HomeMy WebLinkAboutSDP 02-19; LA COSTA CANYON HOMES; Site Development Plan (SDP)Order No. 232240-GJ
SCHEDULE "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee
Title to said estate or interest at the date hereof is vested in:
LEGACY DEVELOPMENT LLC, A Limited Liability Company
The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows:
Lot 409 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 6600 filed in the Office of the County Recorder of San Diego County on March 10, 1970.
Order No. 232240-GJ
SCHEDULE "B"
At the date hereof exception to coverage in addition to the printed exceptions and exclusion contained in said policy form
would be as follows:
A.
B.
C.
1)
General and Special taxes for the fiscal year 2003-2004, including any assessments collected with
taxes. A lien not yet payable.
General and Special taxes for the fiscal year 2002-2003, including any assessments collected with
taxes.
Total amount
1st installment
Penalty
2nd installment
Penalty
Code area
Parcel No.
Exemption
$2,031.30
$1,015.65 delinquent
$101.57
$1,015.65 delinquent
$111.57
09046
216-300-17-00
-0-
The lien of supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq. of the
revenue and taxation code of the State of California.
Covenants, conditions and restrictions in an instrument recorded March 10, 1970 as File No. 43138 of
Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of
any mortgage or Deed of Trust made in good faith and for value, but omitting any covenants or
restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin
unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3607 of the
United States code or (b) relates to handicap but does not discriminate against handicapped persons.
"NOTE: section 12956.1 of the government code provide the following: if this document contains any
restriction based on race, color, religion, sex, familial status, marital status, disability, national origin,
or ancestry, that restriction violates state and federal fair housing laws and is void, and may be
removed pursuant to Section 12956.1 of the government code. Lawful restriction under state and
federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
2) An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: October 22, 1974 as File No. 74-281428 of Official Records
For: public utilities and incidental purposes
In favor of: San Diego Gas and Electric Company
Affects: The location of said easement is set forth therein.
3) A Deed of Trust to secure an indebtedness of
Amount: $194,000.00
Trustor: Legacy Development LLC, a Limited Liability Company
Trustee: Cuyamaca Bank, a National Banking Association
Beneficiary: Cuyamaca Bank, a National Banking Association
Dated: September 26, 2002
Recorded: October 8, 2002 as File No. 2002-0866437 of Official Records.
4) Any facts, rights, interest or claims which may be shown by an inspection of the land or which may be
disclosed by inquiry of persons in possession of said land.
Order No. 232240-GJ
5) Applicant has requested California Title Company (The Company) to issue a Preliminary Report on
the property described herein. Applicant is aware that title insurance may be available for the
contemplated transaction, but may not request the Company to issue or cause to be issued a policy
herein. Applicant agrees that this report is issued for the exclusive use of applicant and that said
preliminary report is issued pursuant to Section 12340.11 of the Insurance Code of the State of
California. By acceptance of this report, applicant understands and agrees that said report is not an
abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation and
issuance of an abstract of title applicable to the issuance of this report. This report shall not be
construed as, nor constitute, a representation as to the condition of the title to real property, but shall
constitute a statement of terms and conditions upon which the issuer is willing to issue a title policy, If
requested to do so.
End of Schedule B
EQUITY TITLE COMPANY
1660 HOTEL CIRCLE NORTH
SUITE 321
SAN DIEGO, CA 92108
PHONE: (619) 574-5985
FAX (619) 294-3298
DATED AS OF JULY 16, 2002 AT 7:30 AM
MARK GOETHALS
SAN DIEGO, CA
ATTENTION: MARK GOETHALS
YOUR NO. : GOETHALS
ORDER NO.: SD0251764
"PRELIMINARY REPORT"
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
EQUITY TITLE COMPANY 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 BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM5i.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES
ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY
ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A 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 IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION
AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND. •
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 OR COMMITMENT SHOULD BE REQUESTED.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
[X] CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
[ ] AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
MIKE VALERI, TITLE OFFICER
NICK ASHCRAFT, TITLE OFFICER
(619) 57 4-5985
ORDER NO.: SD0251764
SCHEDULE A
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
AFEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
LEGACY DEVELOPMENT LLC, A LIMITED LIABILITY COMPANY
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO
2
ORDER NO.: SD0251764
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT
WOULD BE AS FOLLOWS:
A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2002-2003, A LIEN NOT YET DUE OR
PAYABLE.
