HomeMy WebLinkAboutSDP 85-08; KUBOTA; Site Development Plan (SDP)r· '1 ". LAND USE P1.ANNING A LICATIDN .
OZone Ch~e
Cl General Plan AmeB1ment o Tentative Tract Map
DISCRETI~ H:'TICN3
REQUEST
OSpecifico Plan
°OSite Develqm:mt Plan
DConditional Use Permit o Major Planned Unit Developnent OVariance .
° ClPlannin; Carmission Detennination
OSpecial Use PeI1llit
o Master Plan o Major RedevelOfrnent Permit o Minor Redevelopnent Permit OStructure Relocation o Precise Develq:ment Plan [)Major Condominium Permit
(check other boxes if appropriate) ocoastal Penni. t {Portion of RecleVlelcpn:mtl
Area
necessary
Two-story professional office building, parking areas and driveway, and site
landscaping
Ci arlsbad
R. Kubuta
'SIGNATURE
-.~
•
Issuing Office:
WOOffilrn KUBOTA AND ASSOCIATES, INC.
2565 PIO PICO DRIVE
CARLSBAD, CA 92008
Attention: PAM
•
1301 THIRD AVENUE
P.O. BOX 1590
SAN DIE GO, CALIF ORNIA 92112
(619) 232-4031
Your Ref: KUBOTA
Our No: C-663398
1st Amended Re port da ted as of Aug ust 16, 1985 at 7: 30 a.m.
In response to the above referenced application for a policy of title
insurance,
SAFECO TITLE INSURANCE COKPANY
hereby reports that it is prepared to issue, or cause to be issued, as of
the date hereof, a Policy or Policies of Title Insurance describing the land
and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception in Schedule B or not excluded fran
coverage pursuant to the printed Schedules, Conditions and Stipulations of
said Policy forms.
The priated Exceptions and Exclusions from the coverage of said Policy or
Policies are set forth in the attached list. Copies of the Policy forms
should be read. They are available from the office which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR A1£NDMENTS HERETO) IS ISSlJED SOlELY FOR
THE PlJR.PGSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITIE INSURANCE AND NO
LIABILITY IS ASSUMED HEREBY. IF IT IS IESIRED THAT LIABILITY BE ASSUMED PRIOR
TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR. COMMITMENT SHOlll.'D
BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy
2. American Land Title Association Owner's Policy Form B
3. Amer'ican Land Title Association Residential Title Insurance Policy
4. American Land Title Association Loan
Title Officer MARY GREGORY
RECEIVED !
A.U G %;~ 1985 I
WOODSIDE-KUBOTA & ASSOC. I
CONSULTING ENGiNEERS I
CARLSBAD .....J. SAFECD ~ TITLE INSURANCE
Order No. C-663398
SCHEDlJLE A
1. The estate or interest in the lam hereinafter described or referred to
covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA,
husband and wife, as j oint tenants
3. The land referred to in this report is situated in the State of Cali-
fornia, County of San Diego, and is described as follows:
SEE IESCRIPTION ATTACHED
(j)
.. •
PARCEL A:
•
DESCRIPTI0N
C-663398
DESCRIPTION
Parcel A, in the City of Carlsbad, Co un ty of San Diego, State of California,
as shown at Page 720 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, January 20, 1972.
PARCEL B:
That portion of the Frontage Road (also known as Pio Pico Drive), per
relinquishment Map No. 19046, File No. 69239, dated March 23, 1972, described
as follows:
Beginning at the Southwest Corner of Parcel "A", as shown on Parcel Map 720,
recorded in the Office of the Recorder of San Diego County, State of
California, on January 20, 1972, File No. 15655; thence South 21 0 40' 16" East
along the Easterly right of way and access control line of State Highway 11-
SD-5 (Interstate 5 Freeway) a distance of 254.93 feet; thence continuing along
said right of way and access control line South 26 0 17' 40" East 99.70 feet,
to the beginning point of a non-tangent 929.54 foot radius curve concave
Easterly, a radial line to said point bearing North 64 0 52' 36" East; thence
Northerly along said curve 298.12 feet, through a central angle of 180 22' 32"
to the Southeasterly corner of aforementioned Parcel" P;', Parcel Map 720;
thence North 890 26' 43" West 10.84 feet; thence North 31 0 27' 04" West 23.59
feet; thence North 58 0 29' 22" West 39.49 feet to the Point of Beginning.
