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Home My WebLink AboutSP 25B; TIO PEPE'S RESTAURANT; Specific Plan (SP) (2)CITY OF CARLSBAD PLANNING DEPARTMENT/RECORDS MANAGEMENT DOCUMENT MANAGEMENT SYSTEM SCANNED/IMAGED SHEET The following documents are scanned and indexed into the Document Management System: INITIAL DOCUMENT(S) IMAGED BY IMAGED DATE t'I -1-Th /11 i o Pc IMAGED • OCT 172006. CITY OF CARLSBAD PLANNING DEPARTMENT ADDED DOCUMENT(S) IMAGED BY IMAGED DATE PAGE Revised March 30,2001 ) REQUEST Ozone Change 0 General Plan Amendment OTentative Tract Map OPlanned Unit Development OMajor Condominium Permit QMinor Condominium Permit DMaster Plan DMajor Condominium Conversion DMaior Redevelopment Permit (check other boxes if appropriate) 0 Minor Redevelopment Permit []Precise Develoç*rent Plan ]Specific Plan Amendment 0 Site Developiient Plan 0 Conditional Use Permit 0 Variance OPlanning Cojmnission Determination 0 Special Use Permit DAdrninistrative Variance Complete Description of Project (attach additional sheets if necessary) The applicant proposes an amendment to a Specific Plan to allow the addi- tion of an outside patio(1740± sq. ft.) and the closure of 650± sq. ft. of dining room space. The applicant will be utilizing the attached parking agreement with Colonial Mall to accomodate the required parking. Locjon of Project Or'each-side of Pio Pico approximately 150 south of the intersection of Pio Pico and Elm Avenue. Legal Description (conpiete) Parcel B, in the City of Carlsbad, County of San Diego, State of California as shown at page 3598 of Parcel Maps, recorded in the Office of the County Assessors Parcel Nurrer _Recorder of San Diego County, 2/28/75. 156-180-44 Zone General Plan Existing Land Use C-2 TS Commercial Proposed Zone Proposed General Plan Site Acreage C-2 TS 0.8± Acres Owner Applicant ame (Print or Type) Name (Print or Type) Seta Boyadj Ian Same as owner Mailing Address Mailing Address c/o Tip Pepe's Restaurant 3050 Pio Pico Drive City and State Zip Telephone City and State Zip Telephone Carlsbad, CA. 92008 II CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE I THAT ALL THE ABOVE INFDRMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT W THE BEST OF MY KNOWLEDGE. AND CORRECT 2D THE BEST OF MY KNOWLEDGE. SIGNP[RE ' DATE I SIGNATURE DT _jt Dae i\pplication Red'dJ I Recei.vcd By Fees Received (Receipt No: - ____ . 40 POLICY OF TITLE INSURANCE I BY POLICY NUMBER COMMONWEALTH LANEY' 605 -097320 TITLE INSURANCE COMPANY A Reliance Group Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketabiity of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned on Schedule A by an author- ized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: / By Secretary President EXCLUSIONS FROM COVERAGE 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. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental -regulation. 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) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy 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. CLTA Standard Coverage Policy Form - 1973 Page I • SC}EPL!LE HtI POLICY NO. 60-097320 ORDER NO. U-P69002-1 AOW'T OF INSURANCE: $660,002.00 PREP, U: $1,30.00 DATE OF POLICY: June 24, 1982 at 2:19 PJ. 1. NAVE OF INSURED: SETA ROYADJIAW; R0I3ERT L. IIATSON AND 7APJORIF L. WATSON 2 • THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED SY THIS POLICY IS: A FEE 3. THE ESTATE Cfl INTEREST RtFEPED TO HEREIN IS AT t)ATE OF POLICY VESTED IM: SETA BOYADJIAN, a married wonan as her sole and separate property 4. THE LAND REFERRED TO IN THIS POLICY 15 SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND DESCRIBED AS FOLLOWS: Parcel B, in the City of Carlsbad, County of San Diego, State of California, as shown at page 3598 of Parcel Maps, recorded in the Office of the County Recorder of San Diego County, February 23, 197c. FILE Nti?'DER r OO2-1 POLICY tI!RER W-oq732o SCHEDULE R 1. GENERAL AND SPECIAL COUNTY AND/OP. CITY TAXES FOR THE FISCAL YEAR 19C2-3; A LIEN NOT YET PAYABLE. 2. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HICHHAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN PELINCt.JISHED BY PEED RECORDED: February 2!, 1969 as File No. 34361 of Official Records 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT P'CLUPE ANY RIGHT OF INGRESS OR EGRESS TO OP. FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED RECORDED; June 2, 1972 as File No. 14079 of Official Records 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED TO: THE CITY OF CARLSDAD RECORDED: June 19, 1972 as File No. 156150 of Official Records S. A COVENANT AND AGREEMENT EXECUTED BY: THE CITY OF CARLSRM) IN FAVOR OF: CARLSBAD INVESTMENT CORPORATION ECCRDEP: June 27, 1972 as File No. 164594 of Official Records YHICU, AHONG OTHER THINGS, P ROVIDES: AN .4CREE?ENT FOR IPIPROVEHENTS IN A PUBLIC RIGHT OF HAY 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: THE SAN DIEGO GAS & ELECTRIC COMPANY, a corporation FOR: The transmission and distribution of electricity RECORDED: August 4, 1972 as File Ho. 204783 of Official Records AFFECTS: Said easement and right of way shall be 6 feet or more in width, being 3 feet measured at right angles, on each side of each and every electric utility facility installed within the aforedescrihed lands on or before Septenber 15, 1972. Grantee may from time to time after said date Install within the easement and right of way additional electric utility facilities." SECURE AN I11DEBTED4ESS OF THE AMOUNT ANY OTHER AMOUNTS PAVADLE UNDER THE Septerber 27, 1978 $320,00,..00 ROBERT L. WATSON AND MARJORIE L. ATSO?4, husband and wife FIRST NATIONAL BANK OF SAN DIEGO COUNTY, a National Banking Association FIRST NATIONAL BANK OF SAN DIEGO COUNTY, a corporation RECORDED: October 2, 1978 as File/Page lb. 7S-417833 of Official Records 9. A DEED OF TRUST TO STATED HEREIN AND TERMS THEREOF DATED: AMOUNT: TRIISTOP: TRUSTEE: BENEFICIARY: ORDER NO U_,3r..1 SCHEVULF o, C1, I11UED... 7. A non-exclusive casement for parking purposes sufficient to accommodate 50 autonahfles, including necessary ingress and egress as granted to City of Carlsbad, a municipal corporation. Said eent is restricted in use to the hours between 2 a.n. and 6 a.m. Said easeoent shall terminate in the event that the ordinance of the City of Carlsbad no longer requires the provision of said amount of parking spaces in connection with the use being made of the suhect property. 8. AN AGREEMENT TO WHICP REFEP.ENCE IS HEREBY NADE FOR FULL PART lOUt ARS DATED: Pay C, 1974 BY AND RETEEN: CARLSBAD INVESTMENT CORP0P.ATIO1 AND COLONIAL HALL, LTD,,a 11rrltcd partnership RECAPPING: J0IT PAPJINO FACILITIES AND GRANT OF RECIPROCALPAcUIMC EASEMENTS RECORDED: May 20, 1974 as File/Page No. 74- 131027 of Official Records ANt. AS 'MODIFIED RY AN IN$TRuPE'4T RE CORDED:- Ianuary 13, lfl2 as File/Page No. 82-008986 of Official REcords REFERENCE IS MADE TO SAID DOCUNENT FOR FULL PARTICULARS, 10. A DEED OF TRUST TO SECURE AN INDEI3TEONESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: Auo.ust 6, 1980 AMOUNT: t 100,0O01 .O01 TRUSTP°: ROBERT L. WPTSO? AND NAPJORIE L. WATSON, husband and wife TRUSTEE: FIRST NATIONAL RANK OF SAN DIEGO COUNTY, a National Ranking Association BENEFICIARY: FIRST NATIONAL BANK. OF SAN DIEGO - COUNTY, a National Banking Association RECORDED: August 15, 1980 as File/Page Ho. 80-261298 of Official Records ORDER NO. U-( •1 S SCHEDULE B, CONTINUED... 