HomeMy WebLinkAboutZC 218; HAWORTH, EDWARD, E. E SIERRA MORENA AVE. BETWN CHESTNUT AVE AND TAMARACK AVENUE; Zone Change (ZC).. ------.
Receipt NO.~~
~/7~~O APPLICATION NO. ZONE CHANGE
CITY OF CARLSBAD
(Please Type or Print) Date: April 21, 1980
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1. REQUEST: Zone chang.e from the present existing A-l(8) County
zone (s) to the '\2.-\ -\(),QQu ~_JJl:J. zone(s)
2 e LOCATION: The subject property is generally locat.ed on the
Easterly· side of Sierra Morena Avenue between Chestnut AVe.
and' . Tamaracj< Avenue.
3. ASSESSOR'S NUMBER: Book __ 1_6_7.,.... Page Parcel ---100 07
Book Page ----Parcel (If more, please
list on bottom of this page).
4. PROPERTY OWNER'S SIGNATURE Address City Zip Phone
~~:;::@;X:'~:i:::::l:::::: ::::: ::::~::::::::::.C~2108
5. APPLICANT'S SIGNATURE:
I hereby declare that all informaton contained within this
application is true.
NAME ADDRESS CITY ZIP PHONE
Edward E. Haworth 31882 Camino Capistrano, Suite 270, (714) 661-6212
San Juan Capistrano, CA 92675
REPRESENTING (Company or Corporation)
Haworth, Carroll & Anderson, Inc.
RELATIONSHIP TO PROPERTY OWNER(S) Project Coordinator
6. Is this request consistent with the General Plan and applicable
Specific Plans? Yes ---------------------------------------------------
PLEASE NOTE: As per Section 21.52030 of the City Code, the
Planning Director must fitld that this request is consistent
with the General Plan o~ applicable Specific Plans, or the
application shall not be accepted. This determination may be appealed to the Planning Commission and City Council.
The City of Carlsbad's Planning Department would appreciate the
opportunity to work with the applicant throughout the planning'
stages of the proposed development. In an effort to aid the
applicant, the Planning DeparG~ent requests that it be given an
opportunity to evaluate and discuss the application and plans
prior to submittal. This request is not a requirement; however,
it may avoid major redrafting or revision of the plan which only
serves to lengthen the processing time.
ATTACHMENTS: Supplemental Information Form -Planning #21
Preparation Check List -Planning #30
Procedures -Planning #36
FORM 3 PLANNING Date of Planning Commission Approval
.
.
,
. . -CITY OF CAR •
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
729.1181
RECEIVED FROM DATE S·· j-J?6
ADDRESS -
A/C. NO. DESCRIPTION AMOUNT .-~ !
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APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of submitting.their application.
When this form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the info~mation 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 general 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 share-
holders 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 syndicate address, and the full names and addresses
each individual shareholder or syndicate member. Should the corporation 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.
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If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT:
AGENT:
MEMBERS:
Haworth, Carroll & Anderson, Inc.
Name (individual, partnership, joint venture, corporation, syndication)
~1882 Camino Capistrano, Suite 270, San Juan Capistrano, CA 92675
Business Address
(714) 661-6212
Telephone Number.
Name
Business Address
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Business Add~ess
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
. Home Address
Telephone Number
(Attach more sheets if necessary)
I/We 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.
Haworth, Carroll & Anderson, Inc.
Applicant
BY
1)
2)
"
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SUPPLEMENTAL INFORMATION FORM
CHANGE OF ZONE
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Gross Acres (or square footage if less than acre) 45.48 acrel
P. u. D. -Ci ty 7 Present Zone A-l (8) County __________________ Proposed Zone
3) General Plan Land Use Designation
City of Carlsbad General Plan
Residential: Low-Medium Density (0-4 DUlAC)
4) Source of Water Supply existing City lines along Sierra Morena Ave. and Pontiac
Dr.
5) Method of Sewage Disposal is sewer system proposed to connect to Lake'
Calavera Hills sewage tre,atment facility.
6) Types of Protective Covenants to be Recorded maintenance agreement for
common open space, recreati"on and storage facilities.
7) local street Transportation Modes Available to Service the Development
connections to Valewood Avenue (Tract 6693) and Pontiac Drive (Tract 8585).
