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Home My WebLink AboutCT 97-13; CARLSBAD OAKS NORTH PHASE 3; Engineering Application-- -~ ~--~ '~ CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov omo1 e e a aooroo1 en orm on. r e: w en no aoo1 ca C I t II riat I J atl W H N/A h t II bl e. Project Name: Carlsbad Oaks North Business Park Date: 05/17/12 Project Description: Substantial Conformance for approved Tentative Map, CT 97-13 Project Address: Faraday Avenue and El Fuerte Street .. Lot No(s).: 1-26 Map No.: 14962 & 15505 · APN(s): 209-120-1 to 17/209-121-1 to 4 Number of Lots: 26 Number of Acres: 414.0 Miles of Trails: NIA Owner: Carlsbad Oaks North Partners LP Applicant: Carlsbad Oaks North Partners LP Mailing Address: P.O. Box 80036 Malling Address: P.O. Box80036 San Dl~o. CA 92138 San Dlei:io,· CA 92138 Phone Number: 619-223-1663 Phone Number: 619-223-1663 Fax Number: 619-223-2865 Fax Number: 619-223-2865 E-mail: ted@Atechilt.com E-mail: ted@2techbilt.com I certify that I am the legal owner and that all the above lnfonnatlon Is true and correct to 1 ™est of my knowledge. Theodore Tehan, Pres· ent Signature: ._ · -:__... Date: :UilLJ.2 Theodore Tchang; Pres~ 1 • Signature: .:.._.,-_ -LJ Y,:-: Date: 5/21/12 Civil Engineer: Tim Garroir' Solis Engineer: EmllloAl~do Firm: O'Day Consultants Firm: Geocon Mailing Address: 2710 Loker Avenue West Malling Address: 696Q Flanders Drive Carlsbad, CA 92010 San DleAo, CA 92121 Phone Number: 760-931 ~ 7700 ,Phone Number: 85.8-558-6900 Fax Number: -760-931-8680 Fax Number: 858-558-6159 E-mail: tlmc@odavconsultants.com E-mail: alvarado~Qeoconinc.com State Registration Number: 55381 State Registration Number: ijij1ijb Additional Comments: IMPROVEMENT VALUATION 1. What water district Is the proposed project.located in? ( check one) tzll Carlsbad Municipal Water District IC] Olivenhain Cl Vallecitos 2. If ln the Carlsbad Municipal Water District, what is the total cost estimate, including 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)? · $ N/A GRADING QUANTITIES cut N/A cy fill NIA cy remedial N/A cy import _NIA cy export N/A cy E-23 Page 1 of2 REV4/30/10 «~~ ~ CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Ser~ices Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov r bl Comolete all aoorooriate information. Write N/A when not aoo 1ca e. .. . .. . : ~··· . -: -' ::· .' FOR' CITY. USE ONL '(:;.;·. / .. ·. ·:; .. -' APPLICATION FOR Project·~ -Cf .. ~-~ I "Deposit/i='ees. -:'r,:·..-, .. ·_. Comrnents' ,;< ., .. . ( check all that apply) . . -l;O'. . NLS:lit ·_ , ,:·\. · J?_a,d:_~: _. : _ _.. '~-'. .. .-.-.::>-->. __ ::" . · : /·.· ... Cl Adjustment Plat (ADJ) CJ1 Certificate of Compliance (CE) Cll Dedication of Easement (PR) Type: .. Type: C] Encroachment Permit (PR) C]I Final Map (FM) Eil Grading Plancheck (DWG) Eil Improvement Plancheck (DWG) C] Parcel Map (PM) Cll Quitclaim of Easement (PR) Type: C] Reversion to Acreage (RA) [:JI Street Vacation (STV) Cll Tentative Parcel Map (MS) CD Certificate of Correction (CCOR) CD Cove~-of Easement (PR) ~bstantial Conformance .9Y6 Cr97-t;. -Exhibit (SCE) CII Trails CII < mile CII > mile g Other -. .. .. /·~; ,<: .. .. lltPPUCATI_ONACCEPTEDBY: · -... · . .-··. --DAtESTAMEf' .: · ,-', -,. •,,·_ vj..J-_ .< E-23 Page2 of2 REV 4/30/10 , Michael Baker INTERNATIONAL 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008 PROJECT MAP REVIEW COMPLETION The following project map have been reviewed and is recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: Carlsbad Oaks North CT 97-13 FM 97-13 1-90F9 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 6703 of the Business and Professions Code to determine that the map is found to be in substantial conformance ·with applicable codes and standards. Review of this project map does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed ___ ~---·-~--~--~--_""'-__ _ RCE 058089 Exp. 6/30/18 09-01-2016 Date I (L Cr 4, 7-1 /J lict~ )> CT l1t-B F~R GyP Consulting, Inc. PROJECT-PLAN REVIEW- COMPLETION The following project plans have been reviewed and are recommended for approval Project Name: CARLSBAD OAKS NORTH PHASE 2 Project No CT 97-13 Dwg No 41579J IMPROVEMENT PLAN Sheets No 1 -24- -.DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances -, 0N C)AV NO 4120) 4 Signed 3/31/07 Date IVI RCE 41204* Exp. 3/31/07 OF C 3764 Cavern Place Carlsbad CA 92010-6585 Ph 760-720-0500 Fx 760-720-2282 er ,,J" Form No. 14 CLTA Subdivision Guarantee (4-10-75) Fee: $150.00 No.: - SUBDIVISION GUARANTEE Subdivision: Carlsbad Oaks North Phase 3 First American Title Insurance Company a corporation GUARANTEES -Order Number: U-5112454 Page Number: 1 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 saic:I map are: Carl?bad Oaks North Partners, LP. a California limited partnership, as Owner