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HomeMy WebLinkAbout1999-08-17; Housing & Redevelopment Commission; 312; Revisions to Manual to Allow Pole Signs4B# 3 /L TITLE- -- UlTG. e0 )7-?? REQUEST FOR DIRECTION FROM COMMISSION - CONSIDERATION OF REVISIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL TO ALLOW POLE SIGNS DEPT. H/RED RECOMMENDED ACTION: - (&@.+ 3 0 * HOUSING ANti REDEVELOPMENT COMMISSION - AG- CITY MGR. %@ Instruct Housing and Redevelopment Director on action to be taken in response to a minute motion approved by the Design Review Board requesting that the Housing and Redevelopment Commission give consideration to the appropriateness of revising the Vi//age Master P/an and Design Manual to allow pole signs within the Village Redevelopment Area under certain circumstances. ITEM EXPLANATION: On May 24, 1999 and again on July 26, 1999, the Design Review Board held a public hearing to consider an appeal of the Housing and Redevelopment Director’s decision to deny a sign permit to allow a pole sign for Tom Giblin’s Irish Pub located at 640-A Grand Avenue in the Village Redevelopment Area. The Design Review Board ultimately denied the appeal because they believed that the current regulations clearly state that pole signs are no longer permitted within the Village Area. However, the Board was also of the opinion that pole signs may be acceptable under some circumstances. Consequently, the Board took action on July 26, 1999 to approve a minute motion requesting that the Housing and Redevelopment Commission give consideration to the appropriateness of revising the sign regulations set forth within the Village Master P/an and Design Manual to allow pole signs within the Village Redevelopment Area under certain circumstances. Their request addresses your potential adoption of a general rule regarding pole signs acting in your legislative capacity. The Board action to deny the appeal is not before you for action - it is only appealable to the Superior Court. The property owner, Michael Murphy, apparently intends to proceed to court. Your direction to staff not to revise the Vi//age Master Plan and Design Manual to allow pole signs will eliminate any doubt that court is the owner’s only potential remedy. Alternatively, if you direct staff to develop standards to allow pole signs under limited circumstances, staff will entertain a stipulation delaying the legal proceedings until final action on the proposal, because the new general rule may impact the sign being appealed. Background on the Pole Siqn Requlations The Redevelopment Agency invested four years in developing a new Vi//age Master Plan and Design Manual for the Village Redevelopment Area which supported the desires of the community. From the numerous workshops, committee meetings and public hearings, it was determined that the regulations adopted for the Village Area had to be completely supportive of the pedestrian-oriented environment desired for the Village Area. The development standards, including the sign regulations, set forth for the Village Redevelopment Area were intentionally revised and adopted in 1996 to support the desired pedestrian-oriented environment. Pole signs, as well as other types of signage such as roof top signs and off-premises signs, were prohibited because they are vehicle-oriented. Page2ofAB# 312 - The sign standards for the Village Area are much different today than they were 10 to 20 years ago. The new standards adopted in 1996 allow for more signage in both quantity and type (or manner) of signage than that allowed when the redevelopment area was originally established in 1981. However, some types of signage, such as pole signs, are no longer permitted today because they are inconsistent with the approved vision for the Village Area. Since 1996, conformance to the new sign standards has been required when there is a requested change in signage for a business or a change in the business. The regulations have been applied consistently to all properties within the Village Area. In this way, over time, without an arbitrary amortization period, all pole signs will be eliminated. Desiqn Review Board Request The three (1 vacancy, 1 member not participating due to conflict) participating members of the Design Review Board expressed their understanding of the original intent of the revised sign regulations and are generally supportive of the intent. However, they collectively agreed that there might be circumstances under which a pole sign might be acceptable. For example, a pole sign with an attractive design which is under a certain height or within given dimensions might be appropriate for the Village Area. As a result of their discussion on this matter, the Board decided to forward their request to the Commission for consideration of revised sign standards to allow pole signs under specific standards. At this time, there is no recommendation on proposed standards to be established to address this issue. The Board has requested that the Commission provide instructions to staff as to whether or not this matter should be further researched or considered for possible revisions to the Village Master P/an and Design Manual. Staff Recommendation Staff is not supportive of revising the sign standards for the Village Area to allow pole signs. However, if the Commission desires to do so, it is staffs recommendation that the Commission instruct the Housing and Redevelopment Director to develop standards which would allow pole signs under limited and clearly specified circumstances and return these standards to the Board and Commission for further review and consideration at a later date. Staff is currently working on a report to process amendments or revisions to the Village Master P/an and Design Manual as related to various other development issues and/or standards. Revisions to the sign regulations could be incorporated into the report which is currently being prepared to process other modifications to the Manual. ENVIRONMENTAL IMPACT At this time, there is no environmental impact associated with the requested action to provide instructions to staff. Any proposed amendments/revisions to the Vi//age Master P/an and Design Manual will be considered under separate environmental review. FISCAL IMPACT: At this time, there is no fiscal impact associated with the requested action. If directed to proceed, staff time will be required to prepare any proposed revisions to the Village Master Plan and Design Manual. 4 4 5 6 decision to deny the sign permit for the modifications to 7 8 9 10 packet for tonight's meeting. