of the State of California,
hereinafter referred to as "City", whos~ address 18 1200 Elm Avenuei
• • Carlsbad, California, 92008.
WIT N E SSE T H:
•
WllEREAS, ~eveloper is the owner of the real property described
. (" . .
on Exhibit "A:. aita~hed hereto and made a part of this agreement,
hereinafter referred too 88 "Property"; and ,.. , .
WHEREAS. The Property lies with'in the boundaries of City; 8nd
WHEREAS. Developr.r proposes 8 development project as follows: .'
Constructi~n of 80 Apartment units. _
REV 4-2-82 Ci
.,
(j).
If-:"" • " . . " .
on' said Property, which development carries the propose~ name of··
Calavera Hills -Village L-l
and is hereafter referred to as "Development"; and
• I
.,J.£: day 0 f --'-~_"'-;-_____ "";:;;"'_ ,WHEREAS, Developer filed on ~he
19li, with the ~ty. a request for
in Calavera Hills,
tent.a--1:;-iv.e...-map-approval of Village' L-l ..
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 !acilities
necessary to serve a development will be available concurrent with
.need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
.WHEREAS, Developer and City recognize' the correctness of Cou?cil
Policy No. 1'7, dated April 2, 1982, in file witi the City Clerk and
incorporated by this reference, and that th~ City's public facilities
and serV1ces are at capacity and will not be'available to accommodate
the additional need for public facilities and services resulting from
·the proposed Developmen~; and
•
WHEREAS, Developer has asked the City to find that public .
facilities and services will be available to meet the future needs of
., .
. , the Deve lopmen t as it is presen t ly pro pos ed; but the D eve loper is
aware that the City cannot and will not be able to make any such
finding withou~ financial assis~ance to p~y 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.
-2-
REV 4-2-82
.'
.. ---e-'" . --.,-------.----"-. -.-.---_.--.... -.. -. -. . ... . .. ~ . .,.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties ~gree as follows:
1. The Developer shall pay to the City a public f~cilities fee
in an amount not to exceed 2% of the building permit valuation of the
building'or str~etures to be constructed· in the Development pursuant
. i
.t 0 the R e que st. . Th e fee s hall b epa i d P rio r tot h e iss u an ceo f
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
• ~ddition 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 0 f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of corrversion. '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 i~clude community
apartment or stock coo~erative. The terms ~oth~r construction
permits", "other construction'permit" and "entitlement for use" as
, used in this agreement, except ,in reference to mobilehome sites or . . .
projects, shall no~ refer to grading permits or other per~its for the
construction of undergrpund or street improvements unless no other
permit is necessary prior,to the use or occupancy for which the
development, is intended. Developer shall pay to' City a public
,
facilities fe~ in the sum of $1.150.for each mobilehome space to be
constructed pursuant to ~he Request. 'The fee shall be paid prior to
the issuance of building or other construction per'mits for the'
development. This fee shall be in addition to any'fees. dedications
'or improvements required according to Titles 18, 20 or 21 of tbe
Carlsbad Municipal Code.
"3-
"
, -;--'-l--;-----.. -_ ..... --.--... ------.---..... -------. -'--e-'-.. --, ~, " .
-2. The Developer may offer to donate a site or sites for puhlie
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 facilities, the City shall consider, but is not
obligated to accep.t_ 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 in~lude improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City ~ill not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or,entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
'akreement in a puplic 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 simil~r public facilities fees a~e available •.
5. City agrees'to provide upon ~equest reasonable assurances to
enable Develope~ to comply with any requirements of other public
agencies as evidence of adequate public facilities and serV1ces
lufficient to accommodate the needs of the Development herein
Clescribed.
-4-
-,
· -,.-....•. ! ~-.'-_.-."-'.'.'. --... -A·· . A ··!'"·",.('f.'" • •
..