8~ School District Serving the Property Carlsbad School District
9 1 This application for a Change of Zone is supported by the
following reasons:
al Such a Zone Change is warranted because request is' for prezvne in
" conjunction w'ith 'the'ann'exation of the property to the City-of -Carlsbad.
Such a Zone Change will be in the interest of furtherance of
public welfare because such 'wi'll 'i nsure ,development 'of the property
"consistent'with existing' uses of ' the area and the'tity's adopted General Plan.
c1, The permitted uses in this proposed reclassification will not be
detrimental in any way to surrounding properties because -----'a~j6inib~ ~~ope~tfe~'~ti d~~eloped with 'sin~le fa~fly ~esidences as proposed
, for the prOperty. The unit'density for the property will be less than the adioinibg areas.' ' , " "
d1 The property in this application is more suitable for the
proposed zone than the existing zone because property has not
, " 'been uti 1 i zed for 'agri,cu'lture' for some time and waul d not in the future
, 'due to 'increasing land 'costs and the' relatively small' size' of the property.
e) What were the original deed restriction, if any; concerning the
type and class of permitted uses on the subject property?
{Give expiration date of these restrictions). None
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FORM PLANNING 21 DATE OF PLANNING COMMISSION,APPROVAL
· . )
PREPARATION CHECK LIST
GENERAL PLAN AMENDMENT/ZONE CHANGE
DOCUMENTS REQUIRED FOR SUBMITTAL:
1) Application with supplemental information sheet completed.
2) Environmental Impact Assessment or Report with Fees (if required).
3) Photostaui.c copy of deed with complete legal description of
subject property or. other form of description acceptable to the
Planning Director.
4), Fee: $100.00 plus $5.00 per lot.
5) 300 Foot Radius Map - A map to scaie not less than 1" = 200'
showing each lot within 300 feet of the exterior boundaries of
the subject property, and each lot within 300 feet of the
exterior boundaries of the subject property shall be consecutively
numbered to correspond with the property owner's list.
6) Property Owner's and Occ'upa'nt's List -Two copies of a typewritten
list on self-adhesive (Avery) labels of the names and addresses of
all persons owning property (as shown on the latest equalize
assessment roll) and persons in possession, if different, within
a 300 foot radius of the exterior boundaries of the subject
property. The l~test equalized assessment roll is available in the
office of the Assessor of San Diego, 1600 Pacific Highway,.
Room 103, San Diego, CAo, 236-3771.
7) Disclosure statement.
8) A written statement by the City Engineer that he'finds there is
adequate sewer capacity available for the proposed use at the
site or that he finds that the proposed use and site can be
adequately served by alternative City approved onsite sewer
·system. Applicant, please note, this determination must be
done prior to SUbmitting application and it may require prep-
aration on your part to provide sufficient evidence to the
City Engineer. It .is suggested you make early .contact with the
Engineering D~aprtment for such determination.
9) For residential projects within Vista, San ~1arcos, Encinitas-or
San Dieguito School Districts, the applicant shall indicate
whether he prefers land for school facilities, to pay a fee in
lieu thereof, or do a combination of these o If the applicant
prefers to dedicate land, he shall' suggest the specific land.
For residential projects within the Carlsbad Unified School
District, the applicant shall submit written confirmation that
school facilities will be available and serve the p~ject at
time of need.
10) Public Facility Secured Agreement: Secured agreement with
application submittal. ...
11) 1 copy of colored site plan: elevation plans
12) Reduced 8~"xl1" site plan and elevatiqns.
13) 8~"xll" Location Map
FORM PLANNING 3 a
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PROCEDURES
1) Application to Planning COlnmission: In an effort to aid the
applicant, the Planning Department requests that it be given an
opportunity to evaluate and discuss the application in its various,
stages of development prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
communication is acceptable. It is the responsibility of the
applicant to make the initial contact for such meeting. .
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3} Review: After accepting the application staff will submit it to
the department review board (DCC) to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
4) Notice: Upon completion of the application review, the applicant
will be informed by letter if fu~ther information is required if
any, or if the application is complete what date it will be heard'
by the Planning Commission.
5} Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended review dates as well as Planning
Commission hearing dates. The date your 'request will be heard is
selected from this calendar. You may acquire this calendar at the
Planning Department.
6) Staff Review: Staff prepares a report for the Planning Conrnission.
(
This report is reviewed by the Departmental Coordinating Committee
'(DCC), which is made up of representatives from the departments of
Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
ommendations will be available at the Planning Department five days
prior to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date) .
7) Hearing: The Planning Commission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Commission will either make a recommendation and forward,
to City Councilor take final action.
~) Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
tlO) days after the Planning Commission action. The applicant
should review with staff the procedure' on the various types of
applications.
9) Final Decision: The City will noti'fy the appli~ant and proper'ty
owner of the ~inal decision.
FORM: PLANNING 36 DATE OF PLANNING CO.HMISSION APPROVAL DEC. 6, 1978.
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SECURED AGREEMENT BETWEEN
OWNER AS DEVELOPER AND CARLSBAD UNIFIED
SCHOOL DISTRICT
THIS SECURED AGREEMENT is entered into this _____ day of
__________ , 198~, by and between 11
FALCON INVESTMENTS, INC.
(Name of Owner)
. L & M ~~FES,IONM CONSUl TAtUS. (Name o. eve oper) INC.
a Corporation (6 .
(Corporation, Partnership, Etc.
heoreinafter referred to as "Developer", whose address and phone number
is 5333 Mission Center Road, Suite 310
(Stre~t)
San Diego, CA 92108
(City, State, ·Zip Code)
and
,
(714) 297-5480
(Phone Number)
CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California,
hereinafter referred to as "District"~ whose address is 801 Pine
Avenue, Carlsbad, California 92008
WIT N E SSE T H:
A. WHEREAS, Developer is the owner of the rea.l property described
·on EXHIBIT "A" attached hereto and by this reference incorporated herein
by reference, and hereafter referred to as "Property" Y; and
B. WHEREAS, the Property lies within the boundaries of District; and
C. WHEREAS, Developer proposes to construct 3/ 105 Single Family Residences.
on said Pr~perty, which development carries the proposed name
f Falcon Htlls d . o ______________________________________________________ a.n 1S
hereafter referred to a IIDevelopment"; and
D. WHEREAS, De ve 1 oper--r:=--:-_--:-.-___ :----::,.--____ ....-:-::--,
(Filed on the day of , 198 __ ) -------
intends to file with the County of San Diego and/or the City
"7"( ;:-1 n-:t-e-n d's---:-to---;f::-;-i"i"l e~)r----
of Carlsbad a request for Y Prezoni"ng (frorT) A-l (8) County to Planned Unit
~Development--Ci·ty) and Tentative Tract Map
E. WHERE~S, Developer and District recognize that school facilities
and services will not be available to accommodate children who may subsequently
" move into the proposed development; and
F. WHEREAS, Developer has requested of the District assurances that
school facilities and services will be available to meet the needs of the
future residents of the development as it is presently proposed and the
"Developer is aware that the District cannot, and will not, be able to give
Developer any_such assurances without financial assistance to pay for such
services and facilities; and
G. WHEREAS, the Developer agrees to provide such financial assistance
in accordance with th~ terms of this agreement and the District agrees to
provide assurances that school facilities and services will be available
to"meet the needs of the future residents of the development as it ;s
presently proposed.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
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1. The Developer shall pay to the District the sum of
One Thousand, twent -nine and no 100-------------------Dollars
Or whatever sum is in effect at the time building permits are
for each dwelling ~nit to be constructed in the Development. The number of
Dwelling units to,be constructed shall be determined from the approved
subdivision map of the Development, as recorded in the Office of the County
Recorder. The term "dwelling unit" as used in this agreement means a place
of residence and may be located in either a Single or multiple dwelling
unit build~,:ng. Such payments shall be made in accordance with the following
provi s ions ,:
,',
1..1 The total amount due hereunder shall be paid to the District
in installments equal to $ 1;029 times the number of dwelling units
(Dr whatever sum is in effect at the time building permits are issued)
for which building permits are issued until the total amount as specified
in paragraph 1 above has been paid or until the agreement has been
canceled by mutual consent due to the abandonment df a portion of the •
Development. Such installments shall be due and payable to the 'District .
concurrent with application by Developer for issuance of said building
permits.
