HomeMy WebLinkAboutCT 81-16; VISTA SANTA FE UNIT 3; Engineering Application• RICK mGINEtJiiN~'CO: D
AUG :~ D 1984
SUBIDIVISION MAP GUARANTEF
REF" CT 81~16 UNIT ~ FEE: ~100.nO '
NO." 200104-1
TITLE INSURANCE COMPANY OF MINNESOTA, A CORPORATION
REP'RES'ENTED BY FOUNDERS TITLE COMPANY
GUARANTEES
THE CITY OF CARLSBAD
" IN THE SUM NOT EX£EEDING '1,000.00
THAT ACCORDING TO THOSE, PUBLIC RECORDS WHICH, UNDER THE RECORDING
LAWS, IMPART CONSTRUCTIvE NOTICE OF MATTERS AFFECTING JHE TITLE TO
THE LAND HEREINAFTER DESCRIBED. THE ONLY PARTI ES HAVI'NG ANY RECORD
TITLE INTEREST IN SAID LAND WHOSE SIGNATURES AR~ NECESSARY,
CERTIFICATES CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP
OF SAfD LAND AND OFFERING FOR DEnICATION ANY STREETS, ROAn,
AVENUES, AND OTHER' EASEMENTS OFFERED FOR DEDICATION BY -SAID
SUBDIVISON MAP ARE: .'
SEE EXHIBIT "A" ATTACHED
THE TRACT HEREIN BEFORE REFERRED TO IS A ~U~DIVISION OF LANO
DESCRIBED AS:
SEE EXHIBIT "B" ATTACHED
DArED: AUGUST 24, 19~4
TITLE ·1 NSURAIVCE COMPAY OF MONNESOTA,
REPRESENTED BY FOUNDERS TITLE COMPANY
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EXHIBIT "A"
DAON CORPORATION· A DELAWARE CORPORATION AND' HOMES BY POLYGON· A
CALIFORNIA CORPORATION, AS RECORD OWNERS.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A 'CALIFORN1A
CORPORATION FORMERLY TITLE INSURANCE AND TRUST COMPANY, AS TRUST'EE
UNDER DEEDS OF TRUST RECORDED MARCH 10. 1<381 AS FILE NO. 81-0728H3
OF OFFICIAL RECORDS, AND 'MARCH 10. 1981 AS FILE NO. 81-0728f)2 'O~
OFFICAL RECORDS.
THE CALIFORNIA-SANSOME CORPORATION, A CALIFORNIA CORPORATION AS
TRUSTEE UNDER DEED OF TRUST RECORDED JULY 10, 1984 AS FILE N'O.
84-257550 OF OFFICIAL RECORDS. .
CALIFORNIA LAND TITLE COMPANY, A CORPORATION AS TRUSTEE UNDER DEED
OF TRUST RECORDED MAY 7, 1984 AS FILE NO. 84-168296 OF OFFICIAL
RECORDS.
~ .
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EXHIBIT liB"
THAT PORTION nF LOT 9 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN
DIEGO· STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. g48" FILED
IN THE OFFICE OF THE COUNTY RECORDER 'OF SAN DIEGO COUNTY, BEING
DESCRIBED AS FOLLOWS'
COMMENCING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT NO.
