HomeMy WebLinkAboutCT 02-06; KIRGIS TENTATIVE MAP; Engineering ApplicationCITY OF CARLSBAD
ENGINEERING DEPARTMENT
Tentative Map Extension Application
Project Number: CARLSBAD TRACT CT-02-06 Project Name:
KIRGIS SUBDIVIDION
Location: SOUTH END Side of TWAIN AVE. Between NIA and N/A ------------
(N/S/E/W) Street Name Street Name Street Name
Brief Description: 5 LOT RESIDENTIAL SUBDIVISION ON A PRIVATE STREET AND LOT WITH16.5 ACS OF OPEN SPACE
R " R st ENORMOUS HURDLES, ENVIROMENTAL ISSUES,DEATH OF PROJECT MANAGER, RECOVERY KIDNEY eason ,or eque :
TRANSPLANT OF PROJECT ENGINEER, DROP IN MARKET
APPUCANT OWNER
Name: PERGOLA NEVADA, LLC Name: PERGOLA NEVADA, LLC
Street Address:
City, State, Zip:
Phone Number:
Fax Number:
P.O. BOX 1215
CARLSBAD, CA 92008
760-419-0450/760-480-6062
760-729-6146/760-494-1128
.com/mail@shamrock.us.com
Date
Current Map Expiration Date: March 2, 2008 Facility Zone:
Street Address:
City, State, Zip:
Phone Number:
Fax Number:
8
Subdivision Type: Residential Number of Lots: 7
Date Assigned:
Land Use Engineer:
Project Planner:
H:/DEVELOPMENT SERVICES/MASTERS/Applications-Counter/Tentative Map Extension Application
P.O. BOX 1215
CARLSBAD, CA 92008
760-419-0450/760-480-6062
760-729-6146/760-494-1128
o.com/mail@shamrock.us.com
Date
APN: 212-010-03 Acreage:
21.9
Number of D/U's:
RECEIVED
FEB 28 2008
ENGINEERING
DEPARTMENT
DATE STAMP RECEIVED
5
Revised 1/14/02
•
Project Number: CARLSBAD TRACT CT-02-06
Location: SOUTH END Side of TWAIN AVE,
StreetName
Between
•
N/A and N/A ------
stteet1iame
Brief Description: 5 LOT RESIDENTIAL SUBDMSION ON A PRIVATE STREET AND LOT WITH
16.5 ACS OF OPEN SPACE
Reason for Request: PROJECT HAS OVERCOME ENORMOUS HURDLES, ENVIRONMENTAL ISSUES,
PERSONAL DEATH OF PROJECT MANAGER, KIDNEY FAILURE AND KIDNEY TRANSPLANT OF
PROJECT ENGINEER. AND WE STILL HAVE COMPLETED TWO PLAN CHECKS AND
CORRECTIONS, HOWEVER WE STILL NEED ANOTHER MAXIMUN 3 MONTH FOR APPROVAL
Name:
APPLICANT
PERGOLA NEVADA, LLC
Street Address: P.O. BOX 1215
City, State, Zip: CARLSBAD, CA 92008
Phone Number: 760-419-0450/760-480-6062
Fax Number: 760-729-6146/760-735-9459
Current Map Expiration Date: 3-2-06
Subdivision Type: Residential
PERGOLA NEVADA, LLC Name: _..._-.....,..._......_-_______ _
Street Address: P.O. BOX 1215
CARLSBAD, CA 92008 City, State, Zip:
h b 760-419-0450 I 760-480-6062 Pone Num er: _ _ -
F N b 760-729-6146) 760-735-9459 ax um er:
. 212-010-03
Number of Lots: 7 Number'of D/U's:
5
H:lDEVELOPMENT SERVlCES/MASTERS/Applications-CounlerlTentalive Map Extension Application Revised 1114102
, ..... . ' ~ .,; "', .".<,,'" '. -". ,',""",, N' "',1:5';" , ..• ".""'.,,-'.:,.,:,.':' .. '.-.. , ..... 'c" .':, ...... ' ',". C· CARLSBAD'':'£~GINEERI GiD ·PAR NT·; .... : '.0 •. '. '" · .. t·,,;' . , . . . .' , '. . .: .::,: :"~~!f:~~~p~~!; .. ~.;:._:.:~i;~:~~":; ~:·;£·~;:·!',:L.; :,:,;.~:~}~: : .. ,. " ·:JC~I· .. ~,~/:£:~:"t{::·:·:;~~<:~.
. .. , . ENGINEWNG'PUN'~.,..".. ", ",,, ...... ,",".' "
' •• 0 • , ~ .' :.: '.~ .'-t. ~".,": :;'·~"':~~7 .. -'· ~~f, ..... :;.\.~~... "t .• :'~. ).'. ( ...... ~;*;-~::\.:.~;'~:_!~-:~.~: .. .' ~~:./:-:~ .. ~. ;". ;'~:" ,.~",
'," Com Jete all aro riate inform;ltiQn~~ WtitifN. '. ''ei:iri:iotcl . 'icable~; ... ;..;:' .. :::::-: ..... ~I; :.;>?-,,:.:: .. P _ , . P,P ~. , .. __ '",~,_ " .. ~ ... '" . _.,_,'~_ .. ~_"4~~""'~,'_;' ,.P.lt,. _"'_.·,~_.·.V," ' .. ' , .,
PROJECT NAME: or otz. .. O€l DATE:'
PROJECT DESCRIPTION: /:1fCtjlS cPA
PROJECT ADDRESS: 'tWAt jJ Alit.
LOT NO(S).: MAP NO.: APN(S).: Ol(~ -(2(6"03
NUMBER OF LOTS: NUMBER OF.ACRES:
OWNER: COltf1At PAC/Pre Del!. Lt( APPLICANT: P'(l/trf C" r2f:riArJ
Mailing Address: 3i IJEltcol'J 134Y Mailing Address: ;gll ft;(jC DPj2II'fqS /Zl>,
.(/f~. PbR-T f)lfltCl/, (7A 92Jo(}f Sit pi f./lAf.{JJS r elf cl2.b(01
Phone Number: ~i.(9 -2?J5 ... 4(t;p Phone Number: 7&0 ,. CJ!O --60{' 2
Fax Number: 9£f9-fe73-87/{cf Fax Number: 1fJ;O -7?5-!)lf~.l
E-Mail: d erGlitlO1 @eo.rHt\IV\ }l."ne-t E-Mail: fYItU I @slivmrock. US <' !.