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: June 8, 1982 AMOUNT: $594,000.00 TRUSTOR: SETA BOYADJIAN, a married woman TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation BENEFICTARV: ROBERT L. WATSON AND tAPJORIE L. VATSON, husband and wife as comrunity property RECORDED: June 24, 1982 as File/Page to. 02- 195250 of Official Records 12. AN ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE CASE NO.: 3G7308 DEBTOR: JEAN-CLAUDEMARENOC SETA DOYADJIAN CREDITOR: SItIPSON & GERBER, INC. AMOUNT: $6,CRR.61 ENTERED: June 7 0 1977 RECORDED: October 24, 1977 as File/Page No. 77-437814 of Official Records 13. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: BOYADJIAN, SETA YEAR AND ACCOUNT NO.: 1980, 00031 AMOUNT: 553.60 COUNTY: SAN DIEGO RECORDED: November 5, 1980 as File/Page Mo. 80-372436 of Official Records 14. AN ABSTRACT OF JUDOMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE CASE NO.: 283500 DEBTOR: SETA BOYADJI.AN, AKA JEAN CLAUDE MOPENCO, AKA JACKIE 0. Individually and OBA JACKIE 0's RESTAURANT & DISCO CREDITOR: AAA CREDIT SERVICE AMOUNT: 51,160.90 ENTERED: November 12, 1980 RECORDED: Noveciber 14, 1980 as File/Page No. 80-384057 of Official Records ORDER NC. tI-( O• SCHEDULE R, C0irfItJED... 15. AU ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AP#OUNTS DUE CASE NO.: 216601 DE8TOP: SETA ROYADJIAN IIAP.ENCO, individually, and JEAN CLAUDE HARENCO, aka J.C. MARENGO, individually, and both OBA THE HAPPY FRENCHMAN CREDITOR: SAN DIECO WHOLESALE CREDIT MEN'S ASSOCIATION', a corporation AMOUNT: $1,073.65 ENTERED: August 5, 1975 RECORDED: 0 September 22, 1975 as File/Page No. 75-257615 of Official Records 16. A LIEN FOR THE ANOWIT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED RY A CERTIFICATE FILED Y THE TAX COLLECTOR OF THE COUNTY HEREIN tELDW MENTIONED, AGAINST TAXPAYER: MARENCO JEAN CLAUDE OBA THE MAD CREEK YEAR AND ACCOUNT NO.: 78 922151 AMOUNT: $34.69 COUNTY: San Diego RECORDED: April 19, 1982 as File/Page No. 82-108647 of Official Records 17. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS Nit, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: MAREGO JEAN CLAUDE DA THE AD CREEK YEAR AND ACCGUMT NO.: 78 947610 AMOUNT: $1,205.41 COUNTY: San Diego RECORDED: May 26, 1982 as File/Page No. 82-159830 of Official Records 18. AN ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AHOW1TS DUE CASE NO.: 266161 DEBTOR: JEAN CLAUDE MARENCO CREDITOR: AUTOMATIC SPRINKLER CORPORATION OF A"[PICA, a corporation AMOUNT S601.77 ENTEPEP: May 29, 1979 RECORDED: June 6, 1979 as File/Page No. 79- 232550 of Official Records ORDER NO. (i-( 02-1 SCHEDULE B, CONTItIIJED... 19. AN ABSTRACT OF JLIOCMENT FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS. DUE CASE NO.: 280406 DEBTOR: • JEAN CLAUDE tAREHCO aka J. C. MARENCO Ind. & dba THE MAD CREEK CREDITOR: PROFESSIONAL SPORTS PUBLICATIONS, INC. AMOUNT: S2,024.92 ENTERED: 7/10/80 RECORDED: July 18. 1980 as File/Page No. 50- 227054 of Official Records 20, AN ABSTRACT OF JUDGMENT FOR THE AMOUNT HEREIN STATED ANT) ANY OTHER AMOUNTS DUE CASE NO.: 257049 DEBTOR: Jean Claude Marengo CREDITOR: San Die90 Sign Company MIOUNT: $2,7112.62 ENTERED: 9/28/79 RECORDED: March 13, 1950 as File/Page No. 80- 007397 of Official Records 21. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: MARENCO JEAN CLAUDE OBA THE MAD CREEK YEAR AND ACCOUNT NO.: 73 909130 P.MOUNT: $40.68 COUNTY: San Diego RECORDED: January 17, 1979 as File/Page No. 79-027196 of Official Recods ,,oiltl. i$• rp. I' ,..;.'• t, • l('!) ta • •s,I - L.,. - 4 ... S a ii C i;'r i.tr ad ir, N r-!i n:e h. curacy oT urjs Wh;.h r.fer COMMONWEALTH LAND TITLE INSURANCE corM II / //. /,/E9 AL / / /03O / .4 ,?. '4RCEZ A 7O - 7 7. .. P'' • Afr , /lr ;;-•- e'e owe .4 7.t 5•. k ve 17 -. - - CIVV F CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 4385551 :::::0M\ ' oATEL V A/C. NO. DESCRIPTION AMOUWr . \• _____ ( •4' - __ - 01. 34148 V 6 .1 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 he 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. 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 (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate 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. If after the information you have suQmittec has been reviewed, it is Qecermined • that further information is required, you will be so adv4 .. APPLICANT: Jean Claude Marengo Name (individual, partnership, joint venture, corporation, syndication) 3050 Pio ico Drive; Carlsba.d, CA 92008 Business Address 44•14f • -. Telephbne Number -. AGENT: Name • Business Address Telephone Number - - -: • MEMBERS: Name '(individual, partner, joint Home Address • S venture, corporation, syndication) Business Address - - Telephone Number Telephone Number Name Borne Address - Business Address S - .Telephone Number Telephone Number S (Attach more sheets if necessary) I/tTe declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. 46 by Agent, Owner, Parnr o EXHIBIT 11 A" LEGAL DESCRIPTION Parcel B, in the City of Carlsbad, County of San Diego, State of California, as shown at page 3598 of Parcel Maps, recorded in the Office of the County Recorder of San Diego County, February 28, 1975. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 156-180-44 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20thday of October , 1983 by and between Seta Boyadjian (name of developer-owner) a Sole owner , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is do Tio Pepe's Restaurant 3050 Plo Pico Dr. (street) Carlsbad, CA. 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City"., whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S SETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: A specific plan amendment that will allow a 1340.± sq. ft. patio with the closure ot 650± sq. ft. of dining room space. REV 4-2-82 .• . on said Property, which development carries the proposed name of Tio Pepe's Restaurant and is hereafter referred toas 'Development"; and WHEREAS, Developer filed on the 20th day of October 1983 , with the City a request for SpecifDtá Plan Amendment hereinafter referred to as "Request"; and WHEREAS the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and-services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; andtherefore, Deyeloper 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 N NOW, THEREFORE, consideration of the rec•als and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o 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 "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee sha.11 be in addition to any fees, dedications or improvements required according to Titles 18,20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 0 6 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 facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the Lees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services • sufficient to accommodate the .needs of the Development herein . described. 