B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002
TOTAL:
FIRST INSTALLMENT:
PENALTY:
SECOND INSTALLMENT:
PENALTY:
ASSESSED VAL_UATION:
LAND VALUE:
IMPROVEMENTS:
EXEMPTION:
CODE AREA:
A. P. NO.:
$1,779.92
$889.96
$89.00
$889.96
$99.00
$158,100.00
$0.00
$0.00
09046
216-300-17
DELINQUENT
DELINQUENT
C. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
D. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH
MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS.
E. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2002-2003, A LIEN NOT YET DUE OR
PAYABLE.
F. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002
TOTAL:
FIRST INSTALLMENT:
PENALTY:
SECOND INSTALLMENT:
PENALTY:
ASSESSED VALUATION:
LAND VALUE:
IMPROVEMENTS:
EXEMPTION:
CODE AREA:
A. P. NO.:
$1,779.92
$889.96
$89.00
$889.96
$99.00
$158,100.00
$0.00
$0.00
09046
216-300-18
DELINQUENT
DELINQUENT
4
ORDER NO.: SD0251764
G. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
H. THE LIEN OF DEFAULTED TAXES FOR THE FISCAL YEAR 2000-2001 AND SUBSEQUENT
DELINQUENCIES.
AMOUNT TO REDEEM:
VALID THROUGH:
CODE AREA: 09046
$1,156.67
MAY 31, 2002
A. P. NO.: 899-208-78-19; 809-208-78-00
I. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH
MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAIQ DISTRICTS.
J. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2002-2003, A LIEN NOT YET DUE OR
PAYABLE.
K. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002
TOTAL:
FIRST INSTALLMENT:
PENALTY:
SECOND INSTALLMENT:.
PENALTY:
ASSESSED VALUATION:
LAND VALUE:
IMPROVEMENTS:
EXEMPTION:
CODE AREA:
A. P. NO.:
$1,779.92
$889.96
$89.00
$889.96
$99.00
$158,100.00
$0.00
$0.00
09046
216-300-19
DELINQUENT
DELINQUENT
L. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
M. THE LIEN OF DEFAULTED TAXES FOR THE FISCAL YEAR 2000-2001 AND SUBSEQUENT
DELINQUENCIES.
AMOUNT TO REDEEM:
VALID THROUGH:
CODE AREA: 09046
$1,156.67
MAY 31, 2002
A. P. NO.: 899-208-78-39; 809-208-78-20
N. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH
MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS.
0. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2002-2003, A LIEN NOT YET DUE OR
PAYABLE.
P. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002
TOTAL: $1,779.92
5
ORDER NO.: SD0251764
FIRST INSTALLMENT: $889.96
$89.00
$889.96
$99.00
DELINQUENT
DELINQUENT
PENALTY:
SECOND INSTALLMENT:
PENALTY:
ASSESSED VALUATION:
LAND VALUE:
IMPROVEMENTS:
EXEMPTION:
CODE AREA:
A. P. NO.:
$158,100.00
$0.00
$0.00
09046
216-300-20
Q. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
R. THE LIEN OF DEFAULTED TAXES FOR THE FISCAL YEAR 2000-2001 AND SUBSEQUENT
DELINQUENCIES.
AMOUNT TO REDEEM: $1,156.67
MAY 31, 2002 VALID THROUGH:
CODE AREA: 09046
A. P. NO.: 809-208-78-40
S. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH
MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS.
1. COVENANTS, CONDITIONS AND RESTRICTIONS, WHICH PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF
TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR
RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, TO THE EXTENT
SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF
THE UNITED STATES CODES.
RECORDED: MARCH 10, 1970 AS FILE NO. 43138 OF OFFICIAL RECORDS
2. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES.
GRANTED TO:
RECORDED:
AFFECTS: •
SAN DIEGO GAS AND ELECTRIC COMPANY
OCTOBER 22, 1974 AS FILE NO. 74-281428 OF OFFICIAL RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE
FULLY DESCRIBED IN SAID INSTRUMENT.
3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AFFECTS LOT 406.
