HomeMy WebLinkAboutAV 09-02; LLOYD RV; Administrative Variance (AV)• • CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
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2)
3)
Environmental Impact Assessment
Administrative Permit
Coastal Development Permit (d) D Minor
Conditional Use Permit (d)
D Minor D Extension
Condominium Permit
Habitat Management Permit D Minor •
Hillside Development Permit (d)
Planned Development Permit
D Non-Residential
Planned Industrial Permit
Planning Commission Determination
Site Development Plan
Special Use Permit
Tentative Tract Map
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
(FOR DEPT. USE ONLY)
D iriance
Administrative
Legislative
□ General Plan Amendment
□ Zone Change (d)
□ Local Coastal Program Amendment
(d)
□ Zone Code Amendment
□ Master Plan D Amendment
□ Specific Plan D Amendment
List other applications not specified
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-Z l o -I 13 -03-o o
(FOR DEPT. USE ONLY)
A\/0102
4) BRIEF DEscRIPTION oF PROJECT: A "'t) M ,J.J , syt2.-n o A-1 VA-at a-J..L Cir 1;;-0,g,,
&rt--C-/e:12. A:-:Ti '11-J..,f A:( Vtf..-H:r c_ L-£.. tX...T r/1.-0 J--1, L G,._.. L n_. l/¢r;---n or--/ ,
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
<sr£v1=c:.. l-lo 'S;rJ&v~ l /CJlvf b
MAILING ADDRESS MAILING ADDRESS
~'3 5D ~L (tt/2.:(!? Dl-'t>fL__ 5"35'c> E..-L A~L v~.
CITY AND STATE
~lST>A'1>
EMAIL ADDRESS:
ZIP TELEPHONE CITY AND STATE
CA -~Z..008 7hD-7'53·'1B6B G4
THE LEGAL OWNER AND THAT ALL THE ABOVE
E AND CORRECT TO THE BEST OF MY KNOWLEDGE.
-z-zz-09
DATE
ZIP TELEPHONE
EPRESENTATIVE OF THE OWNER
ATION IS TRUE AND CORRECT TO
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT
REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. (d) = eligible for 25% discount
Form 14 Rev. 01/09 PAGE 1 OF 4
• •
7) BRIEF LEGAL DESCRIPTION L--r-l bl 1)(-1(~~/2.AMA-(L
t;etJ·. 2.10-u3-0J-oo
a) LocAT10N oF PROJECT: 53 s=o £ k A:tc~l < l) R--. c..ka.L.-Sf' A)> . tA. 12.aQB
STREET ADDRESS t
ON THE I '2--.A-ST I SIDE OF I e L,..-A~~o L-l>.?-:.
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I CAJ..J NO /'-I AND I C.e ~~ z.. o
(NAME OF STREET) (NAME OF STREET)
9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECE~SARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO
INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) NOTIC
RE
A
FOR CITY USE ONLY
Form 14 Rev. 01/09
KNOWLEDGES AND CONSENTS TO A NOTICE OF
TITL TO HIS PROPERTY IF CONDITIONED FOR THE
HE LAND AND BIND ANY SUCCESSORS IN INTEREST.
RECEIV!O
JUL 2 2 2009
CITY OF CARLSBAD
DATE f~~~~A~iffiCEIVED
RECEIVED BY:
PAGE 2 OF 4
• CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR: •
ADMINISTRATIVE VARIANCES
VARIANCES
Variances granted by the Planning Director are termed Administrative Variances. Administrative variances
shall be limited to:
1. Modification of distance or area regulations, provided such modifications does not exceed
seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum
lot coverage regulation;
2. Modification of the minimum lot width regulation, provided such modification does not result
in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not exceed ten
percent of the maximum allowed sign area;
5. Modifications to the sign height regulations, provided such modification does not exceed ten
percent of the maximum allowed sign height.
All other variances will be heard by the Planning Commission and processed pursuant to Chapter 21.50 of the
Carlsbad Municipal Code.