1.2 Any payments not made by the Developer when due and payable
shall bear interest at the rate of seven (7) percent per annum.
2. The Owner and Developer may in the future offer to donate a school
site in lieu of all or part of the financial obligation agreed upon in
paragraph 1 above, which offer the District shall consider but is not obligated
to accept.
3. To secure Developer's obligation hereunder, Developer shall provide
to District the securities called for in subparagraph 3.1 or 3.2 or 3.3:
®
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3.1 A surety bond in favor of District in a form acceptable
to District from an insurer acceptable to District in the sum' of
$ ________ to insure Developer's performance of the terms of
this agr~ement. i/
3~2 A bank or savings and loan time certificate of deposit in the
amount of $ in a form acceptable to District naming
the District as an irrevocable assignee for the term of this agreement,
and expressly providing that any interest accruing on the time certificate
of deposit shall be solely the property of depositor and the District
shall have no rights to any such interest. ~
3.3 Such other security as may be acceptable to the District. 5/
4. District agrees to provide school facilities and services which will
be available to meet the needs of the future residents of the areas to be
developed as described herein. District further agrees to provide in writing
,for Developer, and upon Ais request, assurances necessary to enable Developer
to comply with any requirements of public agencies as evidence of adequate
s.chool facilities and services sufficient to accommodate the needs of the
developments herein described.
5. All obligations hereunder shall terminate in the even~ 6/_0~f~ __ __
denial of the prezone and/or tentative tract map applications.
and the District shall within ten (10) days' after written notice to District
by Developer, deliver to Developer necessary documents for releasing the
security provided to District pursuant to paragraph 3 hereof.
6. Any notice from one party to the other shall be in wrjting, and
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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:
6.1 If notice is given to the District, by personal delivery
thereof to the District or by depositing the same in the United States
Mail, addressed to the District at the address set forth herein, enclosed
in a sealed envelope addressed to the District for attention of the
Superintendent, postage prepaid and certified.
6.2' 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
set forth herein or at such other addresses as may have been designated~
postage prepaid and certified.
6.3 If notice is given to a surety or other person, by personal
delivery to such surety or otber person or by depositing the same in
the Unitled States Mail, enclosed in a sealed envelope addressed to such
surety or person at the address at which such surety or person last
communicated to the party giving notice,postage prepaid and certified.
7. 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 District, and references to Developer or the District herein shall. be
deemed to be reference to and include their respective successors and assigns
without specific mention of such sucessors 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
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interest in the Property shall have first assumed in writing the Developerls
obligations hereunder and shall have complied with paragraph 3 hereof.
IN WHITNESS WHEREOF, this Agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER:
L & M Professional Consultants, Inc.
(Name)
Title ----------~~----------
DISTRICT:
CARLSBAD UNIFIED SCHOOL DISTRICT OF
SAN DIEGO COUNTY, CALIFORNIA
By
~A~ut=h~o~r~l~ze~d~A~ge~n~t~-------------
RATIFIED BY GOVERNING BOARD:
198
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F 0 0 T NOT E S:
11 Full information concerning the Owner and Developer should be set
out here and the name of the Owner should be identical to that used
by the Owner in holding title to the property. )
2/ The exact legal description of the property should be set forth on
Exhibit "A".
3/ Insert the number of resjdential buildings to be constructed and describe the
kinds and number of residential units to be constructed, e.g., 100
two-bedroom single family residences; 4 apartment buildings consisting
of 60 two-bedroom apartments; one mobilehome park with 200 mobilehome
spaces.
4/ State whether the Developer has or will apply for a rezoning and/or
conditional use permit or some other permit or application. Where the
property is to be rezoned, state the present zoning and the proposed
zoning. Where an application number has been assigned by the County or
the City, state the number.
5/ The proposed form of bond or time certificated of deposit should be
submitted to the District before the Developer signs this Agreement to
assure that the bond'or certificate will be in a form satisfactory to the
District when later delivered ..
6/ This event will probably be a denial of rezoning application.
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. . ..