The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3) (i) of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not required by the Governing body: City of Carlsbad, a municipal corporation, as holder of an easement recorded January 23, 2007, as Instrument No. 2007-0047586, of Official Records. The map hereinbefore referred to is a subdivision of: A PORTION OF LOT 181 OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: First American Title Insurance Compc1ny JRJECEIVED AUG 2 6 2016 LAND DEVELOPMENT ENGINEERING ct :r / · Form No. 14 -CLTA Subdivision Gl.larantee (4-10-75) -Order Number: U-5112454 Page Number: 2 BEGINNING AT THE NORTHWEST CORNER OF LOT 14 OF C.T. 97-13-02 ACCORDING TO MAP THEREOF NO. 15505, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 23, 2007 AS FILE NO. 2007-0047588, SAID POINT BEING ON THE NORTHERLY BOUNDARY OF A PUBLIC STREET AND UTILITY EASEMENT RECORDED JANUARY 23~ 2007 AS FILE NO. 2007-0047586, SAID POINT ALSO BEING ON A 56.00 FOOT RADIUS CURVE CONCAVEWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 106 39' 29" EAST; THENCE, ALONG SAID EASEMENT, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 181 ° 26' 49" AN ARC DISTANCE OF 177.34 TO THE SOUTHERLY BOUNDARY OF SAID EASEMENT AND THE BEGINNING OF A COMPOUND 836.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 54' 11" AN ARC DISTANCE OF 159.09; THENCE, LEAVING SAID SOUTHERLY BOUNDARY, NON-TANGENT TO SAID CURVE SOUTH 01° 47' 45" WEST 442.55 FEET; . THENCE SOUTH 43° 05' 5811 WEST 78.45 FEET TO A POINT ON THE BOUNDARY LINE OF MAP NO. 14926; THENCE, ALONG SAID BOUNDARY LINE, NORTH 77° 38' 20" WEST 113.76 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY LINE SOUTH 11 ° 17' 49" WEST 82.26 FEET; THENCE SOUTH 87° 08' 32" WEST 365.70 FEET; THENCE SOUTH 72° 37' 22" WEST 98.92 FEET; THENCE SOUTH 78° 26' 2911 WEST 72.00 FEET; THENCE, CONTINUING ALONG SAID BOUNDARY LINE, NORTH 11 ° 33' 31" WEST 194.52 FEET TO THE BEGINNING OF A TANGENT 786.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NOR,THERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 10' 04" AN ARC DISTANCE OF 43.46 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 84° 35' 1611 WEST 280.24 FEET; THENCE SOUTH 85° 29' 23" WEST 251.74·FEET; THENCE SOUTH 82° 04' 13" WEST 213.60 FEET; THENCE SOUTH 89° 43' 03" WEST 175.64 FEET TO THE BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45° 47' 04" AN ARC DISTANCE OF 291.67 TO THE BEGINNING OF A COMPOUND 263.95 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 15' 1211 AN ARC DISTANCE OF 203.87; THENCE NORTH 00° 14' 4111 WEST 240.75 FEET; THENCE NORTH 44° 08' 29" WEST 144.73 FEET; THENCE NORTH 19° 31' 49" WEST 131.99 FEET; THENCE NORTH 05° 21' 0511 EAST 57.20 FEET; THENCE NORTH 34° 27' 5811 EAST 197.57 FEET; THENCE NORTH 59° 57' 4011 EAST 70.09 FEET; THENCE SOUTH 79° 15' 22" EAST 175.81 FEET; THENCE SOUTH 51° 37' 1711 EAST 154.72 FEET TO THE BEGINNING OF A 183.02 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52° 02' 4911 AN ARC DISTANCE OF 166.25 TO THE BEGINNING Of A REVERSE 171.06 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 18' 35" AN ARC DISTANCE OF 108.40; THENCE SOUTH 67° 21' 31" EAST 137.39 FEET TO THE BEGINNING OF A 120;00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46° 37' 51" AN· ARC DISTANCE OF 97.66; THENCE NORTH 66° 00' 38" EAST 156.85 FEET; THENCE 'NORTH 45° 24' 0711 EAST 128.01 FEET; THENCE SOUTH 84° 16' 15" EAST 52.97 FEET; THENCE NORTH 20° 33' 1911 EAST 121.02 FEET; THENCE NORTH 47° 08' 06" EAST 406.15 FEET; THENCE SOUTH 89° 28' 01" EAST 876.72 FEET TO THE NORTHWEST CORNER OF MAP NO. 15505; THENCE, LEAVING THE BOUNDARY LINE OF SAID MAP NO. 14926 ALONG THE WEST LINE OF SAID MAP 15505, SOUTH 00° 31' 5911 WEST 420.80 FEET; THENCE, CONTINUING ALONG SAID WEST LINE, SOUTH 89° 28' 01" EAST 45.73 FEET; THENCE SOUTH 00° 31' 59" WEST 376.85 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 14; THENCE, ALONG SAID NORTH LINE, SOUTH 89° 09' 41" WEST 153.25 FEETTO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANTTO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. ADJ 09-05 RECORDED MARCH 15, 2016, AS INSTRUMENT NO. 2016-0113806 OF OFFICIAL RECORDS. Dated: August 11, 2016 First American Title Insurance Company ) Form No. 14 -CLTA Subdivision Guarantee (4-10-75) First Ameri<;:fln Title /nsl.france Company ~r//1~ Dennis J, Gilmore; Preisldent ~~~ -,,lelfre:,, -S, f-wtlnson Sr.icre,ary First American Title Insurance Company -Order Number: U-5112454 Page Number: 3 '.f Form No. 14 CLTA Subdivision Guarantee ( 4-10-75) Fee: $150.00 - SUBDMSION GUARANTEE First American Title Insura_nce Company, a California corporation GUARANTEES -Order Number: 2994227 Page Number: 1 Subdivision: MAP NO. The County of San Diego and any City within which said subdivision is located in a sum ndt exceeding $1,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: CARLSBAD OAKS NORTH