I certify that I am the legal owner and that all the above
Information Is true and correct to the best of my knowledge.
Signature: Date: Signature: Date:
CIVIL ENGINEER: 8f2/AN C. Rl:'uAN SOILS ENGINEER:
FIRM: SH/tfVl!<{)c/(. /:#11. PfJ. ~ IJEVfio PMENT FIRM: CH12IS1tItN vJrltE-WI( .r=NaJfJeEI2IN~
)
Mailing Address: /8'/1 ROCK <;; FIZI!Va.s R.j), Mailing Address: 4Q'JJj M f,eCVRl s[f?Eer
JAN MAKCDS, cA q~(PCf fAN DIE40(CA q1)..l/ f
(7ft;O)
,
Phone Number: '-fro -(P062 Phone Number: (f)5'g) '-fCI {; -q 760
Fax Number: (760 ) "136-1t/5q Fax Number: (g68) 49(i;-Cf75t
E-Mail: (!2ai I@ shamrock, U~~C6vYl E-Mail:
State Registration Number: RCE 350Lf3 State Registration Number:
ADDmONAL COMMENTS:
,
:
IMPROVEMENTVALUAllON '.
1. What water district i~ the proposed project located in? (check one)
DCarlsbad Municipal Water District DOlivenhain : DValledtos
2. If in the Carlsbad Municipal Water District, what is the total cost estimate, induding the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad MUnicipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? $
GRADING QUANnTIES
cut Cf fill cy remedial Cf import cy export . Cf
.. i .... "'" -,-cnwF.rADJCIUn-iIUN£. 'lfE{ff/::!;\ :. ':':-." ... -';;<. , .. \.'>;.' "" .-< .. . . ~N~-!~ft~;;;~~', . ;'>",:'.: .·":,+'~'~';f;~
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~ .~.'C --:' -;c. -FORCITY'USE~ .-.< .. -.... ~< ... _> :)f :;:','.' :
APPUCAUON FOR PROlEcr 'nD ""'-;;':'~FEES' _ II>:» -.' .'.'
~ . ,
.'.
( ./ all that apply) -1.0. NUMBER . . -..... c·· . ,c' . . , :.: :, ~ -.
U Adjustment Plat (ADJ)
·0 Certificate of Compliance (CE)
0 Oedication of Easement (PR)
Type:
Type:
Type:
0 §.IWIQ\,;IIIIICIiI. Permit (PR)
[1' ~al Map (FM) CT6)-ab ~f>~tCb ,S770~
[J7' Grading Plancheck (OWG) CfiOJ -0 c:, o/J-9-tA VlJ1/..5e-
G('Improvement Plancheck (OWG) IW)-flb l(~-~ ~yy~
0 Parcel Map (PM)
0 Quitclaim of Easement (PR)
Type:
Type:
Type:
0 Reversion to Acreage (RA)
0 Street Vacation (SlV)
0 Tentative Parcel Map (MS)
0 Certificate of Correction
(CCOR)
0 Covenant of Easement (PR)
0 Substantial Conformance
Exhibit (SCE)
0 Other
. APPUCAUON ACCEPTED BY: . .
.. '
i
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e e
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
SUBDIVISION GUARANTEE
Dated: June 8, 2011 at 7:30 am
RECEIVED
AUG .1 2011
LAND DEVELOPMENT
ENGINEERING
Order No.: 9300'15580-U50
Fee: $ 750.00
Subdivision Map of:
Mapno.: tic
Consisting of7 Sheet(s)
Issued for the benefit and protection of the County of San Diego and any City within which said
subdivision is located.
After an examination of the Public Records which, under the recording laws, impart constructive notice of
matters affecting the title to the land hereinafter described,
CHICAGO TITLE INSURANCE COMPANY
a Missouri corporation
hereby guarantees, for the benefit of said county and city, in a sum not to exc;eed $1,000.00, that as shown
by said records the only parties having any record title interest in said land, and whose signatures are or
may be required, under the requirements of the Subdivision Map Act of said land and offering for
dedication any streets roads, avenues and other easements offered for dedic:ation by said Subdivision Map
are as set forth in Schedule A. ... t < ;1
Issuing Office:
2365 Northside Drive, Suite 500
San Diego, CA 92108
Countersigned by:
f!Jonv Jiokt --------------------
Tom Votel
Senior Title Officer
Subdivision Guarantee Form
Page 1
CmCAGO TITLE INSURANCE COMPANY
President
~/.p-
Secretary
• e Order No.: 930015580-U50
SCHEDULE A
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED EXlllBIT A
The parties hereinbefore referred to are:
OWNERS:
Brian K. Hynek and Gay1 B. Hynek, Trustees ofthe Hynek Living Trust
TRUST DEED HOLDERS:
Brain and Gay1 Hynek, beneficiaries under Deed of Trust recorded January 14, 2004 as File No.
2004-0028115, Official Records
EASEMENT HOLDERS:
1. The signatures of the Title Insurance and Trust Company, et aI, easement holders by deed recorded
March 26, 1964 as Instrument No. 55458, Official Records, may be omitted if the names and the
nature of their interest are stated on the Map and if not required by the governing body in
accordance with Section 66436, (a)3A(I-vm) of the Subdivision Map Act, as their interest cannot
ripen into a fee.
2. The signature of Agraria Investment Corporation, et aI, easement holders by deed recorded October
18, 1965 as Instrument No. 189244, Official Records, may be omitted if the names and the nature
of their interest are stated on the Map and if not required by the governing body in accordance with
Section 66436, (a)3A(I-VID) of the Subdivision Map Act, as their interest cannot ripen into a fee.