81-16, VISTA SANTA FE UNIT No.1· ACCORDING TO MAP NO .• '1089'8,
RECORDED APRIL 10, 1984: THENCE ALONG THE NORTHEASTERLY LINE
THEREOF SOUTH 42-25'44" EAST 34.24 FEET TO A POINT ON THE ARC OF A
NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY: THENCE
SOUTHWESTERLY , SOUTHERLY AND SOUTHEASTERLY ALONG' THE ARC ,OF SAID
CURVE THROUGH 'A CENTRAL ANGLE OF 90-00'00" A DISTANCE OF ~9.27
FE'ET: THENCE TANGENT TO SAID CURVE SOUTH 42-25'44" EAST 204.75 FEET'
TO THE BEGINNING OF A TANGENT 458.00 FOOT RADIUS CURVE CONCAVE,'
NORTHEASTERLY! THENCE SOUTHEASTERLY AND WESTERLY ALONG' THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF '3W11'~3", .A. nISTANCE OF'
273.32 FEET: THENCE TANGENT TO SAID CURVE SOUTH 76-37'18" EAST
58.96 FEET TO THE BEGINNING OF A TANGENT ~90.,00 FOOT RADIUS CURVE
'CONCAVE NORTHERLY' THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH, A CENTRAL ANGlE OF 1::t04'3S!' A DISTANCE, OF R? .20 FEET, TO
THE MOST NORTHEASTERLY CORNER Of: SAID MAP NO. 10ggR' THENCE LEAVI NG
SAID NORTHEASTERLY LINE CONTINUING ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1-3,'1',01", A DISTANCE OF 1().78-FEET:'
THENCE TANGENT TO SAID CURVE NORTH R9-4~'06" 10.7~ FEET: THENCE
TANGENT TO SAID CURVE NORTH 8q-4~'06" EAST 45.S6 FEET ,TO, THE
BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE SOUTHERLY: THENCE
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF ~7-22'11",' A DISTANCE OF ?05.41 FEET: THENCE
TANGENT TO SAID CURVE SOUTH 62-50'43" EAST 13'3.79 FEET TO THE' TRU'E
POINT OF BEGINNING: THENCE CONTINUING, SOUTH 62-S4'4'3" EAST ~q.OO'
\ FEET TO THE BE,GINNING OF A TANGENT 520.00 FOOT RADIUS CURVE CONCAVE
NORTHERL Y: THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE O'F 64 -49'46", A,
DISTANCE OF 588.37 FEET: THENCE RADIAL TO SAID CURVE SOUTH 37-44'29" EAST 60.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT
20.00 FOOt RADI US CURVE CONCAVE ' EASTERLY: THENCE, SOUTHWESTERLY,
SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A,
CENTRAL ANGLE OF '84-38'40" A D1STANCE OF ?9.55 FEET: THENCE TANGENT
TO SAID CURVE, SOUTH 32-23'09,11 EAST 24 • .00 FEET TO THE BEGINNING OF
A TANGENT '85.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY:, THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 16-15'36" A DISTANCE OF 24.12 FEET TO THE 'BEGINNING'OF A REVERSE
65.00 FOOT RAnI US CURVE CONCAVE NORTHEASTER I.., Y: THENCE SOU1HEASTERL Y
ALONG, THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16-1'1''311" .f'.
DISTANCE OF, 18.45 FEET: . THENCE TANGENT TO . SAIn' CURVE, SOlJT!"i
32-23'09" EAST 15.74 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT
RADI US CURVE CONCAVE NORTHEASTERLY! THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A cENTRAL ANGLE OF'~~53'14" A DISTANC~ OF
11.53 FEET: THENCE TANGENT TO SAID CURVE SOUTH 36-1f)'?'3" EAST
l'
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f
109.69 FEET TO THE BEGI NNING OF A TA.NGENT ~O. 00 FOOT RADI US ·CURVE
CONCAVE NORTHERLY' THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY.
ALONG' THE ARC OF SAID CURVE THROtlGH A CENTRAL ANGLE OF 88-1S'18", A
DISTANCE OF 50.81 FEET' THENCE TANGENT TO SAID CURVE NORTH
55-28'19" EAST 19.74 FEET: TH.ENCE SOUTH 3W 31' 41" EAST 60.00 FEET ~ THE~CE SOUTH 3R-S8'08" EAST 101.00 FEET! THENCE SOUTH 1S-39'52"
EAST 57.61 FEET: THENCE SOUTH 35-26'45" 'tAST 100.00 FEET: THENCE
SOUTH 54-33'15" WEST 120.37 FEET: THENCE NORTH 3S-26'45" WEST
102.00 FEET: THENCE NORTH 15-21'00" WEST SS.74 FEET: THENCE SOUTH
53-21'03" 'WEST 274.14 FEET! THENCE SOUTH 52-28'59" WEST 132.20
FEET: THENCE NORTH ~7-31'01" WEST 160.00 FEET: THENCE NORTH
52-28'59" EAST 104.16 FEET: THENCE NORTH 64-39'24" WEST 103.57
FEET: THENCE NORTH' 84-58'50" WEST f.)4.00 FEET: THENCE NORTH
, 88 -07'01" WEST 109.66 FEET' THENCE NORTH 84 -58 '50" WEST 62.50 FEET:
THENCE NORTH 85-52'39" WEST 63.88 FEET: THENCE NORTH 79-38'49" WEST
69.01 FEET: THENCE NORTH 50-12'25" WEST 16Q.39 FEET: THENCE NORTH 31-03'49" EAST 53.74 FEET: THENCE NORTH ~,3-00'56" EAST ?16.R4 FEET:
THENCE NORTH 27-05'17" EAST· 60.00 FEET TO THE TRUE POINT OF
BEGINNING.