Order No. C-663398
Schedule B
Page 1
•
SCHEDlJLE B
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions in the policy form designated on the face page of
this Report would be as follows:
1. Property taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1985-1986 which are a lien not yet payable.
2. Property taxes, including
collec ted with taxes, for the
1st Installment:
any personal property taxes and any assessments
fiscal year 1984-1985.
$227.08 Paid
2nd Installment: 227.08 Paid
Homeowners Exemption: None
Code Area:
Assessment No:
09000
156-120-61
3. Bonds or assessments levied, if any, by the Fallbrook Public Utility, A
report of which has been ordered.
4. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
Taxation Code of the State of california.
5. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: The County of San Diego
Purpose:
Recorded :
Affects:
(No Representation is made as to the present ownership of
said easement)
A public highway
April 30, 1931 in Book 1869, page 460, Official Records
The route thereof affects a portion of Parcel A herein
described and is more fully described in said document.
6. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Gr an ted to: County of S an Diego
Purpose:
Recorded:
Affects:
(No Representation is made as to the present ownership of
said easemen t)
Public highway
April 28, 1931 in Book 1887, page 7 of Deeds
The route thereof affects a portion of Parcel B herein
described and is more fully described in said document.
7. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to: City of Carlsbad
· Order No. C-663398
Schedule B
Page 2
Purpose:
Recorded:
Affects:
(No Representation is made as to the present ownership of
said easement)
Sewer line
November 27, 1970 as File No. 217613, Official Records
The route thereof affects a portion of Parcel 1 herein
described and is more fully described in said document.
8. The fact that the ownership of said land does not include rights of access
to or from the street or highway abutting said land, such rights having been
severed from said land by the document,
Recorded: May 26, 1972 as File No. 134249, Official Records
Affects: Said land
9. .An Agreement between Developer-Owner and the City of Carlsbad for the
payment of a public facilities fee, recorded July 10, 1985 as File No. 85-
246095, Official Records.
END OF SCHEDULE B
ju
amend/al
• WOODSIDE/KUBOTA'" ASSOCIATES, INC.
1.
.NOIN •• ".
o 501 West Dyer Road· Santa Ana, California 92707· Phone: (714) 979·5240 n 2565 Pio Pico . P.O. Box 1095· Carlsbad, California 92008 ~619) 729-1194
To: .~.J.~.¥...?f. .. ~.~:'!.?~.~.~ ....................................... .
(hand delivered) ............................................. ' ........................... .
ATTENTION: Land Use Planning
1. No. of Copies
____ IMPROVEMENT PLANS
____ PARCEL OR TRACT MAP
.lL-MISC. DOCUMENTS
Date: .... ~~~.~ .. ~.?~ .................................. 19 ... ~.? ....... .
Subject: ... ~:.~f.~~~~.~~~~ ... ~!.f.~.~~ .. ~~~.~.~].~.~ ......... .
. .. ~~~~ .. ~~.?.~).~?. .. ~r.J.y.~~ ... ~~.r.}.~~.~.~ ........ .
Jack Y. and Patricia R. Kubota
. PRP 8502 PROJECT NO .......................................................... .
Description: Site Development Plan Submittal
STATUS SENT FOR YOUR PLEASE NOTE
o PRELIMINARY
o REVISED
o APPROVED
o RELEASED
o APPROVAL
o COMMENT
KJ USE
o FILE
Your attention is directed to the following checked notations:
o RETURN PRINT(S) FOR CHECK & APPROVAL
o RETURN ORIGINAL AND ___ PRINT(S) WHEN CORRECTED
o
11. The attached are sent per your request:
No. of Copies:
o REVISIONS
o ADDITIONS
o OMISSIONS
o CORRECTIONS
REMARKS: Enclosed are the followin documents for the Site Deve]o ment Plan submittal
regarding the subject project: a) 18 prints of Site Plan, (b) 18 prints
of Preltminar Landsca e Plan, c 18 rints of Buildin Elevations and Floor
Plans, d) one copy of 8*xl1 site plan and elevations, (e) one copy of 8~xll
location map, (f) Environmental Impact Assessment Form, (9) Publ ic Facil ity
Agreement -one not~rized original and one reproduced copy, (h) Disclosure
Statement, i Preliminar Title Re ort -lease note that an u -to-date
report will be furnished shortly, (j check no. 15473 in the amount of
$540.00 -$365.00 for LUP approval, and $175.00 for EIA.