PARTNERS, L.P., A CAUFORNIA UMITED PARTNERSHIP, AS RECORD OWNER The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3) (i) of the Subdivision Map Act. Their interest-is such that it cannot ripen into fee title and said signature is not required by the Governing body: City of Carlsbad , as holder of an easment for public street and public utility recorded January 23, 2007, as Instrument No. 2007-0047586, of Official Records. The map hereinbefore referred to is a subdivision of: A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. Dated: March 04, 2008 at 7:30 A.M. Ai-st American Title Insurance Company --., Form No.14 CLTA Subdivision Guarantee (4-10-75) Order Number: 2994227 Page Number: 2 .. ., {).t ,$ (/rl-" ·- A!TlS1' ~~ SlattDUU' Firs,t American Title Insurance Cqmpany ., -Form No. 14 CLTA Subdivision Guarantee (4·10-75), -Order Number: 2994227 Page Number: 3 SCHEDULE OF EXCLUSIONS FROM COVERA~E OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule-A of this Guarantee, the Company assumes no liability for loss or damage by reason .of the following: · (a) Defects, liens, encumbrances, adverse daims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or i:lssessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) {1) Unpatented mining claims; (2) reservations or exceptions in.patents or·in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights.or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result-in no loss to the Assured; or (3} which do not result in the invalidity or potential invalidity of any judicial or non·jt,1dicial proceeding which is within the scope and purpose of the assurances provided. (c) the identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any mi:ltter shown or referred to in this Guarantee. GUARANTEE CONDMONS AND fflPULAllONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the ~rty or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described-or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) flmortgage": mortgage, deed of tru~, trust deed, or other security instrument. (d) "public records" : records established-under state statutes at Date of Guarantee for the purpose of imparting constru<;tive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2; Notice of Claim to be Given by Assured Claimant. An.Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, anQ which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate-with regard to the manner or matters for which prompt notice is required; provicled, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by-the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action·or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecu~ Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or proseqite as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to.do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the·lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not.thereby ~oncede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as statedin Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and-shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by·an Assured in the defense of those causes of action which allege matters not covered.by this Guarantee. ( c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions· of this Guarantee, the Company may pursue.any litigation to finaldetermination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all-cases where this Guarantee permits the Company to prosecute or provide for the defense ofany action or proceeding, an Assured shall secure -to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and perrnlt the Company to use, at its option, the name of such Assured for this purpose. Whenever requested.by the Company, an Assµred, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the aqlon or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured. underthe Guarantee shall terminate. A'rst American Title Insurance Company •. Form No. 14 CLTA Subdivision Guarantee (4-10-75) s. Proof of Loss Damage. --Order Number: 2994227 Page Number: 4 In addition to and after the notices required under Section 2 of these Conditions and.Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters.covered by.this Guarantee which constitute the basis of loss cir damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the company's Qbligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall prOQuce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the company, pursuant to this Section .shalrnot be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested-information of grant permission to secure reasonably necessary information from third parties as required in·the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of _the company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Uablllty. In case of a claim under this Guarantee, the company shall have the following additional options: (a) To .Pay or Tender Payment of the Amount of Liability or to-Purchase the Indebtedness. The Company shall have the option to pay or 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 or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together With any costs, reasonable-attorneys' fees anq expenses incurred 'by the Assured clainialit which were authorized by the Company up to the time of purchase. 