A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A
proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m.
I. REQUIRED PLANS (All required plans shall be collated into complete sets. stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
A. SITE PLAN -Four (4) copies on 24" x 36" sheet(s). Ten (10) 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 information:
1. GENERAL INFORMATION
Da.
Ob. De.
Name and address of applicant, engineer and/or architect, etc.
Location, size and use of all easements.
Dimensions and locations of: access (pedestrian and vehicular), service areas and points of
ingress and egress, off-street parking and loading areas showing location, number and typical
dimension of spaces, and wheel stops.
Distance between buildings and/or structures.
Building setbacks (front, rear and sides).
Location, height and materials of walls and fences.
Location of freestanding signs.
All applicable Fire Suppression Zones, as required by the City's Landscape manual.
A summary table of the fo'ilowing (if applicable):
0(1) Site acreage.
0(2) Existing Zone and General Plan Land Use Designation.
0(3) Proposed land use.
0(4) Total building coverage.
0(5) Building square footage.
0( 6) Percent landscaping
0(7) Number of parking spaces
0(9) Square footage of open/recreational space (if applicable).
0(10) Cubic footage of storage space (if applicable).
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Form3 Revised 1 1/06 Page I of 4
B.
E.
II.
□A
0B.
Oa.
Ob. De.
0d.
GENERAL INFORMATION
Location and size of storage areas (if applicable). Indicate ceiling height or the height of the
underside of the roof for all storage areas.
All buildings, structures, walls and/or fences, signs and exterior lights.
Indicate the Uniform Building Code occupancy classes at all building areas.
Include the type of construction per the Uniform Building Code.
t submitta . • he
Applican tJ.u.....:9-1',;;;-;:;~ .,,.-.....-.. ~ e (1) set of colored
. , u .. :,.,,_.,.,,___ Planning
. not mount exhibits.
REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
A completed Land Use Review Application Form.
Completed Variance Justification Form (attached).
OD. Disclosure Statement. (Not required for tentative parcel maps.)
OE.-Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
OF. Biological resource, cultural resource, and/or other environmental studies that are necessary to make
an environmental determination (i.e. BIR, Negative Declaration or Exemption).
OG. Signed "Hazardous Waste and Substance Statement" form.
OH. Property Owners List and Addressed Labels
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE
DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT
AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY
OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A
STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE
LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY
ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS
INFORMATION IS RECEIVED.
1.
2.
A typewritten list of the names and addresses of all property owners within a 300 foot radius
for Administrative Variance and 600 foot radius for a Variance of subject property (including
the applicant and/or owner). The list shall include the San Diego County Assessor's parcel
number from the latest assessment rolls.
Mailing Labels -two (2) separate sets of ~a~g labels of the property owners within a'3ool
foot radius for Administrative Variance or~foot radius for a Variance of subject prop¥,'
For any address other than a single-family residence, an apartment or suite number must be
included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable
fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and
MS Line Draw 11 pt. Sample labels are as follows:
ACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt #3
Carlsbad, CA 92008
ACCEPTABLE (with APN)
209-060-34-00
MRS JANE SMITH
APT3
123 MAGNOLIA A VE
CARLSBAD CA 92008
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Form3 Revised 11/06 Page2 of 4
3. )/:300 Foot Ra&ao for Administrative Variance
• (;90 Foot Radius Mw :for Variaace , •
A map to scale not less than l" = 200' showing each lot within a 300 foot radius for
Administrative Variance or 600 feet for a Variance of exterior boundaries of the subject
property. Each of these lots shall be consecutively numbered and correspond with the
property owners list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical.
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Form3 Revised 11/06 Page 3 of 4
'l .• J.
.JUSTIFICATION FOR VARIANCE •
By law a Variance may be approved only if certain facts are found to exist. Please read these requirements
carefully and explain how the proposed project meets each of these facts. Use additional sheets if
necessary.