$124,000.00
APRIL6, 2000
LEGACY DEVELOPMENT LLC, A LIMITED LIABILITY COMPANY
WEST COAST ESCROW, A CALIFORNIA CORPORATION
S & J LA COSTA PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
MAY 3, 2000 AS FILE NO. 2000-0227940 OF OFFICIAL RECORDS
6
•
ORDER NO.: SD0251764
4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AFFECTS LOT 407.
$124,000.00
APRIL6,2000
LEGACY DEVELOPMENT LLC, A LIMITED LIABILITY COMPANY
WEST COAST ESCROW, A CALIFORNIA CORPORATION
S & J LA COSTA PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
MAY 3, 2000 AS FILE NO. 2000-0227941 OF OFFICIAL RECORDS
5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AFFECTS LOT 408.
$124,000.00
APRIL6,2000
LEGACY DEVELOPMENT LLC, A LIMITED LIABILITY COMPANY
WEST COAST ESCROW, A CALIFORNIA CORPORATION _
S & J LA COSTA PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
MAY 3, 2000 AS FILE NO. 2000-0227942 OF OFFICIAL RECORDS
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AFFECTS LOT 409.
$124,000.00
APRIL 6, 2000
LEGACY DEVELOPMENT LLC, A LIMITED LIABILITY COMPANY
WEST COAST ESCROW, A CALIFORNIA CORPORATION
S & J LA COSTA PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
MAY 3, 2000 AS FILE NO. 2000-0227943 OF OFFICIAL RECORDS
7. ANY FACTS ABOUT THE LAND THAT AN INSPECTION OR INQUIRY OF PARTIES IN POSSESSION
SATISFACTORY TO THE COMPANY WOULD DISCLOSE AND THAT ARE NOT SHOWN BY THE
PUBLIC RECORDS.
8. STATEMENT OF INFORMATION FROM MARK J. GOETHALS.
9. WITH RESPECT TO LEGACY DEVELOPMENT, LLC., A LIMITED LIABILITY COMPANY:
A. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO;
B. IF IT IS A CALIFORNIA LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS
ARTICLES OF ORGANIZATION (LLC-1) AND ANY CERTIFICATE OF CORRECTION (LLC-11),
CERTIFICATE OF AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION
(LLC-10) BE RECORDED IN THE PUBLIC RECORDS;
C. IF IT IS A FOREIGN LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS
APPLICATION FOR REGISTRATION (LLC-5) BE RECORDED IN THE PUBLIC RECORDS;
7
ORDER NO.: SD0251764
D. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR
OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND
PRESENTED FOR RECORDATION BY THE COMPANY OR UPON WHICH THE COMPANY IS ASKED
TO RELY, THAT SUCH DOCUMENT OR INSTRUMENT BE EXECUTED IN ACCORDANCE WITH
ONE OF THE FOLLOWING, AS APPROPRIATE:
{I) IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS
APPOINTED OR ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT,
SUCH DOCUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED
OFFICERS, AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT OR ANY VICE
PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER
OR ANY ASSISTANT TREASURER;
(II) IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR
MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED
PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT MUST
BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED
LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER.
E. OTHER REQUIRErylENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF
THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY
REQUIRE.
NOTE NO. 1: THE CHARGE FOR A POLICY OF TITLE INSURANCE ISSUED THROUGH THIS TITLE
ORDER WILL BE BASED ON THE SHORT-TERM RATE.
NOTE NO. 2: THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN AL TA LOAN POLICY.
WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF THE;
POLICY WITH CLTA ENDORSEMENT FORMS 100 AND 116 ATTACHED.
WHEN ISSUED, THE CLTA ENDORSEMENT FORM 116 WILL REFERENCE A VACANT LAND
KNOWN AS:
LACOSTAAVENUE, CARLSBAD, CALIFORNIA
NOTE NO. 3: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING
THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX (6) MONTHS PRIOR TO THE DATE OF
THIS REPORT, EXCEPT AS FOLLOWS:
NONE
N.QI.E NO. 4: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH
THIS TRANSACTION, ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989) MANDATES HOLD
PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE
MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S
CHECKS IS ONE BUSINESS DAY. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO
SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED.