.' 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 1n writing,
and shall be dated and signed by the party giving such notice or by a
du ly authorized .r;)=re~ ent a t i ve of . such pa~ty. Any such no t i ce sha 11 .
not be effective for any purpose whatsoever unless served in one of
the 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,
addreised to the City at the address set forth h~rein, 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· shal~ be binding upoo an~ shall inure to the
benefit of, and shall apply to, the respective successors and ass1gns
.~f Developer and the City, and references ~~ Developer or City hereii
.. .
~hal1 be,deemed t~ be reference to and include their respective·
successors and assigns without specific,mention of such successors
and assigns. If Developer ~hould cease to have any interest in the
Property; ~ll obligations of Develop~r hereunder ~hall terminate;
provided, however, that any su~cessor·of Developer's interest in the
.' . i
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 in~erest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
.... _... I
.'
.,
(
."'-.--.. , ...
,. ~ ': 4r .-----. ---.---. --e-----e-
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED
Inc.
:BY . t r dM44,1U) t6~v (
As.sistant S etary
• # t
. :
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
•
VINCENT F. BIONDO, JR.,
City Attorney ,
CITY OF CARLSBAD, a municipal
cor~oration of the
,·-':'State of California
--
. !Y.---=~-~---------City Manager
• (Notarial acknqwledgement of execution by DEVELOPER-OWNER must be
attached.)
-6-
REV 4-2"82
"
Q)
~
STATE OF CALIFORNIA) "
COUNTY OF SAN DIEGO) ss:
On this 21 day of September ,1984, before me, the undersigned, a Notary
.. Public in and for said county and state, personally appeared Peter J. Hall
known to me to be the Exec. Vice President, and Nancy A. DaJ y ,
known to me to be the Admin Offcr ~~~~~, of FINANCIAL SCENE INCORPORATED,
the corporation that executed the within instrument, said persons being known to me to
be the persons who executed the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of TREETOPS UN LIMITED,
the joint venture that executed the within instrument, and acknowledged to me that such
corporation executed the same, both individually and as joint venturer of said jOint
venture, and that such joint venture also executed the same~ 4" • e lit 1 ~ ? ,. :t + " " 4
~~ZlSeal.
Notary PubLic" in and for said county and state.
! STATE OF CALIFORNIA)
roJNIY OF SAN DIFDJ) ss:
OFFICIAL SEA~
LAURA M WITHERS
NOTARY PltSLIC -CALIFORNIA
SAN DIEGO COUNlY
My comm. expires SEP 30, 1985
i On this 21st day of September, 19 84 before roo, the undersigned, a Notary Public in and
for said County and State, personally appeared Don MacKay , proved to me on the basis
of satisfactory evidence to be the Vice President, and Char] ene Robinson
known to roo to be the Assistant Secretary, of PACIFIC &::ENE, INC., the corporation
that executed the within instrt.lOOIlt on behalf of said corporation, said corporation being known
to me to be one of th~ joint ventures of 'lREEI0R3 UNLIMIT.ED, the joint venture that executed the
within instrurrent, and a.c.knowledged to roo that such corporation executed the sam:!, both indi-
yidually and as joint venturer of said joint venture, and that such joint venture also executed
the same. "
t;;:
OFFICIAL SEAL
RAE MARIE KESSLER
NOT/\RY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY '( ~S!.~!,,~
, ~" r.: i i
, I
I ... ! ----~~. -------. -'. e t~.i-A' ,",.
Rl:.JORDING REQUESTED BY AND )
WHEN RECORDED M,AIL TO: )
)
'CITY OF CARLSBAD ) . ,-
1200 E 1m Ilvenuf'-)
Carlsbad, Cali ornia 92008 )
Space above this line for Recorder's use
, . ' Do~umentary transfe! tax: $ No fee
o 'Juf~" ,Signature of declarant determlning
;'t .,x-f irm name -
.' Ci:y of Carlsb~d . Parcel No. Portion of 167-101~14
AGREEl1ENT BETWEEN DEVELOPER-OURER .
