The URL can be used to link to this page

Home My WebLink AboutSDP 93-01; PRIME AUTO CENTER; Site Development Plan (SDP) (5)•• crIY OP CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 l"J APPLICATIONS APPLIED FOR: (CHECK BOXES) D Master Plan D Specific Plan □ Precise Development Plan □ Tentative Tract Map □ Planned Development Permit □ Non-Residential Planned Development □ Condominium Permit □ Special Use Permit D Redevelopment Permit D Tentative Parcel Map □ Administrative Variance 2) LOCATION OF PROJECT: ON THE (FOR DEPT USE ONLY) D General Plan Am end.ment D Local Coastal Pl an Amendment l( Site Development Plan □ Zone Change ~ Conditional Use P ermit □ □ □ □ l'til . □ Hillside Develop ment Permit Environmental Im pact Assessment Variance Planned Industri r,.....,.,~ .. 1 . . al Permit em-Permit Planning Commis sion Determination D List any other applications not specificed (FOR DEPT USE ONLY) I W~"?iT: I SIDE OF· lfAe;.eo "Pel. Nog,T6I (NORTH, SOUTH EAST, WESO (NAME OF STREE'D BE1WEEN lfMl!!IAA2-~112Po12:rl'RD AND !cA M,,/ 11/Q ~~a!Jl.tlt,t~ (NAME OF STREET) (NAME OF STREE'D 3) BRIEF LEGAL DESCRIPTION: I Po!Z LoT H ~Cl-\0 A.QUA H~DION.DA /v1 PiZ.'3 .. 4) ASSESSOR PARCEL NO(S). I 2..IJ-05""0 -/3 (;;211_-o ~o-D 3) ; I 5) LOCAL FACILITIES I s I 6) EXISTING GENERAL PLAN 1c-r In PROPOSED GENERAL PLAN I C.•r'I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING 1 c. ~ r, 9) PROPOSED ZONING I C .. 7 I 10) GROSS SITE 1, ,~5"1 ACREAGE 11) PROPOSED NUMBER OF @] 12) PROPOSED NUMBER II] 13) 'IYPE OF SUBDMSION !coMI RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I 0 I 15) PROPOSED INDUSTRIAL I 0 I 16) PROPOSED COMMERCIAL 1~751 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: A PR.OP06ID Pl\QJIC,t~.ntAT .U.~~-PIU!I) MlR-R~~~~'.~,P~ ~ lJlt<>POISID PR0JP.Ct REQUIRJNG.1!:iNl'<H.Y: •. ~~llll,u.lP~'-~ ~~~-·,Mil _ FRM00016 8190 ' . C!1Y OF CARLSBAD LAND USE REVIEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: I e>8%l I -co,?~I IA8'2,11 21) BRIEF DESCRIPTION OF PROJECT: A 11} '9 F -01<, l I/~ 11'1 ~ • $~0 p... 0 :f:: W A-I},,., 22) IN THE PROCESS OF REVlEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITI STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITI COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPER T IS THE SUBJECT F THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ~~~~~~~~~r:::-: ·77cr) STec 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) MAILING ADDRESS MAILING ADDRESS PAGE 2 OF 2 ~ Roe-lG: ~-~v-.G~i----r;::~~ CITI AND STATE ZIP I CERTIFY ll{AT I AM THE LEGAL OWNER AND rnAT ALL 11iE ABOVE INFORMATION IS TRUE AND CORR£CI' TO THE BEST OP MY OWIJIDGE. FOR CITI USE ONLY FEE COMPUTATION: APPLICATION TIP! Pff TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED I CERTIFY ll{AT I AM 11iE CEGAL OWNER'a REPRESENTA11VE AND ll{AT ALL 11iE ABOVE INPORMATION IS TRUE AND <DRRECT TO 11iE BEST Of MY KNOWUDGE. \ RECEIVED MAR 1 6 1993 crN 0~ C.4\J}l~!ffe.\~ PtANJNH~G C~~Ff~ DATE STAMP APPLICATION RECEIVED RECEIPT NO. p 6 )"2.- .... PROJECT DESCRIPTION/EXPLANATION PRoJEcrNAME:'-fJl?I.ME AuTo c~w~ APPucANTNAME: K luH~ ~ '5J:UPlN Please describe fully the proposed project. Include any details necessary to adequately explain the scope ar..:::/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. Rev. 4/91 ProjOesc.frm 11 ◄ • CI1Y OF CARLSBAD APPUCATION REQUIREMENTS FOR: CONDmONAL USE PERMITS (INC.UDING AMENDMENTS & EXTENSIONS) MASTER PLANS (INQ.UDING AMENDMENTS) REDEVELOPMENT PERMITS (MAJOR, MINOR AND AMENDMENTS) -A COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPUCATION MUSf ALSO BE COMPLETED. PLANNING COMMISSION DETERMINATIONS PRECISE DEVELOPMENT PLANS SPECIAL USE PERMITS ( INC.UDING AMENDMENTS) (EXQ.UDING FLOODPLAIN S.U.P'S) SPECIFIC PLANS (INQ.UDING AMENDMENTS) • SITE DEVELOPMENT PLANS (INC.UDING REVISIONS) ~ii!g ;hall ~u m,~on dr1or com mef..PP {:.To:''~~~=Ie 0 ~= except as noted on #7 and #8 under Property Owners List and Address Labe1s. ~n (10) copies of the proposed site plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project Each site plan shall contain the following- infonnation: I. GENERAL INFORMATION: -/4; A. Name, address and telephone number of the applic~ Engineer or Architect -~ who prepared the plan. ' B. North arrow and scale. g/ C. Vicinity map showing major cross streets. fi D. Date of preparation/revisions. (o) E. Project Name and Application Types submitted . . i· F. · Nama-of sewer, water and school districts providing service to the project. @ G. All facilities labeled as "existing" or "proposed". H. A summazy table of the following: 1. Street address and assessors parcel ~ber. □ FRMOOOl 10/92 Page 1 of 8 ' ri ~- d ri ri ri hi/A-~ - 2. Site acreage. s~ow ~+.rQ__ Go-t-'L~--~~b{\ 3. Existing zone and land use. 4. Proposed land use. 5. Total building coverage. 