THE PERSONS WHO ARE PARTIES TO THE TRANSACTION TO WHICH THIS TITLE INSURANCE
POLICY RELATES (THE "PRINCIPALS") EACH AGREE, UNDERSTAND AND ACKNOWLEDGE THAT
EQUITY TITLE COMPANY ("EQUITY'') IS ALSO ACTING AS AN ESCROW HOLDER IN CONNECTION
WITH THIS TRANSACTION AND IS NOT ACTING AS A TRUSTEE OR IN ANY OTHER FIDUCIARY
CAPACITY. EQUITY'S DUTIES SHALL BE LIMITED TO SAFEKEEPING OF SUCH MONEY AND
DOCUMENTS RECEIVED BY IT AS ESCROW HOLDER, AND FOR THE DISPOSITION OF SUCH
8
•
ORDER NO.: SD0251764
MONEY AND DOCUMENTS IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS ACCEPTED
BY IT AS AN ESCROW HOLDER.
ALL FUNDS RECEIVED BY EQUITY AS ESCROW HOLDER SHALL BE DEPOSITED TO AN
ACCOUNT (THE "ESCROW ACCOUNT") WITH A STATE OR FEDERAL BANK {THE "DEPOSITORY").
EQUITY MAY ALSO DEPOSIT ESCROW FUNDS FOR OTHER CUSTOMERS FOR UNRELATED
TRANSACTIONS TO THE ESCROW ACCOUNT.
UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES,
UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST-
BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY
OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS; AND EQUITY AND ITS AFFILIATES MAY
INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE
DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS
ADDITIONAL COMPENSATION TO EQUITY FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS
TRANSACTION.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND
DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE
TRANSFERS WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE
INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS.
NOTE: IF YOU INTEND TO WIRE FUNDS TO EQUITY TITLE COMPANY, PLEASE CALL OUR
OFFICE AND SEND THE FUNDS TO:
COMERICA BANK
2015 MANHATTAN BEACH
REDONDO BEACH, CA 90278
EQUITY TITLE COMPANY SAN DIEGO TRUST ACCOUNT #1891614867
ABA ROUTING #121137522
PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME.
MV:NNPVD
9
PROJECT DESCRIPTION/ EXPLANATION
Project Name:
Applicant Name:
La Costa Canyon Homes
Legacy Development LLC
(760) 613-0904
Description / Explanation:
Useable Pad= 13,863 SF= .3182 Acres
. 3182 Acres x 19 Units per Acre= 6.04 Units
Apartment Building Comprising of 5 Units,
Offering. 2 -4 Bedrooms with Attached Garages
Square footages are;
Unit 1 1,715 SF
Units 3 & 4 1,308 SF
Units 2 & 5 1,897 SF
RECEIVED
DEC 2 \ 2001
CITY OF CARLSBAD
PLANNING DEPT .
Located on the northern side of La Costa A venue just west of
Romeria Street and east of Gibraltar Street.
This project was originally presented for preliminary review as a
26-unit project over four legal lots. Due to our belief of conflicts
that exists in that design with current planning policy, we have
decided to build on one of the lots and place the remaining three
lots on the open market after the New Year.
We would also like your comments on adding a studio unit of
700 SF for a total of 6 units.
,
San
Dieguito
Union High School District
710 Encinitas Blvd.
l:ncinitas, CA 92024 3357
(760) 7'i3-6491
www.sd11hsd.k12.rn.us
Board of Trustees:
Joyce Dalessandro
Bill rimes
Barbara Grotl1
Susan Hartley
Deanna Rich
Superintendent:
William A Benier
Facilities Planning
Director, Facilities Planning
Steve Ma
(760) 753-6491 x.5518
Lucienne McCauley
(760) 753-6491 X 5514
(760) 943-.3508 FAX
Cannel Valley MS
IJiegueno JHS
Earl Warren JHS
La Costa Canyon HS
North Coa~t Alternative HS
Oak Cn~tJI IS
San Dieguito Adult Educ:cition
S,m Dieguito HS Ac-.ademy
SUflS(!l HS
I orrf'v Pines HS
July 3, 2001
Marl< Goethals
Legacy Development LLC
6712 Abedul Place
Carlsbad, CA 92009
RE: APN# 216-300-17, 18, 19 & 20
2800-2900 block of La Costa Avenue
26-unit apartment complex
To whom it may concern:
This letter is to inform you, on behalf of the San Dieguito Union High School
District, that the District will serve the residents of the homes to be
constructed in the proposed development.
