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Home My WebLink AboutSDP 93-03; POINSETTIA COMMUTER RAIL STATION; Site Development Plan (SDP)U I I Ul· \..I\KJ...::)tj,'\J.) LAND USE REVTEW APPUCA TION FOR PAGE l OF :! 1) .-\PPUCA TlONS APPUED FOR: ( CHECK BOXES) □ □ i:.... t ,-, !'-' ~aster Plan S;:,ec:fic P!an ?~ec:se ::Je\e!c;::r:-:er.r ?!an :-enraove :-~acr ~:a_;, ?!anned Devei6pmenc ?errrit (FOR DEPT USE 01'<1.Y) □ 0 at 0 ~ General Plan :\m~r.dment Local Coastal ?Ian Amendment Sire Development Plan Zone Change Conditional L"se Permit =:~ =~:;- .s~ :,:::- I'" lo :--;on-Residential Planned Development 0 Hillside Deveiopment Permit D Condominium Perm.it D Environmental Impact Assessment 0 Special Use Pimnit D Variance □ Redevelopment Perm.it D Planned Industrial Permit □ Tentarive Parcel Map D Coastal Development Permit D Administrative Variance D Planning Commission Determination □ List any other applications not specificed 2) LOG\TION OF PROJECT: ON THE NORTH SIDE OF POINSETTIA LANE (NORTH. SOL'TI-! EAST, WEST) (NAME OF STREET) ...--A_V_E_. -E-NC_I_N-AS----., BE1WEEN I SDN RR I AND (NAME OF STRE.ET) (NAME OF STREET) 3) BRJEF LEGAL DESCRJPTION: 4) ASSESSOR PARCEL NO(S). S) LOCAL FACIUTIES MANAGEMENT ZONE 8) EXISTI~G ZONING U) PROPOSED NUMBER Of RESIDENTIAL UNITS POR. LOT 1. SEC. 29 T 12 S AA 214-150-16 j 22 j 6) EXISTING GENERAL PLAN .__ __ .., DESIGNATION [ RDM-d 9) PROPOSED ZONING D 12) PROPOSED NUMBER OF LOTS • I BM/0 J n PROPOSED GENERAL PLW I RM!d DESIGNATION l aoM-d 10> cRoss sm ACREAGE 15.9 EJ 13) 'IYPE OF SUBDMSION f N/A J (RESIDENTIAL COMMERCIAL INDUSTR!Al) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 15) PROPOSEDINDUSTRlAL. OFF1CE/SQUAR£ fOOTAGE j 16) PROPOSED COMMERCIAL ._ ____ __. SQUARE FOOTAGE 0 0 NOT!!.: A PlW:>OSm PltOJliCr ltfQOlRlNG lHAT MULTJJIU ~ BE FlllD MlJst' B1l SU8MlTTED PMX TO 3:30 PJL A~ W..OJECT R.EQUIIUNG lliA.T ONLY ON! N'fUG\11Qf Ila P9..!0 MUST M SI.JBMtnED PR10a. TO 4:00 P.U. FRM00016 SI% & CITY OF CARLSBAD 9No USE REVTEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJECT lN OPEN SPACE N/A ] 18) PROPOSED SEWER CSAGE [N EQL'IVALENT DWELLING CN[TS N/A 19) PROPOSED [NCRE.-\SE [N AVERAGE DAlLY TRAFF[( 1400± ~O) PROJECT .'/AME: POINSETTIA COMMUTER RAIL STATION 21) PARKING LOT AND FACILITIES FOR THE PROPOSED COMMU 22) IN TI-lE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANN!NG COMMISSIONERS. DESIGN REVIEW 30ARD MEMBERS, OR CITY COUNCIL MEMBERS TO [NSPECT AND ENTER TI-lE PROPERTY THAT [S THE SUBJECT OF THIS APPLICATION. [/WE CONSENT TO ENTRY FOR THIS PCRPOSE S!GNATCRE 23) OvVNER 24) APPLICANT SAME NAME (PR1NT OR TYPE) NAME (PR1NT OR TYPE) NORTH COUNTY TRANSIT DISTRICT MAILING ADDRESS MAILING ADDRESS 311 SOUTH TREMONT STREET CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP OCEANSIDE, CA 92054 (619) 967-2817 I CERTIFY THAT I AM 11-!E LEGAL OWNER AND THAT ALL TiiE ABOVE INFORMATION IS TRUE AND a:JRR£CT TO TiiE BEST OF MY KNOWUDGE. FOR CITY USE ONLY FEE COMP!JTATION: APPLICATION 1YPE FEE REQUIRED t3tlr93-d- Sh ;£/Ll~:Z -3 TOT AL FEE REQUIRED DATE FEE PAID /"°l ./ ,/1- RECEIVED BY: RECEIPT NO. TELEPHONE I I • THE WILLE'IT COMPANY 346 Rancheros Drive San Marcos, California 92069 ATTN: CHIP Dated as of October 15, 1992 Issuing Office: at 7:30 A.M. CHICAGO Title Company 925 11811 Street San Diego, CA 92101 (619) 239-6081 FAX: {619) 544-6292 Your Ref: SAN DIEGO COUNTY DEV Order No: 943390 -02 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 ~f 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 Exhibit A attached. 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 COMMITMENT 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 Associa Loan Poli'cy Other: Title Officer, Standard Coverage 0 □ □ □ □ Extended Coverage □ □ □ □ □ Order No: 943390 -02 • 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: NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, a Public Agency 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: 943390 02 DESCRIPTION 1 PARCEL 1: That portion of Lot 1 in Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the Official Plat thereof, lying Northeasterly of the Northeasterly line of the 200.00 foot wide right of way of the ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY. PARCEL 2: A Parcel of land being in the City of Carlsbad, County of San Diego, State of California, and being a portion of the East half of the Northeast Quarter of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof, more particularly described as follows: BEGINNING at the