6. Building square footage. 7. Percent Landscaping. 8. Number of parking spaces required/provided. 9. Square Footage of open or recreational space (if applicable), for each unit and total common open space for the project 1 O. Proposed density. 11. Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (Include the acreage in each category). If not applicable state on the plans. 12. Cubic footage of storage space (if applicable). Show Location. 13. • Average Daily Traffic generated by the project broken down by separate uses. U. SITE INFORMATION: A. General (Q) ¥A-d~ 'rv/Jt-~ E~ □ N(A-[Z] lv,4 [ZI ri FRMOOOl 1. Approximate location of existing and proposed buildings and permanent structures onsite and within 100 feet of site. 2. Location of all major vegetation showing size and type. 3. Location of railroads. 4. Bearings and distances of each exterior boundary line. 5. ~e between buildings and/or structures. 6. Setback dimensions for required front, rear and side yards for all structures. 7. Location, height and materials of walls and fences. Indicate top, bottom and worst condition elevations at both ends and in the middle of the wall or fence. 8. Location of free standing signs. Indicate the height and sign area. 10/92 Page 2 of 8 ; ,. ~~ 121 ~-~ ~~ t:::..~ El b~,e] ~ Ef E..~ ,El E~IZ1 ~ IZ] - B. Street and Utilities 1. The location, width and proposed name of all streets within and adjacent to the proposed project. Show street grades and centerline radii. 2. Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. 3. Typical street cross sections for all adjacent and streets within project 4. Width, location, and use of all existing and/ or proposed public or private easements. 5. Public and private streets and utilities clearly identified. 6. Show distance between all intersections and medium and high use driveways. 7. Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8. Show access points to adjacent undeveloped lands. 9. Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. - 10. Show location of all fire hydrants within 300 feet of site. C. Grading and Drainage FRMOOOl 1. Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and export. 3. Spot elevations at the comers of each pad. 4. Metbod of draining each lot. Include a typical cross section taken parallel to the &ontage for lots with less than standard frontage. S. Location, width· and/ or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detention/retention basins. 6. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. 10/92 Page 3 of 8 -~ (1) copy of 81/2' x 11' reduced site plan and building elevations. ~ One (1) copy of 8 1/2" x 11" location map (suggested scale 200" -vicinity maps on the /ite plan are not acceptable). cr 4.,__ Environmental Impact Assessment Fonn (Separate Fee Required). ~ Public Facility Agreement: Two (2) copies: One (1) notatized original and one (1) FRMOOOl reproduced copy. (Separate fee required). 6 11 v~ N6Ml c.,..p7') />r=t=-~ Pit L CJIA.,4 V ,(jxitlL-Disclosure Statement 7. Property Owners' List and Addressed Labels NOTE: WHEN TI-IE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY TI-IE DECISION MAKING BODY, TI-IE PROJECT PLANNER WILL CONTACT TI-IE APPLICANT AND ADVISE HIM TO SUBMIT TI-IE RADIUS MAP, 1WO SETS OF nm PROPER'IY OWNERS UST AND LABEIS. nm APPLICANT SHAU. BE REQUIRED TO SIGN A STATEMENT CERTIFYING TIIAT nm INFORMATION PROVIDED REPRESENTS nm I.ATESTEQUAUZEDASSESSMENTROU.S FROMTIIESAN DIEGO COUN1Y ASSESSOR'S OFFICE. TI-IE PROJECT WILL NOT GO FORWARD UNTIL TI-IIS INFORMATION IS RECENED. -A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/ or owner). The list shall include the San Diego Co~ty Assessor's parcel number from the latest assessment rolls. -Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 8. 