HomeMy WebLinkAboutCUP 94-01; SHELL OIL; Conditional Use Permit (CUP)SH796
Cl1Y OP CARL.5BAD
LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLY) (FOR DEPT
USE ONLY)
D Master Plan D General Plan Amendment
0 Specific Plan D Local Coastal Plan Amendment
0 Precise Development Plan 0 Site Development Plan
0 Tentative Tract Map D Zone Change
0 Planned Development Permit u Conditional Use Permit 111-z;
D Non-Residential Planned Development D Hillside Development Permit
0 Condominium Permit ~ Environmental [mpact Assessment
0 Special Use Permit D Variance
D Redevelopment Perinit D Planned [ndustrial Permit
0 Tentative Parcel Map 0 Coastal Development Permit
0 Administrative Variance D Planning Commission Determination
D List any other applications not specificed
2) LOCATION OF PROJECT: ON THE lsoUTHWEST I SIDE OF I CARLSBAD VILLAGE I
(NORTH, SOUTH EAST, WES'D (NAME OF STREET)
BE1WEEN I PIO PICO I AND I I-5 I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I PORTION OF TRACT 11 5 OF THE TOWN OF CARSLBAD, MAP
775 FEBRUARY 1 5, 1894
4) ASSESSOR PARCEL NO(S). I 156-180-15 I
5) LOCAL FACILITIES I 1 16) EXIS11NG GENERAL PLAN I TS j n PROPOSED GENERAL PLAN I TS I MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXlS11NG ZONING I C-1 19) PROPOSED ZONING I C-1 j 10) GROSS SITE I .65 I ACREAGE
11) PROPOSED NUMBER OF CL] 12) PROPOSED NUMBER ~ 13) ~E OF SUBDMSION koMM.1 RESIDENTrAL UNITS OF LOTS
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXIS11NG RESIDENTIAL UNITS I ,ff I
1480 I 15) PROPOSED INDUSTRIAL I Jo j 16) PROPOSED COMMERCIAL
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ADDITION
. I
CITI OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 100
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS ~-± __ 3_]
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 0.01
20) PROJECT NAME: I SHELL OIL COMPANY
21) BRIEF DESCRIPTION OF PROJECT: SELF-SERVICE
CAR WASH TO EXISTIN
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF Cl1Y STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR Cl1Y COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPERTI THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
SIGNATURE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
SHELL OIL COMPANY TAIT & ASSOCIATES
MAILING ADDRESS MAILING ADDRESS
511 N. BROOKHURST 3665 RUFFIN ROAD SUITE 230
Cl1Y AND STATE ZIP TELEPHONE Cl1Y AND STATE ZIP
ANAHEIM, CA 92803 714/520-3376 SAN DIEGO CA 92123
TELEPHONE
619/278-1161
I CERTIFY nlAT I AM 11-IE LEGAL OWNER
ANO nlAT ALL 11-IE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE. .
FOR Cl1Y USE ONLY
FEE COMPUTATION:
APPLICATION TYPE
TOTAL FEE REQUIRED
DATE FEE PAID
FEE REQUIRED
I CERTIFY nlAT I AM nfE CEGAL OWNER'• REPRESENTATIVE AND
11-IAT ALL THE ABOVE INFORMATION IS TRUE AND CDRRECT TO nfE
BEST Of MY J<NOWUlDG!.
DATE
01/ou/q4
JAM 2 ? 1994
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
RECEIPT NO. j 5 3 (j; '5J'
•
PROJECT DESCRIPTION/EXPLANATION·
PROJECT NAME: SHELL OIL COMPANY
APPLICANT NAME: _T_A_I_T_&_A_s_s_oc_I_A_T_E_s ______________ _
Please describe fully the proposed project. Include any details neces~ary to adequately
explain the scope ar..:/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
THE ADDITION OF A COMPLETELY 738 SQ.FT. AUTOMATIC, SELF-SERVICE,
ACCESSORY CARWASH TO BE USED BY SHELL PATRONS LOCATED TO THE REAR
(SOUTHEND OF SITE) OF EXISTING SERVICE STATION.
REMOVAL-OF SERVICE BAYS AND-REMODEL TO INCLUDE A CONVENIENCE
STORE AND NEW FINISHES (EXTERIOR AND INTERIOR).
Rev. 4/91 ProjOeac.frm
• • City of Carlsbad
MR bi ,i h iii-i•l4·kiii i,t§ ,ii
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application. SHELL OIL COMPANY
511 N BROOKHURST
ANAHEIM, CA 92803
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
SHELL OIL COMPANY
511 N BROOKHURST
ANAHEIM, CA 92803
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses
of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the
partnership.