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FOUNDERS TITLE COMPANY
2835 CAMINO DEL RIO SOUTH· SUITE 100
SAN DIEGO, CALIFORNIA 92108 296-~300
PRELIMINARY REPORT
HOMES BY POLYGON . 666 BAKER STREET, SUITE 317
COSTA MESA, CALIFORNIA
ATTENTION: AGNES
,J. 840<;" 1'::)
. RICK ENGINEERING CO •
AUG 2 919.84
YOUR REF: ~ARL~BAD TR. 81..:16 UNIT 3
OUR NO.: ?00104-s
IN RESPONSE TO THE ABOV~ REFERENCED APPLICATION FOR A POLICY OF TITLE
INSUR'ANCE, THE INSURER HEREBY REPORTS THAT IT1S PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBED 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 FORM~L
THE PRINTED EXCEPTIONS ANP ;XCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH IN SCHEOULE 1 AND SCHEDULE 1 (CONTINUED)
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 ~OL~LY
FOR THE PURP'OSE OF FACILITATING THE ISSUANCE OF A POLICY. OF' TITLE
INSURANCE AND NO LIA1HLITYIS 'ASSUMED HEREBY. IF. IT IS' Dt'SIREn THAT
LIABtLITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY .OF TITLE'
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTEn.
DATED: AUGUST 24, 1QS4 AT 7:~n A. M.
TITLE OFFICER RONEAR~KIN .
DAB
SCHEDULE "A"
ORDER NO. 200104-1 , (R.EV)
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY REPORT AND SU8DIVISION GUARANTEE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIRED OR REFERRFD TO
COVERED BY THIS REPORT IS:
A FEE
TITLE TO SAID ESTATE OR IfjTEREST AT THE DATE HEREOF IS VESTED IN:
DAON CORPORATION, A DELA\1ARE CORPORATION, AS SUCCESSOR IN INTEREST
BY MERGER OF LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, AS TO
A PORTION: AND HOMES BY POLYGON, A CALIFORNIA CORPORATION, AS Tn
THE REMAINDER.
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEG~, AND IS OESCRI8ED AS FOLLOWS:
SEE EXHIBIT "s" ATTACHEO
, i
OUR NO.~ 200104-s
SCHEDULE' "B"
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN S·AID POLICY FORM WOULD.
BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR: 1984-85
A LIEN, NOT YET PAYABLE
2. SUPPLEMENTAL TAXES I F ANY PURSUANT TO CHAPTER 4qg OF THE STATUTES
OF 1983 OF THE STATE OF CALIFORNIA.
3. A DEED OF TRUST
STATED HEREIN
DATED
GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
· MARCH 10, 1981 $40,378,689.71
,LA COSTA LAND COMPANY
,TITLE INSURANCE AND TRUST COMPANY
RANCHO LA COSTA, INC., A. NEVADA CORPORAtION
MARCH 10. 1981
AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY
THE BENEFICIAL INTEREST ·UNDER SAID DEED OF TRUST WAS .ASSIGNED BY
ASSIGNMENT
TO THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND
RECORDED : FEBRUARY 26, 198~ .
RECORDER'S FILE NO. ~ 83-053120 OF OFFICIAL RECORDS
THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY ~AID DEED OF .