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Based on the information I've provided you this evening and further detailed in the two staff reports that have been provided to you, Staff recommends that the Design Review Board find that the appellant failed to prove that an error was made in the director's the existing pole sign; and doing so, affirm the decision of the Housing Redevelopment Director by denying the appeal and adopting Resolution Number 268, which is in the -Based on some of the feedback that Staff received at the May 24th meeting, we wanted to provide this as additional action and possibly food for thought. The Design Review Board can, through a minute motion, recommend changes to be made to the Master Plan to allow pole signs. In fact, this would be the only way that Staff believes that any pole signs can be allowed in the future. This would apply to all properties throughout the redevelopment area and not just this one particular case. In doing so, Staff feels that specific development standards would have to be prepared for pole signs, and the recommendation would then be forwarded to the Housing and Redevelopment Commission for final action. As a final note, I would like to remind the Design Review Board that the Redevelopment Agency has 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MAROIS: Does that sound about right? MR. HEINEMAN: We don't know. Not owning a bar, I can't tell you. 4 MS. MAROIS: Thank you. MR. COMPAS: What about this -- they brought up this Hawthorne thing. What is your comment about that? MS. ROSENSTEIN: We have probably been lax in requiring existing pole signs to be brought into conformance just because a site has been vacated. We have been trying to work with property owners to give them the benefit of the fact these properties will be redeveloped and will be brought into conformance. As with this case, there was a change in business. We could have required years ago and had this same discussion years ago in having the sign -- the pole sign be brought into conformance after the removal of Duly McClesky's. But rather, we waited until a new business came in. MS. FOUNTAIN: Chairman Compas, I need to add to that as well. When we were actually developing the Master Plan back from '92 to '96, we actually talked about enforcement at that time, and if we wanted to take an aggressive approach to going out at that point in time, giving everybody notice that had illegal signage and doing a sweep of all the signs to bring them into conformance. We decided at that time that that wasn't the best use of 33 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .- city resources. That we had other things that were bigger issues that we needed to deal with. So, we made a conscious decision at that point in time that we would implement this policy that's now in the Master Plan where it would change as businesses change. So, as new business owners came in, there was a change in either new construction or whatever it might be, that we would enforce it at that time. So, it was definitely a conscious decision that over time, enforcement would come into play. We could, as Lori mentioned, go out and be aggressive. But there hasn't been that policy decision at this point in time to do that. So, we were operating off the policy decision that was made back in 1996. MR. COMPAS: Thank you. The statement was made on the applicant's side that they feel this is really a pedestrian-oriented sign and not a vehicular-oriented one. Do you agree with that or not? MS. ROSENSTEIN: Well, I think in the Design Guidelines we clearly stipulate that to be pedestrian-oriented, it has been to a monument sign no higher than 60 inches. MR. COMPAS: So, you would not agree with that? MS. ROSENSTEIN: No, I would not agree with that. MR. COMPAS: Board Member Heineman. 34 1 MR. HEINEMAN: I'd like to ask a question of Mr. 2 Rudolf. If we should -- 1 don't know how the other 3 members of the Design Review Board might vote, but if we 4 should decide this is indeed in violation of the ‘ 5 regulations and should be removed, but at the same time we 6 filed a minute motion asking counsel to re-examine the 7 prohibition on pole signs, would it be possible for Mr. 8 Giblin to keep that sign until our minute motion had been 9 acted upon? 10 MR. RUDOLF: Mr. Chairman -- 11 MR. HEINEMAN: I am trying to make this a win/win 12 situation. 13 MR. RUDOLF: Well, your decision would be final 14 and the clock would start to run on his time to appeal. 15 And I believe it would be a 1094.5 writ, and it would have 16 to be filed within 90 days of your action. And if he 17 waits longer than that, then your action would become 18 final and not judicially challengeable. So, if he files 19 his action -- unless the Housing Redevelopment Commission 20 would act within that 90 days to give Staff direction to 21 revise the manual to allow it, then we work out some kind 22 of stipulation or extension of the statute of limitations, 23 it would be too late. 24 MR. HEINEMAN: It could be possible, but it could 25 be too late also? 35 c, -2, ,‘: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HEINEMAN: The motion is just the basis for discussion at this point. MS. MAROIS: Okay. I second that. *MR. COMPAS: Thank you very much. Harriet, why L don't you start the discussion. MS. MAROIS: Let me start by saying that I think that that sign and that property is one of the more attractive ones in the whole downtown area and is, regardless of what violations it may be making, is just in keeping with the spirit and the image that I think people want to create downtown. That's my opinion. I think it's very attractive. I think it does attract pedestrians, but it's also useful for vehicles. I mean a pedestrian sign doesn't mean that vehicles shouldn't also be able to find a place or whatever. And, so -- and I think it's unfortunate because I do think it's attractive and in keeping with the image that you'd like to create. It is unfortunate, really, that it happens to be violating a very sort of cut and dry regulation. So, another point with regard to a clear definition or a cut and dry regulation. It's not clear to me that some of these regulations are really well-defined or they are so specific that there is no room for exception or variance or waiver. And I think that's unfortunate. And I think that's kind of the position that 48 - 1 the business owner is in now. That however something is 2 defined, it is so lacking in a way to make an exemption 3 that nothing can be done about it. And I don't want to 4 have to find -- there may not be grounds to find -- that 5 1 Staff made any error in order to let them have their sign. . 