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT 1S entered into this q~fS-day of ~~ 192Y
by and between ------------------~-----------------------------------------.
Treetops Unlimited
(name of developer-owner)
a 'Joint Venture , hereinafter ref'erred to as ~(~dO~r-p--o-r-a-t~i~o-n-,~p--a-r-t-n-e-r-s~h~i-p-J--e-t-c-.-)~
• , , "Developer" whose address is' 3900 Harney Street --.--(~8~t~r~e~e~t~)~~~~~-----------------------
San Diego, Ca. 92110 and ~HE CITY OF '
'JCity, state, zip code)
CARLSBAD, a municipai corporation of the State of California,
hereinafter referred to as "City". vhos~ address is 1200 Elm Avenue,'
• • Carlsbad, California, 92008.
WIT N E SSE T H:
•
WHEREAS, ~eveloper is the owner of the real property described
, C, , '
on Exhibit "A:. attached hereto and made a part of this agreement,
hereinafter referred ~6 as "Property"; and ,. , WHEREAS, The Property lies vit~in the,boundaries of City; and
WHEREAS, Developer proposes a development project as follows: .
CQnstructi~n of 80 Apartment units. _
REV 4-2-82
" '
,1'&1)-77
--------------------~
.. ~. -------. ---------~-----. -, .. e· .
.. 'on.'.aid Property, whi?R'development carries the propose~ name of··
Calavera Hills -Village L-l
and is hereafter referred to as "Development"; and . ,
. WHEREAS, Developer filed on t.he s2..r-day of ,~~ ,
194, with the ~ ty a reques t for 1;:en.t.at..iv&.map-iwproval o£ Village· L-l
in Calavera Hills. ..
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 !acilities
necessary to serve a development will be available concurrent with
need or such development ~~all noi be approved (said element is ~nl
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize· the correctness of Cou~cil
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that th~ City's public facilities
and serV1ces are at capacity and will not be'available to accommodate
the additional need for public facilities and services resulting from
·the proposed Development; and
•
WHEREAS, Developer has asked the City to find that public
facilities and services ~ill be available to meet the future needs of -. the Development as it is presently propOsed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assis~ance to p~y for such services and
' . ..
facilities; and therefore~ Developer proposes to help satisfy the
Ceneral Plan as implemented by Council Policy'No. 17 by payment of a
,: .
public facilities fee.
-2-
REV 4-2-82
..
@.
" .
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public f~cilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or str~etures to be constructed· in the Development pur8uant
i tot heR e que st. . Th e fee s hall b epa i d P rio r tot h e iss u an ceo f
building or other construction permits for the development and shall
be based o~ the valuation at that time. This fee shall be in
• ~ddition to .any fees, dedications or' improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
Bhall pay a fee for conversion 0 f existing building or structures
into condominiums in an amount not to exceed 2% 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 ."oth'er construction
permits", "other construction'permit" and "entitlement for use" as
. used in this agreement, except ·in reference to mobilehome sites or 0.. .' . .
projects, shall no~ refer to grading permits or other per~its for the
construction of undergr9und or street improvements unless no other
permit is necessary prior.to the use or occupancy for which the
development is intended. Developer shall pay to· City a public . .
facilities fe~ in the sum of $l,lSO.for each mobilehome space to be
constructed pursuant to ~he Request. ~The fee shall be paid prior to
the iasuance of building or other construction permits for the
development. This fee shall be in addition to.any·fees, dedications
'or improvements required according to Titles 18, 20 or 21 of the
. Carlsbad Municipal Code.