1. Explain what special circumstances are applicable to the subject property, including size, shape,
topography, location or surroundings, whereby the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification: zr-&-ue,~.,e,,4 L 13 u t Lb 1 ,~s v 1---1 My
ou MTZK~ 5101£ oF ~ATZt?&tl/:L v',S+ff C-L/6
f@/Jli-#( rD/L-: &<u?cVL-yatz.,D AS Uoalb~'-y iZ-ttAJ:,vt tu-&--0,
2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding:
3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the subject property:
{;:Y'-:4' ,-t,1' A VA--/L I ,,4 /'-{ ~ w OU C 'b tvl fl I A-1:jV fJN '--& VT!?/2.. I 2--'i:.-.b
v' St;-= or-M/t f?A-0/J.6:..-ILJ)/
4. Explain why the granting of the variance is consistent with the general purpose and intent of the .
General Plan and any applicable specific or Master Plans:
A: t/24(2.. c a H c~ po~ 9 fJJ?/:;,, 1-'!! 1 H ltk&t-1 c 1?,d--1-t;vtr=Qe:>/✓
\ 2 CON S / uk.AJ r U/t1}·Y _-r;;.,r( hJ.4 T o-,:::-T* &,~l-
~ t B&/.
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Form3 Revised 11 /06 Page4 of 4
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City of Carlsbad
IQFhi,O,f·l•J4•i½iiihMUI
DISCLOSURE STATEMENT
Applicant's statement or 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.
The following information MY.§! be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial Interest
In the application. If the applicant includes a corporation or partnership. include the names, tltle,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE
BELOW. ff a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person $,z:.vt:, L, / .9'(..l> Corp/Part. _________ _
Title C> W /'--C te (2. Title ____________ _
Address~3'.Sv el-1+11-~ol.. 12'2-, Address _________ _
C!l/12...{-~,&/'b I CA. q-z,008
2. OWNER (Not the owner's agent}
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership,
interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership. include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person s-rst,,vE;.,. ll ov:o Cor8 flrU{tJ>---1 Ql(sJ::lG y
Title OW l>I e /2 I Title Q vv J...J /[b,(-
Address 5%,s'o {G.,(; A,(l'f;ol-'l>fl. Address ~z@ fi,l, A~~~ "b/f...
Ct,\ ill.LS]fR]> l kA, q ~ e.1Jdt,l,~ (G Ir b I (L,A:: , CJ Z-l<:S
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602•8559 • www.ci.carlsbad.ca.us @
• •
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or {2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust._______ Non Profitffrust. ________ _
Title___________ Title. ____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes ~ No If yes, please indicate person{s): __________ _
NOTE: Attach additional sheets if necessary.
bove information is true and correct t
Si
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\OISCLOSURE STATEMENT 12106 Page2 of 2
• •
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: SYw~ L [0\/1) ~1io"11iL Yl&HtcUG vi4/l,lA~f:._ t
APPLICANT NAME: S-r.frvE: LJo'ib
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Oescription/Expla nation:
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7o ;J,4,~1c I l\..t • /rrvt£,.~ /)IL, 'v Fl.wA-y 11'-1
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1)U~ -rt;> $T/l-.U C-,'c..//L~ L '"g,u I L. 1) ,.--us
#Cl!-€...SS
Di3§71(Vl.-l' oJ._.
Project Description 10/96 Page 1 of 1
. . • •
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one): .
~he development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application m contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: 5A"""'f:...:
Address: _____________ _
Phone Number:. ___________ _
PRO~ERTY OWNER
Name: si-.e-v e--l.lO'(()
Address: ~~~0 1c-. L-A,4='2:ol-V/4.