TRUST WERE MODIFIED BY AN INSTRUMENT DATED: FEBRUARY ?~, 19~3
RECORDED : FEBRUARY 2R, 1983,
RECORDER'S FILE NO.: R3~06~017 OF OFFICIAL RECORDS
THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF
TRUST WERE MODIFIED BY AN INSTRUMENT DATED : JANUARY 18, 1qR~
RECORDED : M~RCH 30, 1q83 '
RECORDER'S FILE NO.: 83-100781 OF OFFICIAL RECORDS
It . THE TERMS' OF THE PROMl SSORY NOTE WHICH IS
TRUST WERE MODIFIED BY AN INSTRUMENT
SECURED BY SAID DEED OF
DATED ' NOVEMBER 10, 1983 "
RECORDED : NOVEMBER 10, 1983
RECORDER'S FILE NO.~ 83-409715 O'FOFFICIAL RECORDS
4. A bEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT
STATED HEREIN
DATED MARCH 10, 1981
AMOUNT NONE SHOWN
TRUSTOR LA COSTA LAND COMPANY
TRUSTEE TITLE INSURANCE COMPANY .
BENEFICIARY THE TRUSTEES OF CENTRAL STATES, SOUTHEAST 'AND
SOUTHWEST AREAS PENSION TRUST
RECORDED : MARCH 10, 1981
RECORDER'S FILE NO.~ 81-07286? OF OFFICIAL RECORDS .
AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY
SAID DEED OF TRUST HAS BEEN SUBORDINATEO TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
RECORDED FEBRUARY 28, 19R3 AS FILENO. 83-063016 OF
OFFICIAL RECORDS
SUBORDINATED T'O A DEED OF TRUST
RECORDED ~ MARCK 10, 1981 AS FILE NO. R1-072R~3'OF
OFFICIAL RECORDS
AN INSTRUMENT DATED MARCH 16, 1983, RECORDED MA~CH ~O, 1q8~ AS FILE
NO. 83-100780 OF OFFICIAL RECORDS, EXECUTED BY DAON CORPORAtION, A.
DELAWARE CORPORATION,' PURPORTS TO SUPPLEMENT THE TERMS OF THE nEED
OF TRUST THEREIN PROVIDED.
SAID DEED OF TRUST HAS· BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT'
RECORDED NOVEMBER 10, 1983 AS FiLE NO. 83-4nq71~ OF
OFFICIAL RECORDS . 1 .
SUBORDINATED TO : MARCH 10, 1qB1 AS FILE ·NO. R1-072R63 OF OFFICI.AL . RECORDS
. .
5. A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY
HAS BEEN RECORDED JULY 7, 1q81 AS FILE NO. 81-213344 OF OFFICIAL
RECORDS.
6. AN AGREEMENT REGARDING FAC IL ITI ES FEES, D.ATED JULY R, 19R1, UPON
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN
EXECUTED BY AND BETWEEN: DAON CORPORATION AND THE CiTY OF CARLSBAD A MUNICIPAL COURPORATION . ' .
RECORDED : SEPTEMBER R, 1981 . .
RECORDER'S FILE NO.: 81-286R38·dF OFFICIAL RECORDS
,
THE EXACT LOACAT I ON OF SAID AGREEMENT CANNOT BE DETERMI NED FROM TH.E
RECORD.
7. AN AGREEMENT REGARDING PAYMENT OF A. PUBLIC FACiLITIES FEE,' DATED
JUNE 1, 1983, UPN THE TERMS, COVENANTS AND CONDITIONS C.ONTAINED
THEREIN, EXECUTED BY AND BETWEEN DAON CORPORATION AND THE CITY OF CARLSBAD .
RECORDED : JUNE 16, 1982
RECORDER'S FILE NO~: 82-185S83 OF OFFICIA~ RECORDS
8. A CERTIFICATE OF COMPLIANCE AFFECTING THE H~REIN DESCRIBED PROPERTY
HAS BEEN RECORDED : JULY 2, 1982 .
RECORDER'S FILE NO.! 82-207276 OF OFFICIAL RECO~DS'
9. AN AGREEMENT REGARDING DRAINAGE PLAN DATED AUGUST 18, 1Q83, HPbN
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY
AND BETWEEN DAON CORPORATION AND THE CITY OF CARLSBAD
RECORDED . OCTOBER 25, 1982
RECORDER'S FILE NO.: R3·327302 OF OFFICIAL' RECORDS
10. AN AGREEMENT REGARDING PAYMENT OF A . P'UBLIC FACILITI ES FEE,' DATED
DECEMBER 15, 1'382, UPON THE TERMS,' COVENANTS AND CONDITIONS
CONTAINED THEREIN, EXECUTED BY AND B"ETWEEN DAON CORPORATION AND . .THE
CITY OF CARLSBAD, A MUNICIPAL CORPORATION .