4. If any person identified pursuant to {1) or {2) above Is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of
the trust.
N/A
FRM0001 12/91 ~~~~~~~~~~~~~~~~......:....~~~~~~~~~~~-:--~--:--:-::-=---:--:-7-:--
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
• •
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes _ No ~ If yes, please indicate person(s) __________________ _
Person is defined u: 'Any individual, firm, copartnerthip, joint venture, uaoclatlon, social club, fraternal organization, corporation, estate, trust. receive ,
syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting u ll
unit'
(NOTE: Attach additional pages as necessary.)
Print or type name of owner
FRM0001 12/91
Pri t or type name of applicant
MARK A. HAYDEN
DIRECTOR, SAN DIEGO OFFICE
Transa.,rica Title Insurance 'i'llpany
4355 RUFFIN ROAD
SAN DIEGO, CALIFORNlA 92123
(619) S6S-8131
DATE SEPTEMBER 23, 1987
SHELL OIL COMPANY
1824 ALTOZANO DRIVE
EL CAJON, CALIFORNIA
ATTN: RICHARD ZANONI
YOUR NO. ELM AVE
ORDER NO. 6006612
--------------PRELIMINARY REPORT---------------
IN RESPONSE TD THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSANERICA TITLE
INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF,
A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER
SET FORTH, INSURING AGAINST LOSS WHICH NAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEH OR ENCUNBRANCE
NOT SHOWN OR REFERRED .TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FRON COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORN.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FRON THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN
EXHIBIT 1A1 ATTACHED. COPIES OF THE POLICY FORNS SHOULD BE READ. THEY ARE AVAILABLE FRON THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLENENTS OR ANENDNENTS THERETO} IS ISSUED SOLELY FDR THE PURPOSE OF FACILITATING
THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUNED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUNED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR CONNITNENT SHOULD
BE REgUESTED.
DATED AS OF 7:30 A.M. SEPTEMBER 15, 1987
(]r I/
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f !/ ~ // 1 ..,/ A ! . ,' ,. I: / i \ ..--J...~-:------'+----i,:·.i:;;.f ,'-c,;,· ..._, ... . .. , I
BILL FOSTER
(TITLE OFFICER>
Transam.,ca Title Insurance Ctf any
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE
POLICY -1973
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
C. J. HELTIBRIDLE AND MARGARET HELTIBRIDLE, HUSBAND
AND WIFE, AS COMMUNITY PROPERTY, AN UNDIVIDED ONE HALF
INTEREST AND RALPH H. SHICK AND MARJORIE A. SHICK, HUSBAND
AND WIFE AS JOINT TENANTS, AN·UNDIVIDED ONE HALF INTEREST,
AS TO PARCEL 1; RALPH H. SHICJ< AND MARJORIE A. SHICI<,
HUSBAND AND WIFE, AS JOINT TENANTS, AS TO PARCELS 2
AND 4, AND C. J. HELTIBRIDLE AND MARGARET HELTIBRIDLE,
HUSBAND AND WIFE, AS COMMUNITY PROPERTY, AS TO PARCEL
3.
F'AGE 2 6006612
:/ / / Transaerica Title Insurance impany
/,;"
./
//
r THE LAND REFERRED TO HEREIN. IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS
FOLLOvJS:
PARCEL 1:
ALL THAT PORTION OF TRACT 115, TOWN OF CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO AMENDED MAP OF TOWN OF CARLSBAD, MAP ND. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF ELM AVENUE,
NORTH 55°27' EAST 1016.98 FEET FROM THE MOST WESTERLY CORNER
OF SAID TRACT 115; THENCE NORTH 55°27' EAST ALONG ELM AVENUE
65.00 FEET; THENCE SOUTH 34°33' EAST 200.10 FEET; THENCE
SOUTH 55°27' WEST 65.00 FEET; THENCE NORTH 34°33' WEST
200.10 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY
CONVEYED TO THE CITY OF CARLSBAD IN DEED RECORDED JANUARY
6, 1964 AS FILE NO. 2073 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION DESCRIBED IN PARCEL 3F OF FINAL
ORDER OF CONDEMNATION RECORDED APRIL 24, 1970 AS FILE NO.
