HomeMy WebLinkAboutCUP 2019-0034; FIRE STATION NO. 2 TEMPORARY LOCATION; Conditional Use Permit (CUP)C City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[j] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed (n this application !r! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Steven Stewart
Address: 1635 Faraday Avenue
Phone Number: 760-602-7543
PROPERTY OWNER
Name: __________ _
Address: __________ _
Phone Number: __________ _
Address of Site: 1775 Dove Lane Carlsbad, CA 92011
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number: N/A ------------------
Specify list(s):_N_i_A __________________________ _
Regulatory Identification Number:_N_i_A _____________________ _
Date of List:_N_i_A _____________________________ _
Steven Stewart
Applicant Signature/Date
D1g1tally signed by Steven Stewart
Date. 2019.09 2416 34.21 -07'00' Heather Pl"zzuto D1g1tally signed by Heather Pizzuto
Date 2019 09.25 14.45 50 -07'00'
Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C} Page 1 of 2 Revised 02113
(. J )
Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseLisUdefault.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http: //g eotrack er. waterboa rd s. ca. g av/
County of San Diego
Department of Environmental Health Setvices
www.co.san-diego.ea.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmaUhazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www. e pa. gov /su pe rf u n d/s ites/ cu rs ites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www. epa. gov /su pe rf u n d/s ites/n p I/ n pl . htm
P-1(C) Page2of2 Revised 02113
( City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www .carlsbadca.gov
PROJECT NAME: Carlsbad Fire Station No 2 Temporary Location
APPLICANT NAME: Steven Stewart
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
The intent of the project is to provide temporary housing for the firemen and their
apparatus while the construction of the permanent Fire Station 2 takes place. The
occupancy of the temporary station is only anticipated to last a year to a year and a
half.
The project will consist of two temporary structures; The first structure being a rental
sprung structure. This will be used to house the apparatus and the ambulance
currently being housed at the permanent station. The second is a manufactured
modular home. This will provide sleeping and office quarters for the firemen. A small
_chain-link fence enclosure will be provided on the site for trash and recycling, as well
as the generator which will be moved over from the existing station 2.
The site will be surrounded with a 6'-0" tall chain-link fence, equipped with privacy
slats for site security. A new driveway will be added giving the fire department a
private drive from Dove Lane. The only landscape improvements will be to patch and
repair the area surrounding the new driveway.
P-1(B) Page 1 of 1 Revised 07110
Date Filed:
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
____________ (To be completed by City)
Application Number(s):
General Information
1. Name of project Carlsbad Fire Station No 2 Temporary Location
2. Name of developer or project sponsor: _S_t_e_v_e_n_S_t_e_w_a_rt ___________ _
3.
Address 1635 Faraday Avenue
City, State, Zip Code, Carlsbad, CA 92008
Phone Number 760-602-7543
Name of person to be contacted concerning this project:
Address 1635 Faraday Avenue
City, State, Zip Code, Carlsbad,CA 92008
Phone Number 760-602-7543
Steven Stewart
4. Address of Project 1775 Dove Lane, Carlsbad CA 92011
Assessor's Parcel Number 215 0507000 -----------------------
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: _L ________________ _
7. Existing zoning district: _c_-_L_S_h_o_p_p_in_g_C_e_n_t_e_r ______________ _
8. Existing land use(si _L_ib_r_a_ry_P_a_r_k_in_g_L_o_t ______________ _
9. Proposed use of site (Project for which this form is filed): Temporary Fire Station
Project Description
10.
11.
12,
13.
t4.