11 .
Rf:CORDED : ·JANUARY 7, 1983
RECORDER'S FILE NO.: R3-006312 OF OFFICIAL RECORDS
AN AGREEMENT TO WHICH
DATED
BY AND BETWEEN
REGA.RDING .
RECORDED :
RECORDER'S FILE NO.:
REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
SEPTEMBER 8, 198~
DAONCORPORATION AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE .
SEPTEMBER 21, 1983 8.3-'B7167 OF OFF IC I AL RECORDS
12. A MEMORANDUM OF OPTION BY AND BETWEEN DAON" CORPORATION ("OWNER") AND THE POLYGON CORPORATION ("OPTINEE") OATED NOVE~BER 10.,' 1q~p;,
RECORDED NOVEMBER 10, 1983 AS FILE NO. 83-40Q71£ OF OFFICIAL
RECORDS
REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
13. AN AGREEMENT TO WHICH
DATED
BY AND BETWEEN
REGARDING
RECORDE-D :
RECORDER'S FIL~ NO.:
REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DECEMBER S, 1'953
CITY OF CARLSBAD, A MUNICIPAL CORPORATlnN AND
POLYGON CORPORATION, A CORPORATION .
AGREEMENT FOR WAIVER OF PROHIBITION. AGAINST
THE IMPOSITION OF CONDITIONS UPON THE
APPROVAL OF' AN EXTENSION OF A TENT AT IVE
SUBDIVISION MAP
JANUARY 24, 1984 84-027684 OF OFFICIAL RECORDS
14. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT'
STATED HEREIN DATED JUNE 22, 1984
AMOUNT $6,350,000.00
TRUSTOR HOMES BY POLYGON, A CALIFORNIA CORPORATION
TRUSTEE THE . CAL I FORNI·A SANSOME CORPORAT I ON, A
CALIFORNIA CORPORATION
BENEFICIARY THE BANK OF CALtFO~NIA, N.A., ·A NATIONAL
BANKING ASSOCIATION
RECORDED : JULY 10, 1984
RECORDER'S FIL~ NO.: R4-2575S0 OF OFFICIAL RECORDS
15. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT
STATED HEREIN DATED MARCH 4, 1q84
AMOUNT $356,,00.no
TRUSTOR THE POLYGON CORPORATION, A . WASHINGTON
CORPORATION
TRUSTEE CALIFORNIA LAND TITLE
BENEFICIARY DEVELOPERs INSURANCE COMPANY· A CALIFORNIA'
CORPORATION
RECORDED : MAY 7-1q84
RECORDER'S FILF NO. ~ R4-168296 OF OFFICIAL RECORDS
AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY
, /
SAl D DEED .oF TRUST. IS SU130RDI NATE TO THE nEED OF TRlIST RECOPDEO
JULY 10,1984 AS FILE NO~ 84-21)7550 OF OFFICIAL 'RECORDS, 'BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 10, 1qR4 AS FiLE
NO. 84-257551 OF OFFICIAL RECORDS.
16. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN ~AVE BEEN
DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF tITLE INSURANCE,
BUT A REPORT TO FACILITATE THE ISSUANCE OF A· POLICY OF TITLE
INSURANCE.
'.
FOR PURPOSES OF POLIty ISSUANCE, NO ITE~S MAY BE ELI~INAtED ON THE
BASIS OF ANY INDEMNITY AGREEMENT OR OTHER AGREEMENT SSAtISFACTORY
TO tHE COMPANY AS INSURER.
TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
fIRST INSTALLMENT
SECOND INSTALLMENT
1983-.83
9045 255-031-07
$'·,282,t;00 .00 $17,964.79, PAID
$17-,964.79~ PAID
T
EXHIBIT "A"
THAT PORTION OF LOT 9 'OF RANCHO LAS ENCINITAS· IN ·THE COUNTY OF SAN
DIEGO. STATE OF CALIFORNtA, ·ACCORDING TO MJ\P THERFOF NO. ~4R, FILEn"
IN THE OFFICE OF THE ,COUNTY RECORDER OF SAN nIEGO COUNTY· BEiNG
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACt NO.