71236 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF TRACT 115, TOWN OF CARLSBAD, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE AMENDED MAP OF THE TOWN OF CARLSBAD, MAP
NO. 775 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF ELM AVENUE,
NORTH 55°27' EAST 941.98 FEET FROM THE MOST WESTERLY CORNER
OF SAID TRACT 115; THENCE NORTH 55°27' EAST ALONG ELM AVENUE
75 FEET, THENCE SOUTH 34°33' EAST 200.10 FEET; THENCE SOUTH
55°27' WEST 75 FEET; THENCE NORTH 34°33' .vJEST 200. 10 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY
-CONVEYED TO THE CITY OF CARLSBAD IN DEED RECORDED JANUARY
6, 1964 AS FILE NO. 2073 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION DESCRIBED IN PARCEL 3E OF FINAL
ORDER OF COND~MNATION RECORDED APRIL 24, 1970 AS FILE NO.
71236 OF OFFICIAL RECORDS.
PAF:CEL 3:
THE EASTERLY 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
PAGE 6006612
/ Transa,rica Title Insurance t,npany
THAT PORTION OF TRACT 115 OF THE TOWN-OF CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 775 FILED IN THE OFFICE OF THE RECORDER
OF SAN DIEGO COUNTY ON FEBRUARY 15, 1894, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY LINE
OF SAID TRACT 115, WHICH IS DISTANT THEREON NORTH 55°27~
EAST 941.98 FEET FROM THE MOST WESTERLY CORNER OF SAID
TRACT, WHICH POINT IS THE MOST NORTHERLY CORNER OF THAT
PARCEL OF LAND CONVEYED BY ELIZABETH SCHUTTE TO JOSEPH
CHARLES RAIL BY DEED DATED MAY 27, 1940 AND RECORDED MAY
29, 1940 IN BOOK 1028, PAGE 374 OF OFFICIAL RECORDS; THENCE
SOUTH 34°33~ EAST ALONG THE NORTHEASTERLY BOUNDARY LINE
OF THE PARCEL SO CONVEYED, 200 FEET; THENCE SOUTH 55°27~
WEST 100 FEET; THENCE NORTH 34°33~ WEST 200 FEET TO A POINT
IN THE NORTHWESTERLY BOUNDARY LINE OF SAID TRACT 115; THENCE
NORTH 55°27~ EAST ALONG SAID NORTHWESTERLY BOUNDARY LINE
100 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED MARCH 12, 1952 IN
BOOK 4400, PAGE 480 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE CITY OF CARLSBAD
IN DEED RECORDED JANUARY 6, 1964 AS FILE NO. 2073 OF OFFICIAL
RECORDS.
ALSO EXCEPTING THAT PORTION DESCRIBED IN PARCEL 3D OF FINAL
ORDER OF CONDEMNATION RECORDED APRIL 24, 1970 AS FILE NO.
71236 OF OFFICIAL RECORDS.
PARCEL 4:
THAT PORTION OF THE NORTHWESTERLY 200 FEET OF THE NORTHEASTEHLY
50 FEET OF THE SOUTHWESTERLY 891.98 FEET OF TRACT 115 OF
THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 775 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY FEBRUARY 15, 1894 LYING EASTERLY OF THE EASTERLY
LINE OF PIO PICO DRIVE AS DESCRIBED IN COURSE 11, 12 AND
13 IN PARCEL 5 RELINQUISHMENT TD CITY OF CARLSBAD RECORDED
JULY 26, 1954 IN BOOK 5312 PAGE 91 OF OFFICIAL RECORDS,
COUNTY RECORDER~s OFFICE, SAN DIEGO COUNTY.
EXCEPTING THAT PORTION CONVEYED TO THE CITY OF CARLSBAD
IN DEED RECORDED JANUARY 6, 1964 AS FILE NO. 2073 OF OFFICIAL
RECORDS.
PAGE 4
•
/
Transaa,rtca Title Insurance <t,ipany
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TD THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE
AS FOLLOLiJS:
1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable.
For Fiscal Year: 1987-88
2. GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1986-87
First Installment: $162.27 PAID
Second Installment: $162.27 PAID
Land Value : $30,740.00
Account No. : 156-180-15
Code Area No. : 09000
The above item affects: PARCEL 4
3. GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1986-87
First Installment: $498.04 PAID
Second Installment: $498.04 PAID
Land Value $76,328.00
Account No. : 156-180-26
Code Area No. 09000
The above item affects: PARCEL 2
4. GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1986-87
First Installment: $174.54 PAID
Second Installment: $174.54 PAID
Land Val Lte
Account No.
Code Area No.
: $24,592.00
156-180-28
: 09000
The above item affects: PARCEL 1
5. GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1986-87
First Installment : $379.71 PAID
Second Installment: $379.71 PAID
Land Value : $65,198.00
Account No. : 156-180-30
Code Area No. 09000
The above item affects: PARCEL 3
6. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5, REVENUE AND TAXATION CODE,
SECTIONS 75 ET SEQ.
