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HomeMy WebLinkAboutCDP 02-45; OCHELTREE RESIDENCE; Coastal Development Permit (CDP)0 CITY OF CARLSBAD 0 LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT Administrative Permit - 2nd USE ONLY) Planned Industrial Permit USE ONLY) Dwelling Unit Administrative Variance Planning Commission Determination Coastal Development Permit jf Precise Development Plan Conditional Use Permit Redevelopment Permit El Condominium Permit Site Development Plan Environmental Impact Special Use Permit Assessment General Plan Amendment Specific Plan Hillside Development Permit Tentative Porccl Map - Obtain from Engineering Department Local Coastal Plan Amendment Tentative Tract Map Master Plan Variance Non-Residential Planned Zone Change Development Planned Development Permit List other applications not specified 2) ASSESSOR PARCEL NO(S).: 207 - 021 -167 - 3) PROJECT NAME: t/-/ELTE E.S/Di'AJ 4) BRIEF DESCRIPTION OF PROJECT: /JLE FA MIL r 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Oc//6. rx ae Mw. MAILING ADDRESS MAILING ADDRESS Zoo AIA r2l fv e il I aw 04yE. CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 17 i. MA tz CA T2f# / 75 4414 i 14 91 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE IN TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND OWLE . CORRECT TO THE BEST OF MY KNOWLEDGE. IGNA R DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION 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. Form 16 bLVDP090 PAGE 1OF2 0 0 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I I SIDE OF /j//LfDE (NORTH, SOUTH, WEST) Diz I (NAME OF STREET) BETWEEN I W/dMN1O AND 10#4 It P It I (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I I I 10) PROPOSED NUMBER OF LOTS 11) '1 NUMBER OF EXISTING RESIDENTIAL UNITS 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE! SQUARE FOOTAGE 15) PROPOSED COMM SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROJECT IN OPEN SPACE PROPOSED INCREASE IN ADT 18) PROPOSED SEWER USAGE IN EDU f I 19) GROSS SITE ACREAGE .J 20) IO('f EXISTING GENERAL PLAN 21) I PROPOSED GENERAL PLAN DESIGNATION 22) EXISTING ZONING p f 23) PROPOSED ZONING i 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS W E R ND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT HSPURPOSE SIGN* FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED I- C0i 032002 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID Iio- - o. I RECEIPT NO. I Form 16 PAGE 2OF2 O . It 6 • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS This supplemental application, is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). New Residential Square Footage: '3, C.4 square feet $78.00/sq. ft. = $ '0I, Residential Addition Square Footage: square feet x $94.00/sq. ft. = $__________________ Any Garage Square Footage: square feet x $22.00/sq. ft. = $_i,, 44200 Residential Conversion Square Footage: square feet x $26.00/sq. ft. = => For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: square feet x$ Isq.ft. = $_______________ COST OF DEVELOPMENT ESTIMATE: $ '3'I 4, 5 '4. Op B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) 1/ C. Street address of proposed development D. Assessors Parcel Number of proposed development 207-022-10 E. Development Description: Briefly describe project:. 51I46)L 1AMLy IDWELL) lJ, 5 SED /_ 5 ATh IQ0t&,, 2 CAM F. Describe the present land uses (i.e. Vacant Land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: fJ($ Pfr.Jv\jL'( OUJLLINC, South: \JAC At-4r LAKI In East: IP4(t..E FAMILY DWLJ_I i4 West: 51N6 L.E rNv\LLY DW M L1..JI G. Is project located within a 100 year flood plain? EYes No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? LIJ Yes 1 No If yes, please describe. B. Will any existing structure be removed/demolished? E] Yes X No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage 0 sq. ft. A295 sq. ft. 12,CLOL sq. ft. Landscaped Area 0 sq. ft. 5j29asq. ft. ft. Hardscape Area p q.- ft. I'71 1 sq. ft. I 711 sq. ft. Unimproved Area (Left Natural) 0 sq.ft. 0 sq.ft. 0 sq.ft. 4 1A4 Pu1R 2 of 8 B. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required 2. Number of covered spaces Number of uncovered spaces I Number of standard spaces 2 Number of compact spaces I Is tandem parking existing? F] Yes #____ Pun No Is tandem parking proposed? Yes #____ No C. Grade Alteration: Is any grading proposed? XYes M No If yes, please complete the following: 1. Amount of cut 44 cu. yds. 2. Amount of fill 5i2 9 Cu. yds. 3. Maximum height of fill slope 15 4. Maximum height of cut slope '2 feet 5. Amounto€r export 525 cu. yds. 6. Location of borrow or disposal site UN KNoc,Je4 I City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: OCHELTREE PAUL Description Amount CDPO2 045 14.43 7612 06/16/ 0002 01 02 COp 14.43 Receipt Number: R0035187 Transaction Date: 06/16/2003 Pay Type Method Description Amount Payment Check 0521 14.43 Transaction Amount: 14.43 n . City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: OCHELTREE PAUL Description Amount CDP02 045 39.22 3031 04/17/83 0002 01 02 COP 3922 Receipt Number: R0033943 Transaction Date: 04/17/2003 Pay Type Method Description Amount Payment Check 3115 39.22 Transaction Amount: 39.22 I City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: OCHELTREE PAUL Description CDP02045 Amount 7973 10/03/02 0082 01 02 815.00 COP 8l500 Receipt Number: R0030053 Transaction Date: 10/03/2002 Pay Type Method Description Amount Payment Check 506 815.00 Transaction Amount: 81500 . 