EXHIBIT 'A'
LEGAL DESCRIPTION
That portion of lot IIJII of the Rancho Agua Hedionda, in the County of
San Diego, State of California, according to partition map thereof No. 823,
fil ed in the offi ce of the County Recorder of San Di"geo County, November 16,
1896, being described as follows:
Beginning at the southwest corner of the northwest quarter of section 5,
township 12 south, range 4 west, San Bernardino base and meridian, as shown
on said map no. 823; thence north 70 DO' 00" west, 1106.00 feet; thence north
820 ~O' 0011 east 1535.00 feet more or less, to the northwest corner of the
land described in deed to Benton B. Caldwell, et UX, recorded August 15, 1951
in Book 4205, page 235 of official records; thence along the westerly line of
said Caldwell's land, south 180 20' 3011 Caldwell's land, being a point on the
east-west center line of said Section 4; thence west along said center line
a distance of 1809.00 feet to the point of beginning.
ter r'ecor-Ji ng return ) I"'~-'.--:-' :,.. '\ to: "
t,{ of~ Car','sbad ..J ....• )
JO E1 In five.
rlsbad, CA 92008
AGREEMENT BETWEEN DEV.8LOPER-O\'i'NER
AND THE CITY OF CARLSBAD FOR 'l'HE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of -----------------------,
19~f by and between Falcon. Investments, Inc,
,-------~,---~----------.------------------------------------------, (name of .developer-owner)
a Corpora ti on ,hereinafter referred to as
(Corporation, partnership, etc.) .
"Developer", whose address is 5333 Mj ss j on Center Road ~ Sllite 310 ,
(street)
~S~a~n~D~i~e~go~,~C~A __ ~9~2~1~O~8~~ ______________________ , 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, 92,008.
WIT N E SSE T H:
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:,
·105 single-family residences on 45,48 acres of land
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on said Property, which development carries the proposed name
of Falcon Hills
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of , ---------------------
19 , with the City a request for prezone and tentatjve tract map-
(hereinafter referred to as "Request"i and
WHEREAS, the Public Facilities Element of the City General
Plan requires that th~ 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 vlith the City Clerk and is incorporated
by this reference; and
'WHEREAS, Developer and City recognize the correctness of
Council 'Policy No. 17, dated August 29, 1979, on fi 1 e vJith the Ci ty Cl erk and
, .
incorporated by this reference,' and that the City's public facilities ~nd services
are at ,capacity and will not be available to accommodate the
additional need for public facilities and services resulting
from the proposed Developmenti and
. WHEREAS, Developer has ask~d the City to find that public
facilities and services will be available to meet the future
~eeds of the Development as it is presently proposed; but the
Developer is a~Qre that. the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; and, t~erefore, Developer proposes •
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'.-, to help satisfy the General Plan as i~plemented by Council Policy
No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties. agree as follows:
1. The Develpper shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
'of'the buildings or structures to be constructed in the Development
pursuant to the Request. Th~ fee shall be paid prior to the
issuance of building or other construction permits for the develop-
.ment and shall be based on the valuation at that time. This fee
shall be in addition to ~ny fees, dedications or improvements
r~quired pursuant to Titles 18, '20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shail be given for land which has
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been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Hunicipal Code.
Developer shall pay a fee for conversion of existing buildings 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
co~dominium conversion shall be paid prior'to the issuance of.a
condominium conversion permit ~s provided in Chapter 21.47 of'the
. ,
Carlsbad Hunicipal Code. Condominium shall include community
apal;'tment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlememt for use" as
used in this agreement, exceptin 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 pri~r to the use or occupancy forWhiQ)
3.
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" . " . -, , ) , -', •
the development is intended. Developer shall pay to City a public
faci~ities fee in the sum of $1,150 for each mobilehome space to be
constru~ted pursuant to the Request. The' 'fee shall "be paid prior
,to the issuance of building or other con'struction permits for the
development. This fee shall be in addition to any fees, dedications
or'improvements required according to Tit~es 18, 20 or 21 of the
Carlsbad Municipal Code. A credit toward, such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid 'in lieu thereof pursuant to Chapter 20."44 of the Carlsbad
Municipal Code.