Please refer all inquiries
concerning this project to: .RQP..~r.:t: .. .BQ'y'~~.~ ... g.~.?§ .. .RR.9.?~.y.C?J.:t.Street, Su He 3, Carl sbad PHONE: 434-6259
Copies to:
(1) Robert Royce, AlA (w/enc) L
(2) __________________________ ___
(3) ________________ __
(4) ____________ _
California Land Tit'e Association Standard
~ CO\'erQ91 Policy Form-1973 • '" .
FORM NO. 4000
Re.ised 10·73
Policy ot Title Insurance c,,~, ,~~ ~(~' ')r-._,.:':; .,..'1 ~\ :\i.t.:'iVt i / .,;;;.'.
_:.J "-'
JAN 23 i813 \ Issued by ~vTI1 G,-~,NSI;)E jR. ~_
"~alth .u~ "':\merita ~
'-.N. T. S:-S.A.
, eal /~
Transamerica Title Insurance Company ~
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TRANS-
AMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company,
insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company
may become obligated to pay hereunder, sustained or incurred by said insured ,by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway
if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity,
or claim thereof, arises out of the transaction evidenced by the insured mortgage and is b~sed upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Sched·
ule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
Transamerica Title Insurance Company
, ____________ --. By
President
RECEIVED
JAN 2 6 1978
WOODSIDE-KUBOTA 6.: ASSOC.
CONSULTiNG ENGINEERS
CARLSBAD
/56-/~O-bl
By Secretary
(j)
,FORM NO. 810 REVISED 10A a
I 'FOR USE WITH CAL.IFORNIA LA~~D -.r: ASSOCIATION STANDARD COVERACE POL.ICY ~ -1973
SCHEDULE A
Amount of Insurance S 42, 500 • 0 a Char~e S 232. 00
Date of Policy JANUARY 19, 1978 AT 8: 00 A.M. Order No. 30600
RE: 887-4899
Namc of Insured:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA,
1. The estate or interest in the land described herein and which is covercd by this policy is a fee
2. The estate or interest referred to herein is at Date of Policy vested in:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA,
HUSBAND AND WIFE AS JOINT TENANTS
FORM NO. 804
, FOR USE WITH ALTA LOAN POLICY-1970 AND ALTA CONSTRUCTION LOAN P:)LICY-1975
WITH STREET IMPROVEMENT ASSESSMENT COVERAGE.
FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973
SCHEDULE A-Continued
The land referred to in this policy is situated in the State of California, County of SAN DIEGO
CITY OF CARLSBAD , ancI is (Iescribcd as follows:
PARCEL 1:
PARCEL itA II AS SHm"rN ON PARCEL MAP NO. 720, FILED JANUARY 20, 1972,
IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, BEING A PORTION
OF LOT 4 IN T11S R4 W SECTION 31.