·81-16, VISTA SANTA FE UNIT No.1. ACCORDING TO MAP .NO.' 1-0898 •
. RECORDED APRIL 10, 1984: THENCE ALONG THE NORTHEASTERLY LINE
THEREOF SOUTH 42-21)'44" EAST 34.24 FEET TO A POINT ON THE ARC OF A·
NON-TANGENT 25.00 FOOT RADIUS CI1RVE CONCAVE EASTERLY: THENCE
SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG· TH.E ARC OF SA In,
CURVE THROUGH A CENTRAL ANGLE OF 90-00'00'" A. DISIANCE OF ~9.~7
FEET' THENCE TANGENT TO SAID CURVE SOUTH 42-25'44" EAST 204 i 75 FEET
TO THE BEGINNING ,OF A TANGENT 458.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY I THENCE SOUTHEASTERLY AND WESTERLY ALONG IHE',ARC O.F
SAID CURVE THROUGH A CENTRAL ANGLE OF ~4'-11'3311, A DISTANCE OF
273.32 FEET: THENCE TANGENT TO SAl D CURVE SOUTH 76 -37'18" EAST
58.96 FEET TO' THE BEGINNING OF A TANGENT 390.00 FOOT RADIUS. CURVE
CONCAVE NORTHERLY: THENCE WESTERLY 'ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12-04'31)" A DISTANCE OF 8? .?O FEET,' TO
THE MOST NORTHEASTERL~ CORNER OF SAID MAP NO. 10R98: THENCE LEAVING
SAID NORTHEASTERLY LINE' CONTINUIN.G ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1-3S '01", . A DISTANCE OF 10 JR FEET:
THENCE TANGENT TO SAl D CURVE NOR'TH 89-43'06/1 10.78 FEET:' THENCE
TANGENT TO SAIO CURVE NORTH 89-4~'06n EAST 41).56 FEET TO THE
BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE SOUTHERLY: ,THENCE
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF ?7-22'11", A DISTANCE OF ~OI).41 ,FEET: THFNCE
TANGENT TO SAID CURVE SOUTH 62-54'43". EAST 13~.79 FEET TO THE TRUE
POINT OF BEGINNING: THENCE CONTINUING SOUTH '62-1)4'4~" EAST· ~q.OO
FEET TO THE BEGINNING OF A TANGENT 1)20.00 FOOT RAOIlIS CURVE CONCAVE
NORTHERLY: THENCE SOIJTHEASTERL Y , EASTERL YAND NORTHEASTERLY ALONG
THE ARC' OF SAID CURVE THROUGH A CENTRAL ANGLE OF. 6.4 -49'41;", 'A
DISTANCE OF S88.~7 FEET: THENCE RADIAL TO SAID CURVE SOUTH
37-4·4'29" EAST 60,00 FEET· TO A. POINT ON THE ·ARC OF A NON-TANGENT 20~OO FOOT RAblUS CURVE CONCAVE EASTERLY: THENCE ~bUTHWESTERLY,
SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAl D CURVE THROUGH A
CENTRAL ANGLE OF 84-38'40" A DISTANCE OF ~9.SI) FEET! THENCE TANGENT
TO SAID CURVE, SOUTH 32-23'09" EAST 24.00 FEET TO THE BEGI,NNING'OF
A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE
SOUTHEASTERL Y ALONG THE ARC OF SAl D CURVE THROUGH A 'CENTRAL ANGLE
riF 16-15'36" A DISTANCE OF ·?4.12 FEET TO THE BEGINNING OF A REVERSE
65. 00 FOOT RADI US 'CURVE CONCAVE NORTHEASTERLY:, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL' ANGLE O~ 16-15'36/1 A
DISTANCE OF 18 ;45 FEET: THENCE TANG~'.NT TO SAID CURVE SOUTH
32-23'09" EAST 15.74 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT
RADI US CURVE CONCAVE NORTHEASTERLY: THENCE. SOUTHEASTERLY ALONG. THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF ~-53'14" A DISTANCE ,OF
11.53 FEET: THENCE TANGENT' TO SAID CURVE 'S.OUTH 36',-16'23" EAST
109.69 FEET TO THE BEGINNING. OF A TANGENT '-0.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY" THENCE SOUTHEASTERLY • EASTERLY AND NORTHEMHERL Y
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGL~ OF ~g-1 ,)'1 R", A
DISTANCE OF 50.81 FEET! THENCE TANG~NT TO SAID' CURVE ,NORTH
5S-28'19"EAST 19,74 FEET: THENCE SOUTH ~4-~1'41" EAST f)O.OO FEET:
THENCE SOUTH 38-58'08" EAST 101.00 FEET" THENCE SOUTH 1S-39'5?"
