HomeMy WebLinkAboutHDP 88-14; OAK AVENUE; Hillside Development Permit (HDP)2075 Las Palmas Drive Family Home: No Charge
Carlsbad, CA 92009
City of Carlsbad One Singie
t(619) 438-1161 All Other Applications
Based on Project Site
Size:
PLANNING DEPARTMENT 0 - 1 Acres 50.00
HILLSIDE DEVELOPMENT PERMIT 0 - 10 Acres 100.00
10 - 100 Acres 200.00 APPLICATION FORM 100 Acres 400.00
Complete Description of Project (attach additional sheets if necessary)
2 Single Family Hanes
Location of Project
1816 & 1820 Oak Ave., Carlsbad
Permit/File Numbers Associated with this Project
P.E. 2-88-31, DWG No. 290-7
Legal Description (complete)
Parcels A & B of Parcel Map 14044
Local Facility Management Zone Assessors Parcel Number - --
Zone 1 156-220-30 & 31
Zone General Plan Existing Land Use
R-1 PLM Res. Low Medium Vacant
Proposed Zone Proposed General Plan Site Acreage
N/A N/A 20,663 sf + 15,290 sf = 0.85 acreas
Owner Applicant
Name (Print or Type) Name (Print or Type)
BROOKS ORTHING PROPERTY DEVELOPMENT ENGINEERS, INC.
Mailing Address Mailing Address
P. 0. Box 1041 1859 S. Escondido Blvd.
City and State Zip Telephone City and State Zip Telephon
Carlsbad, CA 92008 729-3965 Escondido, CA 92025 743-8808
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF
MY KNOWLE
SIGN RE DATE
VJ44 vkl~e~lo-e~
Dftb~plication Re Rece'd
U
DATE
(1-;r u/
Receipt No.
q-
- ------------ LW) 50,00 ___________________
PROJECT NUMBER (5)
S
RECEIVED
SEP 02 1988
CITY OE CARLSBAD
DEVELOP PROC1 am DIVI
I 0
DISCLOSURE FORM
APPLICANT: BROOKS WORTHING
Name (individual, partnership, joint venture, corporation, syndication)
690 Elm Ave, Ste 204, Carlsbad, CA 92008
Business Address
(619) 729-3965
Telephone Number
AGENT: PROPEY DEVELOPMENT ENGINEERS, INC.
Name
1859 S. Escondido Blvd.
Business Address
743-8808
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
BY
6
RECEIVED
SEP 02 1988
CITY OF CARLSBAD
DEVELOP. PROC DIVol
(f eTe,z tak rowvwwy
A Subsidiary of Orange Coast Title Company
7474 El Cajon Blvd/La Mesa, CA 92041/P.0 Box 15517/San Diego CA 92115/Telephone (619) 464-5353
PRELIMINARY REPORT
• B.A. WORTHING, INC. Your No.
• P.O. Box 1041 Our No. 886118NC
• Carlsbad, CA 92008 Date August 4, 1988
NC /pgh
Attention: BROOKS WORTHING
Copies to:
In response to the above referenced application for a policy of title insurance, TERRA 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 Addendum 1 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.
Dated as of July 29th , 88 , at 7:30 A.M.
TERRA TITLE COMPANY
cN!i
/a
A nt for Title USA Insurance Corporation and American Title Insurance Company
Title to said estate or interest at the date hereof is vested in:
BROOKS A. WORTHING AND PAMELA J. WORTHING, HUSBAND AND WIFE AS JOINT TENANTS AND ROHIT R. SARAIYA AND RUPA R. SARAIYA AKA VANLILA R. SARAIYA, HUSBAND AND WIFE AS JOINT TENANTS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR
NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in:
The estate or interest in the land hereinafter described or referred to in this Report is:
A FEE AND AN EASEMENT
The land referred to in this report is described as follows: *SEE ATTACHED LEGAL DESCRIPTION*
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policy form
would be as shown on page 2 et. seq. attached hereto. c-ii.Ti Re, a-e
. .