6 So, my inclination is to want to find a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way that they can keep their sign because I think it looks good. It is my judgment, even though it is a pole sign -- and it is not a pole sign of the kind that maybe people had in mind when they prohibited pole signs. And I would cite the Denny's sign, the Alberto's sign. Those are free-standing, high signs meant to attract freeway traffic and that kind of thing. So, I am looking for a way that we can allow them to keep the sign because I think it's pleasing and fits with what the Village wants to do; and not have to find that the Staff was in error, because I am not sure that they were, to find a way that we can do that. And I'd like to make several points because I think one way to do it, if I understand our city attorney correctly, is to ask for or recommend some changes or modifications in the Village Plan. And if that's the way to do it, these are some of the items that I wish would be addressed: To clearly, clearly define what we mean by a pole sign or its intention or its 49 . 1 2 obstructions because it seems to me the idea is to get rid of those big tall signs that are really, in my opinion, 3 not very attractive. But they do serve a purpose; 4 8 I think also this change in business or cessation 5 of business maybe just needs to be spelled out more 6 7 8 clearly. On my first reading of this, I would have said, well, yeah, it's still a restaurant. Now, that may be because of my naive view. I don't know how these things 9 are defined. Another item that I think made this a little 10 bit more complicated is that when a permit is required for 11 a pole sign or whatever it might be, parking permit, that 12 13 14 it be somehow spelled out more clearly as to who is responsible to get the permit and who the city wants to respond to. 15 Is it the property owner and/or the 16 business owner? Because the responsibility for getting 17 18 19 20 , 21 that permit seems to have been sort of diluted here. We weren't sure at first whether it was the restaurant owner, the business owner or the property owner. And maybe it became more complicated than it needed to be. Another issue is -- and I know that a 22 23 24 25 long time and a lot of effort was put into creating this plan, but I would like to see a modification such that, well, business and property owners do not need to make immediate changes because there are changes in the plan; - 50 1 that they also not be allowed to keep whatever is in now 2 violation forever and ever; that there should be, when 3 these regulations are made, some stipulation that they 4 would have to change within ten years, let's say, at the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time of the change or something like that. And I won't cite any specific signs, but I see signs downtown that are so old, if they make a change -- perhaps they are kept from making any changes because they don't want to conform to any new regulations. So, you end up with these old, worn out signs that are not attractive, but they can keep them forever is my understanding. so, I would like to see if there are some changes made that at least that some time period be given over the long haul when all owners or business owners would need to conform to the new regulations. And in the same vein, I would like to see something in here with regard to signage as well as maybe to some other issues that somehow allows a process of exemption or waiver or appeal not solely on the grounds that Staff made an error because there may be no error. But yet, in this particular case, I think the property and its signs are in keeping with the spirit and the tradition for the Village. But yet they are violating, you know, the plan and the regulation. so, I am wondering if there could be 51 - 10 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something written in with regard to signs or anything else that permits some exemption to be made on a case by case basis and whether a payment maybe involved with that, I don't know. * I think that's all. I think I've said enough at this point. MR. COMPAS: Board Member Heineman. MR. HEINEMAN: I tend to agree with Harriet, that the sign is indeed attractive, in fact, one of the more attractive signs downtown. I feel, however, it is in violation, and I would like to follow the motion which I've already made with a minute motion that the Housing and Redevelopment Commission re-examine the subject of pole signs and, hopefully, with sufficient speed that this particular pole sign will not have to be taken down, if they do indeed change the regulations. MR. COMPAS: Okay everybody. Is there any comment on that? Is that a doable thing? MR. HEINEMAN: I believe Mr. Rudolf said earlier on, when we were discussing it, that it was doable, but not guaranteeable. MR. RUDOLF: Well, I am starting to count votes here and seeing a problem. It seems to me -- I was just outlining your options. It seems to me your one option is to grant the appeal, but I don't see votes for that. That 52 :’ 1. e I ; I F 1 f $ 2 1’ 3 4 5 ’ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. COMPAS: Well -- MR. HEINEMAN: And I think you are the -- MR. COMPAS: I -- this is a difficult thing because I agree with both of you. The sign isn't, by itself, very bad. It is probably okay. I don't see it being bad, but it does violate the regulations and the Staff, I think, have done the right thing in clearly pointing out that it does violate the regulations. So, we are caught in a dilemma. I don't know how you keep the sign without violating the regulations. MS. MAROIS: If I understand our city attorney, it sounds like if we, as a board, make a motion for continuance and ask the Staff to address the issues of some changes or possibilities for exemption, that that might possibly reconcile the differences between the city and the Staff, given that currently the sign is violating the plan -- the general plan -- the Village Plan. If I understand correctly, if we make a motion for continuance and ask for those specific kinds of modifications that would allow how them to be in compliance or allow them to have an exemption or whatever it would take -- if I understand correctly, we can do that? 25 MR. RUDOLF: Yes, you can. But there's a variety of things that could happen. The Housing Redevelopment 55 .