P-1{0)
Site size, 20, 162 sf (fenced temporary site)
Proposed Building square footage: _3_,_6_8_9_S_F _______________ _
Number of floors of construction: _1 ____________________ _
13 Amount of off-street parking provided: __________________ _
A • d . 15 Carlsbad Fire Station No 2 ssocIate proiec : ________________________ _
Page 2 014 Revised 07110
15. If residential, include the number of units and schedule of unit sizes: _N_/A _________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _,_,, ______________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _,_., ________ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _,_, _____________________ _
P-1(0) Page 3 of 4 Revised 07110
32. Describe the project site as it exists before the project, including information on topography, soi\
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
The existing site is a parking lot that is used by dove library. The lot is located
off to the side of the building, so it will have little impact of the typical library
staff and visitors. Photos included on the following pages.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
The parking lot is surrounded by the library, parking lot, Dove Lane and a large
hillside that has residential houses on top of it on the other. There are no
surrounding scenic, cultural, or historic aspects that would be impacted by the
temporary station. The only impacted vegetation will be the ground cover for
the installation of the new driveway.
C cityof
Carlsbad
._,,
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project lnfonnatlon
Project Name: Carlsbad Temporary Fire Station #2
Project ID:
DWG No. or Building Permit No.:
Source Control BMPa
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to
implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Appllecl?
SC-1 Prevention of Illicit Discharges into the MS4 IX) Yes 0 No □ N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage IX! Yes 0 No D N/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind IX) Yes 0 No D N/A
Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 09/16
0 0
Source Control Raaulremant -,continued) ~Dllad? rl!;.li ..:,
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and !XI Yes 0 No 0 N/A· Wind Disoersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal !XI Yes 0 No 0 N/A
Discussion/justification if SC-5 not implemented:
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for Quidance).
!XI On-site storm drain inlets !XI Yes 0 No D N/A
D Interior floor drains and elevator shaft sump pumps □Yes 0 No !XI N/A
D Interior parking garages □Yes 0 No !XI N/A
D Need for future indoor & structural pest control D Yes 0 No !XI N/A
D Landscape/Outdoor Pesticide Use □ Yes D No !XI N/A
D Pools, spas, ponds, decorative fountains, and other water features D Yes D No 00 N/A
D Food service □Yes D No !XI N/A
~ Refuse areas 00 Yes D No 0 N/A
D Industrial processes □Yes 0 No !XI N/A
D Outdoor storage of equipment or materials· D Yes D No !XI N/A
D!I Vehicle and Equipment Cleaning !XI Yes 0 No 0 N/A
D Vehicle/Equipment Repair and Maintenance D Yes 0 No !XI N/A
D Fuel Dispensing Areas □Yes 0 No 00 N/A
D Loading Docks D Yes D No IXl N/A
D Fire Sprinkler Test Water D Yes D No IX! N/A
D Miscellaneous Drain or Wash Water D Yes D No IXl N/A
~ Plazas, sidewalks, and parkinQ lots ~ Yes D No 0 N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
Storm drain inlets shall be stenciled with "No Dumping! Flows to Bay"
Refuse Area-Area shall contain appropriate number of receptacles, inspected, cleaned, and covered. No hazard
signs shall be posted and maintain spill control materials.
Vehicle Washing -Provide covered and/or bermed area for washing activities.
Sidewalks and parking lots -All areas shall be kept clean and free of debris, swept regularly to preven
accumulation of litter and debris.
E-36 Page 2 of 4 Revised 09/16
0 0
• Site Design BIIP•
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion/ justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Site Design Requirement l Applied?
SD-1 Maintain Natural Drainage Pathways and HydroloQic Features I □ Yes I □ No I I&) N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I O No I IX! N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I o Yes l O No I !XI N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction I □ Yes l O No I !XI N/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I □ Yes T 0 No I IKI N/A
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
Order ID: CA19158621
PRELIMINARY REPORT
In response to the application for a policy of title insurance, BNT Title Company of California 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered RiSks of said
Policy or Policies are set forth in Attachment One. Umitations on Covered Risks applicable to the CLTA
and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum
Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the Policy
forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested.
The Policy(s) of title insurance to be issued hereunder will be policy(s) of Westcor Land Title Insurance
Company.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO HEREIN AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN ATTACHMENT ONE OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED.
IT 15 IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT 15 NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS
AND ENCUMBRANCES AFFECTING TITLE TO THE LANO.