LEGAL DESCRIPTION
ORDER NO. 886118-NC
PARCEL 1:
Parcel A, in the City of Carlsbad, County of San Diego, State of California,
as shown at Page 14044 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, November 22, 1985.
Reserving therefrom an easement for ingress and egress for road purposes, over
along and across that portion of the Westerly and Southwesterly 15.00 feet
lying Southeasterly of a line described as follows:
Commencing at the most Easterly, Southeasterly corner of said Parcel A;
thence along the Boundary of said Parcel A, South 5528'59" West, 178.05
feet to the True Point of Beginning; thence South 5526'36" West, 15.00 feet
to the Westerly boundary of said Parcel A.
PARCEL 2:
An easement for ingress and egress for road purposes over, along and across
the most Westerly and Southwesterly 15.00 feet of Parcel B; in the City of
Carlsbad, County of San Diego, State of California, as shown at page 14044
of Parcel Maps, filed in the Office of the County Recorder of San Diego
County, November 22, 1985.
PARCEL 1B:
Parcel B, in the City of Carlsbad, County of San Diego, State of California,
as shwon at Page 14044 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, November 22, 1985.
PARCEL 2B:
An easement for ingress and egress for road purposes over, along and across
the most Westerly and Southwesterly 15.00 feet of Parcel A; in the City of
Carlsbad, County of San Diego, State of California, as shown at Page 14044
of Parcel Naps, filed in the Office of the County Recorder of San Diego
County, November 22, 1985.
EXCEPTING THEREFROM that portion lying Northerly of a line described as
follows:
Commencing at the most Easterly, Southeasterly corner of said Parcel A;
thence along the boundary of said Parcel A, south 55*2829" West, 178.05
feet; and South 102429 West, 21.23 feet to the True Point of Beginning;
thence South 552636" WEst, 15.00 feet to the Westerly boundary of said
Parcel A.
mj h
8/4/88
. .
PRELIMINARY REPORT CONTINUED
ORDER NO. 886118-NC
PAGE TWO
NC /pgh
1. General and special taxes, a lien not yet payable, for the fiscal year
1988-89.
2. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5,
commencing with Section 75. 1st Installment $166.11, NOT PAID. 2nd
Installment $166.11,NOT PAID. Copy of tax bill has been ordered.
3. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5,
commencing vith Section 75. 1st Installment $101.20, NOT PAID. 2nd
Installment $101.20,NOT PAID. Copy of tax bill has been ordered.
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California.
5. Such rights as may exist in a road over that portion of the herein
described land lying within Canyon Street and Oak Street, as shown on Nap
on file in the office of the County Recorders of San Diego County.
6. An agreement to which reference is made for full particulars, executed by
and between the City of Carlsbad and South Fork, a California Partnership,
recorded March 22, 1982 as File No. 82-76536 of Official Records.
Purpose: For the payment of a public facilities fee
Affects: Parcel Nap 14044
Reference is made to said instrument for full particulars.
7. An agreement to which reference is made for full particulars, executed by
and between South Fork, a California Partnership and the City of Carlsbad,
recorded May 11, 1982 as File No. 139583 of Official Records.
Purpose: For the payment of a public facilities fee
Affects: Parcel Nap 14044
Reference is made to said instrument for full particulars.
8. Resolution ?o. 6891 of the City of Carlsbad, vacating a portion of Oak
Avenue and Canyon Street, recorded June 8, 1982 as File No. 82-175595 of
Official Records.
9. An easement above or below ground for communication structures and purposes
incidental thereto, as conveyed to the Pacific Telephone and Telegraph
Company, by deed recorded November 9, 1983 as File No. 83-407064 of Official
Records.
Grantor therein covenants for himself, successors and assigns not to
place or maintain any building or structure on said easement.
Affects:
Southwesterly 4 feet of said land.
10. An agreement to which referenc is made for full particulars, xecut by
and between Donald R. and Jeannine Gallacher and the City of Carlsbad,
recorded June 14, 1984 as File No. 84-223918 of Official Records.
Purpose: For the payment of a public facilities fee
Affects: Parcel Nap 14044
Reference is made to said instrument for full particulars.