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, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the company of the option provided for in Paragraph {a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To-pay or otherwjse settle with other parties for or in the name of an Assured-claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided-for in Paragraph (b) the Company's oblig11tlon to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment.required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised it;s options under Paragraph 4. 'i. Determination and Extent of Uablllty, This Guarantee is a contract of Indemnity against actual monetary loss or-damage sustained or incurrec! by the Assured claimant who has suffered loss or damage by rea$>n of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee, · The Liability of the company under this Guarantee-to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and-the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation by the company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court; of competent.jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured-for liability vqluntarily assumed by the Assured in settiing any claim or suit without th~ prior written consent of the Company. . 9, Reduction of Llablllty or Termination of Uablllty, All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost.or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed-in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. First American Title Insurance Company .,. .. e Form No. 14 CLTA Subdivision Guarantee (4-10-75) -Order Number: 2994227 Page Number: 5 The Comp,my 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 the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the·name of the Assured in any transaction or litjgation involving these rights or remedies. If a payment on account of a daim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration ~ation. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shali be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. the award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law-of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13, Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or <;lamage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. ( c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,· a Vice President, the Secretary, and Assistant Secretary, or vali~atlng officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall .be addressed to the Company at. 2 First American Way, Bldg 2, Santa Ana, california, 92707. First American Title jnsurance Company • - RECEIVED APR 112008 ENGINEERING DEPARTMENT \ l -FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORMNO. l • SUBDIVISION GUARANTEE SUBDMSION: CARLSBAD TRACT NO. 97-13 CARLSJ3AD OAKS NORTH PHASE 1 ORDER NO.: 1255376-11 ·RECEIVED OCT 3.-1 2003 ENGINEERING DEPARTMENT FEE: $250.00 FIRST AMERICAN TITLE INSURANCE .COMP ANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDMSION 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 SUBDMSION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDMSION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, A VENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: CARLSBAD OAKS NORTH PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDMSION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY .THE GOVERNING BODY: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, HOLDER OF AN EASEMENT RECORDED JUNE 4, 1982 AS FILE NO. 82-171547 OF OFFICIAL RECORDS. BUENA SANITATION DISTRICT, A COUNTY SANITATION DISTRICT, HOLDER OF AN EASEMENT RECORDED DECEMBER 21, 1965 AS FILE NO. 229636 OF OFFICIAL RECORDS. SAN DIEGO GAS AND ELECTRIC COMP ANY, HOLDER OF AN EASEMENT RECORDED SEPTEMBER 12, 197-3 AS FILE NO. 73-256727 OF OFFICIAL RECORDS. CARLSBAD PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, HOLDER OF AN EASEMENT RECORDED MARCH 8, 1991 AS FILE NO. 1991-0103885 OF OFFICIAL RECORDS. • • THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: CARLSBAD TRACT NO. 97-13 CARLSBAD OAKS NORTH PHASE I BEING A SUBDIVISION OF THAT PORTION OF LOT "B" OF RANCHO AGUA, HEDIONDA, IN THE CITY OF CARLSBAD, 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. DATED: MAY 15, 2003 FIRST AMERICAN TITLE INSURANCE COMP ANY ROY P 0~ NCE -TITLE OFFICER DIR T DIAL 'PHONE -231-4652 FAX NO. 231-4647