Gt1tL s 6"A1) I fJA' qz_ooB
Phone Number: 7b 0-·-; S3 -'-t 6 6 e,
Address of Site: ___________________________ _
Local Agency (City and County): Gkµ.S"lsA'"'Q 5' /.l,,.AJ DJ €o/ 0
Assessor's book, page, and parcel number: A-t° N ; Z IO -It~ -0 '3 -oo
Specify list(s): ____________________________ _
Regulatory Identification Number: ____________ ,___ _________ _
Admin/Counter/Haz\Vnslc
Form No. 1490 EAGLE (6/98)
CLTA Homeowners Policy ofTitle Insurance (6/2/98)
ALTA Homeowner's Policy ofTitle Insurance (10/17/98)
1 /\M~Jt1 '~"' o_,
"~-!a. .,,
~ =41,-
January 22, 2003
Escrow Transfers
2928 Jefferson Street, 3rd Floor
Carlsbad, CA 92008-2377
Attn: Ranee N. Kozlowski
Title Officer:
Phone:
Order Number:
Buyer:
Property:
First American Title
411 Ivy Street
San Diego, CA 92101
Bonnie Stark
(619) 238-1776
DIV--636085
Lloyd
5350 El Arbol Drive
carlsbad, california
Attached please find the following item(s):
A Policy of Title
Order Number: DIV--636085
Page Number: 0
Thank You for your confidence and support. We at First American Title Company maintain the
fundamental principle:
Customer Rrst!
Rrst American Title
Fonn No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy ofTrtle Insurance (6/2/98)
ALTA Homeowner's Policy oflitle Insurance (10/17/98)
Order Number: DIV--636085
Page Number: 1
FIRST AMERICAN TITLE INSURANCE COMPANY
EAGLE Protection Owner's Policy
FOR A ONE-TO-FOUR FAMILY RESIDENCE
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between You and Us.
It applies only to a one-to-four family residence and only if each insured name in Schedule A is a Natural Person. If the Land described in
Schedule A of the Policy in not an improved residential lot on which there is located a one-to-four family residence, or if each insured named
in Schedule A is not a Naural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed on page 2 and 3 of the
Policy. The policy is limited by:
• Provision of Schedule A
• Exceptions in Schedule B
• Our Duty to Defend Against Legal Actions on Page 3
• Exdusions on Page 5
• Conditions on Pages 5, 6 and 7
You should keep the Policy even if You transfer Your title to the Land.
If you want to make a claim, see paragraph 3 under Conditions on pages 3 and 4.
You do not owe any more premiums for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your
rights and obligations and Our rights and obligations. Since the Policy-and not this sheet--is the legal document,
YOU SHOULD READ THE POUCY VERY CAREFULLY,
If you have any questions about your Policy, contact:
First American Title
2 First American Way, Bldg 2
Santa Ana, CA 92707
714-800-3000 or 800-854-3643
Rrst American Title
Form No. 1490 EAGLE (6/98) Order Number: DIV--636085
CLTA Homeowners Policy ofTrt:le Insurance (6/2/98)
ALTA Homeowners Policy ofTrt:le Insurance (10/17/98)
Page Number: 2
FIRST AMERICAN TITLE INSURANCE COMPANY
EAGLE Protection Owner's Policy
FOR A ONE-TO-FOUR FAMILY RESIDENCE
OWNER'S COVERAGE STATEMENT
COVERED RISKS
TABLE OF CONTENTS
OUR DUlY TO DEFEND AGAINST LEGAL ACTION
SCHEDULE A
Policy Number, Premium, Date and Time and Amount
Deductible Amounts and Maximum Dollar Limits of Liability
Street Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B --EXCEPTIONS
EXCLUSIONS
CONDmONS
1. Definitions
2. Continuation of Coverage
3. How to Make a Claim
4. Our Choices When We Learn of a Claim
5. Handling a Claim or Legal Action
6. Limitation of the Company's Liability
7. Transfer of Your Rights to Us
8. Entire Contract
9. Increased Policy Amount
10. Severability
11. Arbitration
Rrst American Title
Page
4
4&5
5
5
5
5
5&6
6
6
6
6
6
6
7
7
Fann No. 1490 EAGLE (6/98)
CLTA Homeowners Policy of Title Insurance (6/2/98)
ALTA Homeowners Policy of Title Insurance (10/17/98)
Order Number: DIV--636085
Page Number: 3
Policy of Title Insurance
ISSUED BY
Arst American Title Insurance Company
EAGLE Protection Owner's Policy
FOR A ONE-TO-FOUR FAMILY RESIDENCE
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy, resulting from the Covered Risks set forth
below, if the Land is an improved residential lot on which there is located a one-to-four family residence and each insured named in Schedule A is a Natural
Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists
on the Policy Date or, to the extent expressly stated, after the Policy Date. Your insurance is limited by all of the following:
• The Policy Amount shown is Schedule A
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
• Exclusions on page 5
• Conditions on page 5, 6 and 7.