11. An agreement to which reference is made for full particulars, executed by
and between the City of Carlsbad and Donald R. and Jeannine Gallacher,
(Continued on page 3 attached)
. .
PRELIMINARY REPORT CONTINUED
ORDER NO. 886118-NC
PAGE THREE
NC Ipgh
recorded October 29, 1985 as File No. 85-404813 of Official Records.
Purpose: To hold the City of Carlsbad harmless to the drainage system
Affects: Parcel 4 of Parcel Map 12182.
12. Reciprocal access right over portions of Parcels A and B as reserved and
shown on said Parcel Map 14044.
13. An easement as shown on said Map over the Easterly 20 feet, for drainage.
14. The Parcel Map referred to in the legal description herein, contains various
restrictions or requirements for improving or developing the property herein
described, including but not limited to potable water supply, sewage disposal
systems, set backs, flood plains or improvement agreements. Reference is
made to said Parcel Map for other and further particulars.
15. A Deed of Trust to secure an indebtedness of $42,000.00, and any other
amounts payable under the terms thereof recorded September 3, 1987, under
Recorder's File No. 87-502837 of Official Records;
Dated: August 27, 1987
Trustor: BROOKS A. WORTHING AND PAMELA J. WORTHING,
husband and wife as joint tenants
Trustee: VPL ENTERPRISES INC., a California corporation
Beneficiary: DONALD R. GALLACHER JR. AND JEANNINE M. GALLACHER,
Co-Trustees, U.T.D. July 7, 1986
16. A Deed of Trust to secure an indebtedness of $42,000.00, and any other
amounts payable under the terms thereof recorded September 3, 1987, under
Recorder's File No. 87-502839 of Official Records;
Dated: August 27, 1987
Trustor: BROOKS A. WORTHING AND PAMELA J. WORTHING,
husband and wife as joint tenants
Trustee: VPL ENTERPRISES INC., a California corporation
Beneficiary: DONALD R. GALLACHER JR. AND JEANNINE N. GALLACHER,
Co-Trustees, U.T.D. July 7, 1986
17. Road Maintenance Agreement by and between Brooks A. Worthing, et al,
recorded September 29, 1987 as File No. 87-550502 of Official Records.
Reference is made to said instrument for full particulars.
1987-88 TAX INFORMATION:
CODE AREA
PARCEL NO.
1st INSTALLMENT
2nd INSTALLMENT
LAND VALUE
IMPROVEMENTS
EXEMPTIONS
: 09000
156-220-30
$98.95 PAID
$98.95 PAID
: $17,686.00
: $
. .
CLTA PRELIMINARY TITLE REPORT
ADDENDUM 1
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
survey would disclose, and which are not shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or except-
ions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land
beyond the lines of the area specifically described or re-
ferred to in Schedule A, or in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing in
this paragraph shall modify or limit the extent to which the
ordinary right of an abutting owner for access to a physi-
cally 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 owner-
ship 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.
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) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and
not otherwise excluded from coverage but known to the
insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy
or acquired the insured mortgage and not 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.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
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.
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 Imit the access coverage in Item 5 of Covered Title Risks.
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RECEIVED
SEP 02 1988
CITY OF CARLSBAD
DEVELOP. PROG, SERV.DIV.
CITY- OF CARLSBAD
1200 ELM ifENVE , CARLSBAD, CAL1F6 IA 92008
4385621
REC'D FROM_<~h) (I 1J/
/
DATE_
ACCOUNT NO. DESCRIPTION AMOUNT
I lisc 5.00
RECEIPT NO. IQ 'c TOTAI. ¶
HILLSIDE DEVELOPMENT PERMIT CHECK LIST
COMMENTS
PROJECT NUMBER
1. Slope Analysis (Li)
2. Slope Profile (4)
3. Site Plan, Grading Plans, Building Plans, Elevations (LI each) 4
4. Disclosure Statement
5. Title Report (3)
DATE - €R SIGNATURE
RECEIVED
SEP 02 1988
CITY OF CARLSBAD
DEVELOP, PROC SERV DIV.