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impracticaL 9. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). 10/92 Page 4 of 8 10. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(l) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning C.Ommission meeting. Do not mount exhibits. Constraints Map (24" x 36") folded to 8 1/2" x 11" shall include the following information: If the constraint does not apply to the property, list it on the map as not applicable. Constraint map should be the same scale as other exlubits, (ie., Site Plan etc.). D a. Major ridge lines D b. Distant views □ c. Internal views □ □ □ □ □ □ d. e. f. g. h. i Riparian or woodlands Intermittent drainage course 25 -40% slopes Greater than 40% slopes Major rock outcroppings Easements 0 j. Floodplains D k. Archaeological sites □ L Special Planning Areas D m. Biological Habitats. Indicate the location of Coastal Sage Scrub and chaparral plant communities existing on the project site. □ n. Beaches D o. Permanent bodies of water □ p. Wetlands D q. Land subject to major power transmission easements FRMOOOl 10/9'l Page 5 of 8 - □ r. Railroad track beds. ~ All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). FRMOOOl For proj~cts with an average daily traffic (ADT) generation rate greater than 500 vehicles per day QI 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distn"bution. b) Project traffic generation rates and traffic assignment. c) Necessary calculations and/ or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. e) On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips QI 200 or more peak- hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project • • Noise· study consistent with Planning Director Administrative Policy No. 17 (when applicable). See Noise Policy #17. Two copies of preliminary soils/ geologic report for all projects with cut or fill depths exceeding 5 feet 10/9"l Page 6 of 8 ~ (10) copies ~dscape plan on a 24" x 36" sheet(s) folded to 8 1/2' x 11" size drawn~e as site plan. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Manual. b. Typical plant species, quantity of each species, and their size for each planting zone. (Use symbols). c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. ~ / Water Conservation Plan. ~ 7. Ten (10) copies of the building elevations and floor plans on a 24" x 36" sheets(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project FRMOOOl approval. Each buil~g elevation and floor plan~all include the following information: _ a. Floor plans with square footage included. ~ \~ Bve t (j • \ v---5 ~ Y°V"-<>l _s{ 1 ~ b ' d · f ~~ <_ tu~ J . Location an size o storage areas. c. All buildings; structures, walls and/or fenc~d exterior lights. d. Include a scale on all floor plans and building elevations. 'cate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. For Master Plan and Specific Plans Only a. It is strongly recommended that the applicant meet with staff before submitting text and maps for a master plan or specific plan. b. Mter staff and the applicant have worked out the details of the specific plan or master plan a minimum of 20 bound copies of the master plan will be required prior to scheduling the project for a public hearing 10/92 Page 7 of 8 - c. Generally the following information must be included in a Master Plan or Specific Plan document: • 1. Introduction. 2. Environmental Constraints. 3. Land Use and Development Standards. 4. Open Space. s. Public Facilities and Phasing. 6. Signage Photographs of the property taken from the north, south, east and west "O & ~20. Construction materials board and color samples (ie., roofing, exterior walls, textured 'f' ~,.. ~ pavement, glass, wood etc.) :;'~~ ~ Roof plans showing location of roof appurtenances and mechanical equipment. V 1=r--2yompleted "Project Description/Explanation" sheet V23,,,,. Signed "Notice of Time Limits on Discretionary Applications". ~ Deposit for Publication of Notices -See Fee Schedule for amount Y'J~ vv--or""- , y~\,~17~. FRMOOOl 10/92 Page 8 of 8 Cit}' of Carlsbad ■ :.i 61 el O i It· I ·14•10;;; ,i§ ,; I DISCLOSURE STATEMENT APPLICANT'S STATEMENT Of DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART Of THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant List the names and addresses of all persons having a financial interest in the application. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above Is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. , FRM0001 12/91 _______________ _;_; __________ -:-::-:-::-:---:-=--=--:-:-:::--:- '2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 .. (Over) Disclosure Statement Page2 . J 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ No _ If yes, please indicate person(s) __________________ _ Person Is defined as: 'Any individual, firm, copartnerahlp, joint venture, aMOClation, social club, fraternal organization, corporation, estate, trust, receive , syndicate, thl1 and any other county, city and county, city municipality, district or other political subdivillon, or any other group or combination acting as ll unit.' • (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM0001 12/91 • - PRIME INVESTMENTS 6725 MESA RIDGE ROAD #218 SAN DIEGO, CALIFORNIA 92121 ATTN: ARNIE SLAUGHTER Dated as of February 25, 1993 MAR 1 6 1993 at 7:30 A.M. -CHICAGO Title Company 925 11 B11 STREET SAN DIEGO, CA 92101 (619) 239-6081 FAX: (619)544-6279 Your Ref: PRIME AUTO CENTER Order No: 946709 -so In response to the above referenced application for a policy of title insurance, CHICAGO 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 in Schedule B 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 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 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 CO:MMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy American Land Title Association Owner's Policy A.L.T.A. Residential Title Insurance Policy American Land Title Association Loan Policy Other~ Title Officer, TOM VOTEL 544-6234 PRECSFP -12/16/92AA Standard Coverage □ □ □ □ □ Extended Coverage □ □ □ □ □ Order No: 946709 - SCHEDULE A 1. The estate or interest in the land 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: PAUL ECKE, SR. , TRUSTEE OF THE RAY AND BARBARA WINTER TRUST DATED MAY 15, 1981 SUBJECT TO ITEM NO. 19 OF SCHEDULE B. 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION Order No: 946709 50 -DESCRIPTION 1 - PARCEL A: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION.OF THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 292.56 FEET; THENCE NORTHERLY AT RIGHT ANGLES 1558.90 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO CARLSBAD INDUSTRIAL DEVELOPMENT BY DEED RECORDED DECEMBER 4, 1956 IN BOOK 6367, PAGE 141 OF OFFICIAL RECORDS AS MARKED BY A 3/4 INCH IRON PIPE WITH TAG STAMPED R.E. 9822, BEING AT COORDINATES Y EQUALS 348,772.09 FEET AND X EQUALS 1,672,277.16 FEET; THENCE ALONG THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TOP. A. HORTON, RECORDED IN BOOK 1641, PAGE 437 OF OFFICIAL RECORDS, SOUTH 89° 26' 41" EAST 594.57 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS FILE NO. 108756 OF OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 3, NORTH 2° 09' 37" EAST, 471.60 FEET TO THE SOUTH LINE OF PALOMAR AIRPORT ROAD, AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED DECEMBER 7, 1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE NORTH 87° 50' 2311 WEST, 162.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, SOUTH 2° 09' 37" WEST, 184.00 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH 87° 50' 23" EAST, 162.00 FEET; THENCE ALONG SAID WEST LINE OF PARCEL 3, NORTH 2° 09' 3711 EAST, 184.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND. BEGINNING AT THE TRUE POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE SOUTH LINE OF SAID PALOMAR AIRPORT ROAD, NORTH 87° 50' 23 11 WEST 162.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, SOUTH 2° 09' 37" WEST, 34.00 FEET; THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF PALOMAR AIRPORT ROAD, SOUTH 87° 50' 23" EAST, 130.00 FEET TO THE BEGINNING OF A 20 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° A DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE AND PARALLEL WITH THE WEST LINE OF SAID PARCEL 3 SOUTH 2° 09' 37" WEST, 130.00 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH 87° 50' 23" EAST, 12.00 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 3; THENCE NORTHERLY ALONG THE SAID WEST LINE, NORTH 2° 09' 37" EAST, 184.00 FEET, TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF LOT 11H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: Order No: 946709 50-DESCRIPTION 2 - BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AT THE INTERSECTION OF THE WESTERLY LINE OF LAND DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS FILE NO. 108756 OF OFFICIAL RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED DECEMBER 7, 1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS, NORTH 87° 48' 39" WEST (RECORD NORTH 87° 50' 23" WEST) 190.