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HomeMy WebLinkAboutHDP 89-02; MINK LTD; Hillside Development Permit (HDP)City of Carlsbad 2075 Ls Palmas Drive Carlsbad, CA 92009 (619) 438-1161 L °'1 - c'1 IF PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM _One Single • \miIy Home: No Charge All Other Aoolications ased on Project Site Size: U'- 1 Acres ODO 0 -10 Acres 100.00 10 - 100 Acres 200.00 100 Acres 400.00 Complete Description of Project (attach additional sheets if necessary) Two lot Minor Subdivision of an existing 0.60 AC R-2 lot,creating a parcel for an existing one unit, two story structure and a remainder R-2 lot of 7,500 square feet. Location of Project 6734 Luciernaga Place Carlsbad, CA. 92009 Permit/File Numbers Associated with this Project Legal Description (complete) Lot 207 of La Costa Meadows Unit No. 1 in the City of Carlsbad, County of San Diego, State of California. According to map cneeof No. 6800, Filed in the office of the County Recorder of San Diego, California December 9, 1970 Local Facility Management Zone Assessors Parcel Number 215-300-14 Zone I General Plan Existing Land Use R-2 R.M. One unit/ two story part-time residenc Proposed Zone Proposed General Plan Site Acreage R-2 R.M. 0.60 Owner Applicant Name (Print or Type) Name (Print or Type) Mink L.T,D. Mink L.T.D. Mailing Address Mailing Address P.O. BOX 1893 P.O. BOX 1893 City and State Zip Telephone City and State Zip Telephon CARLSBAD, CA 92008 CARLSBAD, CA 92008 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 KNOWLEDGE. SIGTURE E 3 N. SIGNATURE DAEI Date Application Rec'd. Received By Fees Received Receipt No. PROJECT NUMBER (5) I ra FA ffl ) 7'i c . . DISCLOSURE FORM APPLICANT: MINK LTD., CORPORATION, REG.NO:15017,DATE INCORPORATED 8 FEB 1980 Name (partnShip,jointventure,corpofionsyfldicatiofl) REGISTERED OFFICE: 15, CRONK DREAN, DOUGLAS, ISLE OF MAN, VIA U.K. Business Address 624 76878 Telephone Number A PLAUT AGENT: Name 1621 EL NIDO DRIVE, FALLEROOK, CALIFORNIA, USA 92028 Business Address 619 728 6991 Telephone Number MEMBERS: JAMES KIRKPATRICK Name (individual, partner, joint venture, corporation, syndication) AS REGISTERED OFFICE ABOVE Business Address AS REGISTERED OFFICE ABOVE Home Address AS REGISTERED OFFICE ABOVE AS REGISTERED OFFICE ABOVE Telephone Number Telephone Number SHIRLEY MARGARET KIRKPATRICK AS REGISTERED OFFICE ABOVE Name Home Address AS REGISTERED OFFICE ABOVE AS REGISTERED OFFICE ABOVE Business Address AS REGISTERED OFFICE ABOVE AS REGISTERED OFFICE ABOVE 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. FOR AND ON BEHALF OF MINK LTD APPLICANT SHIRLEY KIRKPATRICK COMPANY SECRETARY & SHAREHOLDER BY Agent, Owner, Partner Fork No. 1068•1 (6/87) to PreIfrniria -y Report . . ç AMEJ1 C 4 UK Preliminary Report First American Title Insurance Company EXHIBITA LIST OF PRINT #EXCEPTIONS AND EXCLUSIONS ( Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1973 SCHEDULES 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 follov.ng. Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies :axes or assessments on real pcce-y 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 s. agency or by the public records. 2. Anyfacts, rights, interests or claims which are notshown bythe public records but which could be ascertained b an inspection of the land or by mak ; "ouiry of per. sons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary linq, shortage in area, encroachments, orany otherfactswhich a correct st.rvey would disclose,and which are shown by the public records. 5. (a) linpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, clairr's c , t:Ie 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 beyond the lines of the area specifically described or referred to in Schedule A, or in abutt 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 ownefcr access to a physically open Street or highway is insured by this policy. 7. Any law, ordinance orgovernmental regulation (including but not limited to building and zoning ordinances) restr.cr'g or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafe erected on the land, or prohibitir.g a separation in ownership ora change in the dimensions or area of the land oranyparcel of which the land is orwas a part, whether or not shown bythe public records a: Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown b 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 public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy oratthe date such claimant acquired an estate or interest insured by this policy or acquirec the insured mortgage and not disc'osed 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. 2. AMERICAN LAND TITLE ASSOCIATION OWN ERrS POLICY FORM B. 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1, Any law, ordinance orgovemmental regulation (including but not limited to building andzoning 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 of area of the land, or the effect of any violation of any such :aw, 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 Policy. 