END OF SCHEDULE A
Subdivision Guarantee Fonn
Page 2
e Order No.: 930015580-U50
EXHmITA
PARCEL 1: (APN: 212-010-03)
ALL THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 5 OF SAID LOT "F"; THENCE ALONG THE NORTHERLY LINE OF SAID .
LOT "F" NORTH 87°25'01" WEST 1200 FEET; THENCE AT RIGHT ANGLES SOUTH 2°34'59"
WEST 740 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 87°25'01" EAST
1400 FEET MORE OR LESS TO A POINT IN A STRAIGHT LINE WHICH CONNECTS POINTS 5
AND 14 OF SAID LOT "F"; THENCE NORTHERLY ALONG SAID STRAIGHT LINE TO THE
POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES IN LOTS "F" AND "I" OF
RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF THAT EASEMENT FOR ROAD
PURPOSES, CONVEYED TO HOWARD G. KIRGIS AND WIFE, BY AGREEMENT AND MUTUAL
EASEMENT DEED RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS;
OVER ROAD NO.1, AND PORTIONS OF ROAD NO.3 AND ROAD NO.4, DESCRIBED IN SAID
DOCUMENT AS FOLLOWS:
ROAD NO. 1:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66
FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN TIffl COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE
CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED HARD
SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED "EXHIBIT "A" AND
DESCRIBED APPROXIMATELY AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO
KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, WITH THE NORTHEASTERLY
PROLONGATION OF THE CENTER LINE OF SAID TRAVELED HARD SURFACED ROAD,
BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF
ROAD SURVEY NO. 682; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20
FEET, MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD
SURVEY NO. 682, BEING POINT "A" AS SHOWN ON EXHIBIT "A" ATTACHED, AND BEING
THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE
SOUTHWESTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD, 740 FEET TO
POINT "B" AS SHOWN ON SAID MAP EXHIBIT "A"; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG SAID CENTER LINE OF THE TRAVELED ROAD TO A ROAD JUNCTION
Subdivision Guarantee Fonn
Page 3
EXHffiITA
(continued)
e Order No.: 930015580-U50
AT POINT "C" AS SHOWN ON EXHIBIT "A", BEING AT OR NEAR THE NORTHEAST CORNER
OF THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY,
REGISTERED JUNE 16, 1953 AS DOCUMENT NO. 30674, IN THE OFFICE OF THE COUNTY
REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEING A POINT ON OR NEAR
THE NORTHERLY LINE OF SAID LOT "F".
PORTION ROAD NO.3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50
FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN:THE. COuNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 82~, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE
CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS
SHOWN ON THE ATTACHED MAP, EXHIBIT "A" AND DESCRIBED APPROXIMATELY AS
FOLLOWS:
BEGINNING AT POINT "c" AS SHOWN ON SAID EXHIBIT "A"; THENCE EASTERLY ALONG
THE CENTER LINE OF SAID TRAVELED ROAD BEING APPROXIMATELY ALONG THE
NORTHERLY LINE OF SAID LOT "F"; THENCE SOUTHERLY ALONG SAID CENTER LINE 650
FEET TO POINT "F"; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CENTER
LINE TO A ROAD JUNCTION AT POINT "G" AS SHOWN ON SAID EXHIBIT "A".
PORTION ROAD NO.4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50
FEET WIDE IN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE
OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON
THE ATTACHED MAP EXHIBIT "A", AND DESCRIBED APPROXIMATELY AS FOLLOWS:
BEGINNING AT POINT "G" AS SHOWN ON EXHIBIT "A"; THENCE NORTHEASTERLY AND
NORTHERLY APPROXIMATELY 1450 FEET TO THE SOUTH LINE OF LAND DESCRIBED IN
PARCEL 1 DESCRIBED ABOVE.
PARCEL 3:
THAT EASEMENT AND RIGHT OF WAY FOR A WATER SUPPLY PIPE LINE AND PUBLIC
UTILITIES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, ·IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
CONVEYED TO HOWARD KIRGIS AND WIFE, BY MUTUAL EASEIviENT AGREEMENT
RECORDED OCTOBER 18, 1965 AS FILE NO. 189244 OF OFFICIAL RECORDS, SAID
EASEMENT BEING DESCRIBED IN SAID DEED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH OVER PORTIONS OF SAID LOT "F" AND LOT "I", R. A.
H. DESCRIBED AS FOLLOWS:
THE SOUTHERLY TERMINUS OF SAID 20 FOOT STRIP SHALL BE AT THE SOUTHERLY
BOUNDARY OF THAT 95.33 ACRE PARCEL OF LAND PRESENTLY HELD BY AGRARIA
INVESTMENT CORPORATION SHOWN ON MAP OF RECORD OF SURvEy NO. 5431, FILED IN
Subdivision Guarantee Form
Page 4
EXHIBIT A
(continued)
e Order No.: 930015580-tr50
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY
BOUNDARY OF SAID 20 FOOT STRIP SHALL BE THE EASTERLY LINE OF SAID 95.33 ACRE
PARCEL FOR A DISTANCE OF 1150 FEET NORTHERLY FROM SAID SOUTHERLY TERMINUS
TO THE NORTHERLY LINE OF THAT CERTAIN ROAD EASEMENT SHOWN ON ROAP NO.4
ON A MAP FILED AS AN EXHIBIT WITH A MUTUAL ROAD EASEMENT DEED AGREEMENT,
RECORDED MARCH 26, 1964 AS DOCUMENT NO. 55458, SERIES 5, BOOK 1964 OF· OFFICIAL
RECORDS OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY AND NORTHERLY ALONG
SAID ABOVE DESCRIBED ROAD NO.4, A DISTANCE OF APPROXIMATELY 850 FEET OVER
THE LANDS PRESENTLY HELD BY IRWIN J. KELLY AND TITLE INSURANCE AND TRUST
COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE SOUTHERN BOUNDARY OF THAT 22
ACRE PARCEL DESCRIBED IN DEED FROM IRWIN J. KELLY TO HOWARD G. KIRGIS AND
IDA B. KIRGIS, HUSBAND AND WIFE, RECORDED SEPTEMBER 24, 1957 AT A POINT
APPROXIMATELY 425 FEET EASTERLY FROM JUNCTION OF THE AFOREMENTIONED
EASTERLY LINE OF SAID 95.33 ACRES AGRARIA PROPERTY AND THE SOUTHERLY LINE
OF THE SAID 22 ACRES KIRGIS PARCEL; THENCE NORTHERLY APPROXIMATELY 750 FEET
OVER SAID KIRGIS PROPERTY ALONG PORTIONS OF SAID ABOVE DESCRIBED ROAD NO.4
AND PROPOSED ROAD NO. 6 AS SHOWN ON SAID MAP FILED WITH SAID MUTUAL
EASEMENT DEED AGREEMENT, TO THE NORTHERLY LINE OF LOT "F" AT A POINT
APPROXIMATELY 460 FEET WESTERLY FROM POINT 5 OF LOT "F" R.A.H.; THENCE
NORTHEASTERLY OVER THE LANDS OF ALLAN O. KELLY IN LOT "I" R.A.H., A DISTANCE
OF APPROXIMATELY 800 FEET ALONG A PORTION OF SAID PROPOSED ROAD NO.6 TO A
POINT APPROXIMATELY 650 FEET NORTHERLY FROM POINT 5 OF LOT "Fi' R.A.H. ON THE
WESTERLY BOUNDARY OF LOT "F", THE SAME BEING THE EASTERLY BOUNDARY OF
LOT "I"; THENCE EASTERLY APPROXIMATELY 1550 FEET OVER THE LANDS OF IRWIN J.
KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY,
TO THE NORTHERLY TERMINUS OF THIS EASEMENT AT OR NEAR THE SOUTHERN
TERMINUS OF THE PRESENTLY CONSTRUCTED LINE "D" OF THE CARLSBAD MUNICIPAL
WATER DISTRICT.
EXCEPTING FROM PARCEL 2, THAT PORTION, IF ANY, OR ROAD NOS. 1 AND 3 LYING
WITHIN THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTrucCOMP ANY,
RECORDED JUNE 16, 1953 UNDER TORRENS FILE NO. 30674.
ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 3, IF ANY, LYING WITHIN THE
LANDS ALLOCATED TO BARBARA JEAN HIGDON AND SHOWN AS PARCEL 2 OF THE
LANDS DESCRIBED IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965
UNDER RECORDER'S FILE NO. 52516.
END OF EXHIBIT A
Subdivision Guarantee Fonn
PageS
-d Or erNo.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) "land": the land described, specifically or by reference, in this Guarantee and improvements
affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said
land;
(c) "date": the effective date;
(d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
2. EXCLUSIONS FROM COVERAGE OF TillS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
(a) 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.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
(c) Title to any property beyond the lines of the land expressly described in the descriptic>p set
forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which
said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structur~
od improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters·
(1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in
no loss to the Assured.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 6
Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost, to institute and prosecute any action or
proceeding or do any other act which in its opinion may be necessary or desirable to "establish
or confirm the matters herein guaranteed; and the Company my take any appropriate action
under the terms of this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give the. Company all
reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse
the Assured for any expense so incurred.
4. NOTICE OF LOSS -LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable under
this Guarantee shall be furnished to the Company within sixty days after such toss ot damage shall
have been determined, and no right of action shall accrue to the Assured under this Guarantee until
thirty days after such statement shall have been furnished, and no recovery shalf be had by the
Assured under this Guarantee unless action shall be commenced thereon within two years after
expiration of said thirty day period. Failure to furnish such statement of loss or damage or to
commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Company shall have the option to payor settle or compromise for or in the nalUe of the
Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,
or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the indebtedness secured by said .
mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the event after notice of claim has been given
to the Company by the Assured the Company offers to purchase said .indebtedness, the owner of
such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to
the Company upon.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 7
Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
'6. LIMITATION OF LIABILITY -PAYMENT OF LOSS
(a) The liability of the Company under this Guarantee shall be limited to the amount of actual
loss sustained by the Assured because of reliance upon the assurances herein set forth, but in
no event shall such liability exceed the amount of the liability stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the
Company for the Assured, and all costs and attorney's fees in litigation carried on by 1he
Assured with the written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Comp&llY
after having received notice of an alleged defect, lien or encumbrance not shOwn as an
Exception or excluded herein removes such defect, lien or encumbrance within a reasonable
time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in
settling any claim or suit without written consent of the Company
(d) All payments under this Guarantee, except for attorneys fees as provided for in paragraph
6(b) hereof, shall reduce the amount of the liability herein pro t&nto, and no payment shall be
made without producing this Guarantee for endorsement of such payment unless the
Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been defmitely fixed in accordance with the conditions of this Guarantee,
the loss or damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this GUI:rrantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be
entitled to all rights and remedies which the Assured would have had against any person or property
in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to such rights and remedies in the proportion
which said payments bears to the amount of said loss. The Assured if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in .
order to perfect such right or subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT.
Any action or actions or rights of action the Assured may have or may bring against the Company
arising out of the subject matter hereof must be based on the provisions of this Guarantee. No
provision or condition of this Guarantee can be waived or changed except by a writing endorsed or
attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer ofthe Company.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 8
" tit Order No.: 930015580~U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be addressed to it at the office which issued this Guarantee.
10. The fee specified on the face ofthis Guarantee is the total fee for title search and examination and
for this Guarantee.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 9
e e
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
SUBDIVISION GUARANTEE
Dated: February 10,2011 at 7:30 am
Order No.: 930015580-U50
Fee: $ 750.00
Subdivision Map of:
Mapno.: tic
Consisting of7 Sheet(s)
Issued for the benefit and protection of the County of San Diego and any City within which said
subdivision is located.
After an examination of the Public Records which, under the recording laws, impart constructive notice of
matters affecting the title to the land hereinafter described,
CHICAGO TITLE INSURANCE COMPANY
a Missouri corporation
hereby guarantees, for the benefit of said county and city, in a sum not to exceed $1,000.00, that as shown
by said records the only parties having any record title interest in said land, and whose signatures are or
may be required, under the requirements of the Subdivision Map Act of said land and offering for
dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map
are as set forth in Schedule A.