- RONALD R. BALL CITY ATTORNEY D. RICHARD RUDOLF ASSISTANT CITY ATTORNEY JANE MOBALDI ASSISTANT CITY AlTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (760) 434-2891 FAX: (760) 434-8367 August 31,1999 Clarence H. Schlehuber Attorney at Law 2720 Jefferson Street Carlsbad, CA 92008-I 703 RE: GIBLIN SIGN APPEAL RECORD Dear Mr. Schlehuber: This is in response to your letter to the City Attorney dated August 26, 1999 in the above referenced matter. The Design Review Board denied the joint appeal of the owner and tenant with regard to the sign at 640-A Grand Avenue on July 26, 1999. Both section 1.16.010(b) and section 21.35.100(b) provide that the date of the decision is the date the determination is mailed or otherwise delivered to the persons affected by the decision. Accordingly, the notice included as part of the DRB’s resolution is incorrect to the extent that it makes the decision effective immediately. Since the decision was mailed on July 29, 1999 and your appeal was filed on Friday, August 6, 1999, it was within the ten days required to delay the time of filing a petition. Staff has inquired of you regarding your provision of the transcript of the proceedings but has not received a response, and we are unable to provide you with the estimate required by Carlsbad Municipal Code section 1.16.01 O(c ) until you provide that information. Once that information is provided, staff will provide you the cost estimate within ten days thereafter, and you will be required by both that section and Code of Civil Procedure section 1094.6 to make the deposit within ten days after your receipt of the cost estimate. If those things occur ultimately we are required to provide you with the complete administrative record within 190 days of your request therefore, and your deadline to file your petition is extended to not later than the 30” day following the date on which the record is delivered to you. Please respond to staffs inquiry regarding the transcript at your earliest opportunity so that we may provide you with a cost estimate for preparation of the administrative record. In light of our determination that your appeal was filed within ten days of the date of the decision, it is unnecessary to respond further to your request to delay preparation of the administrative record. Very truly yours, F Acting City Attorney rmh c: City Manager City Clerk Director of Housing and Redevelopment CLARENCER scHLEHuBm Attorney at Law 2720 Jefferson Street Carlsbad, California 92008-l 703 Telephone (760) 729-2327 Facsimile (760) 434-7653 August 26, 1999 Mr. Ron Ball City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Giblin Sign Dear Mr. Ball: This will confirm my telephone conversation with you in which I am requesting that the City accept my request dated August 5, 1999, for a preparation of the record proceedings as being timely filed, and hold up the preparation of the record until the Housing Redevelopment Board acts on a revision of the sign ordinance. If the City does this by CCP1094.6, the time to appeal will be extended beyond the 90 days required for an appeal to be filed. Since it appears by the recent action of the City Council that pole signs like the Giblin sign will be permitted under the revised ordinance, this would allow time to protect both the City and Tom Giblin’s Pub to avoid filing an appeal of the decision and an appropriate response by the City. This will have to be done within the 90 day period. If the City does not agree to my proposal, I will be required to file within the 90 day period. I do not believe this expenditure to be in the best interest of Mr. Giblin or the City, and I am hope&l the back door extension I am reqcesting might be granted. Thank you for the courtesies you have extended me to date. I will await to hear &om you. Very truly yours, tt3L.k44& Clarence H. Schlehuber CHS:lv Clarence H. Scblehuber is a Certified Specialist in Robate, Erlalr plruvring & Tmt Law by “The State Bar of California Board of Legal Specialization” CLARENCE H.~CHLEHUBER ATTORNEY AT LAW 2720 JEFFERSON STREET CARLSBAD, CALIFORNIA 92006 TELEPHONE (760) 729-2327 FACSIMILE (760) 434-7653 / / b -.f---- b -.f---- pjiL.K 4/&\ pjiL.K 4/&\ g & Trust Law by “The State Bar of California Board of Legal Specialization” g & Trust Law by “The State Bar of California Board of Legal Specialization” AUG- 6-9! , . :. * , 1 r : , \ i t c i t 5 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 II 3:57 PM HOUSING & RED, FAX NO. 7607202037 - P. 1 DESIGN REVIEW BOARD RESOLUTION NO. 268 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE PROPERTY OWNER’S APPEAL AND UPHOLDING THE HOUSING AND REDEVELOPMENT DIRECTORS DECISION TO DENY AN ADMINISTRATIVE REDEVELOPMENT PERMJT NO. PS 99-05 TO ALLOW MODIFICATIONS TO AN EXISTING POLE SIGN FOR TOM GIBLM’S IRISH PUB LOCATED AT 640-A GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: TOM GIBLM’S TRISH PUB POLE SIGN A.PN: 203-301-05-00 CASE NO: PS 93-05 WHEREAS, business owner Ned GibIin, “Applicant” and property owner MKM Trust “Owner” filed a verified application for a sign permit on January 26, 1999 with the Housing and Redevelopment Department of the City of Carlsbad regarding property located at 640-A Grand Avenue; and WHEREAS, the Housing and Redevelopment Director, after considering all factors relating to Administrative Redevelopment Permit PS 99-05, denied said application on February 2, 1999, based upon the requirements of the Carlsbad Village Redevelopment Master Plan and Design Manual, which prohibits pole signs. WHEREAS, an appeal of this denial was timely filed on February 12, 1999 by Owner and Applicant, “Appellants”; and WHEREAS, on the 24* day of May, 1999, the Design Review Board of the City of Carlsbad held a duly noticed public hearing and at said public hearing Appellants requested and were granted a continuance until July 1, 1999 in order to apply for and simultaneous process with the appeal an application for a sign variance. WHEREAS, on May 2 I, 1999 Appellants filed an application for a variance and on June 23, 1999 withdrew the application for a variance without explanation. WHEREAS, on July 26, 1999 the Design Review Board of the City of Carlsbad continued consideration of the duly noticed public hearing as prescribed by law to consider said appeal - __.--_---- --. ,.- .-. . . . . I - -- ..- DRB RESO NO. 268 AITG- 6-9: .' . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 3:58 PhI HOUSING & RED. FAX NO. 7607202037 P. 2 and at said hearing, considered all the evidence, testimony, and arguments of those persons present and desiring to be heard. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as Follows: A) That the foregoing recitations are true and correct. B) That the Design Review Board hereby confirms the Director’s decision on PS 99- 05 and the appeal of that decision is ;DEiWEQ based upon the facts set out in the Housing and Redevelopment Staff Reports dated May 24, 1999 and July 26, 1999, and the evidence presented at the public hearing, all of which are incorporated herein by reference, and the followilrg findings: Findineq 1. 2. 3. 4. 5. 