7. "WATER RIGHTS, CLAIMS DR TITLE TO WATER, l,,JHETHER OR NOT
SHOLiJN BY THE PUBLIC RECORDS, 11
PAGE 5 6006612
Transa.rica Title Insurance ~pany
8. EASEMENT, and incidents thereto,
In Favor of : COUNTY OF SAN DIEGO
Recorded, Official Records: JANUARY 9, 1934
Book/Reel : 264
Page/Image : 226
Purpose : DRAIN PIPE LINE
Affects : SOUTHWESTERLY 10 FEET OF PARCEL 2
9. UNRECORDED LEASE, on the conditions and provisions contained
therein,
Lessor : C.J. HELTIBRIDLE AND MARGARET HELTIBRIDLE,
AND RALPH H. SHICK AND MARJORIE A. SHICK
Lessee : SHELL OIL COMPANY, A CORPORATION
Disclosed By: MEMORANDUM OF LEASE
Recorded, Official Records: FEBRUARY 27, 1964
Series/Instrument No.: 36514
The above item affects: A PORTION OF SAID LAND
AND AS MODIFIED AND AMENDED BY AN INSTRUMENT ENTITLED
MEMORANDUM OF LEASE AS AMENDED RECORDED MAY 7, 1970, AS
FILE NO. 79029.
The above item affects: THAT PORTION OF TRACT 115 OF THE
TOWN OF CARLSBAD, IN THE CITY
OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, FEBRUARY
15, 1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY
LINE OF ELM AVENUE, NORTH 55°58=' 0311
EAST 1081.98 FEET FROM THE MOST
WESTERLY CORNER OF SAID TRACT
115, BEING THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN
DEED TO THE CITY OF CARLSBAD,
RECORDED JANUARY 6, 1964 AS DOCUMENT
NO. 2073 OF OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARY OF SAID
LAND SOUTH 34°01='5711 EAST -RECORD
SOUTH 34°38'40" EAST -2.00 FEET
AND SOUTH 55°58!'03" WEST -RECORD
SOUTH 55°21'2011 WEST -39.92 FEET
TO THE TRUE POINT OF BEGINNING
AND BEING THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 37.00 FEET~ A RADIAL
LINE TO SAID POINT BEARS NORTH
15°08' 26 11 WEST; THENCE NORTHEASTEF:L Y,
SOUTHERLY AND SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE
OF 103°26'56" A DISTANCE OF 66.80
PAGE 6 6(H)6612
/.
Transa.rica Title 1n·surance ct,npany
FEET TO A POINT OF COMPOUND CURVATURE
A RADIAL LINE TO SAID POINT BEARS
NORTH 88°18'30" EAST; THENCE SOUTHEASTERLY
ALONG A CURVE HAVING A RADIUS
OF 170.00 FEET THROUGH A CENTRAL
ANGLE OF 15°11'30" A DISTANCE
OF 45.07 FEET; THENCE SOUTH 13°30'0011
WEST TANGENT TO SAID CURVE 151.46
FEET; THENCE NORTH 89°39'07" WEST
78.54 FEET TO THE EASTERLY BOUNDARY
OF SAID CITY OF CARLSBAD LAND
MENTIONED ABOVE, THENCE ALONG
THE BOUNDARY OF SAID LAND NORTH
12°33'07" WEST -RECORD NORTH
13°09'5011 WEST -36.07 FEET TO
AN ANGLE POINT THEREIN; THENCE
CONTINUING ALONG SAID BOUNDARY
NORTH 09°59' 27" WEST 11 7. 91 FEET
-RECORD NORTH 10°36'10" WEST 117.93
FEET -TO A TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 10
FEET; THENCE NORTHERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 65°57'30 11
A DISTANCE OF 11.51 FEET AND NORTH
55°58' 0311 EAST -RECORD NORTH 55°21 '2011
WEST -115.74 FEET TO THE TRUE
POINT OF BEGINNING.
10. LACK OF RIGHTS of access, said rights having been condemned
by Final Decrees of Condemnation,
In favor of: STATE OF CALIFORNIA
Court : SUPERIOR COURT
Case No. : 308287
Decree Recorded, Official Records: APRIL 24, 1970
Series/Instrument No.: 71236
The above item affects: THE NORTHEASTERLY AND EASTERLY
SIDE OF SAID LAND ADJOINING PIO
PICO DRIVE
11. EASEMENT, and incidents thereto,
In Favor of: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
Recorded, Official Records: JUNE 4, 1974
Series/Instrument No.: 74-147449
Purpose : UNDERGROUND FACILITIES AND ABOVEGROUND STRUCTURES
Affects THAT CERTAIN STRIP OF LAND 5.00 FEET IN WIDTH,
LYING ADJACENT TO, CDNTIGOUS WITH AND SOUTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF
PARCEL 11 A11 , AS SHOWN ON PARCEL MAP NO. 1007,
FILED SEPTEMBER 25, 1972 AT FILE NO. 256552
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH
34°00'00" WEST FROM THE MOST EASTERLY CORNER
PAGE 7
Transamerica Title Insurance ~pany • • •
THEREOF; THENCE NORTH 85°50~53" WEST, 201.93
FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
ELM AVENUE, SAID POINT BEING THE TRUE POINT
OF BEGINNING OF THE LINE HEREIN DESCRIBED;
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH
55°58~03" WEST, 9.00 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE NORTH 55°58~0311 EAST, 2.00 FEET.