Issuing Office:
2365 Northside Drive, Suite 500
San Diego, CA 92108
Countersigned by:
30nv Vokt ---------------------
Tom Vote!
Senior Title Officer
Subdivision Guarantee Fonn
Page 1
CmCAGO TITLE INSURANCE COMPANY
~l~'L
President
~c:fi-
Secretary
Order No.: 93001SS80-USO
SCHEDULE A
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED EXHIBIT A
The parties hereinbefore referred to are:
OWNERS:
Brian K. Hynek and Gayl B. Hynek, Trustees of the Hynek Living Trust
TRUST DEED HOLDERS:
Brain and Gayl Hynek, beneficiaries under Deed of Trust recorded January 14, 2004 as File No.
2004-0028115, Official Records
EASEMENT HOLDERS:
1. The signatures of the Title Insurance and Trust Company, et ai, easement holders by deed recorded
March 26, 1964 as Instrument No. 55458, Official Records, may be om.itted if the names and the
nature of their interest are stated on the Map and if not required by the governing body in
accordance with Section 66436, (a)3A(I-VIll) of the Subdivision Map Act, as their interest cannot
ripen into a fee.
2. The signature of Agraria Investment Corporation, et ai, easement holders by deed recorded October
18, 1965 as Instrument No. 189244, Official Records, may be omitted if the names and the nature
of their interest are stated on the Map and if not required by the governing body in accordance with
Section 66436, (a)3A(I-VIll) of the Subdivision Map Act, as their interest cannot ripen into a fee.
END OF SCHEDULE A
Subdivision Guarantee Fonn
Page 2
e Order No.: 930015580-U50
EXHffiITA
PARCEL 1: (APN: 212-010-03)
ALL THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 5 OF SAID LOT "F"; THENCE ALONG THE NORTHERLY LINE OF SAID
LOT "F" NORTH 87°25'01" WEST 1200 FEET; THENCE AT RIGHT ANGLES SOUTH 2°34'59"
WEST 740 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 87°25'01" EAST
1400 FEET MORE OR LESS TO A POINT IN A STRAIGHT LINE WHICH CONNECTS POINTS 5
AND 14 OF SAID LOT "F"; THENCE NORTHERLY ALONG SAID STRAIGHT LINE TO THE
POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES IN LOTS "F" AND "I" OF
RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF THAT EASEMENT FOR ROAD
PURPOSES, CONVEYED TO HOWARD G. KlRGIS AND WIFE, BY AGREEMENT AND MUTUAL
EASEMENT DEED RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS;
OVER ROAD NO.1, AND PORTIONS OF ROAD NO.3 AND ROAD NO.4, DESCRIBED IN SAID
DOCUMENT AS FOLLOWS:
ROAD NO. 1:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66
FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE
CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED HARD
SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED "EXIDBIT "A" AND
DESclUBED APPROXIMATELY AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO
KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, WITH THE NORTHEASTERLY
PROLONGATION OF THE CENTER LINE OF SAID TRAVELED HARD SURFACED. ROAD,
BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF
ROAD SURVEY NO. 682; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20
FEET, MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD
SURVEY NO. 682, BEING POINT "A" AS SHOWN ON EXIDBIT "A" ATTACHED, AND BEING
THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE
SOUTHWESTERLY ALONG THE CENTER LINE OF SAID TRAVELED ROAD, 740 FEET TO
POINT "B" AS SHOWN ON SAID MAP EXIDBIT "A"; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG SAID CENTER LINE OF THE TRAVELED ROAD TO A ROAD JUNCTION
Subdivision Guarantee Fonn
Page 3
EXHmITA
(continued)
Order No.: 930015580-U50
AT POINT "C" AS SHOWN ON EXIDBIT "A", BEING AT OR NEAR THE NORTHEAST CORNER
OF THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECnuC COMPANY,
REGISTERED JUNE 16, 1953 AS DOCUMENT NO. 30674, IN THE OFFICE OF THE COUNTY
REGISTRAR OF LAND fiLES FOR SAN DIEGO COUNTY AND BEING A POINT ON OR NEAR
THE NORTHERLY LINE OF SAID LOT "F".
PORTION ROAD NO.3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOS~S QVER.A,~TRIP OF J;.,AND 50
FEET WIDE IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN 1'HE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FlLED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, THE
CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS
SHOWN ON THE ATTACHED MAP, EXIDBIT "A" AND DESCRIBED APPROXIMATELY AS
FOLLOWS: .
BEGINNING AT POINT "c" AS SHOWN ON SAID EXHIBIT "A"; THENCE EASTERLY ALONG
THE CENTER LINE OF SAID TRAVELED ROAD BEING APPROXIMATELY ALONG tHE
NORTHERLY LINE OF SAID LOT "F"; THENCE SOUTHERLY ALONG SAID CENTER LINE 650
FEET TO POINT "F"; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CENTER
LINE TO A ROAD JUNCTION AT POINT "G" AS SHOWN ON SAID EXHIBIT "A".
PORTION ROAD NO.4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50
FEET WIDE IN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE
OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF A TRAVELED ROAD AS SHOWN ON
THE ATTACHED MAP EXHIBIT "A", AND DESCRIBED APPROXIMATELY AS FOLLOWS:
BEGINNING AT POINT "G" AS SHOWN ON EXIDBIT "A"; THENCE NORTHEASTERLY AND
NORTHERLY APPROXIMATELY 1450 FEET TO THE SOUTH LINE OF LAND DESCRIBED IN
PARCEL 1 DESCRIBED ABOVE.
PARCEL 3:
THAT EASEMENT AND RIGHT OF WAY FOR A WATER SUPPLY PIPE LINE AND PUBLIC
UTILITIES IN LOTS "F" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
CONVEYED TO HOWARD KlRGIS AND WIFE, BY MUTUAL EASEMENT AGREEMENT
RECORDED OCTOBER 18, 1965 AS FILE NO. 189244 OF OFFICIAL RECORDS, SAID
EASEMENT BEING DESCRIBED IN SAID DEED AS FOLLOWS:
A STRIP OF LAND 20 FEET IN WIDTH OVER PORTIONS OF SAID LOT "F" AND LOT "I", R. A.
