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HomeMy WebLinkAboutHDP 88-10; VON DER AHE; Hillside Development Permit (HDP)ity of Carlsbad /075 LarPTas Drive C.rls&ad, 'CA 92009 438-1161 PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM One Single Family Home: No Char All Other Applications Based on Project Site Size: 0 - I Acres 50.00 0 -10 Acres 100.00 10 - 100 Acres 200.00 > 100 Acres 400.001 Complete Description of Project (attach additional sheets if necessary) Plaza Paseo Real ..ocation of Project Northwest corner of Alga Road and El Camino Real 'ermit/FiIe Numbers Associated with this Project SDP 86-11(a) egál Description (complete) see attached ..ocal Facility Management Zone Assessors Parcel Number 23 (to be changed to.6) 215-050-60(portion) C General Plan Existing Land Use RD-.M RM Vacant 'roposed Zone Proposed General Plan . Site Acreage R-P(Q) No change .O262 Owner Applicant lame (Print or Type) Name (Print or Type) Joseph and Noreen Levatino Carlsbad RetailAssociates sailing Address Mailing Address 22121 Malibu Lane 1601 Dove Street, Suite 242 ;ity and State Zip Telephone ..City and State . Zip Telephon Huntington Beach CA (714)962-5215 Newport Beach- 92660 (714)752-6628 CERTIFY THAT I AM THE LEGAL OWNER .1 CERTIFY THAT I AM THE OWNER'S ND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL S TRUE AND CORRECT TO- THE BEST OF THE ABOVE INFORMATION IS TRUE Y KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. lGNATURE)MJ7 ATE IGN49Ct)E DATE S hjAplicatio-n Rec'd. Received By Fees Received Receipt No. 0 ROJECT NUMBER (S) oPIO ___ Transama Title Insurance Corany ; 4355 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 (619) 565-8131 DATE MAY 25, 1988 ORDER NO. 6007816 TRPINSAMER I CA TITLE INSURANCE COMPANY SANTA ANA, CALIFORNIA ATTN: JIM PRASCH YOUR NO. 8810303 ------PRELIMINARY REPORT-- IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSAMERICA 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 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. THE PRINTED EXCEP1IONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT 'Am 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 THERETO) 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 REDUESTED. DATED AS OF 7:30 A.M. MAY 19, 1988 -G4NGE0 - - - - L40 RETTA (TITLE OFFICER) 0 00 Transamca Title Insurance Copany 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: JOSEPH V LEVATINO AND NOREEN L LEVATINO HUSBAND AND WIFE AS COMMUNITY PROPERTY. PAGE 2 6007916 'TransaOerica Title Insurance ipany THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA N COUNTY OF SAN DIEGO., CITY OF (UNINCORPORATED AREA)v AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26., TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING 111.THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 890 17 7 41 EAST, 53.82 FEET TO A POINT IN THE ARC OF A 7045.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POiNT BEARS SOUTH 57 0 37'43" WEST, SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 10, 1970, AS DOCUMENT NO. 121184, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING DRAWN CONCENTRIC WITH AND DISTANT 45.00 FEET SOUTHWESTERLY MEASURED RADIALLY FROM THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID 7045.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 0 0 38"51" A DISTANCE OF 79.62 FEET; THENCE TANGENT TO SAID CURVE SOUTH 33001?08t EAST, 1045.87 FEET -DEED EQUALS SOUTH 33 000'41 - EAST, 1045.81 FEET- TO THE BEGINNING OF A TANGENT 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 0 13'17" A DISTANCE OF 559.13 FEET TO A POINT IN THE ARC OF SAID CURVE TO' WHICH A RADIAL LINE BEARS NORTH 7501209 EAST; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ROAD SURVEY NORTH 89 0 15'32" WEST, 890.55 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID WEST LINE NORTH 0 0 03'33 - WEST, 1441.19 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM AN UNDIVIDED ONE-HfLF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE ANY RIGHT OF GRANTOR TO MADE A SURFACE ENTRY FOR THE PURPOSE OF -EXPLORING FOR OR EXTRACTING ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND, BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILLIGAN, A WIDOW, BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS. THE IN1EREST OF CLAUD1E MAY MILLIGAN, A WIDOW HAS SINCE PASSED TO CLAUDIE MAY MILLIGAN, A WIDOW, AND ETHEL BERNICE FENWICK, A MARRIED WOMAN, MOTHER AND DAUGHTER, AS JOINT TENANTS BY DEED RECORDED JANUARY 29, 1957 BOOK 6436 PAGE 500 OFFICIAL RECORDS. PAGE 3 6007816 • Transamericaitle Insurance Compa ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POL AS FOLLOWS: 1.. GENERAL AND SPECIAL TAXES, a Lien, not yet due and pa For Fiscal Year: 1988-89 2. GENERAL AND SPECIAL TAXES, as +ollows: For Fiscal Year : 1987-88 First Installment : $1,449.07 PAID Second Installment: $1 1 449.07 PAID Land Value : $276117.00 Account No : 215-050-60 Code Area No. : 62010 3. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PUP TO THE PROVISIONS OF CHAPTER 3 5., REVENUE AND TAXATION CC SECTIONS 75 ET SEQ. 4. EASEMENT, and incidents thereto, In Favor of : SAN DIEGO CONSOLIDATED GAS & ELECTRIC COMP A CORPORATION Recorded, O+ficial Records: FEBRUARY 16 1920 Book/Reel : 798 Page/Image : 245 DEEDS Purpose : POLES AND CROSS-ARMS THEREON., AND OF STRINE AND PLACING UPON SUCH POLES AND CROSS-ARMS WIRES FOR THE TRANSMISSION OF ELECTRIC CURF FOR ALL PURPOSES acts : THE NORTHERLY 4 FEET OF THE NORTHWEST QUAR OF THE NORTHEAST QUARTER OF SECTION 26, TO 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MER 5. EASEMENT ro SAN DIEGO GAS & ELECTRIC COMPANY AS CON IN GRANT DEED FROM GEORGE THEBO, A WIDOWER TO LINELONG TI A SINGLE MAN RECORDED OCTOBER 8, 1936 BOOK 580 PAGE 81 01 RECORDS. SAID EASEMENT AFFECTS THE NORTHERLY 4 FEET OF LAND. 6. EASEMENT, and incidents thereto, In Favor o+ : SAN DIEGO GAS & ELECTRIC COMPANY Recorded, O++icial Records: DECEMBER 9, 1953 Book/Reel : 5071 Page/Image : 317 Purpose : TRANSMISSION AND DISTRIBUTION OF ELECTRICI A LINE OR INDEPENDENT LINE OF POLES OR STE TOWERS OR POLES, AND WIRES OR CABLES SUSPE THEREON A-f +ects : A STRIP OF LAND 200.00 FEET IN WIDTH, THE LINE OF SAID RIGHT OF WAY SHALL BE PARALLE WITH AND 50 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE 150 FEET NORTHE PAGE 4 Transamca Title Insurance Copany MEASURED AT RIGHT ANGLES OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 25 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 337.63 FEET SOUTHERLY FROM THE CENTER OF SAID SECTION 25; THENCE NORTH 6107'53" WEST 6209.55 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 26 DISTANT THEREON 124.16 FEET WESTERLY FROM THE QUARTER CORNER COMMON TO SECTIONS 23 AND 26 OF SAID TOWNSHIP AND RANGE.. SAID EASEMENT ADDITIONALLY GRANTS TO SAN DIEGO GAS & ELECTRIC, THE RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED, ANY AND ALL TREES ADJACENT TO SAID RIGHT OF WAY FOR A DISTANCE OF 20 FEET FROM THE EXTERIOR LINES OF SAID RIGHT OF WAY STRIP, TO SUCH HEIGHTS AS IN THE JUDGMENT OF THE GRANTEE, ITS SUCCESSORS OR ASSIGNS, SHALL BE REASONABLY NECESSARY FOR THE PROPER CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID ELECTRIC TRANSMISSION LINE OR LINES BUT AT NO POINT OUTSIDE THE RIGHT OF WAY STRIP TO A HEIGHT OF LESS THAN 30 FEET.. 7.. EASEMENT, and incidents thereto, In Favor oF : THE SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded, Of+icial Records: JUNE 13, 1960 Series/Instrument No.: 120216 Purpose : FOR THE TRANSMISSION AND DISTRIBUTION OF GAS AND FOR ALL PURPOSES CONNECTED THEREWITH, A LINE OR LINES OF PIPE, TOGETHER WITH ALL THE FIXTURES, EQUIPMENT AND APPURTENANCES TOGETHER WITH THE RiGHT OF INGRESS THERETO AND EGRESS THEREFROM A++ects : A STRIP OF LAND 30.00 FEET IN WIDTH, THE DESCRIBED LINE OF SAID EASEMENT THROUGH THE ABOVE DESCRIBED PROPERTY IS 50 FEET WESTERLY AND SOUTHWESTERLY FROM AND PARALLEL WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO.. 682, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY OF SAN DIEGO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY LINE OF SAID SECTION 26, DISTANT THEREON SOUTH 89°53 40" EAST, 65.26 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 26; THENCE FROM SAID POiNT OF BEGINNING, SOUTH 33 0 207 45 11 EAST (RECORD SOUTH 33 0 35 7 30" EAST, A DISTANCE OF 1042.82 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1950.0 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 025'30 1', PAGE 5 6007816 Transämca Title Insurance Copany A DISTANCE OF 865.31 FEET; THENCE SUTH 7-55'15 3' EAST (RECORD SOUTH 810' EAST)l TANGENT TO SAID CURVE, A DISTANCE OF 1721.