PARCEL 2:
T,HAT PORTION OF THE FRONTJ'I.GE ROAD (ALSO KNOWN AS PIO PICa DRIVE)
RELINQUISHED TO THE CITY OF CARLSBAD BY THE STATE OF CALIFORNIA,
DIVISION OF HIGHWAYS, PER RELINQUISHMENT HAP NO. 19046, FILE
NO. 69239, DATED MARCH 23, 1972, DESCRIBED AS FOLLmvS:
BEGINNING AT THE SOUTHI"iEST CORNER OF PARCEL "A", AS SHOWN ON
PARCEL MAP 720, RECORDED IN THE OFFICE OF THE RECORDER OF
SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JANUARY 20, 1972,
FILE NO. 15655; THENCE SOUTH 21°40 1 16" EJ'I.ST ALONG THE EASTERLY
RIGI-iT OF ~vAY AND ACCESS CONTROL LINE OF STATE HIGHWAY 11-SD-5
(IN'rERSTATE 5 FREElvAY) A DISTANCE OF 254.93 FEET i THENCE CONTINUING
ALONG SAID RIGHT OF WAY AND ACCESS CONTROL LINE SOUTH 26°17'40"
EAST 99.70 FEET, TO THE BEGINNING POINT OF A NON-TANGENT 929.54
FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
BEARING NORTH 64 ° 52 '36 II EAST i THENCE NORTHERLY ALONG SAID CURVE
298.12 FEET, THROUGH A CENTRAL ANGLE OF 18°22'32 11 TO THE SOUTH-
EASTERLY CORNER OF AFOREI1ENTIONED PARCEL "A", PARCEL MAP 720 i
THENCE NORTH 89°26'43" WEST 10.84 FEET; THENCE NORTH 31°27'04 11
WEST 23.59 FEET; THENCE NORTH 58°29'22" WEST 39.49 FEET TO THE
POINT OF BEGINNING.
-"\
"FORM NO. 812 REVISED 5_ . It
FOR USE WITH CALIFORNIA LAND Til LE ASSOCIATION STANDARD COVERAGE POLICY FvnM -1973
SCHEDULE B
This policy does not inbure against I():;~ or damage, nor againsl cosls, attorneys' fees or expens('s, any or all
of which arise by reahon of the following:
Part I
1. Taxes or aSSe~[olmellts which arc not shown as existin~ lil'ns Ily lhe records of any taxing authority that
levies laxes or as~cssillents O~l real property or hy Ihe public rt'conk
Proceedin~5 by a p"blic a;!pnc), \\ lIich llIay result in taxes or a~"t'~"lllellts, or lIotices of such proceedings,
whether or not ';)10\\,11 hy the n:l'ords of such il)!:CIlCY or by the public records.
2. Any facts, ri!!hts, intcrcsts or claims which al'(' /lot shown by till' public rcrords bllt which could he
ascertained hy an inspection of the land or by makin:.r illquiry of pel':;o(ls in posse~sion thereof.
3. Easements, liens or ellCUlllbnlJlet!~, or claims thercof, which are not shown hy the puhlie records.
4. Discrepancies, conflicts in boundary lines, shortap:e in area, cncroachments, or any other facts which a
correct snrn!y woull! di~close, and which are not shown by the puhlic records.
5. (a) Unpatented mining claims; (b) reservations or exceptions ill patents or in Acts authorizing the
issuance thereof; (c) waler rights, claims or title to water.
6. Any right, title, interest, estate or casement in hlJHl he) ond the lint·s of the area !'pecifically descriheJ
or referred to in Schedule A, or in abutting streets. roads, aVellllC~, alleyt',lancs, ways or waterways, hut
nothing in this para~raph shall'Jllo,lify or limit tltc extent to which the ordinary right of an ahutting
owner for access to a physically open street or highway is illbllred hy this policy.
7. Any law, ordinance or govf'rnmental re)!ulation (illc1111linl!; hut not limited to lmildinl! and zoning ordi-
nances) restricting or r('f!Ulalill~ or prohibiting the o\:eupancy, use or enjoymellt of the land, or regu-
lating the character, clilllensiolls or location of any improvcment now or hereafter erected on the land,
or prohibiting a separation in ownpr~hip or a retllletion in tl~e dimensions or area of the land, or the
effect of any violation of any such law, ordinance or gOYf'rnllll'ntal r('gulation.
8. Rights of eminenl domain or !!oYcrnmcntal rights of police power unless notice of the exercise of snch
rights appear~ in the public records.
9. Defects, liens, encumbrances, atlverse claims, or other matters (a) created, slrfTcred, assumed or agreed
to by the insured claimant: (h) not shown by the public records and not otherwise excluded from cov-
erage hut known to the insured claimant either at Date of Policy or at the datc su('h claimant acquired
an estate or interest insured by this policy or acquired the insured lllortgage anclnot clisclosed in writing
by the insured claimant to the Company prior to the date such insured claimant became an inbllred
hereunder: (c) resulting ill no los:; or damage to the imured claimant; (d) attaching or createu subse-
quent to Date of Policy: or (c) resulting in lo:;s or dama!!e which would not have heell sustained if the
insured claimant had been a purchaser or encumbrancer for value without knowledge.
