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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. Ol b . r'.f cs h ISr, - .-3 _P-I- (D lu kc llj .t - Ic &L '-S L II, lk V) -71 w'N - I zz 6 S -- . • •1 '*\ ll• •6 € Cl I I Ps '4 D * * I ** .qtk s4 qk u-*> .l .c 'o .j_ZiS A377V4 dO 7/t/Y.. ).d, fV1ll1 "3 ! 4 ON — •\ • \• ( —.5 .' \' jN ' UJ ell •ML k3:\J'\ -1 2Q~!fJ/'1'&ESfrrf -1.\1 •oc ,2 /1 (5Y'/ 7fZ,4(j/L 7,/4frf/Y) a As ./y '-•' ...- 2 •' 'SI c8*;k * .s- ' \1 I. / 3 .)' Q J_ flç t : • x 39 .4 U . In ! • c zI 1 ! 3 Ll 2' -: ID 0 ... x_ wo • . 51, i i H ! !i HL 9-2 o —zI.-x . . Ll . 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.