6. All obligation•ereunder shall terminateSn the event the Requests made-by Developer are not approved. 7. Any notice from one party to the other shall be in writing s and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure 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 have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien 'or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5-. REV 4-2-82 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Jean Clude Marengo for Seta Boyadj Ian (name) BY Title BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORf: APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CityAttorney By - Daniel S. Hentsch e Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) I REV 4-2-82 CAT. NO. NN00627 TO 1944 CA (7-82) TfltE INSURANCE AND TRUST (Individual) AIICOR COMPANY STATE OF CALIFORNIA COUNTY OF San Diego SS. On October 24, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Jean Claude Marengo IF personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name __________ subscribed to the within instrument and acknowledged that he exe- cuted the same. WITNESS my hand and official seal. OFFICIAL It RIC VIER NOTAR IFORNIA TY My co 26, 1986 Signature (This area for official notarial seal) -: 'S . S EXHIBIT"A ll LEGAL DESCRIPTION Parcel B, in the City of Carlsbad, County of San Diego, State of California, as shown at page 3598 of Parcel Maps, recorded in the Office of the County Recorder of San Diego County, February 28, 1975. CASE NO.: Sf 5 6 ) DATE RECEIVED: 7/ Y 3 APPLICPNT:_____________________________ REQUEST: U 7IPO4L EXEMPT OR EXCEPD:________________________ Posted: Compliance: Filed: Filed: NEGATIVE DECI?RriTION:__________________________ Posted: I I - Published: _- _ _ Notice of Determination:________ ENVIRONMENTAL IMPACT REPORT:___________________ Notice of Notice of Notice of Preparation: Determination:__________ PLANNING COMMISSION 1. Date of Hearing: c- 2. Publication: /.2—(4 3. Notice to Property Owners: 4. Resolution No._________________________ (Continued €à: 5. Appeal: øki —41IM CITY COUNCIL 1. Date of Hearing: ,.5/,, /8 / 2. Notices to City Clerk: 2-Q-_f 3. Agenda Bill: 4. Resolution No. 5. Ordinance No. We Date:/ACL Date: . j 115 A - C-ç-Q ACTION ô—z-€ c7,3 Staff Report to applicant: Resolution to Applicant: / '4 e 25 Lu 'KNQWLES., - - .-- AVE 11 1 I - a I'- 'I, .5' 'VI5 .SHT. Z t4 cr 2® ®15 208 C29 k------ -- - tOO — -t b3 S 30 0 1 41.1 - LAGUNA 4 .-j 2t.31 DR .SAN DIEGO COUNTY ASSESSOR'S MAP BK 55 PG 27 MAPPED FOR ASSESSMENT PURPOSES ONLY -; In --j - - U.' Z" - - ------ - Z 0 1 MAP 3382 - KNOVLES PARK — LOT MAP 486 — SUNNY SLOPE TCT — POR BLKS 7-9 SEC 6 — T12S'R4 — POP POR NE 1/4 OF 4S -kE As .1 WRACOSTA MFp I2JHr '%1- 1-c-tf1: NO L&J.tA1; _-• ç 0 1',-°: I OOGA CY to I I • 50, LAS 11 V g: C M 0 1 COUNTRVT., CLUH "mu CRC pj/ - - 4 ur CARLS PLAZA PLAZA AMINO £4 M P 8K A SEE , ED M RON CARLSBAD 3 :L -. RD LN _/\10 \0 - — ------------ . — (Y U 3 . '?a ,fls GHANAOA A' A 0 A ol Ail H V DW ç5rmts Dc - -- - V N CO A •' • • - •f0 •5' 'AU '44. -4 1! 0 *0 15 9 DO.? A f•• Si 9"o Ip u C> a IA\;J jr IENYc con - _— 0 ----- - VV•• £454 1(2101104 '(ALDeN 0r 11 G C' -- — — — -- - nr SEE AS I. LUCKY ST 2. I3ARSIIALI. ST . <P iEHOl.W BLILESEHILGSLW StAND 1. CLUE LW 51100 C ID. MANHOOD LW . It II. HILLS LII IIN. L IDE AKEWOOD LW IS- S. ORC(NW000 LW II. ELMW000 LU V a 1,1: LIM r1l ST SEE PIN CHOW IA 015 3 NOOMANOY IN -. 7 •1. 4 S 4 PACIFIC DV 9' CL' • ' I UGHOFIELO < A . I cA I P'. A - --.----_----------.--.--------- "st I CAULSMO SPATE aoscj. ell- LOCATION MAP RICK ENGINEERING CO. 3088 PlO PICO DRIVE CARLSBAD, CA. 92008 J-8863A 6-9-83