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87° 48' 39" WEST, 90.02 FEET TO AN ANGLE POINT IN THE EASTERLY BOUNDARY LINE OF STATE HIGHWAY XI-SD-2-SD ACCORDING TO RIGHT OF WAY MAP NO. LO-3772; THENCE ALONG SAID EASTERLY LINE SOUTH 73° 07' 12" WEST, 165.69 FEET (RECORD SOUTH 73° 05' 57" EAST, 165.57 FEET) TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE ALONG SAID EASTERLY LINE, SOUTH 2° 25' 31" EAST, 136.57 FEET (RECORD NORTH 2° 25' 02" WEST, 137.57 FEET); THENCE ALONG SAID EASTERLY LINE, SOUTH 12° 41' 38" EAST, 14.21 FEET (RECORD NORTH 12° 40' 15 11 WEST); THENCE LEAVING SAID EASTERLY LINE, AND PARALLEL WITH THE SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, SOUTH 87° 48' 39" EAST, 232.01 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID WESTERLY LINE OF PARCEL 3, NORTH 2° 10' 50" EAST, 204.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE MOST NORTHERLY 34 FEET THEREOF MEASURED PARALLEL WITH AND AT RIGHT ANGLES TO SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD. PARCEL C: THAT PORTION OF OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AT THE INTERSECTION OF THE WESTERLY LINE OF LAND DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS FILE NO. 108756 OF OFFICIAL RECORDS; BEING THE NORTHEASTERLY CORNER OF THE LAND DESIGNATED AS "4.336 ACRES NET" ON RECORD OF SURVEY 6846, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED DECEMBER 7, 1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS, NORTH 87° 48' 39" WEST (RECORD NORTH 87° 50' 23 11 WEST) 162.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, SOUTH 2° 10' 50" WEST 184.00 FEET; THENCE PARALLEL WITH SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, SOUTH 87° 48' 39 11 EAST 162.00 FEET TO SAID WEST LINE OF PARCEL 3; THENCE ALONG SAID WEST LINE SOUTH 2° 10' 50" WEST 287.57 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3, BEING A POINT IN THE NORTH LINE OF THE LAND DESCRIBED IN DEED TOP. A. HORTON, ET DX, RECORDED MARCH 10, 1944 AS DOCUMENT NO. 17399 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTH LINE NORTH 89° 26' 10" WEST 339.93 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF SAID DEED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID EASTERLY LINE NORTH 22° 53' 46" WEST 46.80 FEET; AND NORTH 12° 41' 38" WEST (RECORD NORTH 12° 40' 15 11 WEST) 242.98 FEET TO A POINT DISTANT SOUTH 12° 41' 38" EAST 14.21 FEET FROM AN ANGLE POINT THEREIN; THENCE LEAVING SAID EASTERLY LINE, AND PARALLEL WITH SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD, SOUTH 87° 48' 39" EAST 232.01 FEET; THENCE Order No: 946709 50-DESCRIPTION -3 NORTHERLY PARALLEL WITH THE SAID WESTERLY LINE OF PARCEL 3, NORTH 2° 10' 50" EAST 204.00 FEET TO A POINT IN SAID SOUTHERLY LINE OF PALOMAR AIRPORT ROAD DISTANT NORTH 87° 48' 39" WEST 190.00 FEET FROM SAID WESTERLY LINE OF PARCEL 3; THENCE SOUTH 87° 48' 39" EAST 28.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE MOST NORTHERLY 34.00 FEET THEREOF. ALSO EXCEPT THEREFROM THE MOST EASTERLY 12.00 FEET THEREOF. Order No: 946709 P~ge 1 -so -SCHEDULE 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: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1993-94 WHICH ARE A LIEN NOT YET PAYABLE. B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1992-93. 1ST INSTALLMENT: $3,917.23, PAID 2ND INSTALLMENT: $3,917.23, OPEN HOMEOWNERS EXEMPTION: $NONE LAND: $651,250.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 PARCEL NO: 211-050-03-99 C 1ST INSTALLMENT: $2,786.78, PAID 2ND INSTALLMENT: $2,786.78, OPEN HOMEOWNERS EXEMPTION: $NONE LAND: $317,437.00 IMPROVEMENTS: $179,402.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 PARCEL NO: 211-050-01-00 D 1ST INSTALLMENT: $1,477.55, PAID 2ND INSTALLMENT: $1,477.55, OPEN HOMEOWNERS EXEMPTION: $NONE LAND: $167,875.00 IMPROVEMENTS: $83,628.