SEE NEXT PAGE FOR SCHEDULE B PART II
F.ORM NO. 813 REVISED 5-6 . •
FOR USE WITH CALIF"ORN:A ,-" .• 0 TlW'ASSOCIATION STANDARD COVERA:lE POLICY F" .-IP73
S C II E D U LED Part II
A. TAXES FOR THE FISCAL YEAR 1977-1978, A LIEN NOW DUE AND
PAYABLE, AS FOLLOI<lS:
FIRST llJSTALLMENT
SECCND INSTALIl·'ENT
$117.75 -PAID
$117.75 -OPEN
1. EASEMENT AND INCIDENTS THERETO;
GRANTED TO
PURPOSE
RECORDED
BOOK
PAGE
AFFECTS
SAN DIEGO CONSOLIDl,TED GAS & ELECTRIC
COIvIPANY, A CORPORATION
PUBLIC U'rILITY
JULY 14, 1921, OFFICIAL RECORDS
853
315
SOUTHERLY 2 FEET OF SAID LAND
-2. EASElvIENT FOR ANCHOR AND INCIDENTS THERETO,
GRANTED TO
RECORDED
BOOK
: SAN DIEGO GAS & ELECTRIC COMPANY
:·AUGUST 17, 1959, OFFICIAL RECORDS
7832
: 496 PAGE
AFFECTS : WITHIN THE SOUTHWESTERLY 25.00 FEET OF
THE SOUTHEASTERLY 2.0 FEET OF SAID LOT 5;
THE SOUTHWESTERLY 25.0 FEET OF THE NORTHWESTERLY 2.0 FEET OF
SAID LOT 6.
SAID ~mTTER AFFECTS PARCEL 2.
3. EASEMENT FOR SEWER LINE F ... ND INCIDENTS THERETO,
GRANTED TO
RECORDED
INSTRUMENT NO.
AFFECTS
CITY OF CARLSBAD
NO'VEHBER 27, 1970, OFFICIAL RECORDS
217613
THE SOUTHI1ESTERLY 10 FEET OF SAID PARCEL 2.
4. LACK OF ACCESS RIGHTS AS RELEASED AND RELINQUISHED TO THE FPBEWAY
LYING SOUTill·mSTEPLY OF SAID LAND, SAID RIGHTS HAVING BEEN
RELINQUISHED ON PARCEL MAP 720 AND DEED RECORDED MARCH 26, 1953,
IN BOOK 4798, PAGE 63, OFFICI1\L RECORDS.
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?,
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the
following:
Part I
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by an in-
spection of the land or by making inquiry of persons in pos-
session thereof.
3. Easements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or excep-
tions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond
the lines of the area specifically described or referred to in
Schedule A, or in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing in this paragraph shall modify or
limit the extent to which the ordinary right of an abutting owner for
access to a physically open street or highway is insured by this
policy.
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions, or location of any
improvement now or hereafter erected on the land, or prohibiting
a separation in ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in the
public records.
9. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not
otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant
became an insured hereunder; (c) resulting in no loss or damage
to the insured claimant; (d) attaching or created subsequent to
Date of Policy; or (e) resulting in loss or damage which would not
have been sustained if the insured claimant had been a pur-
chaser or encumbrancer for value without knowledge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (Rev. 10-17-70 and 10-17-84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental pOlice power.
(b) Any law, ordinance or governrnental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a change In the dimenSions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a
violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title
encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided,
however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental
protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant
acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured
claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of
Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
(List of Printed Exceptions and Exclusions Continued on Reverse Side)
SAFECO Stock No. CAP-0372C (Rev. 4-85)
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED)
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date -unless they appeared in the public records.
• that result in no loss to you
• that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of
Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
SCHEDULE B -EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Part I
(a) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This exception does not limit the lien coverage in Item 8 of Covered Title Risks.