Northwest corner of the East half of the Northeast Quarter of said Section 29; thence South 20° 27' 52" East 869.10 feet; thence South 69° 32' 08" West 275.76 feet to a point on the Easterly right of way line of the ATCHISON, TOPEKA and SANTA FE RAILWAY, being 200.00 feet wide; thence along said right of way line North 20° 27' 52" West 154.51 feet to a point on the Easterly line of Lot 1 in said Section 29; thence along said line North 0° 38' 14" East 765.95 feet to the Point of Beginning. Excepting all coal, oil, gas, petroleum and other hydrocarbon substances in and under such property, Granter, it's successors and assigns, retaining the exclusive title and right to remove said substances, together with sole right to negotiate and . conclude leases and agreements with respect to all such substances under the property and to use those portions of the property which underlie a plane parallel to and 500 feet below the present surface of the property for the purpose of prospecting for, developing and/or extracting such substances from the property by means of wells drilled into or through said portions of the property from drill sites located on other property, it being expressly understood and agreed that Granter, its successors and assigns, shall have no right to enter upon the surface of the property or to use the property or any portion thereof above the level of the aforesaid plane. Order No: 943390 -02 . Page 1 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. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. B 2. The rights of the public in and to that portion of the herein described property lying within Road Survey No. 339. c 3. Covenants, conditions and restrictions {deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: July 24, 1924 in Book 1028, Page 136 of Deeds D Affects: Parcel 1 E 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 Underground telephone structures October 25, 1941 in Book 1262, Page 168 of Official Records The route affects a portion of said Parcel 1 as more fully described in said document F 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Public utilities, ingress and egress October 25, 1941, as File No. 66898 in Book 1269, Page 3 of Official Records The route affects a portion of said Parcel 2 as more fully described in said document G 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Public utilities, ingress and egress March 29, 1954 in Book 5186, Page 558 of Official Records The route affects a portion of said Parcel 1 as more fully described in said document Order No: 943390 -02 ' . Page 2 SCHEDULE B ( continued) H 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Public utilities, ingress and egress March 29, 1954 as File No. 40574 in Book 5186, Page 560 of Official Records The route affects a portion of said Parcel 2 as more fully described in said document 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Public utilities, ingress and egress August 26, 1957 in Book 6723, Page 449 of Official Records The route affects a portion of said Parcel 1 as more fully described in said document J 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 April 10, 1963 as File No. 61421, Official Records Parcel 1 K 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE CITY OF CARLSBAD A sanitary sewer June 19, 1972 as File No. 156151, Official Records The route affects a portion of said Parcel 1 as more fully described in said document L 11. An unrecorded easement to SOUTHERN COUNTIES GAS CO. across the Westerly line of the herein described property, as disclosed by an inspection of said land. M 12. Notice of Special Tax Lien by the City of Carlsbad, Community Facilities District No. 1, recorded May 20, 1991, as File No. 1991-0236959, Official Records. Order No: 943390 Page 3 -02 • N 0 p Q R END OF SCHEDULE B SCHEDULE B ( continued) NOTE NO. 1: This Company will require the following in order to insure title in, or a conveyance from, the entity named below. Name: NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, a Public Agency A copy of the Resolution of the Corporation approving the present transaction and identifying the subject land. NOTE: If this Company is requested to disburse funds in connection with this transaction, 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 after the day deposited. Other checks require a hold per_iod 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: 000943390 Attn: Susan Johnston Title Officer jn t;u~-, ... -:__ • -··· ..... __,,M...,.,O"""'"N=:r=-=£-=-c,=1;~0 I _R,AINTREE D ..... I @ · '. 