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 oratthe date such claimant acquired an estate or interest 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) attachirN or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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 2. Any facts, rights, interests, or claimswhich'are not shown bythe public records but which could be ascertained by an inspection of said land or by making inquiryof per- Sons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claiçns; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation iiing but not limited to build.ng and zoning ordinances •ctr.g or regulating or prohibiting t'e c:upancy. use or enjoyment of the land, or regulating the chars dimensions or location 0 any improvement now, or ii :er erected on the lad. or pro-,b I -; a sepa'a:,or .n ownership or a reduction in the dimensions or area of the land, or the effect c' any violation of any Such lay.'d'r,ance or goverr.rnental reg.,a: on. 2. Rights of eminent domain or governmental rights of police power unless notce of the exercise of such rigts appears in the pubic records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, su 4ered. assumed or agreed to b r'e ,risured claimant, tbl not kno. :o the Company and not shown by the public records but known to the insured claimant either at Date of Poicy oral the date sch claimant acquired an estate cr .-erest insured by this policy or acquired the insured mortgage and not disclosed in writing by the "-sured claimant to the Company pr'or to the date Such insured c;a ant became an insured hereunder; (C) resulting in no loss or damage to the insuredclaimanl. idi attaching or created subsequent to Date of Policy kexcept to the extent insurance is afforded herein asto anystatutory lien for labor or material orto the extent insurance is afforded herein as to assessments for street improvemer:s 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 orof any subsequent owner of the indebtedness to complywith applicable "doing business" taws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (AMENDED 10.17.70) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exc'..s ons set forth in paragraph 4 above are used and the folloiing exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that le, es taxes or assessments on tea: property or by the public records. 2. Any facts. rights, interests, or claims which are not shown by the public records oil which could be ascertained an 'r.spectic,nof said land orby mak ng inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereo'. water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY• 1987 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (6/87) 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 orexpenses 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, prohibit- ing or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement nov 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 apart: or (iv) environmental protection, orthe 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 encumbranceresulting 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 oranotice 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 clims or other matters: (a) created, suffered, assumed or agceed to by the insured claimant; (b) not known tothe Company, not recorded in the public records at Date of Policy, but known tothe 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 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. 4. Unenforceability of the lien of the insured mortgage becauseof the inability or failure of the insured at Date of Poicy orthe inability or failure of any subsequent ownei of the indebtedness, to comply with applicable doing business laws of the stale in which the land is situated 5 Invalidity or urienforceabilify of the lien of the insured mortgage, or claim thereof, which arises out of the transactori evidenced by the insured mortgage and is baser upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials ior the claim of priority of any statutory lien for services, labo' or materials over the lien of the insured mortgage) aris ing from an improvement or work related to the landwhich is contracted for and commenced subsequent to Date 04 Policyand is not financed 'n whole or in part by pro ceeds of the indebtedness secured by the insuied mortgage which at Date of Policy the insured has advacect Cr is obligated to advance 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1987 (6/87) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy's usec as a Standard Co ,. erage FO1C' and rot as an Ei,lencleo Cc"r-dge F'oIcy the ec'us,uns set''th in parz,.J'.r:' above are used and the following exceptions 10 cc'verage appear in the policy .s policy dqes not insure against loss or damage (and the Company will not pay costs, attorneys fees or expensesl which arise by reason of. 1 Taxes or assessments which are not shown a sting liens by the records of any taxing authority I.h ies taxes or assessments on real property 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 byan inspection of said land or by rnar'.g inquiry of per- sons in possession thereof. 3 Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authoriziflg the issuance thereof: water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 1987(6/87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wilt not pay loss or damage, costs, attorneys' fees or expenseswhich 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, prohibit- ing 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 orarea of the land orany parcel of which the land is or was apart; of (iv) environmental protection, orthe 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 beencecorded 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 Ate of Policy. 