H. DESCRIBED AS FOLLOWS:
THE SOUTHERLY TERMINUS OF SAID 20 FOOT STRIP SHALL BE AT THE SOul'HERLY
BOUNDARY OF THAT 95.33 ACRE PARCEL OF LAND PRESENTLY HELD BY AGRARIA
INVESTMENT CORPORATION SHOWN ON MAP OF RECORD OF SURVEY NO. 5431, FILED IN
Subdivision Guarantee Form
Page 4
EXHffiITA
(continued)
e Order No.: 930015580-U50
THE OFFICE OF THE COUNTY RECORDER,OF,SAN,DIEGO'COUNTY,AND THE-EASTERLY
BOUNDARY OF SAID 20 FOOT STRrn SHALL'BETHE'EASTERLY'LINE OF SAID'95.33 ACRE
PARCEL FORA DISTANCE OF 1150 FEETNOR11HERLY FROM SAID·SOU11HERLY TERMINUS
TO THE NORTHERLY LINE OF THAT CERTAIN ROAD:EASEMENT SHOWN ON ROAD NO.4
ON A MAP FILED AS AN EXHIBIT WITH A MUTUAL ROAD EASEMENT DEED AGREEMENT,
RECORDED MARCH 26, 1964 AS DOCUMENT NO. 55458, SERIES 5, BOOK 1964 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY AND NORTHERLY ALONG
SAID ABOVE DESCRIBED ROAD NO.4, A DISTANCE OF APPROXIMATELY 850 FEET OVER
THE LANDS PRESENTLY HELD BY IRWIN J. KELLY AND TITLE INSURANCE AND TRUST
COMPANY, AS TRUSTEE FOR IRWIN J. KELLY, TO THE SOUTHERN BOUNDARY OF THAT 22
ACRE PARCEL DESCRIBED IN DEED FROM IRWIN J. KELLY TO HOWARD G. KIRGIS AND
IDA B. KIRGIS, HUSBAND AND WIFE, RECORDED SEPTEMBER 24, 1957 AT A POINT
APPROXIMATELY 425 FEET EASTERLY FROM JUNCTION OF THE AFOREMENTIONED
EASTERLY LINE OF SAID 95.33 ACRES AGRARIA PROPERTY AND THE SOUTHERLY LINE
OF THE SAID 22 ACRES KIRGIS PARCEL; THENCE NORTHERLY APPROXIMATELY 750 FEET
OVER SAID KIRGIS PROPERTY ALONG PORTIONS OF SAID ABOVE DESCRIBED ROAD NO.4
AND PROPOSED ROAD NO. 6 AS SHOWN ON SAID MAP FILED WITH SAID MUTUAL
EASEMENT DEED AGREEMENT, TO THE NORTHERLY LINE OF tOT "F" AT A POINT
APPROXIMATELY 460 FEET WESTERLY FROM POINT 5 OF LOT "F" R.A.H.; THENCE
NORTHEASTERLY OVER THE LANDS OF ALLAN O. KELLY IN LOT "I" R.A.H., A DISTANCE
OF APPROXIMATELY 800 FEET ALONG A PORTION OF SAID PROPOSED ROAD NO.6 TO A
POINT APPROXIMATELY 650 FEET NORTHERLY FROM POINT 5 OF LOT "F"'R.A.H. ON THE
WESTERLY BOUNDARY OF LOT "F", THE SAME BEING THE EASTERLY BOUNDARY OF
LOT "I"; THENCE EASTERLY APPROXIMATELY 1550 FEET OVER THE LANDS OF IRWIN J.
KELLY AND TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR IRWIN J. KELLY,
TO THE NORTHERLY TERMINUS OF THIS EASEMENT AT OR NEAR THE SOUTHERN
TERMINUS OF THE PRESENTLY CONSTRUCTED LINE "D" OF THE CARLSBAD MUNICIPAL
WATER DISTRICT.
EXCEPTING FROM PARCEL 2, THAT PORTION, IF ANY, OR ROAD NOS. 1 AND 3 LYING
WITHIN THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY,
RECORDED JUNE 16, 1953 UNDER TORRENS FILE NO. 30674.
ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 3, IF ANY, LYING WITHIN THE
LANDS ALLOCATED TO BARBARA JEAN HIGDON AND SHOWN AS PARCEL 2 OF THE
LANDS DESCRIBED IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965
UNDER RECORDER'S FILE NO. 52516.
END OF EXHIBIT A
Subdivision Guarantee Fonn
PageS
Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
I. DEFINITION OF TERMS
The following tenns when used in the Guarantee mean:
(a) "land": the land described, specifically'or by reference, in this Guarantee and improvements
affixed thereto which by law c0nstitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said
land;
(c) "date": the effective date;
(d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
(a) 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.
(b) Unpatented mining claims; reservations or exceptions in patents or in ACts authorizing the
issuance thereof; water rights, claims or title to water.
(c) Title to any property beyond the lines of the land expressly described in the description set
forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which
said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure
od improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as guaranteed' or other matters
(1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in
no loss to the Assured.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 6
Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost, to institute and prosecute any action 01'
proceeding or do any other act which in its opinion may be necessary or desirable to establish
or confirm the matters herein guaranteed; and the Company my take any appropriate action
under the terms of this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give the Company all
reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse
the Assured for any expense so incurred.
4. NOTICE OF LOSS -LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable under
this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall
have been determined, and no right of action shall accrue to the Assured under this Guarantee until
thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Guarantee unless action shall be commenced thereon within two years after
expiration of said thirty day period. Failure to furnish such statement of loss or damage or to
commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Company shall have the option to payor settle or compromise for or in the name of the
Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,
or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the indebtedness secured by said
mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the event after notice of claim has been given
to the Company by the Assured the Company offers to purchase said indebtedness, the owner of
such indebtedness shall transfer and assign said indebtedness-and the mortgage securing the same to
the Company upon.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 7
Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
6. LIMITATION OF LIABILITY -PAYMENT OF LOSS
(a) The liability of the Company under. this Guarantee shall be limited to the amount of actual
loss sustained by the Assured because ofreliance.upon.the;assurances herein set forth, but in
no event shall such liability exceed the amount of the liability stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the
Company for the Assured, and all costs and attorney's fees in litigation carried on by the
Assured with the written authorization of the· Company.