The above item affects: PORTION OF PARCEL 2
PAGE 8 6006612
• AMENDMENT TO EXHIBIT "A"
to
PRELIMINARY REPORT
Paragraphs 5, 7 and 9 of Part I of Schedule B of the California Land Title
Association Standard Coverage Policy -1973 are hereby amended to read as follows:
,rm No. 1064
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, whether or not the matters excepted under (a),
(b) or (c) are shown by the public records.
7. Any law, ordinance or governmental regulation (including 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 hereafter
erected on the land, or prohibiting a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land
is or was a part, whether or not shown by the public records at Date
of Policy, or the effect of any violation of any such law, ordinance
or governmental regulation, whether or not shown by the public records
at Date of Policy.
9. Defects, liens, encumbrances, adverse claims, or other matters (a)
whether or not shown by the public records at Date of Policy, but creat~d,
caused, 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 disclosed in writing by the
insured claimant to the Company prior to the date such insured claimant
became an insured hereunder; (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy;
or (e) resulting in loss or damage which would not have been sustained
if the insured claimant had been a. purchaser or encumbrancer for value
without knowledge.
mendment to Exhibit "A"
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CHANGES
--;---·-+---t-' ' -~-+-~--:
-·-~---,----:
i ·---.... ------r-.-----· -. ---... ·-··---,---
·--+--- . --·---
--· --··· -·-·--· ' '
/
MfyV16:i1 -CAP.LSbAD LANDS -POR TCTS 115. 117 & 119
,,)--MAP 775( 535> -10\'IN OF CARLSBAD AMENDED)
I . ., .. ~
•
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•
··rransamer181 Transamerica
Title Insurance Company
Title Services
r She 11 Oi 1 Company -,
Date: November 19, 1987
L
1824 Altozano Drive
El Cajon, Ca. Order No.: 6006612 Attn: Mr. Richard Zanoni
.J Your No.: Elm Ave.
SUPPLEMENTAL REPORT
The above numbered report, dated as of September 15 , 19--8L, (including any supplements or amend-
ments thereto) is hereby modified and/or supplemented in order to reflect the following:
Please add the following Item 12 to the above referenced Title Report:
Item 12: Agreement, on the terms and conditions contained therein;
Purpose: Payment of Fees for Facilities and Improvements
Dated: October 7, 1987
Executed by: The City of Carlsbad, and Shell Oil Company
Recorded: November 17, 1987
Instrument No.: 87-642299
wJ.1¥
Copies to:
Title Officer
William L. Foster, Title Officer
Special Projects Division
•
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, California 92108
Issuing Policies of
riil Commonwealth. ~ Land Title Insurance Company
Tait & Associates
3665 Ruffin Road
Suite 230
San Diego, California 92123
Attn: Susan Tague
Your Ref: Job #SH 769
•
Our No: 965333-4 ·
Title Officer:
Larry Vinti (619) 686-2140
PRELIMINARY REPORT
Dated as of February_ 27, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Prelimiruuy Report Fonn (Rev. 11/18/82) ' \ ..
\ ..... .J I
965333
Page 2 ·
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SCHEDULE A
The form of policy of title insurance contemplated by this report is:
Preliminary Report Only
•
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcels 1 through 4, and
A Leasehold Estate created by that certain lease dated February 12, 1963, executed by C.J.
Heltibridle, et al, as lessor, and by Shell Oil Company, a corporation, as lessee, for a term
of undisclosed year, recorded February 27, 1964 as File No. 36514 and amended May 7,
1970 as File No. 79029, both of Official Records, upon the terms, covenants, and
conditions provided in an unrecorded lease therein referred to, as to Parcel 5
Title to said estate or interest at the date hereof is vested in:
Ralph H. Shick and Marjorie A. Shick, husband and wife as joint tenants, as to Parcel
1; C.J. Heltibridle, a.married man, as to Parcel 2;. Ralph H. Shick and Marjorie A.