Issuing Agent:
BNT Tffle Company of California
Countersigned
Afan Foronda, Authorized Signatory
The following described property:
LEGAL DESCRIPTION
EXHIBIT "A"
Order ID: CA19158621
All that certain Real Property located in the County of San Diego, State of California,
described as follows:
Parcel 2 of Parcel Map No. 16044, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 5, 1990.
Excepting therefrom an undivided one-half interest in and to the oil and mineral rights in
connection with said land provided that this reservation does not include any right of the grantor
to make a surface entry for the purpose of exploring for or extracting any oil or minerals, it being
the agreement of parties hereto that grantor shall, in the event, oil or minerals are ever
produced or extracted from said land be entitled to one-half of the net proceeds thereof, as
reserved by Claudia May Milligan, a widow by Deed Recorded December 31, 1956 in Book
6399, Page 434, Official Records.
Assessor's Parcel No: 215-050-70-00
Cl TA Preliminary Report Form-Modified (11/17/06)
Order 1D. CA19158621
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE
IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. Taxes, special and general assessment districts and service areas for the fiscal year
2019-2020, a lien not yet due or payable.
2. There were no taxes levied for the fiscal year 2018-2019 as the property was vested in a
public entity.
3. 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.
4. An Agreement, and the terms and conditions as contained therein
Dated: February 28, 1984
By and Between: Westwood Savings and Loan Association and the City of Carlsbad
Recorded: April 12, 1984 as Instrument No. 84-134157, Official Records
Regarding: Holding harmless the City of Carlsbad for any liability resulting from the
alteration of normal flow or surface water
Reference is made to said Document for Full particulars.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document
Granted to:
Purpose:
Recorded:
Instrument No.:
Affects:
San Diego Gas and Electric Company
Public utilities, ingress and egress
September 6, 1984
84-340307, Official Records
A strip of land, including the area lying between the exterior
sidelines, which sidelines shall be three (3) feet, measured at right
angles, on each exterior side of each and every facility installed
within the herein described property on or before August 31, 1985
6. An easement for the purpose shown below and rights incidental thereto as shown on
Map of said Tract.
Easement Purpose: Water, storm drain and public utility and access
Affects: As shown on Parcel Map 16044
7. The rights of the public in and to that portion of the herein described property lying within
Dove Lane.
CL TA Preliminary Report Form-Modified (11/17/06)
Order ID: CA19158621
8. A Declaration and Reservation of access and reciprocal parking easements executed by
Carlsbad Retail Associates, a joint venture comprised of JDCR Ltd., Partnership., a
Wisconsin limited partnership, and Frederick T. Von Der Ahe, dba F.T. Von Der Ahe
Company, was recorded May 7, 1990, as Instrument No. 90-249319, Official Records.
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Granted to:
Purpose:
Recorded:
Instrument No.:
Affects:
San Diego Gas and Electric Company
Public utilities, ingress and egress
August 14, 1990
90-444389, Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
10. An Agreement, and the terms and conditions s contained therein
Dated: October 26, 1990
By and Between: Carlsbad Retail Associates, a California general partnership
("Grantor"), its successors and assigns and San Diego Gas and
Electric Company., a California corporation ("SDG&E)
Recorded: November 14, 1990, as Instrument No. 90-614868, Official
Records
Recording: The following covenants and mutual benefits to the derived
therefrom in respect to meter access:
1. Grantor does hereby grant SDG&E the right and easement to enter at all times upon,
over, across, and through the grounds, parking areas, pathways, accessways,
walkways, elevators, stairways and/or corridors of the herein described land, buildings,
and structures to provide "SDG&E" ingress, egress and access to said meters located
on Grantor's land. Said easement shall be a floating easement and shall be a route
available to SDG&E 24 Hrs/day.
2. Grantor agrees that all doors, gates or other such facilities which restrict access to
any meter locations shall be locked only with locking devices acceptable to SDG&E and
that granter will, upon SDG&E's request, replace without cost to SDG&E any existing
locking device with a device acceptable to SDG&E.