6 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: OCHELTREE, PAUL C. Description Amount PR E 02035 130.00 0863 0wv9,2 FQi. 130 00 Receipt Number: R0028316 Transaction Date: 07/09/2002 Pay Type Method Description Amount Payment Check 0503 130.00 Transaction Amount: 130.00 0rçCA4. 10 City of Carlsbad C, V IF Planning Department 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 MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 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, 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.) Title OU ,i E./AI'LLAMr Title______________________ Address ZCO MAIL INE VV AVE Address_____________________ OF. L/M(,CA 9.10 J+ 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 maybe attached if necessary.) Person rAUL 4 MARILY'P'J O.WL1gCorp/Part Title ipJ(L Title________________________ Address WO MARS ,.J E_VIC)AVE Address____________________ CA 43 ,2o4 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 3. NON-PROFIT ORWIZATION 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 Nj/A Non Profit/Trust sJ /A Title Title________________________________________ Address Address________________________________ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes jnj No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certi 1 the above information is true and correct to the best of my knowledge. Signa e o owner/date Signature of applicant/date PAUL C.. ct46Lr(LE 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\DISCLOSURE STATEMENT 5/98 Page 2 of 2 . . RECORDING REQUESTED BY: CommonaIth Land Title Company AND WHEN RECORDED MAIL TO: Mr. and Mrs. Paul C. Ocheltree 200 -Marine View Avenue Del Mar, CA 92014 Title Order Na.: 1058490.5 Escrow No.; 017914-RK GRANT THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX Is $7700 [XI computed on full value of property conveyed, or [1 compUted on full value less value of liens or encumbrances remaining at time of sale. [j Unincorporated area [XJ City of Carlsbad AND FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Marie S. Racciatti, Trustee under Declaration of Trust dated December17, 1992 hereby GRANT(S) to: Paul C. Ocheltree and Marilyn A. Ocheltree, Husband and We as Joint Tenants p the real property in the City of Carlsbad, County of San Diego, State of California, described as: That certain portion of Lots 18 and 19 In Stock "G of Bellavista in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, tiled in the Office of the County Recorder of San Diego County, March 7, 1929; and as more particularly described on the attached legal description, marked Exhibit WAI which by reference hereto is incorporated herein. Also Known as: APN #207-022-10-00 (Hillside Drive), Carlsbad, CA 92008 AP# 207-022-10.00 On Before July 23, 2002 OF CAL1FOR Y,OF_!)*TIo salty appeared Decla atlon of Trust dated December 17, 1992 BY: I Mane S. Racciatti, Trustee 4 00~07 L,ereo ,aiiy knosn to me- (w proved to me on the basis of alisfactory evidence) to be the persona) whose name Iiiji subscrtbeo the within instrument and acknowledged we that )*tey executed the ie in hls/herftheir authorized capadty(i, and that by b J'Mir signature on the instrument the persc44 or the entity tqrnn behalf of which the personacted, executed the Insumert. WITNESS my hand and official seal. I,cumiui#1a51fl I PWft 4 M I7 On,,.CoInIy L 'W I— toAeRiEtAI' (This area for official notarial seal) MAIL TO PARTY StiOWN BELOW: IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE; File No: 01088490 Exhibit "A" All that certain real property situated in the County of San Diego, State of California; described as follows That certain portion of Lots 18and 19 in Block 'G"-of Bellavista in the City of • Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the O1fice of the County Recorder of San Diego County' 7;. 1929, described as follows: - • • : • • : Beginning at a point on the Northwesterly line of said Lot 19 said point being also the Southwesterly corner of Lot 15 In said. Block G" of said Beflavista; thence: • along the Southeasterly prolongation of the Sojthwesterly line of said Lot 15, -. - South 24° 58'50" East, 52.32 feet; -thence South 6610' 55" West, 180.72 feet - - to a point on the Easterly line of Hillside Drive as said' Hillside Drive is shown on said Map No.. 2152; thence along said- Easterly line'-North 400 20' West, 76.14 feet-to a point on the Easterly prolongation of the Northerly, line of the Southerly 5.00 feet of Lot 1 in Block EW of said Bellavista; thence along said Easterly prolongation. North 760 30' 16" East, 170.69 feet to -a point on the Northwesterly - - ..line of said Lot 19 in said Block 'G"; thence along said Northwesterly line. North' - - .