6. The original approval for the pole sign was granted on January 25, 1980 for Dooley McCluskey’s Restaurant under Permit Number 80-60. On the same day, the property owner obtained a sign permit for a monument sign for the entire Old World Center under Permit Number 80-61.. Except for the change in copy to the pole sign, both signs are still in existence today. The Carlsbad Village Redevelopment Master Plan and Design Manual became effective on January 12,1996 making new pole signs unlawful, existing pole signs lawful nonconforming uses, and establishing specific thresholds for the removal of existing pole signs. The Carlsbad Village Redevelopment Master Plan and Design Manual requires mandatory conformance with the sign regulations contained therein whenever 1) a business ceases to exist for any reason; 2) the ptopertybusiness is abandoned for a period of six (6) months or longer; ar 3) there is a change in use or business. Dooley McCluskey’s Restaurant business ceased to exist on November 3, 1993; the suite was vacant from November 3, 1993 to October 20, 1998 (more than 6 months) when Tom GibIin’s Irish Pub opened for business; and the change from Dooley McCluskey’s CO Tom Giblin’s tish Pub constitutes a change in business. All three reasons require the pole sign to be brought into conformance. Mandatory conformance with the sign regulations set forth within the Carlsbad Village Redevelopment Master Plan and Design Manual is required for all signs, replacement signs or modifications to existing signs. Replacing the sign faces advertjsing Dooley McCluskey’s Restaurant with two new sign faces advertising Tom Giblin’s Irish Pub constitute “modifications to existing signs”, therefore requiring that the entire sign be brought into conformance. The legal grounds asserted in the appeal are incorrect and the decision of the Housing and Redevelopment Director is correct because California Business and Professiona Code Section 5498 does apply “author&g special rules (for on-premise advert&g displays) in redevelopment areas” and not California &siness and Professional Code Section 5412 et seq. as argued by the Appellants. The removal of the pole sign does not constitute a taking, because the nineteen (19) years that the pole sign has been in place is an adequate period of time for the property owner to’ recover the original cost of the sign ($1,000). 2 DR8 RESO ItO. 268 AN- 6-99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RI 3:!jg PM HOUSING b l?ED. ,a FAX LO. 7607202037 P. 3 7, The appellant failed to prove that an error was made in the Housing and Redevelopment Director’s decision to deny the sign permit for the modifications to the existing pole sign. C) This action is final the date this resohrtion is adopted by the Design Review Board. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, ‘Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not lacer than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the “City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of C&bad, California, held on the 26th day of July, 1999 by the following vote to wit: AYES: NOES: ABSENT: AEGTAM: Chairperson Compas, Board Members: Heineman and Mar&. None. Board Member Marquez. None. . a A& BILL COMPAS, Chairpersd DESIGN REVIEW BOARD AlTEST: DEBBIE FOUNT HOIMNG AND REDEVELOPMENT DIRECTOR 3 DRB RESO NO. 268 , , -’ January 17,200O TO: CITY CLERK FROM: HOUSING AND REDEVELOPMENT DIRECTOR FINAL RECORDED DOCUMENTS FOR TYLER COURT ACQUISITION Attached for your records are some additional original recorded documents related to the Tyler Court Senior Apartment Acquisition (Housing and Redevelopment Commission Resolution No. 3 12, adopted July 20, 1999) which closed escrow as of October 1, 1999. We have made copies of these documents for our files. These originals are now forwarded to your office for the offkial city file on the subject acquisition. Thank you for your assistance. Please contact me at X2935 if you have any questions , -. ’ CHICAGO TI? ,E COMPANY Fax (619)282-520 1 January 3,200O DEBBIE FOUNTAIN CARLSBAD REDEVELOPMENT AGENCY 2965 ROOSEVELT STREET, SUITE B CARLSBAD, CA 92008 Property: 3363 TYLER STREET, CARLSBAD, CA Escrow No: 093038306 N82 In accordance with instructions in the above escrow number, we enclose herewith certified copies of all documents recorded. Original Deed recorded in connection with this transaction will be forwarded to you direct from the County Recorder’s off ice. Should you have any questions, please contact the undersigned. We know you had a choice and appreciate your choosing Chicago Title Company. We look forward to assisting you with your future real estate transactions. Thank you for choosing Chicago Title Company. Sincerely, CHICFGO TITLE COMPANY Escrow Officer &corded at the m@ Chbgdllb When Recorded Mail to: Diane F. Olson 34052 La Plaza, Suite 205 Dana Point, CA 92629 > SM DrEi-ill~~~~~~‘s OFFICE : : ; ; ) TitleOrder # 93038306 ~13 _ Escrow No: 93038306 PJ &INFORM Tht t.RIGIM CF THIS llk.WKN t&%RECORDEDOHsEP30,1999 DllCWtBT t4lWR D99-06&= GREW J. SNITH~ COUNTY RECORDER . . APN 204-070- 19 & 27 Space Above for Recorder’s Use INTERSPOUSAL TRANSFER DEED The undersigned declares that the documentary transfer tax is NONE as this Deed is ONLY for the release of community property interest of a Spouse, if any. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John W. Wright, a married man, husband of grantee hereby GRANT(S) to Diane F. Olson, a married woman as her sole and separate property the following described real property in the County of San Diego, State of California: Portions of Lots 9 and 11 and all of Lot 10 of Industrial Tract, in the City of Carlsbad, as more completely set forth in Exhibit “A”, consisting of one page, attached hereto and made a part hereof by this reference. “It is the intent of the Grantor herein to divest himself of any and all interest in and to the within described property and to vest the same in the Grantee as Her Sole and Separate Property.” Dated: August 19, 1999 State of California ) County of San Diego) On 4?, before me, > lY a Notary Public in and for said State, personally appeared personally known to me or proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS - CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT State of California County of Orange 1 ss. On 09-70-99 , before me, Jam S. Lockett “No&ry PRICK Date ~~~~ and Title of Officer (e 9 , ‘Jane Doe. Notary Public’) personally appeared ----Jot FJ byright -=----------------------, Name(s) of Sagner(s) I personally known to me -j&roved to me on the basis of satisfactory evidence JANE S. LOCKEIT Commi&on% 1226196 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Nolary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Inter s?o~a 7 TramfPr TIpA Document Date: August 19; 1999 Number of Pages: Signer(s) Other Than Named Above: N,/A Capacity(iea) Claimed by Signer Signer’s Name: C Individual Z Corporate Officer - Title(s): C Partner - L3 Limited II General E Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Association .9350 De Soto Am, P.0 Box 2402. Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll-Free l-800-876-6827 EXHIBIT “A” PARCEL 1: THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, OFI, JANUARY 3,1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROMA-THE NORTHWESTERLY LINES OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61 .O FEET OF THE SOUTHEASTERLY 69.10 FEET. PARCEL 2: THE SOUTHWESTERLY 61 .OO FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1923. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET, (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3,1923, EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2 HEREIN DESCRIBED. SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY. PARCEL 4: LOT IO OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 3,1923. PARCEL 5: THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3,1923, DESCRIBED AS FOLLOWS: COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT AVENUE AND CENTER LINE OF FIRST STREET; THENCE SOUTH 55 27’ WEST ALONG CENTER LINE OF CHESTNUT AVENUE A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT ACUNAAND NEMESIAACUNA, RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING ALONG CENTER LINE OF CHESTNUT AVENUE SOUTH 55 27’ WEST TO INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN ON SAID MAP; THENCE NORTH 34 33’ WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE MOST WESTERLY CORNER OF LOT 11; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF DESCLTR-09/06/94bU. SAID LOT 11 TO THE S?UTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE SOUTH 34“ 33' EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE POINT OF BEGINNING. 2 Recorded at the request Of Chicago Title When Recorded Mail to: Lido Investments, Inc. 34052 La Plaza, Suite 205 Dana Point, CA 92629 it,.. ~IGIML OF THIS DocwI(ENT cy15rnrnuN~~~~~ _ _ _ iliHWENT li!JlW U99-O666923 CaGocci J. SHITH, CWl’Y,ELXRER SAN DIEGtl ~TY~~~~ S OFFICE : : Order i/93038306 U13/PJ CONFORM APN 204-070-19 & 27 / Space Above for Recorder’s Use Only GRANT DEED The undersigned declares that the documentary transfer tax is The property is located in the City of Carlsbad. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Diane F. Olson, a married woman, who acquired title as a single woman, hereby GRANT(S) to Lido Investments, Inc., a California corporation, the following described real property in the County of San Diego, State of California: Portions of Lots 9 and 11 and all of Lot 10 of Industrial Tract, in the City of Carlsbad, as more completely set forth in Exhibit “A”, consisting of one page, attached hereto and made a part hereof by this reference. Dated: August 19, 1999 ch &--A&,. ORF Diane F. Olson State of California ) County of San Diego ) O-efore me, the undersigned, a Notary Public in and for said State, personally appeared DIANE F. OLSON, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. fftcial seal. 6 flPGL’ ’ * . C’,’ : & u -* r : 1 t :., da :‘. ! .- ,,’ : ., ,‘- : 9 ~ ._ .‘. > j i,-: ‘,, !? c., .” ,, .“I . . , “‘TAX . . ,\’ ^. State of California County of Orange On 09-20-99 Date , before me, &me Se Lockeft “Notary Pub/W’ Name and me of Officer (e.g.. “Jane Doe. Notary Public’) , personally appeared Diane F. Olson ---------------------------- Name(s) of Signer(s) II personally known to me XW(proved to me on the basis of satisfactory evidence Ccxnmision # 1226196 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL v Thotigh the information below is not required by law, it may ,-ove va;Jab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: August 19, 1999 Number of Pages: Signer(s) Other Than Named Above: N/A Capacity(k) Claimed by Signer Signer’s Name: Z Individual C Corporate Officer - Title(s): II Partner-L Limited CI General C: Attorney in Fact 11 Trustee Z Guardian or Conservator E Other: Signer Is Representing: Q 1997 Natmmi Notary Assoclatnn . 9350 De Soto Ave PO Box 2402 * Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free l-800-876-6827 EXHIBIT “A’ PARCEL 1: THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, OFI, JANUARY 3,1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINES OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61 .O FEET OF THE SOUTHEASTERLY 69.10 FEET. PARCEL 2: THE SOUTHWESTERLY 61 .OO FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN, JANUARY 23, 1923. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET, (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN, JANUARY 3,1923, EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2 HEREIN DESCRIBED. SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY. PARCEL 4: LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, . ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNN RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 3,1923. PARCEL 5: THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN, JANUARY 3,1923, DESCRIBED AS FOLLOWS: COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT AVENUE AND CENTER LINE OF FIRST STREET; THENCE SOUTH 55 27’ WEST ALONG CENTER LINE OF CHESTNUT AVENUE A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT ACUNA AND NEMESIA ACUNA, RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING ALONG CENTER LINE OF CHESTNUT AVENUE SOUTH 55 27’ WEST TO INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN ON SAID MAP; THENCE NORTH 34 33’ WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE MOST WESTERLY CORNER OF LOT 11: THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF OESCLTR-09/06/94bh SAID LOT 11 TO THE SOUTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE SOUTH 34“ 33' EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE POINT OF BEGINNING. - GREGORY J. SIMITH SA ,iCGO COC’STY ASSESSOR / RECORDEI L.ERK 1600 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO, CALIFORNIA 92 101-2480 TELEPHONE (619) 531-5848 PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLER/TRANSFEROR: Diane F. Olson A Preliminary Change in Ownership Report must be tiled with each conveyance, in the County Recorder’s office for the county where the property is located; this particular BUYER/TRANSFEREE: Lido Investments, Inc. form may be used in all 58 counties ASSESSOR’S PARCEL NUMBER(S): 204-070-l 9 and 27 PROPERTY ADDRESS OR LOCATION: 3363 Tyler Street, Carlsbad, California Mail Tax Information To: (Name): Lido Investments, Inc. (Address): 34052 La Plaza, #205, Dana Point, CA 92629 in California NV-O CSH AREA NV-T PP NOTICE: A hen for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November I, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November I to the owner of record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 3 I, YOU MAY BE RESPONSIBLE FOR THE SECOND MSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 531-5761. For information about this form, please call the Change in Ownership Section at (619) 53 l-5848. PART 1: TRANSFER INFORMATION Please answer all questions Yes No A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)? B. IS this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a name change upon marriage)? C. Is this document recorded to create, terminate or reconvey a lender’s interest in the property? D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. cosigner)? E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: I. to a trust for the benefit of the grantor, or grantor’s spouse? 