(c) Any facts about the land which a correct survey would disclose and which are not shown by the public records.
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (Rev. 10-17-70 and 10-17-84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
2.
3.
4.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on
the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land'is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a
violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title
encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided,
however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental
protection, zoning, building, health or public safety authorities.
Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequentto Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or
to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
~ Unenf~rceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or o(any s'ubsequent owner of the indebted-
ness to comply with applicable "doing business" laws of the state in which the land is situated. e e
,.:..."' .. ....-.,...----
) ~)SAFE!O PRELIMINARY REPORT
TITLE INSURANC' COMPANY
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CARLSBAD, CAl..JF~_··
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APPLlCAN'l':
AGENT:
MEl-mERS:
Jack Y. and Patricia R. Kubota
Name (individual, partnership, joint venture, corporation, syndication)
P.O. Box 1095, Carlsbad, California'9200B
Business Address
(619) 729-1194
'1'el.phon~ Number .
Robert J~ Royce,·AIA
Name
2956 Roosevelt street;-suite 3, Carlsbad, California 9200B
Business Addres!!l
Telephone Number
n/a
llame '(individual, partner, joint,
venture, corporation. syndication)
Business Address
Telephone Number
!iame
3~siness Address
?elephone Nc:nber
Home Address
Telephone Number
Home Address
Telephone ~hu:tber
(Attach more .sheets if necessary) ..
......
I/Vle. d9cla:e under ,penalty 'of perjury that the information 'contained :in this diSt-.
rel ied upon as being true and 'Correct until amended. . .~~_
closure is L""U9 and correct and that it will remain true an~' ect and -may be"
' . . . r;4#~ .
. . . . JACK Y. KUBOTA " U F' • •
PATRIC IA R.· KUBOTA ~'i-
Applicant
\ \
'BY --------------~.--~----~----~.,~--~-------;c:Agent, CC .... -ner ~Par\:i1Etr
i .. ...
R;CORDING REQUESTED B~ND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
)
)
)
)
)
)
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Par c e 1 No. \ tk) -\ 2.0 -CO t
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is e~tered into thi~ p'-\"f\day of -lJt"e_ , 1965
by and between JACK Y. AND PATRICIA R. KUBOTA ----~~----------------------------------------------------
(name of developer-owner)
as individuals , hereinafter referred to as '~~~~~~~~~~~~~~~~----~-partnership, etc.
"Developer" whose address is 2565 Pia Pica Drive
-----~(-s-t-r-e-e-t~)----------------------------------
Carlsbad, California, 92008 and Tl-IE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
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:
REV 4-2-82
on said Property, Whit development carrl.es e the proposed name of
Pia Pica Professional Offices
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the-15th day of June ------~~~-----------
19~, with the City a request for approval of a "site development plan"
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and serVl.ces are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
NOW, THEREFoRE4iln consideration of the r~tals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be 1n
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for converS10n 0 f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Tit Ie s 18 0 r 20 0 f the Car Is bad Mu n i c i pal Cod e •
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement 1S paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide ~he facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and serV1ces
sufficient to accommodate the needs of the Development herein
described.
-4-
REV 4-2-82
6 . All obligati~ hereunder shall termina~in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be ~n 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 purpose whatsoever unless served in one of
the following manners:
7.1 If notice ~s g~ven to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice ~s given to Developer by personal delivery
thereof to Developer or by depositing the same ~n the United States
Mail, enclosed ~n a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and ass~gns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property,· all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
• ",-'" '" _ tt
ciiii '" ~
IN WITNESS WHEREOF, this agreement 1S executed 1n San Diego
CountYi California as of the date first written above.
DEVELOPER-OWNER:
JACK Y. KUBOTA, an individu~1
BY=tCcg ~ (n~ ~ ..
~ATRICIA R. KUBOTA, anoindividual
(name)
By-rj:J~~
<Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VTNCENT F. BIONDO, JR.,
STATE OF CALIFORNIA
COUNTJY OF 17san Di ego } SS.