- - • - - 490 40' East, 34.81 feet to the -point of beg1nning -: .•. • - - . -- . - • - Assessor's Parcel Number: 207-022-10 - -. . -. - - . • - . -. -: • CITA Preliminary Report Form (Rev 1/1/95) - - • : • • • - • .- : Page - . : - • : - -: 02 -- g2i •° e '•'• . . S •4SZf" : cS" / ts 013 ' 4 3 207- r)o ii ..... 2 ° POR POR LOTI all I0 ,.p pw 4 4' C •' ' I I 0 t'ø' C' 4.) N I o.ss .' SUI)R t I 4 0• pi3'1' •4.j t 60 _/ t - C AC. '•e • - ' ' 23 \®POR.. BLK I 6 .. !.'- DR POR LOT I i., 4) AR. /2.67 , ç I, ' P,.A 17 it 22 r# , -, Ds 7 19 , PAR. All 0 b 76 ACC 8 . I? 26 ,4 1/3 5 .4 _ 4/ 1.45 PAR. 3 " 7, ,, ... M.?4 1//b LOT 20 PL T 6 \.. e .1 •I , ..' .400 * 03 6 • 15 0 4 . ' •l•5. - — — 4 - - !D-a PAR I (j)10 0 " r ' PM. I 0 14 ' 0 ,. 0 PAR.0 * CJ PAR.0 PAR.8 . 5 8 . io PAP.2 . 20 BLPc. kb 6 -ca G 69 PAR3 O 3 ' "• '. POR. 14 - PAR. ,0 18 .00A = 2 PAR I lamb 44( 0 0 0*2 AC j , 0.59 AC. ' .. .4. u_z 0 • . I. OPEN SPACE 548K •g 17 , £41 4? Of't 4.21 AC, '1• 5(T..' $ • LMAY fl WApCSUONI5 NOU Q. V) Lai PAR a DO Ifni N COMPLY VMH LOCAL 544044404034410100044 4 le "S U. 0< 0 MAP 11086 — CARLSBAD TCT NO 82-1 ; MAP 10890 — CARLSBAD TCT NO 80-14 c MAP 7737 — CARLSBAD TCT 72-15 I MAP 6242 — PARK MANOR UNIT NO 1 !c) W cc oc MAP 5054 — HOLIDAY MANOR — POR GHLAND DR MAP 2152 — BELLAVISTA 0' Z 0 0 — — 35'4530RS MAP 823 — RANCHO ACUA HEDIONDA Cl) 0V) s zo; P402 —14.) lJ < = U.) 0 I- ......., .. . . 1455 Frazee Road Suite 600 San Diego, CA 92108 Phone: (619) 6862153 Commonwealth A LANnAMERICAcOMI'ANY Escrow Transfers 2928 Jefferson Street Carlsbad, CA 92008 Attn: Ronee N Kozlowski Your Reference No: Racciatti Property Address: Vacant Land, California Our File No: 01088490 - 503-CC Title Officer: Candy Church 1455 Frazee Road, Suite 600 San Diego, California 92108 (CandyChurch@Landam.com ) Phone: (619) 686-2153 Fax: (619) 291-7623 PRELIMINARY REPORT Dated as of May 24, 2002 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form (Rev 1/1/95) Page 1 . . File No: 01088490 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Joint Policy The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Marie S. Racciatti, Trustee under Declaration of Trust dated December 17, 1992 The land referred to herein is situated in the County of Sn Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/1/95) Page 2 S S File No: 01088490 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That certain portion of Lots 18 and 19 in Block "G" of Bellavista in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, described as follows: Beginning at a point on the Northwesterly line of said Lot 19 said point being also the Southwesterly corner of Lot 15 in said Block "G" of said Bellavista; thence along the Southeasterly prolongation of the Southwesterly line of said Lot 15, South 240 58' 50" East, 52.32 feet; thence South 66 0 10' 55" West, 180.72 feet to a point on the Easterly line of Hillside Drive as said Hillside Drive is shown on said Map No. 2152; thence along said Easterly line North 400 20' West, 76.14 feet to a point on the Easterly prolongation of the Northerly line of the Southerly 5.00 feet of Lot 1 in Block "E" of said Bellavista; thence along said Easterly prolongation North 760 30' 16" East, 170.69 feet to a point on the Northwesterly line of said Lot 19 in said Block "G"; thence along said Northwesterly line North 490 40' East, 34.81 feet to the point of beginning. Assessor's Parcel Number: 207-022-10 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 S S • File No: 01088490 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2002 - 2003 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2001 -2002 1st Installment: $69.28 Paid 11/9/01 2nd Installment: $69.28 Paid 11/9/01 Exemption: $0.00 Code Area: 09000 Assessment No.: 207-022-10 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. The recital contained in the owners certificate on the map of said tract, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way or certain highways on said map to overhang the abutting property. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The City of Carlsbad Purpose: Drainage and sewerage Recorded: May 15, 1980 as File No. 80-160984, of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 3. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Record of Survey No. 17189 Recorded November 16, 2001 Requirements: CLTA Preliminary Report Form (Rev.1/1/95) Page 4 . . File No: 01088490 SCHEDULE B - Continued REQ NO. I: The Company will require that it be provided with either (i) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Trust: Racciatti Trust REQ NO.2: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties Marie S. Racciatti REQ NO.3: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties Paul C. Ocheltree CLTA Preliminary Report Form (Rev 1/1/95) Page 5 of 11 . . File No: 01088490 INFORMATIONAL NOTES NOTE NO. 1: PRIVACY NOTICE (15 U.S.C. 6801 AND 16 CFR PART 313): WE COLLECT NONPUBLIC PERSONAL INFORMATION ABOUT YOU FROM INFORMATION YOU PROVIDE ON FORMS AND DOCUMENTS AND FROM OTHER PEOPLE SUCH AS YOUR LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. NOTE NO. 2: SENATE BILL 2319 EFFECTIVE JANUARY 1, 1991, REQUIRES THAT UNLESS WAIVED BY THE CALIFORNIA FRANCHISE TAX BOARD, A BUYER MUST WITHHOLD FROM ANY SELLER WHO IS NOT A CALIFORNIA RESIDENT, A SUM EQUAL TO 3 1/3% OF THE SALES PRICE OF THE PROPERTY CONVEYED. NOTE NO. 3: THE INFORMATION ON THE ATTACHED PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY. THE ACCURACY OF THIS PLAT IS NOT GUARANTEED, NOR IS IT A PART OF ANY POLICY, REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED. NOTE NO. 4:CALIFORNIA INSURANCE CODE SECTION 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES. THE LAW REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW ACCOUNT AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S CHECK OR TELLER'S CHECK DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED ON THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER METHODS, RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL ESCROW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH SUCH FINANCIAL INSTITUTION, AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF, OR TO PAY TO SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS, ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW WIRING INSTRUCTIONS FOR THIS OFFICE ARE: UNION BANK 530 "B" STREET SAN DIEGO, CALIFORNIA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 9100899563 RE: 01088490 Form 2210-11 (6/2/98) Page 6 . . File No: 01088490 PLEASE INDICATE COMMONWEALTH ESCROW OR TITLE ORDER NUMBER Page 7 . J.t,xlnllflt B (Rev. 6/2/9) 10 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage o(tlsis policy and the Company will not pay toss or damage, costs, attorneys' fees or expenses which arise by reason of I (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning taws, ordinances, orrcgulations) 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 lawn, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance reSoltin 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 notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land hat 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 he 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 tire public records at Date of Policy, but known 10 the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale 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 for the estate or interest insured by this policy. 4 Unenforceability of the lien of the insured mortgage because ofthe 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 the applicable doing business laws of the state in which the land is situated. S 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, stole insolvency or similar creditors' tights laws. EXCEPTIONS FROM COVERAGE— SCHEDULE B, PART I 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 I. 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 olsuch 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 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. il 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) Unpateuted 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. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from I. 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 C. land division 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, Il or 24. 2 The failure of Your existing utructureu, or any part of them, to he 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. S The right to take the Land by condemning it, unless: a. a notice ofcxercising 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 Lond without knowing of the taking I 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 d. that first occur after the Policy Date —thin does not limit the coverage described in Covered Risk 7, Sd, 22.23,24 or 25. S Failure to pay value for Your Title i Lack of a right: a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. is streets, alleys, or waterways that touch the land. This Exclusion does not limit the coverage described in Covered Risk II or 18. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS n addition to the Exceptions in Schedule B, you are not insured against loss, coos, attorneys' fees, and expenses resulting from Governmental police 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 • Improvements on the land • Laud division • Environmental protection This exclusion does not apply to violations or the enforcement of these matters Which appear is the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Rinks. The right to take the land by condemniitg 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 Title Risks: • That are 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 is 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 B of Covered Title Risks Failure to pay value for your title. Lack of a right: • To any land outside the area specifically described and referred 10 in Item 3 of Schedule A OR • In streets, alleys, or waterways that touch your land This exclusion does not limit the accesu coverage in Item 5 of Covered Title Risks orm 2210-11 (6/2/98) Paae 8 . . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA 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, attorney's fees or expenses which arise by mason of I. (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 (t) 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 pats, 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 lions 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 deface, lien or encumbrance resulting from a violation or alleged violation effecting 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 he 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 loan 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 ttie insured mortgage. 4. Unenforceability ofthe lien of the insured mortgage became of the inability or fail ore of the insured at Date of Policy, or the inability or failure ofany subsequent owncrdftlie indebtedness, to comply wills applicable doing business laws of the state in which the land is situated. 5. Invalidity or unentbrceability 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 troth in lending law. - 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work 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, that is bared on: (r) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitabmt subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a pm (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or ajndgment or lien creditor. 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 I. 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 orby 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 pubic records. 2. Any facts, rights, interests or claim 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. S. (a) tjnpatented 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 (1047-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of thin policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of I. (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 (a) the occupancy. use or enjoyment of the land; (ii) the character, dimensions or locution of any improvement now or hereafter erected on the land; (lit) a separation in ownership era 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 violating affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy 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 flum 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, 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 lathe insured the estate or interest insured by the policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is bused on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) ofsuch recordation to impart notice to a purchaser for value or ajudgment or lien creditor. 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 t. 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 pubic records. 2. Any facts, rights, interests or claim 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) Unpatentesi 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 0 20702 14 Ju1 2 POR LOT POP N 2 32 ,çc3•'25 I . 10 3g 'iyg5 - ' :18 E 6 ;'-'' • ' ?,.iJ't ' 120 • CIRC 1 .( % 055 * SUN RI S £ 1js.' #, / AC 17 1 4 14 W. 10 flc7I @23 EPOR BL H / IC DR .,07 39 ' POP LOT I 9 N 17 72 41/0 b 01 r -• -cçEs 'O ,BL K H h #3f 3l2O @) €) 21 4(A 15(-j1' C N 21 to to 314z— 47 pist i4 70 p ' N - ' PL w r. 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' •3 cb? ° 4r5 ?'O; I' ' .- 8* °ccv Ib ,(, v CV MAP 11086 — CARLSBAD TCT NO 82-19 c,fl •4 ) MAP 10890 — CARLSBAD TCT NO 80-14 MAP 7737 — CARLSBAD TCT 72-15 0 c MAP 6242 — PARK MANOR UNIT NO 1 c: MAP 5054 — HOLIDAY MANOR — POR N tt€(C COUNTY SSSOR S MAP MAP 2152 — BELLAVISTA 3K 207 PG 02 MAP 823 — RANCHO AGUA HEDIONDA Fik View A1trUue Info 4otadb tart1 Ii ] PERMITS J MetroSca r46ve1I,,. fjcdpO24S Ocity of C j jSnagIt132 f S 04 PM Parcel: 12( Status: Date:] 0 Lm Info I'Screei -022-10-00 Location: liVE OWNER I L I TR - ParceNumber: i?07-02?-10-OQ Pdtef]jEIt 'Back ParceiAddress: Mp Book No: I, Date Acquired: 11 2/31/1994 Beach Overlay Thns/N) ji1: Bridge/Thrfare: SwrSenArea F— Fire 8upressicn2oiei'/N): J Com/Vis-Sv OL Zone('/N): r: CFDNo.: f Improvement Area: r CFDAnnx Date: Zip Code: j92P08 Park Diet 1i Quadrant: JNW Fire Diet: RedevArea?/N: 1 WaterDist PA LFMZ: JT, Sewer Diet: Coastal Zohe('/N): JT School Diet Census Trct 1178.10 Drainage Dist lB Zoning: JR-i Gen Plan: J1[U 'mdhi®32Bjt ©20111-Acce All Rights Reserved Licensee: a' Of Carlsbad, Ca. :1 ~eriel Number, 6091 Users: 032'[Version: v. 4.6.3 Start J j-List Parce S