55.92 AC. • ,"' . , E..V4C •.~ 0 (,,,;J . :-.O~b.~ r:)~ _ SE.C.28 @ stc:zg- -.. 17 . • • • -';. ,.-·' SHT. 2· __ ,.,·""' • ! ~~I~.:. • . "\. I .. 2.14-JS.· --~ SHT. I OF 2-------=' -J:. . ,94S!)9{2-Z..=-40!r~ ILJ-/9-f'Z_ ~ ct, 7_ 1----:-:--------... -CHANGES : ~~~~ ·i POR SEC 29 -T12S-R4W P0R SEC 28 -Tl2S-R4W on~ 1?0-:>o : ✓ .. 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 wi!I 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 l1m1ted to building and zoning laws, ordinances, or regulations) restricting, regulating, proh1b1ting 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 Polley. 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; 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 rea! property or by the public records Proceedings by a public agency which may result 1n 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 1n 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 . • I I I f AMERICA.ND TITLE ASSOCIATION LOAN POLICY .90) WITH AL TA ENDORSEMENT • FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH AL TA ENDORSEMENT -FORM 1 COVERAGE 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) 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 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 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 is 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 th_ereof. 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 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: • tbaiare 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 . • • • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD 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 au~hority 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) Cit~ of Carlsbad iiiil@:.j ttb I 11 rttnl 111ffi •Et# j' I t4 Ai 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. North County Transit District 311 South Tremont St. Oceanside, CA 92054 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Same as Applicant 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. NIA 4. If any person ide_ntified pursuant to (1) or (2) above is a non-profit Oiganization 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 4/91 2075 Las Palmas Drive .. Carlsbad, California 92009-4859 • (619) 438-1161 • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of Cir; staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ No _L_ If yes, please indicate person(s) ___________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receive , syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as ~ unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/elate Print or type name of owner Print or type name of applicant FRM0001 4/91 • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: POINSETTIA COMMUTER RAIL STATION APPLICANT NAME: NORTH COUNTY TRANSIT DISTRICT Please describe fully the proposed project. 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. Poinsettia Commuter Rail Station is a part of the Oceanside -San Diego Commuter Rail Project that was included in Proposition A that was approved by the voters in November 1987. -A Notice of Preparation (NOP) of Draft Environmental Impact Report (DEIR) was issued by the North County Transit District on February 7, 1989 and this project was included in that DEIR. Relevant portions of that document have been excerpted into this application. The Poinsettia Commuter Rail Station consists of two parts. One part is the construction of a passenger platform and limited parking area within the SDN RR R.O.W. and the other is the construction of a parking lot on bare land adjacent to the SDN RR R.O.W. The proposed parking lot is to be constructed on a parcel of land that contains approximately 5.9 acres. The proposed site development (both parts) will include landscaping, pavement, restroom utility building, and an access road (Avenida Encinas). Parking will be provided for approximately 362 cars and areas will be constructed for both auto and bus drop off and pick up. Access to the site will be via Interstate 5, Poinsettia Lane and Avenida Encinas. Avenida Encinas will be extended from it's present terminus to the northerly property line of the project site. Construction of Avenida Encinas will occur within the existing La Costa Blvd. right-of- way. It is also the intent of the District to provide for reasonable pedestrian access to and from whatever future development should occur on the adjacent property. projdesc.092