2. to a trust revocable by the transferor? 3. to a trust from which the property reverts to the grantor within 12 years? I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? J. Is this a transfer from parents to children or from children to parents? K. Is this a transaction to replace a principal residence by a person 55 years of age or older? L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. Failure to tile a claim results in the reassessment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWEREP ‘YES’ TQ ANY OF THE ABOVE QUESTIONS EXCEPT&&OR L, PLEASE SIGN AND DATE, OTEDfXWISE COMPLETE BALANCE OF THE FORM: PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date: RECORDING B. Type of transfer. Please check appropriate box. 1 Purchase cl Foreclosure 0 Gift 0 Trade or Exchange q Merger, Stock or Partnership Acquisition Contract of Sale - Date of Contract Inheritance - Date of Death 1 ] Other (please explain:) Creation of a Lease Assignment of a Lease I Termination of a Lease u Sale/Leaseback Date lease began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? q Yes w No If “Yes:” indicate the percentage transferred: 100 % AS-SV 25 SBE-ASD AH 502-A FRONT 1195 I ’ - -.. . PIe-Jse qnswer, to the best of your knowledge - ;oplicable questions, sign and date. If a question Tot appi,v. rndicated with “N/A ” PART III: PURCHASE PRICE Sr TL /IS OF SALE A. CASH DOWN PAYMENT or Value of Trade or Exchange (Excluding closing Cost) Amount B. FIRST DEED OF TRUST @ % Interest for - years. Payments&Jo = f Amount S - FHA ( Discount Points) Fixed Rate Conventional Variable Rate Assume Existing Loan VA ( Discount Points) All inclusive TD ($ ww@) Bank or Savings & Loan Cal-Vet Loan Carried by Seller Balloon Payment 0 Yes u No Due Date Amount 16 C. SECOND DEED OF TRUST @ % Interest for - years. Payments&lo = S Amounts - Bank or Savings & Loan Fixed Rate New Loan Loan Carried by Seller El Variable Rate El Assume Existing Loan Balloon Payment 0 Yes 0 No Due Date Amount S D. OTHER FINANCING is other financing involved not covered in (B) or(C) above 0 Yes M !zw Loan Amount S 1 Bank or Savines & Loan n Fixed Rate H Variable Rate - I ~~~~~ Assume Existing Loan Balance I ~-~~ I Loan Carried by Seller Balloon Payment u Yes E. IMPROVEMENT BOND CY No Due Date Amount $ Yes 0 No Outstanding Balance Amount S F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission, if paid Total Items A through E q Through a broker 0 Direct from Seller 0 Other (Explain) I G. PROPERTY PURCHASED If purchased through a broker, provide broker’s name and phone no: Please explain any special terms, seller concessions, or tin, and terms of sale. PART IV: PROPERTY INFORMATION A. Is Personal Property (movable items such as furniture, appliances, and equipment) included in the Purchase Price (Other than a mobilehome subject to local property taxes? 0 Yes f-1 No If “Yes” enter the value of the personal property included in the purchase price % (Attach itemized list of personal wverty) B. Is this property intended as your principal residence? II Yes 1-1 No If “Yes” enter date of occupancy Month bay , l9- or intended occupancy D; y > l9- Month C. Tvoe of Prooertv Transferred -. . _ a Single-family residence Agricultural Multiple-family residence (no. of Units) Co-Op/Own-your-own Commercial/Industrial DOES THE PROPERTY PRODUCE INCOME? D. I Lease/Rent III Contract EJ Timeshare Mobilehome Condominium Unimproved Lot Yes No Mineral Rights E. What was the condition of the property at the time of sale? ??I if yes, is the income from: Other - Explain: n Good Average 0 Fair 0 Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property: \ I certify, th(foreg$zg is true, correct and complete to the best of my knowledge and belief , (?tf a-*- / Date Please Print Name of New Owner/Corporate Officer - ,/ Phone Number where you are available from 8:00 a.m. - 5:00 p.m. /949.4qL+ L/s?* (NOTE: The Assessor may contact you for further information) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20.00). AS-SV 25 SBE-ASD AH-502-A BACK II95 . THE &KINhL OF THIS WcllldENT Ms REcllRDED OH SEP 303 1999 WnilylEM t#HDER lW-ot;66%4 GEXIRY 9. SNITH~ MWNTY RECORDER Recorded at the request of Chicago Title When Recorded Mail to: Carlsbad Redevelopment Agency C/o City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Title Order # 93038306 U13 1 W DIEGO ~~T~4~~~~R’S OfWiE : -LL ) 1 1 1 > > Escrow No: 93038306 PJ CONFtORM APN 204-070- 19 and 27 Space Above for Recorder’s Use Onlv i GRANT DEED The undersigned declares that the documentary transfer tax is $ 5.500.00 and is computed on the fi111 value of the interest or property conveyed or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tyler Court Partners, Ltd. a Missouri Limited Partnership and Lido Investments, Inc., a California corporation hereby GRANT(S) to Carlsbad Redevelopment Agency the following described real property in the County of San Diego, State of California: The Southwesterly 106 feet of Lot 9, of Industrial Tract in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3,1923, as more tilly described as per attached Description. Dated: September 26, 1999 Tyler Court Partners, Ltd. a Missouri Limited Partnership By: Lido Investments Inc., Diane F. Olson, President Page 1 Order No. 93038306 PARCEL 1: DESCRIPTION THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, OFI, JANUARY 3, 1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINES OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61.0 FEET OF THE SOUTHEASTERLY 69.10 FEET. PARCEL 2: THE SOUTHWESTERLY 61.00 FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1923. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET, (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2 JANUARY 3, 1923, EXCEPTING HEREIN DESCRIBED. SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY. PARCEL 4: LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CA?.LSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 3, 1923. PARCEL 5: THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS FOLLOWS: COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT AVENUE AND CENTER LINE OF FIRST STREET; THENCE SOUTH 55O 27' WEST ALONG CENTER LINE OF CHESTNUT AVENUE A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT ACUNA AND NEMESIA ACUNA, RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING ALONG CENTER LINE OF CHESTNUT AVENUE SOUTH 55O 27' WEST TO INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN ON SAID MAP; THENCE NORTH 34=' 33' WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE MOST WESTERLY CORNER OF LOT 11; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 11 TO THE SOUTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE SOUTH 340 33' EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE POINT OF BEGINNING. State of California) Countyof San Diego ) on 9/28 , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared DIANE F. OLSON, personally known to me or proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the entity upon behalf of which the person(s) acted, G - - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated September 26, 1999, from Tyler Court Partners, Ltd. to the Carlsbad Housing and Redevelopment Agency, is hereby accepted by the Housing and Redevelopment Commission of the City of Carlsbad, pursuant to Resolution No. 3 12, adopted July 20, 1999, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 30,1999 -_ GREGORY J. SMITH SA ,Ik,.ijO COLXTY ASSESSOR i RECORDEh tERK 1600 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO, CALIFORNIA 92101-2480 TELEPHONE (619) 531-5848 PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLER/TRANSFEROR: Tyler Court Partners, Ltd. and Lido Investments, Inc., a California corporation A Preliminary Change in Ownenhip Report must be filed with each conveyance, in the County Recorder’s office for the county where the property is locabd; this particular BUYER/TRANSFEREE: Carlsbad Redevelopment Agency form may be used in all 58 counties in ASSESSOR’S PARCEL NUMBER(S): 204-070- 19 and 27 . . . California PROPERTY ADDRESS OR LOCATION: 3363 Tyler Street, Carlsbad, California Mail Tax Information To: (Name): Carlsbad Redevelopment Agency (Address): 20% L4> Fm C,‘, X%&3 I NV-O CSH AREA NV-T PP ’ 1200 CARLWW VILLAGE DPIVE , CARLSBAO f es. %a~@ NOTICE: A lien for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November I, and one-half is due February I. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 3 I, YOU MAY BE RESPONSIBLE FOR THE SECOND MSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 531-5761. For information about this form, please call the Change in Ownership Section at (6 19) 53 I-5848. PART 1: TRANSFER INFORMATION Please answer all questions Yes No A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)? 9. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a name change upon marriage)? C. Is this document recorded to create, terminate or reconvey a lender’s interest in the property? D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. cosigner)? E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: 1. to a trust for the benefit of the grantor, or grantor’s spouse? 2. to a trust revocable by the transferor? 3. to a trust from which the property reverts to the grantor within 12 years? I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? I. Is this a transfer from parents to children or from children to parents? K. Is this a transaction to replace a principal residence by a person 55 years of age or older? L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. Failure to tile a claim results in the reassessment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED ‘YES’ TO ANY OF THE ABOVE QUE§TIONS EXCEPT J, K, OR L., PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF TI3E FORM EVKRT II: OTHER TRANSFER INFORMATION Date of transfer if other than recording date: RECORDING Type of transfer. Please check appropriate box. w Purchase q Foreclosure q Gift 0 Tradeor Exchange q Merger, Stock or Partnership Acquisition Contract of Sale - Date of Contract Inheritance - Date of Death Creation of a Lease Date lease began 1 1 Other (please explain:) Assignment of a Lease El Termination of a Lease u SaleILeaseback Original term in years (including written options) Remaining term in years (including written options) Was only a partial interest in the property transferred? q Yes u No If “Yes:” indicate the percentage transferred: 100 A:- S SV 25 SBE-ASD AH 502-A FRONT l/95 % ?!easc’inpver, to the best qf~ortr knowledge, ,pp[icable questions, sign and date. If a question a 201 apply. rndicated rrrith “.Vf,4 ” Y-T III: PURCHASE PRICE & TEL.LS OF SALE A. B. C. D. E. F. CASH DOWN PAYMENT or Value of Trade or Exchange (Excluding closing Cost) FIRST DEED OF TRUST @ % Interest for __ years. Payments/M0 = I FHA ( Discount Points) Conventional VA ( Discount Points) Cal-Vet Balloon Payment 0 Yes 0 No H Fixed Rate Variable Rate All inclusive TD (S wrapped) Loan Carried by Seller Due Date Amount $ SECOND DEED OF TRUST Q % Interest for years. Payments440 = El Bank or Savings & Loan Loan Carried by Seller Balloon Payment 0 Yes 0 No El Fixed Rate Variable Rate Due Date Amount $ OTHER FINANCING is other financing involved not covered in (B) or(C) above El 0 Yes Bank or Savings & Loan Fixed Rate Loan Carried by Seller Variable Rate Balloon Payment 0 Yes E No Due Date Amount S IMPRoVEMENT BOND CF Yes 0 No Outstanding Balance Amount 3 TOTAL PURCHASE PRICE (or acquisition price, if traded or Amount 5,000,000.00 s Amount $ - R New Loan Assume Existine Loan Bank or Savings & Loan Finance Company s- Amount $ - El New Loan Assume Existing Loan R No Amount S New Loan I Assume Existing Loan Balance I I I s 5,000,000.00 I exchanged, include real estate commission, if paid Total Items A through E 0 Through a broker 0 I 0 Other (Explain) I G. PROPERTY PURCHASED D’ erect from Seller If purchased through a broker, provide broker’s name and phone no: Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price and terms of sale. &‘ART IV: PROPERTY INFORMATION Is Personal Property (movable items such as furniture, appliances, and equipment) included in the Purchase Price (Other than a mobilehome subject to local property taxes? m Yes n No If “Yes” enter the value of the personal property included in the purchase price s (Attach itemized list of personal property) Is this property intended as your principal residence? If “Yes” enter date of occupancy Type of Property Transferred Single-family residence Multiple-family residence (no. of Units= Commercial/Industrial To PE GWNRD + OPERATED BY -I-ME CARI%RAD HEN-I- AGGNCY B I= XpHPrWY e TA3ES. I certifif the foregoing is true, correct and complete to the best of my knowledge and belief Signed: ‘L-e k Date 412qh Please Print Name of Ne7Owner/C&p orate Officer CAPLSBAD REDWJEI oPtiEM- A=r\lC\( Phone Number where you are available from 8:00 a.m. - 5:00 p.m. (NOTE: The Assessor may contac If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20.00). AS-SV 25 SBE-ASD AH-502-A BACK l/95 23 .a -;=/ ‘2 I L.7 e? 9.. *.. 2.7 T7 . . . P q. i [’ .. / . . . ./3 . 9. ---- Y _ . 2. . ./. ,. 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