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1930.0 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270 35', A DISTANCE OF 938.77 FEET; THENCE SOUTH 19°3943" WEST, TANGENT TO SAID CURVE A DISTANCE OF 1054.09 FEET MORE OR LESS, TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 26, DISTANT THEREON NORTH 89°23' WEST, 1941.37 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION. 8. EASEMENT, and incidents thereto, In Favor of : COUNTY OF SAN DIEGO Recorded, Official Records: AUGUST 3, 1969 Series/Instrument No.: 142233 Purpose : THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES Affects : ALL THAT PORTION OF SAID LAND HEREIN DESCRIBED LYING ADJACENT TO EL CAMINO REAL (ROAD SURVEY 1800-1) 9. EASEMENT, and incidents thereto, In Favor of : COUNTY OF SAN DIEGO Recorded, Official Records: JULY 10, 1970 Series/Instrument No.: 121184 Purpose : THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES Affects THAT PORTION OF SAID LAND HEREIN DESCRIBED LYING ADJACENT TO EL CAM INC REAL (SURVEY 1800-1) 10. EASEMENT, and incidents thereto, In Favor -a+.: SAN DIEGO GAS & ELECTRIC COMPANY Recorded, Official Records: JANUARY 15, 1971 Series/Instrument No 8918 Purpose : FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL PURPOSES CONNECTED THEREWITH, UNDERGROUND FACILITIES CONSISTING. OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM Affects : SAID EASEMENT AND RIGHT OF WAY IN THE AFORESAID LANDS SHALL BE 8.00 FEET IN WIDTH, BEING 400 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 6 6007816 Transamerica Toe Insurance Corn pan BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUAR DISTAN1 THEREON SOUTH 00 00`03 11 WEST, 5.00 FEE FROM THE NORTHWEST CORNER THEREOF; THENCE FRI SAID POINT OF BEGINNING AND LEAVING SAID WE LINE NORTH 89049'47 - EAST 265 FEET THENC NORTH 86007'32" EAST, 39.20 FEET. 11. EASEMENT, and incidents thereto, In Favor of : ALICE M. LAMPLUGH AND TO LAWRENCE L. LUX Recorded, Official Records: APRIL 7, 1972 Series/Instrument No.: 85873 Purpose : ROAD PURPOSES, INGRESS AND EGRESS AND WATER PIPELINE Affects A STRIP OF LAND 40 FEET WIDE, 20 FEET ON EAC SIDE OF THE CENTER OF THE EXISTING ROADWAY, IN THE NORTHERLY 250 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BEF BASE AND MERIDIAN, LYING WESTERLY OF ROAD SL 1800-1 (EL CAM1NO REAL). THE EXACT LOCATIOI' IS NOT SET FORTH. 12. EASEMENT, and incidents thereto, In Favor of : ALICE N. LAMPLUGH AND LAWRENCE L. LUX Recorded, Official Records: FEBRUARY 28, 1974 Series/Instrument No.: 74-050347 Purpose ROAD AND PUBLIC UTILITY PURPOSES Affects : A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PU AND INCIDENTALS THERETO OVER THAT PORTION 0 THE NORTHWEST QUARTER OF THE NORTHEAST QUAR OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 t SAN BERNARDiNO MERIDIAN, ACCORDING TO UNITE STATES GOVERNMENT SURVEY, FOR THE BENEFIT USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NC QUARTER OF THE NORTHWEST QUARTER OF SAID SE 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BE MERIDIAN, SAID EASEMENT TO BE 40.00 FEET H WIDTH, THE CENTERLINE OF WHICH IS DESCRIBE: AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE SAID NORTHWEST QUARTER OF THE NORTHEAST QU OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 SAN BERNARDINO MERIDIAN, DISTANT THEREON S &37'04" EAST 183.00 FEET FROM THE NORTHWE CORNER THEREOF, SAID POINT BEING IN THE AF OF A NON-TANGENT 200.00 FOOT RADIUS CURVE SOUTHERLY, THROUGH A NON-TANGENT 200.00 F( RADIUS CURVE CONCAVE SOUTHERLY, THROUGH Wl POINT A RADIAL BEARS NORTH 9 058'06" WEST; EASTERLY ALONG THE ARC OF SAID CURVE THROL A CENIRAL ANGLE OF 3 0 28'06" A DISTANCE OF PAGE 7 Ttansriica Title Insurance Ccpany FEET; THENCE TANGENT TO SAID CURVE NORTH S3°30 00" EAST A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 055'00" A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CUVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29 025 00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 60.00 FEET MORE OR LESS TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-1., KNOWN AS EL CAM1NO REAL. THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER. OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WESTERLY LINE OF EL CAMINO REAL. SAID EASEMENT IS GRANTED AND CONVEYED BY VARIOUS DEEDS OF RECORD. PAGE 8 6007816 -mb 1)5 0F5 ri3oo 1J P.c. 1i!r7, I7!II irz;r I--a- l--.— I--.— I--.— I--u— I — MAP- 11002 - CARLSBAD itT NO 82-23(CONDM) L 81-3 0NDtv 77-8A(C0ND.i) . 79-28 (CONDM) - u i u., .v-I., ,. . S 484 – P05 1211, 69, 6581, 6641, 9900 0 C) 0 -i - E tF (0 c: '11 Z cZ> 500. -<> 0'O - r.Z :-• k"i i;; c 0 m — o .