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title arising out of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title arising out of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective.
7. Any of Covered Risks 1 through 6 occurring after the Policy Date.
8. Someone else has a lien on Your Title including a:
a. Mortgage;
b. judgement, state or federal tax lien, or special assessment;
c. charge by a homeowners or condominium association; or
d. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has as encumbrance on Your Title.
10.Someone else claims to have rights affecting Your Title arising out of fraud, duress, incompetency or incapacity.
11.You do not have both actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or
restriction is excepted in Schedule B.
13.Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant
condition or restriction is excepted in Schedule B.
14.Because of an existing violation of a subdivision law or regulation affecting the Land:
a.You are unable to obtain a building permit;
b.You are forced to correct or remove the violation; or
c.someone else has a legal right to, and does, refuse to perfonn a contract to purchase the Land, lease it or make Mortgage loan on it.
The amount of Your insurance for this Covered Risk is subject to Your deductible Amount and Our Maximum Dollar Limit of Liability shown is Schedule A.
15.You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or fences -because any portion was built
without obtaining a building pennit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount
and Our Maximum Dollar Limit of Liability shown in Schedule A.
16.You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are
required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our
Maximum Dollar Limit of Liability shown in Schedule A.
First American Title
Form No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy ofTrt:le Insurance (6/2/98)
ALTA Homeowner's Policy ofTrt:le Insurance (10/17/98)
Order Number: DIV--636085
Page Number: 4
17.You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation.
18.You are forced to remove Your existing structures because they encroach onto Your neighbor's Land. If the encroaching structures are boundary walls or
fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
19.Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your
neighbor's existing structures encroach onto the Land.
20. You are forced to remove Your existing structures because they encroach onto an easement or over a building set-back line, even if the easement or building
set-back line is excepted in Schedule B.
21.Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even if the easement is excepted
in Schedule B.
22.Your existing improvements (or a replacement or modification made to them after the Policy Date), induding lawns, shrubbery or trees, are damaged because
of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights
are excepted or reserved from the description af the Land or excepted in Schedule B.
23.Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Trt:le which is based upon race, color, religion, sex,
handicap, familial status, or national origin.
24.A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of
construction or a change of ownership or use that occurred before the Policy Date.
25.Your neighbor builds any structures after the Policy Date -other than boundary walls or fences -which encroach onto the Land.
26.Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it.
27.A dorument upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded.
28.The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
29.The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from
coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not
based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under paragraph 4 of the
Conditions.
This Policy is not complete without Schedules A and B.
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
!.Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a.building b.zoning c.land use
d.improvements on the Land e.land dMsion f.environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy
Date.
This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3.The right to take the Land by condemning it, unless:
a.a notice of exercising the right appears in the Public Records at the Policy Date; or
b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4.Risks:
a.that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b.that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c.that result in no loss to You; or
ct.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5.Failure to pay value for Your Trt:le.