-3-
. -.. ---.---~---. ----.-.---~--.---... _--------------._----
-2. The Devel0per~y offer to donate a 8ite4ltr sites for public
facilities' in lieu of all or part of the financial obligation agreed .
upon in Paragraph I above • If Developer offers to donate a site or
• ites for public facilities, the City shall consider, but is not
obligated to accep..t_ 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
aade, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City ~ill not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or.entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
'akreement in a puplic 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 simil~r public facilities fees a~e available. '
5. City agrees'to provide upon ~equest reasonable assurances to
enable Develope~ to comply with any requirements of other public .
agencies as evidence of adequate public facilities and services
lufficient to accommodate the needs of the Development herein
"escribed.
-4-
-,
~., , . . -.~.~-. Ob-lig-ati.-' hereunder shall termina'in the event the
..
. . 6 •
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 pa~ty. Any such notice shall--. .J"_ ,
Dot be effective for any purpose whatsoever unless served in one of
the 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,
addreised to the City at the address set forth h~rein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice 1S given to Developer by personal delivery
thereof to Developer or by depositing the same 1n the United States
Mail, enclosed 1n a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement-shal~ be binding upoo an~ shall inure to the
benefit of, and shall apply to, the respective successors and asslgns
of Developer and the City, and references t~ Develop~r 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 ~hould cease to have any interest in the
Property; ~11 obligations of Develop;r hereunder ~hall terminate;
provided, however, that any 8uccessor·of Developer's interest in the
I' . I
property shall have first assumed 1n writing the Developer's
obligations hereunder •.
9. This agreement shall be recorded but shall not create a lien
or eecurity in~ere8t in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
.'
.'. f, ... ~--'. •
..
_. '. _. .. -._. . -.• . -. __ . ._--. e-
r
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED
Inc.
BY ·lt~~4,n{.)6~¥~u{
Assistant S . etary
tnc~orated .
BY. /:A"# -.....-.,.~~~..:.;;..!cevr~ . .:...--__
EXECUTI ~CE PRESIDENT
BY ;1(. _ I!' (. / .. ----A-"-~::"/~.LI-\-~.~~~~;;~;: 6~:j::..j.:CI-/E-R-----
ATTEST:' -
STATE OF CALIFORNIA)
;iXXJN'IY OF SAN DIm:» 55:
C1Tr OF CARLSBAD, a municipal
corporation of the
·:~tate of California
• BY
--~C~i~t-y~M7a--n-a-g-e-r-------------------
l;:>n this 21st day of September, 19 84 before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Don MacKay , proved to me on the basis
of satisfactory evidence to be the Vice President, and Charlene ROQiason
knoMl to me to be the Assistant Secretary, of PACIFIC SCENE, 'INC., the corporation
that executed the wi thin lDStnment on behalf of said corporation, said corporation being known
to me to be one of the joint ventures of 'lHEEI0R3 UNLIMITED, the joint venture that executed the
within instl"Ull'ent, and acknc:iwledged to me that such corporation executed the same, both indi-
vidually and as joint venturer of said joint venture, and that such joint venture also executed
the same.
OFFICIAL SEAL
RAE MARIE KESSLER
NOTARY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY (: M~.comm. expires _;.~!,,:~
--.. -~----KrJUWrJ LU rf1~ LU U~ LrJ~ .A.am.LTl UIIcr .3).~'~, VI r 11'l1-\1'l~.1I-\'-..;J~L..:.I"L-.11 ,,'-''-', .... , '-'I '-'"""' I 1-...... ,
the corporation that executed the wi thin instrument, said persons being known to me to
be the persons who executed the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of TREETOPS UN LIMITED,
the joint venture that executed the within instrument, and acknowledged to me that such
corporation executed the same, both individually and as joint venturer of said jOint
1 venture, and that such joint venture also executed the same~~ __ ""'~~-'odIIrp;:_~~"':::"=-d
OFFICIAL SEAL
"
W~ITNE.SS. my hand an~off~cial seal. '---=*'U'--.~. LAURA M WITHERS
-: •. NOTARY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY
My comm. expires SEP 30, 1985
Notary PubLic in and for said county and state.
"
7649-H
TITLE CO.