EAST 57.61 FEET: THENCE SOUTH 7;5-26'4'1" EAST 100.0f) I=EET: n-iENCJ:
SOUTH 54-33'15u WEST 120.37 'FEET' tHENCE NORTH ~'1-?6'4t;" WEST
10'1..00 FEET: THENCE NORTH 15-21'00" WEST '>8.74 FEET~ THENCE SOUTH
53-21'03" WEST 274.14 FEET! THENCE SOUTH '52-28'59" 'WEST 132.'-0
FEET: THENCE NORTH ~7-31'n1" WEST 160.00 FEET: THENCE NORTH
52-28'59" EAST 104.16 FEET' THENCi NORTH 64-~9'24" WEST 10~.'>7
FEET! THENCE NORTH 8W58'50" WEST 64.00. FEET: THENCE 'NO.RTH
88-07'01" WEST 109.66 FEET~ THENCE NORTH 84-58/50~ W~ST ~'-.50 FEET:
THENCE NORTH 85-52'39" WEST' 63.~8 F~ET: THENCE NORTH 79-3R'4Q" WEST
69.01 FEET: THENCE NORTH 50-12'25" WEST 1~·9.39FEET~ THENCE NORTH
31-03'49" EAST 53.74 FEET: THENCE NORTH ~3-00'56" EAST ?16.84 FEET:
THENCE NORTH 27-05'17" EAST 60.00 FEET TO THE TRUE, POINT. ,OF
BEGINNING. .
e SCHEDULE I e
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1973
SCHEDULE B .
This policy does not insure against loss or damage, nor .against costs, attorneys~ fees or expenses, any or all of whlcharl~e
by reason of the following: .
Part'l
1. Taxes or assessments which are not shown as existing
liens by the records of any' taxing authority that levies
taxes o'r assessments on real property' 01' by the public
records .•
Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings,
whether or not shown bY the records of such agency or by
the public records.
2. Any facts, rights, interests or claims which .are not
shown by the public records but which' could be ascer-
tained by an inspection of the land or by making inquiry of
persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof,
which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in
area, encroachments, or any other facts .which a correct
survey would disclose, and which are not shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts ,authorizing the issuance
thereof; (c) water rights, claims' or title to water.
6. Any right, title, interest, estate or easement in land
beyond the lines of the area speCifically described or
referred to in Schedule A, or in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing in
this paragraph shall modify or limit the extent to which the
ordinary right of an 'abutting owner for access to a
physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (includ-
Ing but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the Occupancy, use
or enjoyment of the land, or regulating the .character,
dimensions or location·of any improvement now or here-
after erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area. of the
land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
8. R!ghts of eminent domain or governmental rights of
police power unless notice of the exercise of such rights
appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and
not otherwise excluded from coverage but known to' the
insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclos~d
in writing by the insured claimant to the Company prior to
the date such insured claimant became an Insured here-
under; (c) resulting in no loss or: damage to the insured
'claimant; (d) attaching or created subsequent to Date of
Policy; or (e) resu,lting In loss or damage which would not
have been sustained if the insured claimant had been a pur-
c~aser or encumbrancer for value withou't knowledge.
it
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLlCY-1979
EXCLUSIONS
In addition to the exceptions in Schedule ~,you are not insured against loss, costs, attorneys"fees and expenses resulting
from:
r-1C
1. Governmental police power, and the existence or violation of any law or government regUlation. This include's
building and zoning ordinances and also ,laws and regulations concerning: ,
land use
improvements on the land
land division
environmental protection
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Coveted Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy
Date.