"2.' The Developer may offer to donate a site or sites for
public facilit~es in lie~ of all or part of the financial obligation
agreed upon in Par~graph I above. If Developer of;Eers ,to ,', ",
donate a site or sites for public facilities, the City shall
consider, but is not obligate?-to accept, -t;.he otfer. 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 agree-
. 'J.l!ent. S'ites donated under this paragraph shall not include improvements
required pursuant to Titles 18 or 20 of the Carlsbad !1unicipal
Code.
'3. This ~greement 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,
~h~ City'will,not have the funds to provide public facilities and
services, and the Development will not be consistent with the .
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shall ~ .0/ General Plan and any approval or permit for the Development
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be void. No building or other construction permit or entitlement
for'~se shall be issued until the public facilities fee required by
this agreemen~ is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facili~ies whe~ the City Council determines the need exists to
provide the facili~ies 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 obligations hereunder shall terminate in the event ,
the Requests made by Developer are not approved ..
,7. Any notice from one party to the other shall be in
writing~ and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such party. Any.
such notice shall not be effective for any p~rpose whatsoever
unless served in one of the following manners: .
7.1 If notice is given to the City by personal delivery
thereof to the'City o~ 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 Stat~
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Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, pos'tage 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 t? Developer
or City herein shall be deemed to be reference to and include their
respective successors and assigns wit~out specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Prope~ty, all oblig~tions of Developer hereunder
shall terminatei provided, ,however, that any successor of Developer's
. interest in the Property shall have first assumed in writing the
Deveioper's obligations hereunder.
9.. This ~greement shall be recorded but shall not create
a lien or security interest on the Property. When the obligatiohs
,of this agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego ' .
'County, California as of the date first written above.
DEVELOPER-OI"lNER: CITY OF,CARLSBAD, a municipal
corporation of the State of California
"
, L & iI--P-r:Jfess i ona 1 Consultants j..nc.
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Ga.-me)
-:::::::==~~ • c:::= -_~BY~~mr~~-----=--~' ===.~~ __ §_==~§~ ___ ~======~ __ BY ____ ~~~~ ____________________ __ =feu1TiJei'ccfs --.-' .. --.. , ~ ---Ci ty Manager
Attorney-I \1-Fact
'(Title)
On August'?, 1980 appeared before me
. ALETHA L. RAUTEN}~RANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.",
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
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EXHIBIT -"A"
LEGAL DESCRIPTION
That portion of Lot "J" of the Rancho Agua Hedionda, in the
County of San Diego, State of California, according to-~artition
map thereof No. 823, filed in the office of the County Reco~der
of San Diego County, November 16, 1896, being described as
follows: Beginning at the Southwest corner of the Northwest
quarter of Section 4, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, as shown on said map No. 823;
thence North 7°00'00" West, 1106.0 feet; thence North 82°00'00"
East, 1535.00 feet more or less, to the North-west-corner of the
land described in Deed to Benton B. Cald\vell, et UX, recorded
August IS, 1951 in Book 42b5, Page 235 of Off{cial Records;
thence along the Hesterly line of said Caldwell's land,South
18°20'30" East, 1354.00 feet, more or less, to the South-west
corner of said Cald~ell's land, being a point on-the center line
of said Section 4; thence West along said cente~ line a-distance
of 1809.00 feet to the point of beginning.
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r.;:. TERENCE O'MALLEY, ESQUIRE
GRAY CARY AMES & FRYE
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;" .. , 2100 Union Bank Building
\dd .... San Diego, CA 92101
:;'y& L ,tate
--------------------!..---SPACE ABOVE THIS LINE FOR RECORDER'S USE----
CORPORATION DEED OF TRUST AND ASSIGNMENT OF RENTS -SHORT FORM
This Deed of Trust, made this
FALCON INVESTHENTS, N. V • ,
day of , between
a corporation organized under the laws of the:S~m:e::~~ Netherlands Antilles _, herein called TRUSTOR,
whose address is c/o L & N Professional Consultants, Inc.
(number and street) (city) (zone) (state) 5333 Mission Center Road, Suite 310, San Diego, California 92108 TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE, and
HARDING ENTERPRISES, LTD., a Limited Partnership , herein called BENEFICIARY,
Witnesseth: That Trustor IRREVOCABLY GRANTS,
that property in San Diego-
TRANSFERS AND ASSIGNS to TRUSTEE IN TREST, WITH POWER OF SALE, --Cfry' California, described as:
Subject to that certain Subordination Clause and that certain Partial Release attached
hereto as Exhi.bi.ts "An and "Bn , respectively, and incorporated herein by this reference
as if fullv..s.et forth herein. ,. I d h ---d TOGETHt:H. WITH the rents, issues and profits thereof, SUBJECT, HOWE\ ER, to the rIg It, power an aut onty gIven to an conferred
upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits.