Shick, husband and wife as joint tenants, as to Parcel 3; C.J. Heltibridle, a married
man, as to an undivided 1/2 interest as to Parcel 4; Ralph H. Shick and Marjorie A.
Shick, husband and wife as joint tenants, as to an undivided 1/2 interest, as to Parcel
4; Shell Oil Company, a corporation, as to Parcel 5
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev. 11/18/82)
I_
965333
Page 3
Parcel 1:
• '
EXIIlBIT "I"
That portion of the Northwesterly 200 feet of the Northeasterly 50 feet of the Southwesterly
891.98 feet of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 775, filed in the Office of the
County Recorder of San Diego County, February 15, 1894, lying Easterly of the Easterly
line of Pio Pico Drive as described in course (11), (12) and (13) in Parcel 5 of
Relinquishment to City of Carlsbad recorded July 26, 1954 in Book 5312, Page 91 of
Official Records, in the Office of said County Recorder.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073 of Official Records.
Parcel 2:
The Easterly 50 feet of the following described property:
That portion of Tract 115 of the Town of Carlsbad, in the City of Carls~ad, County of San
Diego, State of California, according to Map thereof No. 775 filed in the Office of the
County Recorder of San Diego County, on February 15, 1894 described as follows:
Beginning at a point on the Northwesterly boundary line of said Tract 115, which is distant
thereon North 55°27' East 941.98 feet from the most Westerly comer of said Tract, which
point is the most Northerly comer of that parcel of land conveyed by_ Elizabeth Schutte to
Joseph Charles Rail by deed dated May 27, · 1940 and recorded May 29, 1940 in Book
1028, Page 374 of Official Records; thence South 34°33' East along the Northeasterly
boundary line of the parcel so conveyed, 200 feet; thence South 55°27' West 100 feet;
thence North 34°33' West 200 feet to a point in the Northwesterly boundary line of said
Tract 115; thence North 55°27' East along said Northwesterly boundary line 100 feet to the
point of beginning.
Excepting therefrom that portion thereof conveyed to the State of California by deed
recorded March 12, 1952 in Book 4400, Page 480 of Official Records.
also excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964, as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3D in
that Final Order recorded April 24, 1970 as File No. 71236, of Official Records.
Parcel 3:
CLTA Pre.1.imiruuy Report Form (Rev. 11/18/82)
965333
·Page 4
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All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to the amended Map of the Town of Carlsbad, Map
No. 775 filed in the Office of the Recorder of San Diego County, February 15, 1894,
described as follows:
Beginning at a point on the Southerly line of Elm Avenue, North 55°27' F.ast, 941.98 feet
from the most Westerly comer of said Tract 115; thence North 55°27' F.ast along Elm
Avenue 75 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 75 feet;
thence North 34°33' West 200.10 feet to the point of beginning.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3E of
that Final Order recorded april 24, 1970 as File No. 71236, of Official Records.
also excepting therefrom that portion which lies within Parcel Map No. 3598, filed.in the
Office of the County Recorder.
Parcel 4:
All that portion of Tract 115, Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to amended Map of Town of Carlsbad, Map No. 775,
filed in the Office of the County Recorder of San Diego County, February 15, 1894,
described as follows:
Beginning at a point on the Southerly line of Elm Avenue, North 55°27' East 1016.98 feet
from the most Westerly comer of said Tract 115; thence North 55°27' F.ast along Elm
Avenue 65.00 feet; thence South 34°33' East 200.10 feet; thence South 55°27' West 65.00
feet; thence North 34°33' West 200.10 feet to the point of beginning.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded
January 6, 1964 as File No. 2073, of Official Records.
Also excepting therefrom that portion condemned by the State of California in Parcel 3F of
that Final Order recorded April 24, 1970 as File No. 71236, of Official Records.
Also excepting therefrom that portion which lies within Parcel Map 3598.