(c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company
after having received notice of an alleged, defect, lien· or· encumbrance not shown as an
Exception or excluded herein removes such defect, lien or encumbrance within a reasonable
time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in
settling any claim or suit without written consent of the Company
(d) All payments under this Guarantee, except for attorneys fees as provided for in .paragraph
6(b) hereof, shall reduce the amount of the liability herein pro tanto, and no payment shall be
made without producing this Guarantee for endorsement of such payment unless the
Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been defmitely fixed in accordance with the conditions of this Guarantee,
the loss or damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be
entitled to all rights and remedies which the Assured would have had against any person or property
in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to such rights and remedies in the proportion
which said payments bears to the amount of said loss. The Assured if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in
order to perfect such right or subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT.
Any action or actions or rights of action the Assured may have or may bring against the Company
arising out of the subject matter hereof must be based on the provisions of this Guarantee. No
provision or condition of this Guarantee can be waived or changed except by a writing endorsed or .
attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
Guarantee Conditions And Stipulations (Revised 12/5195)
Page 8
e Order No.: 930015580-U50
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement·in writing required' to be furnished
the Company shall be addressed to it at the office which issued this Guarantee.
10. The fee specified on the face ofthis Guarantee is the to~al fee for titl~ search and examination and
for this Guarantee.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 9
Commonwealth Land Title Company
3131 Camino del Rio N., #1400
San Diego, CA 92108
Phone: (619) 686-6000
SUBDIVISION GUARANTEE
ISSUED BY
Commonwealth Land Title Insurance Company
File No.: 04604122
Fee: $500.00
Subdivision: Pergola Nevada
GUARANTEES
The County of San Diego and any city within which said subdivision is located in a sum not exceeding
$1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the above
referenced subdivision, the only parties having any record title interest in said land whose signatures are
necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the
recordation of said map and offering for dedication any streets, roads, avenues and other easements offered
for dedication by said map are: .
The map hereinabove referred to is a subdivision of:
See Exhibit A Attached
. Dated: December 28, 2005 at 8:00 A.M.
Authorized Signatory
CLTA Guarantee Form No. 14 (Rev. 4-10-75)
File No.: 04604122 • •
SCHEDULE A
PART I
As of the date hereof, the party(ies) whose signature(s) will be necessary, under the requirements of the
Subdivision Map Act, on the certificates consenting to the recordation of the Final Map or Parcel Map of said
land and offering for dedication any streets, roads, avenues and other easements offerecj by such map are:
A. The signature(s) of the party(ies) named hereinafter will be required as own~r(s) of the
herein named interest of said land, pursuant to the provisions of Section 66436 of the·
Subdivision Map Act.
Nature of Interest: A FEE
Owner(s):
Pergola Nevada LLC, a Nevada Limited Liability Company
B. The signature of either the trustee or the beneficiary named below but not both, viill be
required under the provisions of Section 66436, Subsectiqn (a) of the Subdivision Map Act for
the following deed(s) of trust:
(1) Polo Investments Fund No.1 LLC as Beneficiary under Deed of Trust recorded January 14, 2004
as File No. 2004-0028115, of Official Records
(2) Astec Financial as Beneficiary under Deed of Trust recorded March 5, 2004 a.s· File No. 2004-
0179848, of Official Records
(3) Stewart Title Company, a California Corporation as Trustee under Deed of Trust recorded April
23, 2004 as File No. 2004-0359003, of Official Records
C. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set
forth, may be omitted under the provisions of Section 66436, (a)(3)(A)(i-viii) of the Subdivision
Map Act, their interest is such that it cannot ripen into a fee title c:tndsaid slgnature(s) is (are).
not required by the local agency.
(1) Paul Ecke and Magdalena Ecke, husband and wife as Easement Holder under Deed recorded
December 1, 1954 in Book 5446, Page 234, of Official Records
(2) San Diego Gas & Electric Company as Easement Holder under Deed recorded March 201 1956 in
Book 6024, Page 26 as File No. 38147, of Official Records
(3) Carlsbad Municipal Water District, a Municipal Water District as Easement Holder under Deed
recorded January 16, 1963 as File No. 9115, of Official Re~ords
(4) Marvin M. Sippel and Lucia Caroline Sippel, husband and wife as Easement Holder under Deed
recorded January 29, 1963 as File No. 16805, of Official Records
(5) Agraria Investment Corporation, et al as Easement Holder under Deed recorded October 18,
1965 as File No. 189244, of Official Records
CLTA Guarantee No. 14 (Rev. 4-10-75)
Page 2
File No.: 04604122 • •
Exhibit A
All that certain real property situated in the County of San Diego, State of California, described as follows;:
PARCEL 1:
All that portion of Lot "F" of Rancho Aqua Hedionda, in the City of Carlsbad, in the County of San Diego,
State of California, as shown on partition Map thereof No. 823, filed in the Office of the County Recorder of
San Diego County, on November 16, 1896, bounded and described as follows:
Beginning at point 5 of said Lot "F"; thence along the Northerly line of said Lot "F" North 87°25'Ol"West
1200 feet; thence at right angles South 2°34'59" West 740 feet; thence parallel with said Northerly line
South 87°25'01" East 1400 feet more or less to a point in a straight line which connects points 5 and 14 of
said Lot "F"; thence Northerly along said straight line to the point of beginning.
PARCEL 2:
An easement and right of way for road purposes in Lots "F" and "I" of Rancho Agua Hedibnda, in the County
of San Diego, State of California, according to Map thereof No. 823, filed i!1 the Office of the County
Recorder of San Diego County, being a portion of that easement for road purposes, conveyed to Howard G.