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 PARCEL NO: 211-050-02-99 E 3 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF SENATE BILL NO. 813 (1983) OF THE STATE OF CALIFORNIA. Order No: 946709 ,Page 2 -so- SCHEDULE B ( continued) F 4 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SOUTHERN CALIFORNIA TELEPHONE COMPANY RIGHT OF WAY 15 FEET IN WIDTH AUGUST 2, 1941 IN BOOK 1200, PAGE 421, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. G 5 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM MAY 15, 1961 AS FILE NO. 83960, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. H 6. 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: AFFECTS: JUNE 18, 1965 AS FILE NO. 108756, OFFICIAL RECORDS THE HIGHWAY CONTIGUOUS THERETO 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS AUGUST 19, 1966 AS FILE NO. 135093, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. J 8. A LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN. LESSOR: LESSEE: RECORDED: PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE, AS JOINT TENANTS MOBIL OIL CORPORATION FEBRUARY 9, 1967 AS FILE NO. 17745, OFFICIAL RECORDS Order No: 946709 Page 3 -so-.. SCHEDULE B ( continued) K THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATI'ERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. L 9 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT- GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS NOVEMBER 3, 1967 AS FILE NO. 172695, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. M 10. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: NOVEMBER 10, 1983 SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AND PAUL ECKE, SR. , INDIVIDUALLY AND AS EXECUTOR OF THE WILL OF MAGDALENA ECKE, DECEASED AUGUST 28, 1984 AS FILE NO. 84-328676 OF OFFICIAL RECORDS GRANT OF EASEMENT AND EASEMENT AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. N 11. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND 0 PROVISIONS SET FORTH THEREIN LESSOR: LESSEE: DISCLOSED BY: RECORDED: AFFECTS: PAUL ECKE AND MAGDELENA ECKE PAULE. HADLEY AND PEGGY R. HADLEY MEMORANDUM OF LEASE SEPTEMBER 26, 1975 AS FILE NO. 75-264065, OFFICIAL RECORDS THE SOUTHERLY 120 FEET OF PARCEL "C" P THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATI'ERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. Q 12 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A BRIDGE AND THOROUGH FARE DISTRICT TO FINANCE THE COSTS OF MAJOR PUBLIC BRIDGE IMPROVEMENTS IN SAID CITY, RESOLUTION NO. 8744. Order No: 946709 -so -.. . Page 4 SCHEDULE B ( continued) A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. R 13. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY" DATED MARCH 6, 1992, EXECUTED BY THE CITY OF CARLSBAD RECORDED MARCH 16, 1992 AS FILE NO. 1992-0141346. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. s 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR STREET AND PUBLIC UTILITY PURPOSES APRIL 22, 1992 AS FILE NO. 1992-0236813, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. T 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES AND APPURTENANCES APRIL 21, 1992 AS FILE NO. 1992-0232358, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. THE EXACT LOCATION AND EXTENT of said easement is not disclosed of record. U 16. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED, BY REASON OF A WORK OF IMPROVEMENT THAT IS DISCLOSED BY THE DOCUMENT SHOWN BELOW DOCUMENT: RECORDED: NOTICE OF NONRESPONSIBILITY JUNE 10, 1992 AS FILE NO. 1992-0361011, OFFICIAL RECORDS V 1 7 . ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT Order No: 946709 P"3-ge 5 -so SCHEDULE B ( continued) THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. W END OF SCHEDULE B X NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. Y NOTE NO. 2 : PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 1992-93 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNER' S EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $150.12 $150.12 $NONE $178,075.00 $83,628.00 $NONE 09000 211-050-02-00 Z PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 1992-93 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNER'S EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $479.94 $479.94 $NONE $661,450.00 $NONE $NONE 09000 211-050-03-00 AA NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR Order No: 946709 -so-.. ,Page 6 SCHEDULE B ( continued) 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 AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 000946709 ATTN: TOM VOTEL TITLE OFFICER AB CM '--..... ... t ~ rJ """) Cl C) I I '-... ...... -""J l'J PALOMAR ~ < -. "" t \ u' ~ u' zao oz. .. @ 2 .49 AC 0 I. &Z. AC u . .c 01EG0 COUNTY ~s::x·s ... ,.