3. Title Risks:
that are created, allowed, or agreed to by you .
that we known to you, but not to us, on the Policy Date -unless they appeared in the public records .
. that ~sult in no loss to you .
that first affect your title' after the Policy Date -this does not I,imit the labor and material lien coverage in .
Item 8 of Covered Title Risks '
4. Failure' to pay value for your title.
5.' Lack of a right:
to any. land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land. ,
This exclusion does not limit the access coverage In Item 5 of Covered Title Risks.
e
SCHEDULE I (Continued)
AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
(AMENDED 10·17·70)
. SCHEDULE OF EXCLUSIONS FROM COVERAGE
The fellewi~g matters are expressly e*cluded frem the ceverage o.f this po.licy:.
T-10
1. Any law, o.rdinance er go.vernmental regulatien (including but no.t limited to. buHding and zening erdi-
nances) restricting o.r regulating er p~ehibiting the eccupancy, use er enjo.yment efthe land, o.r regulating
the characfer, dimensio.ns o.r Io.catio.n o.f any impro.vement no.w o.r hereafter erected en the land, er prehibit-
ing a separatien in ewnership er a reduct.io.n in the dimensiens or area ef the land, o.r the effect of any vio.la-·
tien ef any such law, erdinance er gevernmental regulatio.n.
2. Rights o.f eminent demain er gevernmental rights ef pelice pewer unless netice ef the ex~rcise 'ef such
rights appears in the public recerds at Date ef Pelicy. '
3. Defects, liens, encumbrances, adverse claims, er ether matters (a) created, suffered, assumed er agreed to.
by the insured claimant; (b) net kno.wn to. the Co.mpany and no.t shewn by the public recerds but knewn to.
the .insured claimant either at Date o.f Pelicy er at the date such claimant acquired an estate er interest'
insured by this po.licy er acquired the insured mo.rtgage and net disclo.sed in writing by the insured claim-
ant to. the Cempany prio.r to. the date such insured claimant became an insured hereunder; (c) resulting in
no. less er damage tl? the insured claimant; (d) a~taching er created subsequent to. Date ef Pelicy (except to. '
the extent insurance is afferded herein as to. any statuto.ry lien fo.r labo.r o.r material o.r to. the' extent
insurance is affo.rded herein as to. assessments fer street imprevements under censtrllctien ercemplet~d
at Date ef Pelicy).
4. Unenferceability o.f the lien ef thE;. insured mertgage because ef failure ef the insured at Date ef Po.licy o.r ef
any subsequent ewner ef the indebtedness to. cemply with applicable "do.ing business". laws ef the sta~ein
which the land is situated. .
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970
(AMENDED 10·17·70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE·
t. Any law, ordinance o.r gevernmental regulatien (including but no.t limited to. buildrng and zo.ning o.rdi-
nances) restricting er regulating er prohil;>iting the eccupancy, use er enjo.yment ef the land, or regI,Jlat.ing.
the character, dimensio.ns er lecatien o.f any imprevement no.w o.r hereafter erected o.n the laM, o.r pro.hibit-
Ing a separatio.n in ewnership o.r a reductio.n in the dimensiens ef area o.f the land, er the effect ef any
vielatien of any such law, o.rdi.nance er gevernmental regulatien.
2. Rights o.f eminent do.main o.r go.vernmental rights ef Po.lice power unless no.tice ef the exercise ef sllch
rights appear in the public recerds at Date ef Po.licy. . .
3. Defects, liens, encumbrances, adverse claims, o.r ether matters (a) created, suffered, assumed er agreed to.
by the insured claimant; (b) netkno.wn to. the Co.mpany and no.t sho.Wnby the public reco.rds but kno.wn to.
the insured claimant either at Date o.f Po.licy o.r at the date such claimant acquired an' estate er interest by
this pelicyand net disclesed in writing by the insured claimant to. the Co.mpany prio.r to. the date such
insured claimant ,became an insured hereunder; (c) resulting in no. less er damage to. .the insured claimant; .
(d) attaching er created subsequent to. Date ef Pelicy; (e) resulting in Io.ss o.r damage which weuld net have'
been sustained if the insured claimant had paid value fer the estate· o.r interest insured by this pelicy~