Kirgis and Wife, by Agreement and mutual easement Deed recorded March 26, 1964 as File No. 55458 of
Official Records, over Road No.1, and portions of Road No.3, and Road No.4; described in said documents
as follows:
Road No.1:
An easement and right of way for road purposes over a strip of land 66 feet wide in Lots "F" and "I" of
Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823,
filed in the Office of the County Recorder of San Diego County, November 16, 1896, the center' line of said
66 foot strip being the center line of a traveled hard surface road as shown on the attached Map entitled
Exhibit "A" and described approximately as follows:
Beginning at the intersection of the center of EI Camino Real, also known as Road Survey No. 682 according
to Map thereof on file in the Office of the County Surveyor of said County, with the Northeasterly
prolongation of the center line of said traveled hard surfaced road, being approximately Engineer's Station
100 plus 30, according to said Map of Road Survey No. 682; thence Southwesterly along s~id prolongation
20 feet, more or less, to the Southwesterly right of way line of said Road Survey No. 682, being point "A" as
shown on Exhibit "A" attached, and being the True Point of Beginning of the herein described center line;
thence Southwesterly along the center line of said traveled road, 740 feet to point "B"as shown on said Map
Exhibit "A"; thence Southwesterly and Southerly along said center line ofthe traveled road to a road
junction at point "C" as shown of said Exhibit "A", being at or near the Northeast corner of the land
described in deed to San Diego Gas & Electric Company, registered June 16, 1953 as File No. 30764·of
Official Records in the Office of the County Registrar of Land Titles for San Diego County and being a point
on or near the Northerly line of said Lot "F".
Portion Road No.3:
An easement and right of way for road purposes over a strip of land 50 feet wide in Lots "F" and "I" of
Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823,
filed in the Office of the County Recorder of San Diego County, November 16, 1896, the center line of said
50 foot strip being the center line of a traveled road as shown on the attached map, Exhibit "A" and
described approximately as follows:
Beginning at point "C" as shown on said Exhibit "A"; thence Easterly along the center line of said traveled
road being approximately along the Northerly line of said Lot "F"; thence Southerly along saJd center line
650 feet to point "F"; thence Southerly and Southeasterly along said center line to a road junction at point
"Gil as shown on said Exhibit "A".
Portion Road No.4:
CLTA Guarantee No. 14 (Rev. 4-10-75)
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File No.: 04604122 • •
An easement and right of way for road purposes over a strip of land 50 feet wide in Lot "F" of Rancho Agua
Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the
Office of the County Recorder of San Diego County, November 16, 1896, the center !.ine of said 50 -foot strip
being the center line of a traveled road as shown on the attached map Exhibit "A"; and described
approximately as follows:
Beginning at point "G" as shown on Exhibit "A"; thence Northeasterly and Northerly approximately 1450 feet
to the South line of land described in Parcel 1 described above.
PARCEL 3:
That easement and right of way for water supply pipe line and public utilities in Lots "F" and "I" of Rancho
Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County, November 16, 1896, conveyed to Howard Kirgis> and
wife, by Mutual Easement Agreement recorded October 18, 1965 as File No. 189244 of Official Records, said-
easement being described in said Deed as follows:
A strip of land 20 feet in width over portions of said Lot "F'~ and Lot "I", of Rancho Agua Hedionda, described
as follows:
The Southern terminus of said 20 foot strip shall be at the Southerly boundary of that 95.33 acre parcel of
land presently held by Agraria Investment Corporation shown on Map of record of Survey No. 5431, fiI~d in
the Office of the County Recorder of San Diego County, and the Easterly boundary of said 20 footstrip hall
be the Easterly line of said 95.33 acre parcel for a distance of 1150 feet Northerly from said Southerly
terminus to the Northerly line of that certain road easement shown on Road No.4 on a Map filed as exhibit
with a Mutual Road Easement Deed Agreement, recorded March 26, 1964 as File No. 55458, Series 5, Book
11964 of Official Records of San Diego County; thence Northeasterly and Northerly along said above
described Road No.4, a distance of approximately 850 feet over the lands presently held by Irwin J. Kelly
and Title Insurance and Trust Company, as trustee for Irwin J. Kelly, to th~ Southern boundary of that 22
acre parcel described in Deed from Irwin J. Kelly to Howard G. Kirgis and Ida B. Kirgis, husband and wife,
recorded September 24, 1957. At a point approximately 425 feet Easterly from junction of the
aforementioned Easterly line of the said 95.33 acres Agraria property and the Southerly line of the said 22
acres Kirgis Parcel; thence Northerly approximately 750 feet over said Kirgis property along portions of said
above described Road No.4 and proposed Road No.6 as shown on said Map filed with said Mutual
Easement Deed Agreement, to the Northerly line of Lot "F" at a point approximately 460 feet Westerly from
Point No.5 of Lot "F" of Rancho Agua Hedionda, thence Northeasterly over the >Iands of Allan O. Kelly in Lot
"I" of Rancho Agua Hedionda, a distance of approximately 800 feet along a portion of-said proposed Road
No.6 to a point approximately 650 feet Northerly from point No.5 of Lot "Fi' of Rancho Agua Hediondaon
the Westerly boundary of Lot "F"; the same being the Easterly boundary of Lot "I"; thence Easterly
approximately 1550 feet over the lands of Irwin J. Kelly and Title Insurance and Trust Company, as Trustee
for Irwin J. Kelly, to the Northerly terminus of this easement at or near the SOljthern terminus ofthe
presently constructed line "D" of the Carlsbad Municipal Water District; EXCE:PTING from Parcel 2, that
portion, if any, of Road Nos. 1 and 3 lying within the land in Deed to San Diego Gas & Electric Company,
recorded June 16, 1953 under torrens File No. 30674 of Official Records.
EXCEPTING THEREFROM that portion of Parcel 3, if any, lying within the lands allocated to Barbara Jean
Higdon and shown as Parcel 2 of the lands described in final judgement in partition recorded March 24, 1965
as File No. 52516 of Official Records.
CLTA Guarantee No. 14 (Rev. 4-10-75)
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