( ' —47 o • £J 0 - FIX F- < D*49 0f:; - 'o,z fl c 0 I Marr'IO FOR aSf5S$T PflRPOSLS (IV saa cniv assso's 21s PG 0. SKi I OP S '4 TRANSAMERIdk TITLE INSURANCE COMPANY PRELIMINARY REPORT PRELIMINARY REPORT EXHIBIT A 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 which arise by reason of the following: Part I 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 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 sur- vey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions 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. 6. Any right, title, interest, estate or easement in land be- yond 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 para- graph 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) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimen- sions 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. 8. Rights 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) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the pub- lic 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 dis- closed 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 pur- chaser or encumbrancer for value without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights, claims or title to water in or under the land. EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. (Continued on Reverse Side) I EXHIBIT A (CONTINUED) 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 are known to you, but not to us, on the Policy Date—unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of PoIicy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records 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 (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construc- tion or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable doing business" laws of the state in which the land is situated. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records 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 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 paid value for the estate or interest insured by this policy. Form No. 730 Rev. 8-86 PRELIMINARY REPORT EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date—unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 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. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights, claims or title to water in or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. (Continued on Reverse Side) EXHIBIT A (CONTINUED) • 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 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 and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-87) 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: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Form No. 730.5 Preliminary Report Supplement ALTA Policies (6-1-87) / • CITY OF CARLSBAD t1 1200 ELM AVENUE CAR LSBAD, CALIFOIIA 92008 ,. '4385621 4 4 • :. •• •: •' ? • (, . REC'D FROM ? /((( (j(t( DATE ! ACCOUNT NO.DESCRIPTION • • : XX / 74i'__(c_('C___?/1 S ii' _C0 _oi7_ (/ f__/3 _g,q s- ,••.•.•••. _ :1+f_• • •. •• • fl • . • •: . •.:} ' • •1••,ry 4 4 j RECEIPTNo.7!:z!,• I as 215O- / -50 LEGAL DESCRIPTION Lot 1 of Carlsbad Tract No. 82-23, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. 11002, filed in the office of the county recorder of said county, together with those portions of the west half of the northeast quarter of Section 26 Township 12 south, Range 4 west, San Bernardino Merdian, in the County of San Diego, State of California, according to the official plat thereof. I o A parcel of land being a portion Record of Survey No. 9900 in the County of San Diego, State of California, said Record of Survey being on file in the Office of the County. Recorder, in said County, in said State, more particularly described as follows: Beginning at a point on the Westerly boundary line of said Record of Survey, said point formed by the intersection of two courses: North 8914 1 31" West (North 89'49r03 1 West 890.58 feet per Record of Survey) and North 003 1 00 West (North 0 0 37 1 04" West 1441.19 feet per Record of Survey); thence along the Westerly boundary line of said Ricord of Survey North 0'03 1 00" West 388.00 feet (North 0 6 3704 West per Recordof Survey), said point being on the proposed Centerlixie of a 6000fo'widé road knownas Dove Lanes thence along said Centerline South 4907 1 37" East 602.12 feot to a point on a course as decribed herein as North 8914 1 31" West (North 0949 1 03" West 890.58 feet per' Record of Survey): thence along said course North 89 0 14 1 31" West 455.00 feet (North 8949 1 03" West per Record of Survey) to the POINT OF 2INh4 INC. Said parcel of land contains 2.0262 acres more or less.