6.Lack of a right:
a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b.in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
CONDmONS
1.DEFINmONS:
a.Easement -the right of someone else to use the Land for a special purpose.
b.Known -things about which You have actual knowledge. The words "Know" and "Knowing" have the same meaning as Known.
c.Land -the Land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property.
ct.Mortgage -a mortgage, deed of trust, trust deed or other security instrument
e.Natural Person -a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even it the trustee is not a
human being.
f. Policy Date -the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by an instrument
recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the instrument is recorded.
g.Public Records -records that give constructive notice of matters affecting Your Trtle, according to the state statutes where the Land is located.
h.Title -the ownership of Your interest in the Land, as shown in Schedule A.
i.Trust -a living trust established by a human being for estate planning.
j.We/Our/Us -First American Trtle Insurance Company.
k.You/Your -the insured named in Schedule A and also those identified in paragraph 2.b. of these Conditions.
2.CONTINUATION OF COVERAGE:
a.This Policy Insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else.
b.This Policy also insures:
Rrst American Title
Form No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy of Title Insurance (6/2/98)
ALTA Homeowners Policy ofTrt:le Insurance (10/17/98)
(1) anyone who inherits Your lltle because of Your death;
(2) Your spouse who receives Your Trtle because of dissolution of Your marriage;
(3) the trustee or successor trustee of a Trust to whom You transfer Your Tit:le after the Policy Date; or
(4) the beneficiaries of Your Trust upon Your death.
Order Number:
Page Number:
DIV·-636085
5
c.We may assert against the insureds identified in paragraph 2.b. any rights and defenses that We have against any previous insured under this Policy.
3.HOW TO MAKE A CLAIM:
a.Prompt Notice Of Your Claim
(1) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing.
(2) Send Your notice to First American Trt:le Insurance Company, 2 First American Way, Bldg 2, Santa Ana, California, 92707, Attention: Claims Department.
Please include
the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy, if available.
(3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or
defend You.
b.Proof Of Your Loss
(1) We may require You to give Us a written statement signed by You describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount of Your loss.
(2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may
make
copies of these papers
(3) We may require You to answer questions about Your claim under oath.
(4) If You fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will
be
reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM:
a.After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following:
(1) Pay the claim.
(2) Negotiate a settlement.
(3) Bring or defend a legal action related to the claim.
( 4) Pay You the amount required by this Policy.
(5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and those costs, attorneys' fees and
expenses incurred up
to that time which We are obligated to pay.
(6) End the coverage described in Covered Risk 14, 15, 16 or 18 by paying You the amount of Your insurance then in force for the particular Covered Risk, and
those costs,
attorneys' fees and expenses incurred up to that time which We are obligated to pay.
(7) End all coverage of this Policy by paying You the Policy Amount then in force and all those costs, attorneys' fees and expenses incurred up to that time
which
We are obligated to pay.
(8) Take other appropriate action.
b.When We choose the options in paragraphs 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend,
any legal action.
c.Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up any rights.
5.HANDLING A CLAIM OR LEGAL ACTION
a.You must cooperate with Us in handling any claim or legal action and give Us all relevant information.
b.If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the
claim or defend You.
c.We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance.
d.We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not
have to pay Your claim until the legal action is finally decided.
e.Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By doing so, We do not
give up any rights.
6.LIMITATION OF OUR LIABILITY
a.After subtracting Your Deductible Amount if it applies, We will pay no more than the least of:
(1) Your actual loss,
(2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under Covered Risk 14, 15, 16 or 18, or
(3) the Policy Amount then in force, and any costs, attorneys' fees and expenses which We are obligated to pay under this Policy.
b. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the claim end, including any obligation for
loss
You had while We were removing the cause of the claim.
(2) Regardless of 6.b. (1) above, it You cannot use the Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the earlier of:
(1) the cause of the claim is removed; or
(2) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 14, 15, 16 or 18, that payment Is the amount of
Your insurance then in force for the particular Covered Risk.