The San Dieguito Union High School District is experiencing growth, and as a
general policy, assigns students to schools according to the enclosed
attendance boundary policy. However, the District cannot guarantee
attendance of students to a specific school within the District from this new
development. Students who reside in this development may be reassigned
from their original school of enrollment to another school within the District at
the beginning of a new school year if student enrollment at the original school
exceeds the school's capacity. This policy has been ratified by the
Governing Board on March 15, 1990. A copy of this resolution "School
Assignments for New Residential Development" is enclosed.
The project is currently in the Oak Crest Junior High School and La Costa
Canyon High School attendance areas.
This development will be subject to all assessments and fees of the District
that are in effect at the time that building permits are issued.
If you have any questions regarding the number of students that your
subdivision will generate, please do not hesitate to contact this office at (760)
753-6491, ext. 5518.
Sincerely,
_·· / '/
___ __. _. /,AL . ""' -· ---\.. ~/ . \_ r--
Stephen G. Ma
Director of Facilities Planning
Enclosures
•
•
•
STUDENTS 5116.2
ATTENDANCE BOUNDARIES
In order to maintain an equitable balance in the enrollment at each
campus, the Board shall establish attendance boundaries for each
school in the San Dieguito Union High School District. Boundaries
of school attendance areas in the district shall be as follows:
1.
3.
La Costa Canyon High School shall include the boundaries of
the Encinitas and Cardiff Elementary Districts and the
Questhaven area of the Rancho Santa Fe District.
San Dieguito High School Academy shall be open to a limited
number of 9-12 grade students within district boundaries
through an open enrollment application process approved by the
Board of Trustees.
Torrey Pines High School shall include the boundaries of the
Del Mar, Solana Beach, and, with the exception of the
Questhaven area, the Rancho Santa Fe Elementary School
Districts for grades 9-12 .
4. Diegueno Middle School shall include the following portions of
the Encinitas Elementary District for grades 7-8:
a. East of El Camino Real; south of Oli venhain Road and
north of Encinitas Boulevard.
b. La Costa east of Rancho Santa Fe Road.
c. Leucadia -South of La Costa Avenue; west of El Camino
Real; north of Union Street; west of Saxony Road; north
of Encinitas Boulevard to the coast; south to Cardiff
State Beach and west of Highway 101.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
Policy AdQpted: May 23, 1974
policy Revised: February 21, 1985
Policy Revised: April 5, 1990
PQlicy Revised: September 6, 1990
Policy Revised: January 16, 1997
Policy Revised: June 18, 1998
Policy Revised: June 21, 2000 1/2
... 'together Helping ehildren to Neach for the Stars ...
July 3, 2001
Legacy Development LLC
Attn: Mark Goethals
6712 Abedul Place
Carlsbad, CA 92009
Dear Mr. Goethais:
This is in response to your request for updated information on our school district's
attendance areas for the Legacy Development project with 26 Units, located in the
2900 block of La Costa Avenue.
This development is within the boundaries of La Costa Heights Elementary School,
K -6th grade located at 3035 Levante Street, Carlsbad, 92009. La Costa Heights is
a 1998 California Distinguished School and a 1999 Blue Ribbon School located
approximately 1/2 mile away.
Although our District does provide school bus transportation, it is not available for this
project's area. This is in accordance with our District policy, which provides for
transportation for those students who live more than one mile from their school.
You and your clients are advised that this project is in a significant growth area. As
such, the Board will make adjustments as necessary to provide appropriate housing
for students.
Sincerely,
Sharon R. South
Chief Financial Officer
Board of Trustees
Shc:,nnon Kuder
Cathy Regan
Marla Stric:h
William Parker
Carol Skiljan
101 S. Rancho Santa Fe Road, E.ncini1as, CA 92024-4349
Phone (760) 944-4300 FAX (750) 942-70!"14
Superintendent
DOlqlas P DeVore. Ed.D.
Assistant Superintendents
Bornta Drolet. l:d.D. DanniP-I Grider. Ed D.
Fnucat1nnal Surv1cm; J\r1m1nrr,tr,1trvo Sr;rvicl:',
Chief Financial OfficEtl'
Sharon R. South