2. Rights of eminent'domain unless notice of the exercise thereof has been recorded in the public records at Date of Pojicy, 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. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY- 1987(6/87) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULES 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: Part One: 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. 2. Anyfacts, rights, interests, or claims which are not shown bythe public records but which could be ascertained byan inspection of said land orby making inquiryof per- sons in possession thereof. 3. Easements, claims of easement or encombrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shoyn by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 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 • land division • improvements on the land S 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 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 stre'ts, alleyv. or waterways that touch your land ' .1. i . . ORDER NO. 974444-8 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 AUGUST 16, 1988 MINK LIMITED C/O ART PLAUT 1621 EL NIDO DRIVE FALLBROOK, CALIFORNIA 92028 YOUR REF: MINK LIMITED OUR ORDER NO. 974444-8 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS 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 HEREIN 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 HEREIN. 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 AUGUST 5, 1988 AT 7:30 A.M. V- RICK MORA/NRT - TITLE OFFICER DIRECT DIAL PHONE 231-4629 PAGE 1 4'•_••'' - • ORDER NO. 974444-8 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MINK LTD. L THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN 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 FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1988-89, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF TE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY' BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED DECEMBER 9, 1970 AS FILE NO. 225652 OF OFFICIAL RECORDS. PAGE 2 4'- • •1• I ORDER NO. 974444-8 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUN OF $143,600.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 8, 1988 AS FILE NO. 88-330531 OF OFFICIAL RECORDS. DATED: AUGUST 1, 1988 TRUSTOR: JAMES N. SHADLAUS, A SINGLE MAN AND DAVID KROMINGA, A SINGLE MAN TRUSTEE: CROCKER CUSTODY CORPORATION BENEFICIARY: CROCKER NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES 6. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 7. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. I] 1987-1988 TAX'INFORNATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09053 215-300-14 $1,545.82 PAID $1,545.82 PAID $122,661.00 $156,116.00 $-o - PAGE 3 1' I ORDER NO. 974444-8 LEGAL DESCRIPTION ,• THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 207 OF LA COSTA MEADOWS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN VIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1970. PAGE 4 / $U lu .1 if \\ AZOA MM 1. 41ie isjr#5 i P O ± d gOOO wet till 14 I 7W k\ "- 4- •. / (ü .49 go.00J_- 41' ...ø1 : w \ I; 1k '' j ô (\ iN; 504 )! lk • 9' \ SUSHEET No. l z I ) S OA 2075 LAS PALMAS DRIVE TELEPHONE CARLSBAD, CA 92009-4859 (619) 438.1161 TilLI of (GurIttuti PLANNING DEPAR TA tEN r November 22, 1988 Fred Ilunemul 1 er WESTERN LAND SURVEYING, INC. 5850 Avenida Encirias, Ste. C Carlsbad, CA. 92008 Dear Mr. Ilunemiuler: In reference to your request for a waiver of the Hillside Development Permit (}IDP), I have enclosed the section of the Carlsbad Zoning Ordinance that requires any property with a slope of 15 percent or more and an elevation differential greater than 15 feet to process a hillside development permit prior to any development. A minor subdivision is considered to be development, and would require an HDP. A minor subdivision requires that the densities for each lot be calculated. Due to the slopes on the proposed property, a slope analysis would be needed in order to properly calculate the densities. ihe IIDP submittal would provide the City with this information. The HDP application would be processed concurrently with the minor subdivision. ihere is no fee.- associated wilh ii fiPi and the processing time is between three and five weeks. If you have any further questions feel free to call 438-1161. Sincerely, CITY OF CARLSBAD Michael J. Holzniiller Planning Director Enclosure WJD:kd hiunemull .ltr the Planning Department at rk cJ Ll HILLSIDE DEVELOPMENT PERMIT CHECK LIST 1 d%a •1a PROJECT NUMBER NUMBER 1. Slope Analysis (4) 2. Slope Profile (4) 3. Site Plan, Grading Plans, Building Plans, Elevations (4 each 4. Disclosure Statement 5. Title Report (1 DATE /7- SIGNATURE 0 S ~),y • ICARLSBAD - 1200 ELM A W CALIFOØIA 92008 438-5621 40 Ctii ( i//LL DATE____________ ACCOUNT NO. DESCRIPTION AMOUNT ALzi /cZ Lcv. 50 100 4429 011261135 0001 01 05 His- RECEIPT NO. 98193 TOTAL O ) WESTERN LAND SURVEYINq& ENGINEERING, INC.____ Transmittal 5850 Avenida inas LETER Hillside Analysis Carlsbad, California 92008 IN REFERENCE TO: Wo 1299 (619) 436-9553 1(619) 438-4480 FOR City of Carlsbad Engineering/Planning Department Las Palmas, Carlsbad, CA 92008 MESSAGE i DATE: January 24, 1989 Enclosed please find the following: FOLD Hillside Permit Application Disclosure Form 7 . Preliminary Report (2 copies) 2I 4 Copies T.P.M. -5. 4 Copies Slope Analysis -6. 4 Copies Cross Section (Sheets A and B) V 47• 8 Photographs of site FOLD BY I wj DATE: JAN 26 1989 CITY OF CARLSBAD DEVELOP. PROCJ. SERV. DIV.