~ ,ii: 2 ,, .-c. os M'po0:; =10 - 84 w f- 0: 0 z I; . -~· .... .1 ' . I • I I 64.or. S.E. CCR. PA~ 3 OF )QC IC8 75t, REC 65 0 LJ U1 - <( 0.. 84- S ~T Z AIRPORT . . . . . . . . . . . I \ R D 0 0.64 AC '9 ~ PAR 2 ~:::::. ~ "' 1.38 PM 195 :'I ..: -+51.Zl N I O ·~ C, AC RD . -. zo I / 0 Ill '11' ~ . . ~ ;> .. ,,, 0 8 0.69 AC ?Art 3 ::>M SS t;; IO SiAT:: RD MAI NT. ST.A.TION Z. 6 g AC.. I;:: to 0 ,., -·~ Cl .,, >- .,, ~ _.,, 21 1-05 CHAf\JC£S a..x OLD tr --iOJT ,.....;; rr !T~ 7 10 E If 75 l20.~ 7 i II ,;.,:.-c. ~ 91 .q, 'ii W'D_ e,u,n 05:/ 2/3 /:.,1J~ ~ //I~ ,,. .sr --✓P I .-, :·7h1. plat is for your a.id in locating vour '°"d with reference to streets a.nd other par- ce!l. While trus plat is believed to be cor- ;ect. the ~mpany assumes no liabilitv for a.nv ,oss <>ccur.ng by reason oi r-''•~ .... ~-·• ' -......-eon. MAP 823 -RHO AOJA HEDI~OA -POR LOTH AMERI.ND TITLE ASSOCIATION LOAN POLIC WITH ALT A ENDORSEMENT -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALT A ENDORSEMENT -FORM 1 COVERAGE EXCLU31ONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) 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; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, 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); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polley, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and 1s not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 inspection of the land or by making inquiry of persons in possession 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b} or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of thei exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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, not recorded in the public·recbrds at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (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 paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 inspection of the land or by making inquiry of persons in possession 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. -.. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters· (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (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 paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 inspection of the land or which may be asserted by persons in possession 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 exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 (Rev. 10/91) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6·1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1 . Governmental policy 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 apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. 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 exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • tbatare 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 . .. .. r.,:,,,·1...' ;/' 1-/ # / rt{ tt/ -CITY OF CARLSBAD Aa -, -, • { 200 CARLS BA AGE DRIVE CARLSBAD, altl"ORNIA 92008 438-5621 REC'D FROM f,~f.J/1'£. (l,J... /,.l./}Stf_ //// IJ[f/ il1U,7S 1512 03/16/92 0001 01 02 ACCOUNT NO. DESCRIPTION C-PRri~MOU N)l;S:. 00 (-/Jr I !!l/1 ·(',, /1/J i'/ I ? -;1/ '/ r / I /' . j ,·/'' ..'.) 1 ,?1 ,· ("_ 7 I -I , ','\ () ;::> rt? ~/}/ .J. 7 7. 5t'/') -· I ~--I :) ~c:: ' .,. ;) f /J<f>, . 5r /) :(~,,,..> 'II/' T .. I f. F.~ r ·-. ' . f I :-· :: J A, ..,i-:;,, r 1: /''}'' ;J ;:: ;:-I ,,-I :.)/"' ,r-,,.....,1 ' I I I I I I I I I I I ,.:,",/) £1 I RECEIPT NO. 198,·32 TOTAL I/ . I 'l ,, / /· n r / .JJ... q -;J._ A CITY OF CARLSBAD A l'Kq,-r 5 1200 CARLSBA~ILLAGE DRIVE CARLSBAD, ali!I..IFORNIA 92008 ---------•• 438-5621 ACCOUNT NO. DESCRIPTION AMOUNT ........ .;ti (A lh 11-· f2 -!j I ( )~. !ft< ... /,2 /J:O~) ' II . . I I -I I , I I I I I I I l\'".t',~-:t -tl'l ll\'\'1 nv, h/\lH ;,,r ,'\I') I • .,._ w ~~ •• ,w: ~ -wle,l"~i,c, • ...,....,. .., ... I C--F'RMT 120.00 I I I I I I I I RECEIPT NO. t 7 0 j 7 I TOTAL I ,... , ... . ;.;l_(J.1()0 • PLEASE NOTE: Time limits on·the;processing of discretionary projects established by state law -do not start until a project application is deemed complete by the City. The City ha-s 30 calendar days from the date of appi i cation· ~ubmitta l to determine whether an application is complete or. iJi11complet~; .. _ Within 30 days of subntittal of .this application you will receive···a 1letter st'ating whether this applicatfon is .complete or incomplete. If it is incomplete, the letter will ·state what is needed to make this application complete. When the application i.s complete, the processing period. wil~~upor:i'\the dat~ ~he completion let:;er. Applicant Signature< iri,:-f:~1 ,~f....-??7 Staff Signature: LM zr~ \\__~ I . Date: s-16 -c; > r yp CFJ-0 / /k;; D ;> 11:S -0) , . I To be stapled wit~ receipt to application Copy for file ..... : -,.r City of Carlsbad ■ :Qfii Ii Ii iii· i•l§•Siil i,t§ Iii DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE crrv COUNCIL, OR ANY APPOINTED BOARD, COM~ISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Katt+~-/JJ,;,fe,-T~uS7Jda.-l:eJ H41 I~ /ff/ ____________ _ fitf;;,,1:;;_:K~~ fZ63J 3. If any person identified pursuant to (1) or (2) above Is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the n_on-profit organization or as ·trustee or beneficiary of the trust. 12~ u) I~ fer-I ft U .S {-e e.,. FRM0001 12/91 ---------------------------------2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ► -.. • (Over) Disclosure Statement Page2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No .Jc_ If yes, please indicate person(s) ________ -__________ _ Person la defined aa: "Any Individual, firm, copartnerahlp, joint venture, association, aoclal club, fraternal organization, corporation, estate, trust, receive , syndicate, this and any other county, city and county, city munlclpallty, district or other polltlcal aubdlvlalon, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) ~~ci~~OSJt?c s-7-~ RAY W, /1./1 A! l c_;.~ <f?~c.f-fAP-D A 5ruP11\( Print or type name of owner Print or type name of applicant FRM0001 12/91 CITY OF CARLSBAD REQUEST FOR REFUND Account No. -----'8....;;8...::2_-..:..5..:..19;:,_-....;;3...::2'"""3..:..0-_5;:,_1;;.._;9....;;9_. __ • _ ~ J~ 9~cp-? ·77 .• )p 93· CJ/ /:.:.t/ p '·_;'.,j· 7/ vendor No. ________ _ Amount of Refund 8, 300 • 79 Fee Paid For: Cash security deposit for landscape Date Fee Paid: _6-=-..:....::/ 2=..:2::....:c/...;;;9.....;4 ___ _ Fee Paid By: ---=-F....:..A..::.:n:..:..c:.;h:..:..e=r;__;D=-=e..c..v=e-=-=lo:.,:p""'m=e=n::...:..:..t --'S=-e=r,_v'""i,.,,c=e=s_._, --'-'I n,_,_c=-=-. ____ _ Facts Supporting Request: In order to proceed with their project, the applicant was regu'ired to bond for their landscaping. This was a cash bond in the amount of $8,300.79. Name of Applicant: ---=-F=a,_,n=c.:..::h-=e..,__r--=D=e:...:.v=e=lo~p=m=e.,_,n=t--'S=e==-rv..e...:..:ic=e=s'-'-,__,_l ...,n=c_._. _______________ _ Address: __ 1_3_4_2_B_e_ll_A_v_e_n_u_e...:..,__;:_...;;._.,,==--i'--''-----'-'---,.-,,::;....-,-2_6'-8---'0 _____ __:...7....:..1....:..4----'2=5'--'8'----'1-"'8....:..0..c..8 ___ _ Street Zip Telephone Dept. Justification: ____________________ -.::> , 0 • 11 . n. _ Rec: ~ -N~ "f1, _;_.,:__~=-----'---'--"------ll<l Approve Finance Investigation: Rec: □ Approve City Manager's Action: ~pprove ... □ Disapprove Date □ Disapprove Dept. Head Signature Date □ Disapprove Date • City of Carlsbad ■ ::;;p. ,,,. i .,~-•2§ ·Sil•, ,i§ ,i I September 19, 1994 Charles A. Chavez Project Manager Fancher Development Services, Inc. 1342 Bell Avenue Suite 3-K Tustin, CA 92680 SOP 93-01, CUP 93-01 RALLYS HAMBURGERS Dear Mr. Chavez: ~nL , ·migA l\ '' ,. ' ...... -~.·~rn•··' -r . . ' -·· ~/ _ _.._ ........... -.... -~ ... --... ---- Enclosed is a request for refund in response to your letter dated September 9, 1994, in the amount of $8,300.79. Please sign at the appropriate place and return both copies to me for processing. Thank you for your prompt attention this request. Sincerely yours, ~(--{~ BOBBIE HODER Senior Management Analyst Encl. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 09. P0.0G0NN.6873.-G6 \