For the Purpose of Securing:
1. Performance of each 'gleoment of Trustor incorporated by reference or contained herein. 2_ Payment of the indeLtedness evidenced by
one promi,,(,ry note of evcn dale herewith, and any extension or renewal thereof, in the principal slim of $. __________ execu~ed
by Truslor in favor of Beneficiary.
To Protect the Security of This Deed of Trust, Truslor Agrees:
By the c>-eclllion and delivery o( this Deed of Trust and the 1I0te serured hereby, that prOVISIOns (1) to (4), inclusive, of the fictitious
deed of trllst recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book
and at the page of Official Hecords in the office of the county recorder of the county where said property is located, noted below opposite the
name of such county, viz.:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE -
Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29 335
Alpine 1 250 lake 362 39 Plumas 151 5 Siskiyou ,(68 181
Amador 104 348 lossen 171 ,(71 Riverside 3005 523 Solano 1105 182
Butte 1145 1 los Angele. T2055 899 Sacramento ,(331 62 Sonoma 1851 689
Calaveras 145 152 Modera 810 170 Son Senito 271 383 Stanislaus 1715 456
Colusa 296 617 Morin 1508 339 Son Bernardino 5567 61 Sutter 572 297
Contra Costa 3978 47 Mariposa 77 292 Son Fronci$co A332 905 Tehocna ,(01 289
Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366
EI Do,ado 568 ~56 Merced 1547 538 Son luis Obispo 1151 12 Tularo 229,( 275
Fresno ,(626 572 Modoc 184 851 San Mateo 4078 420 Tuolumn<t 135 ,(7
Glenn ,(22 184 Mono 52 429 Santo Borbara 1878 860 Ventura 2062 386
Humboldt 657 527 Monterey 2194 538 Son10 Clora 5336 341 Yolo 653 245
Imperial 1091 501 Nopa 639 86 Santo Cruz 1431 49,( Yuba 334 486
Inyo 147 598 Nevada 305 320 Shasta 684 528
Kern 3427 60 Oronge 5889 611 San Diego Serie.2 Book 1961, Pogo 183887
(which provisions, identical in all counlies, are "dllted on the re>crse h('rcof) }I!'rcby arc adopled and ineorpordted herein and made a part
hercof as fully as though >01 furlh helcin at length; that it will obsene and JI<·rIurm "id provisions; and that the references to propelty,
ohligations, and parties in 5aid pro,'isions shaH he construed to refer to the property, ohligations, and parties set fc.rlh in this Deed of Trust.
The Illldc"igned Truslor reqU!'<I. that a copy of any Notice of Dc!auh alld of any Notice of Sal~ hereunder be mailed to it at its address
hereillLcf ore sct forth.
} SS.
~, _____________ hcfore me, th~ under·
ary Puhlie in and for said State, personally appeared
___________ President, and
________ -",, ________ ~, known to me to be
________ 5e( 'Iary of the corporation that executed
the witllin 1llstrurncnt, J..no'hl. l me to T}(: the persons who executed
the williin Instrument on IJchall f the corporation tberein named,
and aCknowledged to IUC Ihat ",e I orporation cxeculed the within
instrument pursuant to it~ hy.1aws l r(,solution of its hoard of
directors.
WITNESS "'Y hand and offici.l seal.
Signaturc. _______________ .
-.---------:-;----c-:::--:--=-:----:-:----"1r.,-----Na",c (Typed or Printed)
Signature 0/ Trustor
FA~9N ~yESTMENT~~ V.
A Netherlands Antilles ,!{corporation
By ________________________________ ~-----
Pre5icIcnl
_By __________________________ ~~-------
Secretary
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\ ANDERSON, IIIC.
31882 camino capistrano. SUITe 270
san juan caplslrano. ca. 92675
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edward e. haworth
(714)661'6212