REFERENCE
RI ENGINEERING COMPANY I NG CONSULTANTS AND CIVIL ENGINEERS
5 6 2 0 F R I A R S R 0 AD. SAN DIE G O. CAL I F. 9 2 1 1 0 - 2 5 9 6
TELEPHONE • AREA CODE 619 • 291-0707
FOR'
CALAVERA HILLS VILLAGE "L-l"
Being a portion of Lot J of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Map 823, filed in the Office of the County
Recorder of San Diego County November 16, 1896, said portion
more particularly described as follows:
Beginning at the Southeasterly corner of Carlsbad Trac·t 82-16,
according to Map No. 10860, filed in the Office of the County
Recorder of said County February 28, 1984; thence along the
Easterly boundary of said Map, being also the centerline of
Tamarack Avenue North 18°37'12" West a distance of 688.69 feet
to the beginning of a tangent 300 foot radius curve concave
Southwesterly; thence ·Northwesterly along the arc Of. said curve
through a central angle of 15°04'39" a dis~ance of 78.95 feet
to the TRUE POINT OF BEGINNING, a radial line to said point
bears North 56°18'09" East; thence continuing Northwesterly
along the arc of said curve through a central angle of 20°19'00"
a distance of 106.38 feet; thence leaving. said curve and said-
Easterly boundary of Map No. 10860, along a non-tangent line
North 07°56'12" East 306.75 feet; thence North 68°54'47" East
700.28 feet; thence South 80°35'00" East 92.15 feet; thence
South 04°01'32" West 507.85 feet; thence North 87°15'10" West
77.00 feet; thence South 79°14'50" West 611.50 feet to the
TRUE POINT OF BEGINNING.
Containing 7.762 Acres
•
RICK ENGINEERING COMPANY I PLANNING CONSULTANTS
AND CIVIL ENGINEERS
5620 FRIARS ROAD • SAN DIEGO. CALIF. 92110-2596
TELEPHONE. AREA CODE 619 • 291-0707
TO C\T"( or ~.:;.1O~'P
17~. ot:: ~N' I'Jb t Wt> ~
{12-00 GL44 ~-NVS
GENTLEMEN:
WE ARE SENDING YOU 0 Attached 0 Under separate cover via _______ the following items:
o Shop drawings
o Copy of letter
Dated
).t Prints
o Change order --
o Plans 0 Samples 0 Specifications 'P. VI Ac cutz,. ~-p~~ V€.
COPIES DATE NO. DESCRI PTiON
I O'\2..lG;>I N~ A/p1? LA r -J!S;;irtoN 1=0~
I~ e"W~i J~ ~~\Je, u.f.:¥? -Fo~e:o eY'; X l lib
IS "eWe1-l Jr"'" .-.J< ~~ 6\~ 'P~ I '-'foct.J'D~e-.. 1?~ I
G::Lef~oe.J.s -+ ~ofZ-'Pl.A1J s feY: /I .1 til Foc....::t:X--D 2.. "X.
I ~c..~ ~ ~l1E;~'-~ ,. ~k~ON eY~'lx' c II
I • \t~ ~~o~ ~~ Mol N 1.:Jr?"N , l-o~~ M.~
I ~ V leoN ),";",.--r..f~ ~M.C,,~ Fo~
THESE ARE TRANSMITTED as checked below:
o For approval 0 For Checking o Resubmit __ copies for approval
o For your use 0 Approved as submitted o Design only, not for construction
o As requested 0 Approved as noted o Return __ corrected prints
o For review and comment 0 Returned for corrections o _________ _
o For Your Action
REMARKS _____ ~----------------------------
I O\2.l&tNAL " 'Go?V ~6;J~:ro 'P'f*( P~c.. ~tf-.rT'l~ ~ &)oj \2.AO I U So M-Ac'F"
COPY TO
OAweo
If enclosures are not as noted, kindly notify us at once.