Parcel 5:
That portion of Tract 115 of the Town of Carlsbad, in the City of Carlsbad, in the County
of San Diego, State of California, according to Map thereof No. 775, filed in the Office of
the County Recorder of said County, February 15, 1894, described as follows:
CLTA Preliminazy Report Fonn (Rev. 11/18/82)
965333
Page 5
'
Beginning at a point on the Southerly line of Elm Avenue, North 55°58'03" East 1081.98
feet form the most Westerly comer of said Tract 115; being the most Northerly comer of
the land described in Deed to the City of Carlsbad, recorded January 6, 1964 as Document
No. 2073 of Official Records; thence along the boundary of said land South 34 °01 '57" East
= record South 34°38'40" East -2.00 feet and South 55°58'03" West -record South
55°21 '20" West -39.93 feet to the true point of beginning and being the beginning of a
non-tangent curve concave Southwesterly having a radius of 37. 00 feet, a radial line to said
point bears North 15°08'26" West; thence Northeasterly, Southerly and Southwesterly
along said curve through a central angle of 103°26'56" a distance of 66.80 feet to a point
of compound curvature a radial line to said point bears N:orth 88°18'.30" East; thence
Southeasterly along a curve having a radius of 170.00 feet through a central angle of
15°11'30" a distance of 45.07 feet; thence South 13°30'00" West tangent to said curve
151.46 feet; thence North 89°39'07" West 78.54 feet to the Easterly boundary of said City
of Carlsbad land mentioned above; thence along the boundary of said land North 12°33'07''
West -record North 13°09'50" West -36.07 feet to an angle point therein; thence
continuing along said boundary North 09°59'27" West 117.91 feet -record North
10°36'10" West 117.93 feet -to a tangent curve concave Easterly having a radius of 10
feet; thence Northerly along said curve through an angle of 65°57'30" a distance of 11.51
feet and North 55°58'03" East -record North 55°21'20" West -115.74 feet to the true
point of beginning.
CLTA Prelimiruuy Report Form (Rev. 11/18/82)
965333
Page 6
SCHEDULE B
'
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Geperal and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total:
First Installment:
Penalty:
Second Installment:
Penalty:
$1,224.54
612.27 Delinquent
61.23
612.27 Not Paid
71.23
Homeowners' Exemption: $none
Code: 09000
Parcel: 156-180-26-00
Affects: Parcel 3 and a portion of Parcel 5
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total:
First Installment:
Penalty:
Second Installment:
Penalty:
$442.34
221.17 Delinquent
22.12
221.17 Not Paid
32.12
Homeowners' Exemption: $none
Code: 09000
Parcel: 156-180-15-00
Affects: Parcel 1 and a portion of Parcel 5, with other property
C. General and special taxes for the fiscal year 1993-1994 have been paid, including
personal property taxes, if any.
Total:
First Installment:
Second Installment:
$477.44
238.72
238.72
CLTA Preliminary Report Form (Rev. 11/18/82)
965333
Page 7
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Homeowners' Exemption: $none
Code:
Parcel:
Affects:
09000
156-180-28-00
Parcel 4 and a portion of Parcel 5
D. General and special taxes for the fiscal year l 993~ 1994 have been paid, including
personal property taxes, if any.
Total:
First Installment:
Second Installment:
$946.62
473.31
473.31
Homeowners' Exemption: $one
Code:
Parcel:
Affects:
09000
156-180-30-00
Parcel 2 and a portion of Parcel 5, with other property
E. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75,. et seq. of the Revenue and Taxation Code of the State of California.
1. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Puipose:
Recorded:
Affects:
County of San Diego
drain pipe line
January 9, 1934 in Book 264, Page 226 of Official Records
Southwesterly 10 feet Parcel 3
2. An unrecorded lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Type of Lease:
Dated:
Lessor:
Lessee:
Term:
Disclosed by:
Real Estate
February 12, 1963
C.J. Heltibridle, et al
Shell Oil Company, a coiporation
unknown
Memorandum of Lease, recorded February 27, 1964 as File No.
36514, of Official Records
CLTA Preliminary Report Fonn (Rev. 11/18/82)
965333
Page 8
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Said lease was modified by an instrument executed by and between
As Lessor:
As Lessee:
Recorded:
Affects:
C.J. Heltibridle, et al
Shell Oil Company, a corporation .
May 7, 1970 as File No. 79029, of Official Records
Parcels 3-, 4 and a portion of Parcels 1 and 2
The interest under said lease is reported elsewhere in this report.
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company,
a corporation
public utilities, ingress and egress
June 4, 1974 as File No. 74-147449, of Official Records
that certain strip of land 5.00 feet in width, lying adjacent to,
contiguous with and Southeasterly of the following described line:
Commencing at the most Northerly comer of Parcel "A", as shown on
Parcel Map no. 1007, filed September 25, 1972 at File No. 256552 in
the Office of the County Recorder of said County of San Diego, said
comer bears North 34°00'00" West from the most Easterly comer
thereof; thence North 85°50'53" West, 201.93 feet to a point on the
Southeasterly line of Elm Avenue, said point being the true point of
beginning of the line herein described; thence from said true point of
beginning South 55°58'03" West, 9.00 feet.
Also: Beginning at said true point of beginning; thence North
55°58'03" :East, 2.00 feet.
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
4. The effect of any failure to comply with the terms, covenants, conditions, and
provisions of the lease described or referred to in Schedule A.