On une ,1985
th . before me,
e undersIgned, a Notary Public in and for said County and State
personally appeared Jack Y. Kubota and ' Patricia R. Kubota
--~~-----------------------------, known to me
too ~e ~he person~whose name S a re subscribed to the
wlthm mstrument and acknowledged thaL they d h "m~ i. Z L.u-L """" • ,
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
-----~C~i~t-Y--~M~a-n---a-g-e-r-------------------
@J
SAFECO
FOR NOTARY SEAL OR STAMP
•
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF THAT LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, CITY OF CARLSBAD, DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL "A" AS SHOWN ON PARCEL MAP NO. 720, FILED JANUARY 20, 1972,
IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, BEING A PORTION
OF LOT 4 IN T11S R4 W SECTION 31.
PARCEL 2:
THAT PORTION OF THE FRONTAGE ROAD (ALSO KNOWN AS PIO PICO DRIVE)
RELINQUISHED TO THE CITY OF CARLSBAD BY THE STATE OF CALIFORNIA,
DIVISION OF HIGHWAYS, PER RELINQUISHMENT MAP NO. 19046, FILE
NO. 69239, DATED MARCH 23, 1972, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHlVEST CORNER OF PARCEL "A", AS SHOWN ON
PARCEL MAP 720, RECORDED IN THE OFFICE OF THE RECORDER OF
SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JANUARY 20, 1972,
FILE NO. 15655; THENCE SOUTH 21°40'16" EAST ALONG THE EASTERLY
RIGHT OF WAY AND ACCESS CONTROL LINE OF STATE HIGHWAY 11-SD-5
(INTERSTATE 5 FREEI\TAY) A DISTANCE OF 254.93 FEET; THENCE CONTI~UING
ALONG SAID RIGHT OF WAY AND ACCESS CONTROL LINE SOUTH 26°17'40"
EASrf 99.70 FEET, TO THE BEGINNING POINT OF A NON-TANGENT 929.54
FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
BEARING NORTH 64°52'36" EAST; THENCE NORTHERLY ALONG SAID CURVE
298.12 FEET, THROUGH A CENTRJ'l.L ANGLE OF 18°22'3211 TO THE SOUTH-
EASTERLY CORNER OF AFOREHENTIONED PARCEL "A", PARCEL MAP 720;
THENCE NORTH 89°26'43" ~VEST 10.84 FEET; THENCE NORTH 31°27'04"
WEST 23.59 FEET; THENCE NORTH 58°29'22" WEST 39.49 FEET TO THE
POINT OF BEGINNING.
(j):
DA'IE REX:EIVED: __ b-L.../;_1.!..-f.7 iA-=-~~:s-__ _ CASE 00.: S D P ~ ~ -~
APPLICANT:~ ~ X RECUFST:6~~~~~:::::l=:::f---l~F-7 =., -F;i~=,~'=/""':"';~~lJA~~~:::::----U-~-' -u-~---
ENVI~~L
~OR~: ______________________ _
Posted: ________ _ Prior Coolpliance: ______ _ Published : __ _
Filed: ______ _ Filed:
NEGA..TIVE DEX::IARATIrn: __________ _
Posted: 11 -;;27-1<5' Published: '1-Q:t-2S Notice of Detennination : __ _
~ IMPACT REPORI': ____ --=-=---:-:-_--=-_
Notice of Notice of
Preparation:____________ Canpletion: ____ _
PIANNING cn.MrSSlrn
1. Date of Hearing: __ .....!,<2.}....-..:::;Q~~!._-..:.;~1.::::5~ __ _
2. Publication: 8'-1,-~5 ------~~--==~-----
3. Notice to Property Q.mers: ~ -) (0 -~5'
Notice of
Detennination:
4. Resolution No. 62420:.! dY g( j Date: 2/cl~)t<~
(~nOnuedto: __________ __
5. A};:peal: _____________ _
CITY COONCIL N! tQ 1.. Date of Hearing:
2. Notices to City Clerk: tv/A
3. Agenda Bill:
----
4. Resolution No. Date: ____ _ ACTION: ____ _
5. Ordinance No. Date: -----
-Staff Report to Applicant: _____ ~ ___ _
Resolution to Applicant: ________ _
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