Rrst American Title
Fonn No. 1490 EAGLE (6/98)
CLTA Homeowners Policy ofTrt:le Insurance (6/2/98)
ALTA Homeowners Policy ofTrt:le Insurance (10/17/98)
Order Number: DIV--636085
Page Number: 6
(b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that
personal
property for up to twenty-five (25) miles from the Land, and repair of any damage to that personal property because of the relocation. The amount We
will pay
You under this paragraph is limited to the value of the personal property before You relocate it.
c.AII payments We make under this Policy reduce the Policy Amount, except for costs, attorneys' fees and expenses. All payments we make for claims which are
covered only under Covered Risk 14,15,16 or 18 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees
and expenses.
d.If We issue, or have issued, a policy to the owner of a Mortgage on Your 1itle and We have not given You any coverage against the Mortgage, then:
(1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage to reduce the amount of the Mortgage, and any amount
paid shall be treated as a payment to You under this Policy, including under paragraph 4.a. of these Conditions;
(2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount of this Policy; and
(3) If Your claim is covered only under Covered Risk 14,15,16 or 18, any amount paid to the owner of the Mortgage shall also be subtracted from Our
Maximum Dollar Limit •
of Liability for the particular Covered Risk.
e.If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the
value of that right.
7,TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights You have against any person or property related to the claim. You must transfer these rights to Us when We
ask, and You must not do anything to affect these rights. You must let Us use Your name in enforcing these rights.
b. We will not be liable to You if We do not pursue these rights or if We do not recover any amount that might be recoverable.
c. We will pay any money We collect from enforcing these rights in the following order
(1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights;
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of Your claim; and
( 4) to You whatever Is left.
d.If You have rights under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to recover all or part of Your loss, then We have all of
those rights, even if those contracts provide that those obligated have all of Your rights under this Policy.
8.ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract between You and Us. To detennine the meaning of any part of this Policy, You must read the entire
Policy. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us must be made under this Policy and is subject to its tenns.
9.INCREASED POLICY AMOUNT
The Policy Amount will increase by ten percent (10%) of the Policy Amount shown in Schedule A each year for the first five years following the policy date shown
in Schedule A, up to one hundred fifty percent (150%) of the Policy Amount shown in Schedule A. The increase each year will happen on the anniversary of the
policy date shown in Schedule A.
10.SEVERABILITY
If any part of this Policy is held to be legally unenforceable, both You and We can still enforce the rest of this Policy.
11.ARBITRATION
a.If pennitted in the state where the Land is located You or We may demand arbitration.
b.The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us.
c.The arbitration award may be entered as a judgment in the proper court.
d.The arbitration shall be under the Trt:le Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or Rules in existence
on the Policy Date.
e.The law used in the arbitration is the law of the place where the Land is located.
f. You can get a copy of the Rules from Us.
First American Title Insurance Company
:!Ji:/_ ~ll./2,1,,C,V :::::
First American Title
Form No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy ofTrtle Insurance (6/2/98)
ALTA Homeowners Policy of Title Insurance (10/17/98)
SCHEDULE A
Premium: $1,672.00
Amount of Insurance: $475,000.00
Date of Policy: December 12, 2002 at 4:59 P.M.
Deductible Amounts and Maximum Dollar Limits of Liability
For Covered Risk 14, 15, 16, and 18:
Covered Risk 14
(Subdivision Law Violation):
Covered Risk 15
(Building Permit):
Covered Risk 16
(Zoning):
Covered Risk 18
(Encroachment of Boundary
Walls or Fences):
Your Deductible Amount
1 % of Policy Amount
or
$2,500
(whichever is less)
1 % of Policy Amount
or
$5,000
(whichever is less)
1 % of Policy Amount
or
$5,000
(whichever is less)
1 % of Policy Amount
or
$2,500
(whichever is less)
Street Address of the Land:
Order Number: DIV-·636085
Page Number: 7
Policy Number: DIV--636085
Our Maximum Dollar
Limit of Liability
$10,000
$25,000
$25,000
$5,000
5350 El Arbol Drive, Carlsbad, California
Rrst American Tttle
Fonn No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy ofTrt:le Insurance (6/2/98)
ALTA Homeowner's Policy of Title Insurance (10/17/98)
1. Name of insured:
SCHEDULE A
{Continued)
Order Number: DIV--636085
Page Number: 8
Steve R. Lloyd, a single man and Regan Birney, a single woman as joint tenants
2. Your interest in the land covered by this policy is:
A fee.