5. Any facts, rights, interests, or claims which are not shown by the public records but
which could be ascertained by making inquiry of the lessors in the lease described or
referred to in Schedule A. ·
6. Any defect in or invalidity of, or other matter relating to the leasehold described in
Schedule A which would be disclosed by an examination of the unrecorded lease described
or referred to in Schedule A.
CLTA Preliminary Report Fonn (Rev. 11/18/82)
965333
Page 9
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7. The interest the spouse, if any, of the Vestee herein may have in said land.
Affects: C.J. Heltibridle
8. Before issuing its policy of title insurance, this Company will require evidence,
satisfactory to the Company, that the vestee corporation named herein:
(a) was duly incorporated on the date of acquisition of title hereinafter set forth and
(b) is now of good standing in the state where it was formed:
Date of Acquisition: May 7, 1970
9. This Company will require a corporate resolution of the board of directors from the
corporation(s) vested herein, authorizing this transaction and the execution of the documents
necessary to complete it in accordance with instructions given to . the Company.
Affects: Shell Oil Company
CLTA Preliminary Report Form (Rev. 11/18/82)
965333
Page 10
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Note No. 1: AS OF JANUARY 1, 1990, CHAPI'ER. 598, CALIFORNIA STATUTES OF
1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. TIIE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAW AL BY TIIE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY.CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY
UPON DEPOSIT.
CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT.
ALL OTIIER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURS&IBNT OF
FUNDS ON THIS ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF TIIE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNION BANK
530 "B" STREET
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 2: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements will be as follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold will be in addition to the verbal
hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 3: Requirement that this Company be furnished with a copy of any supplemental
tax bills now in existence which are not reflected on this report.
CLTA Prelimiruuy Report Fonn (Rev. 11/18/82)
965333
Page 11
• '
Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax
amount plus delinquency amount until 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the cancelled check-can be provided to us, this
requirement can be waived.
Note No. 5: If any deed of trust in favor of "Private Parties" is to be omitted from our
policy of title insurance, we will require that the original note, deed of trust and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA P:relimiruuy Report Form (Rev. 11/18/82)
• EXHIBIT "A" ' LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which arise
by reason of :
l. (al Any law, ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances. or regulations) restricting, regulating. prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
;eparation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b}Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded m the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(bl not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of the insured claimant became an insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy or;
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage land is based
upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender. by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE (SCHEDULE B · PART I)
. This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by
persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
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, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
l. (a) Any law, ordinance or govei:nmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance 'resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b )Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of the insured claimant became an insured under this policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a j4dgement or lien creditor.
Form 2210-6 (Rev. 8-93) (Continued on back)
;j ,,· 'I
LEFT ELEV A TION
(EAST)
RIGHT ELEV A TION
(WEST)
FRONT ELEVATION
{NORTH)
REAR ELEV A TION
(SOUTH) [m-~~ .. , __ -·· __ ,,
11•11,-,, ..
TAIT & ASSOCIATES INC.
SHELL OIL COMPANY
HOUSTON, TEXAS
R!,t,A,?0::,!...;:,0 ~ f:l.1"Vl>j'I~!,
I 145 CARLSBAD VILLAGE OR.
CARLSBAD, CA.
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SICE ELEVATION
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SOUTH REVERSED
Gu®OO
SIOE ELEV A TION
(EAST, FREEWAY 1'-s,
WEST REVERSED
STREET ELEV A TION
(EAST, PIO PICO DR,)
STREET ELE\lATION
(NOfiTH, CARLSBAD VILLAt.E DR,) [~.~~ ~·-• ~ .. u llll)Ji.., ...
TAIT A ASSOCIATES INC.-
SHELL OIL COMPANY
HOUSTON, TEXAS
~1-"<?0Eo:.-i:.o OI-IOPt ~evt>-p&N1
I 145 CARLSBAD Vil.LAGE DR.
CARl.S8AD, CA.
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LEFT ELEVATION ' --'ra.L.'"'Wf"'El7-L c,,,.,.:a.1,,.,i.i,,JC..ccr
(SOUTH) FRONT ELEVATION
{EA.ST)
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RIGHT ELEVATION --,aJei,,J "'IS'>,LP,..f...i~L. Wl'IIY.t...j REAR ELEVTIAi~ ~~; I (NORTH) (WEST)
TAIT & ASSOCIAT[S INC.
UIIIIU 11111111 11 ,1,1 @I SHELL OIL COMPANY
HOUSTON, TEXAS
NEW CAAWA$.i E,L.l::VATION'o
I 145 CARLSBAD VILLAGE OR.
CARLSBAD, CA.
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CARLSBAD VILLAGE DRIVE
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