3. Granter agrees that all routes ingress, egress, and access shall meet with and be
subject to SDG&E's, approval and shall comply with all applicable federal, state and
local statutes, ordinances, rules and regulations, including, but not limited to State
and/or Federal Occupational Safety and Health Acts and any safety orders of th_e
California Public Utilities Commission.
4. Granter agrees to indemnify, save and hold harmless SDG&E, its employees and
agents from and against any and all claims, liability, loss, costs, (including costs of
defense), and expense for damages to property or for injuries, to or death of persons,
including, but not limited to, unproven claims of theft, in any way arising from or growing
out of (1) the presence of said rneters and (II) the exercise by SDG&E, its employees
and agents of the rights contained herein, as set forth above.
Cl TA Preliminary Report Form-Modified (11/17/06)
Order 10: CA19156621
Reference is made to said document for full particulars.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Granted to:
Purpose:
Recorded:
Instrument No.:
Affects:
Pacific Bell
Public utilities, ingress and egress
November 29, 1990
90-0636008, Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Granted to:
Purpose:
Recorded:
Instrument No.:
Affects:
City of Carlsbad, a Municipal corporation
Traffic Signal Easement
December 2, 1991
91-0619161, Official Records
As shown on said document
13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Granted to:
Purpose:
Recorded:
Instrument No.:
Affects:
San Diego Gas and Electric Company., a California corporation
Public utilities commission
April 23, 1998
98-0232400, Official Records
As shown on said document
14. We find no Open Mortgages/Deeds of Trust of Record. Please verify by inquiry of
escrow personnel and/or agents whether or not we have overlooked something and
advise the Title Department accordingly prior to closing. This Company will require a
Mortgagors Affidavit form attached to be completed by the record owner.
15. This Company will require the following documents for review prior to the issuance of
any title assurance predicated upon a conveyance or encumbrance by the corporation
named below.
Corporation: The City of Carlsbad, California
(a) A copy of the corporation By-Laws and Articles of Incorporation.
(b) An original or certified copy of the Resolution authorizing the transaction
contemplated herein.
(c) If the Articles and/or By-Laws require approval by a "parent" organization, a copy of
the Articles and By-Laws of the parent.
CLTA Preliminary Report Form-Modified (11/17/06)
Order ID: CA19158621
The right is reserved to add requirements or additional items after completion of such
review.
16. Unrecorded matters which may be disclosed.by an Owner's Affidavit or Declaration. A
form of the Owner's Affidavit/Declaration is attached to this Preliminary
Report/Commitment. This Affidavit/Declaration is to be completed by the record owner
of the land and submitted for review prior to the closing of this transaction. Your prompt
attention to this requirement will help avoid delays in the closing of this transaction.
Thank you. The Company reserves the right to add additional items or make further
requirements after review of the requested Affidavit/Declaration.
17. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land
Title Survey of said Land that is satisfactoiy to the Company, and/or by inquiry of the
parties in possession thereof.
18. Any rights of the parties in possession of a portion of, or all of, said Land, which rights
are not disclosed by the public records. The Company will require, for review, a full and
complete copy of any unrecorded agreement, contract, license and/or lease, together
with all supplements, assignments and amendments thereto, before issuing any policy of
title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional
requirements after reviewing said documents.
Cl TA Preliminary Report Form-Modified (11/17/06)
Order ID: CA19158621
NOTES:
1. Amended Civil Code Section 2941, which becomes effective January 1, 2002 sets the fee
for the processing and recordation of the reconveyance of each Deed of Trust being paid
off through this transaction at $45.00. The Reconveyance fee must be clearly set forth in
the beneficiary's payoff demand statement. In addition, an assignment or authorized
release of that fee from the beneficiary to the trustee of record, must be included. An
example of the required language is as follows: The Beneficiary identified above hereby
assigns, releases or transfers to the Trustee of record the sum of $45.00, included herein
as reconveyance fees, for the processing and recordation of the recordation of the
reconveyance of the Deed of Trust securing the indebtedness covered hereby and the
Escrow Company or Title Company processing this payoff is authorized to deduct the
reconveyance fee from this demand and forward said fee to the Trustee of record or the
Successor Trustee under the Trust Deed to be paid off or in full.