3. The land referred to in this policy is described as follows:
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 161 OF TERRAMAR UNIT NO. 5, according to Map thereof No. 3371, FILED in the office of
the County Recorder of San Diego County, State of California on February 10, 1956.
APN: 210-113-03-00
First American Title
Form No. 1490 EAGLE (6/98)
CLTA Homeowners Policy of Title Insurance (6/2/98)
ALTA Homeowners Policy of Title Insurance (10/17/98)
SCHEDULE B
EXCEPTIONS
Order Number: DIV--636085
Page Number: 9
In addition to the exclusions, you are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. General and special taxes and assessments for the fiscal year 2002-2003.
First Installment: $956.20, Paid
Penalty: $95.62
Second Installment: $956.20, OPEN
Penalty: $105.62
Tax Rate Area: 09000
A. P. No.: 210-113-03-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. Covenants, conditions, restrictions and easements in the document recorded March 2, 1956
as book 6000, page 145 of Official Records, 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, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded February 12, 1958 as book 6948, page 511
of Official Records.
4. An easement for aerial and underground communication structures and incidental purposes,
recorded June 21, 1956 as book 6150, page 593 of Official Records.
In Favor of: Pacific Telephone and Telegraph Company
Affects: Within the Northeasterly 5 feet of said land
Arst American Title
Form No. 1490 EAGLE (6/98) Order Number: DIV--636085
CLTA Homeowner's Policy of Title Insurance (6/2/98)
ALTA Homeowner's Policy of Title Insurance (10/17/98)
Page Number: 10
5.
6.
A deed of trust to secure an indebtedness in the original principal amount of
$380,000.00 recorded December 12, 2002 as Document No.2002-1135021 of Official Records.
Dated: December 09, 2002
Trustor: Steve R. Lloyd, a single man and Regan Birney, a single woman
as joint tenants
Trustee: Douglas E. Miles
Beneficiary: Chase Manhattan Mortgage Corp.
A deed of trust to secure an indebtedness in the original principal amount of
$95,000.00 recorded December 12, 2002 as Document No.2002-1135022 of Official Records.
Dated: December 04, 2002
Trustor: Steve R. Lloyd, a single man and Regan Birney, a single woman
as joint tenants
Trustee: Chicago Title Insurance Company
Beneficiary: Wells Fargo Bank, N.A.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
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SPN<£ IN POwt:R POLE.N0..12.C.&S-4 IN FRONT OF' HOUSE N0.5201 EL·AffBOL DRIVE ELEVATION 2 4;3.&53 USC&GS DATUM•
SPIKE IN POWER POLE NO-122 !>48 SOUTH SIDC CANNON ROAD 1so· EAST OF' LOS ROSLCS ELEVAT[ON .,. 56.871 Us.c.&G.S. DATUM
14 SEWER W>.TER ,5. GAS MAINS ARE IN, AS WtLL AS THE SEWER LATERALS WHICH ARE SHOWN IN ,, ' .1' '
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BE PLACED AT A UINIMUM DISTANCE OF FIVE FEET f"ROM FIELD LOCATED SEWER LATERALS.RANCfi(j-":SANTA FE ENGl ~EERING
15. ALL-UTILITitS FOR THIS SUBDIVISION SHALL BE UNDERGROUND PER CITY ORDINANCE'. PO SOX 783 RANCHO SANTA k, CAt:.IFORNIA
NO. 9173 PHONE 7&6-1.f07 .
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