2. If property taxes are posted paid less than 45 days from the issuance of the policy
contemplated by this report, the Company will hold the amount of the tax, plus delinquency
and penalty until verification of payment is received. If verification has not been received
within 45 days of the issuance of the policy contemplated, the Company will pay the taxes
due. If the property taxes have been paid through an impound account and we are
furnished written confirmation of same or you can provide a copy of the cancelled check,
this requirement may be waived.
If a monthly payment for any deed of trust to be paid in full is made less than 30 days from
the issuance of the policy contemplated by this report, the Company will hold an amount
equal to that payment until verification of payment is received from the lender. If verification
has not been received within 30 days of the issuance of the policy contemplated, the funds
held will be forwarded to the lender. If a canceled check or other form of proof of payment
can be furnished, this requirement may be waived.
3. Notice: Due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure
any transaction involving Land that is associated with these activities.
4. The Company is not aware of any matters which would cause it to decline to attach the
Cl TA Endorsement Form 116 indicating that there is located on said land a Commercial
Land known as
Address:
City:
State:
County:
Dove Ln
Carlsbad
CA
San Diego
To an Extended Coverage Loan Policy
5. There are NO deeds affecting said land, recorded within twenty-four (24) months of the
date of this report.
Order ID: CA19158621
END OF NOTE
PRELIMINARY REPORT
Your Reference:
BNT Title Company of California
Order No.: CAl9158621
OWNER'S DECLARATION
The undersigned hereby declares as follows:
(Fill in the applicable paragraph and strike the other)
a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Dove Ln, Carl'>bad, CA further
described as follows: See Preliminary Report/Commitment No. CA19158621 for full legal
description (the "Land")
b. Declarant is the ______________ of __ -c--c---c---=---=-=--cc-c--c-c-c--c--
("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Dove Ln, Carlsbad, CA further described as
follows: See Preliminary Report/Commitment No CAl915862I for full legal description (the "Land").
2 (Fill in the applicable paragraph and strike the other)
a During the period of three months immediately preceding the date of this declaration no work has been done, no surveys or
architectural or engineering plans have been• prepared, and no materials have been furnished in connection with the erection, equipment,
repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner
whatsoever.
b. During the period of three months immediately preceding the date of this declaration certain work has been done and materials
furnished in connection with -,-,-------=---c---=---c-----cupon the Land in the approximate total sum of_-,--
--,--,-,---,'' but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full
compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such
improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: -,------,---
------,---------·· Owner by the undersigned Declarant, agrees to and does hereby indemnify and hold hannless
Westcor Land Title Insurance Company (the "Company") and its policy issuing agent, BNT Title Company of California, against any and all
claims arising therefrom.
3 Owner has not previously conveyed the Land: is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a
debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.
4 Except as shown in the above-referenced Preliminary Report/Commitment, there arc no unpaid or unsatisfied mortgages, deeds of
trust, Unifonn Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or
that affect the Land but have not been recorded in the public records.
5 The Land is currently in use as _____________ occupy/occupies the Land; and the
fo!iowing are all of the leases or other occupancy rights affecting the Land:
6 There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded claims of easement, or
boundary disputes that affect the Land.
7 There are no outstanding options to purchase or rights of first refusal affecting the Land.
This declaration is made with the intention that Westcor Land Title Insurance Company (the "Company") and its policy issuing agent, RNT
Title Company of California, wil! rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned
Declarant, agrees to indemnify the Company and it's policy issuing agent, BNT Title Company of California, against loss or damage
(including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on
----------"'--------~
A notwy public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness accu , or validi of that document.
State of California
County of, _______ _
ACKNOWLEDGEMENT
Oo _________ , before me, ______________ , A Notwy Public personally appeared
__________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose names 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signatures __________ _
(Seal)