HomeMy WebLinkAboutHDP 90-08; JONES BUILDING; Hillside Development Permit (HDP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept. (For Dept. Use Only) Use Only)
Master Plan
Specific Plan .............
Precise Development Plan...
Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
E Condominium Permit.........
Special Use Permit.........
Redevelopment Permit.......
Tentative Parcel Map.......
Administrative Variance....
I-
I- -I
-1
E General Plan Amendment ...... ._________
E Site Development Plan ..... ...._________
Zone Change .............. ....._________
Conditional Use Permit ...... .._________
Hillside Development Permit.
Environmental Impact Assessment ................ .._________
Variance .................... ._________
Planned Industrial Permit...
Coastal Development Permit..
E Planning Commission Deter...
26 — el) il"
2) LOCATION OF PROJECT: ON THE north 7 SIDE OF Adams St.
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Highland Dr. j AND Park Dr.
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:j That portion of Lot 15 in Block "ET' of Bella Vista, City
of Carlsbad, County of S.D., Map No. 2152, filed March 7, 1929.
4) ASSESSOR PARCEL NO(S),I 206-192-06
5) LOCAL FACILITIESI_____ 6) EXISTING GENERAL 775 7) PROPOSED GENERALI I MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION
8) EXISTING ZONINGR-1 ]9 ) PROPOSED ZONINGI n/a 110) GROSS SITEI .83 acrel ACREAGE
11) PROPOSED NUMBER OFI 2 112) PROPOSED NUMBERI 2 113) TYPE OF rresidenti4
RESIDENTIAL UNITS OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS -0- COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL I n/a I 16) PROPOSED COMMERCIAL I n/a I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 19) PROPOSED INCREASE
IN AVERAGE DAILY
TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 2.0 20/day-mx.
20) PROJECT NAME: I Jones Building, Inc. and Ray & Daran Grimm
21)BRIEF DESCRIPTION OF PROJECT: J Completion of city requirements for tentatively
I approved lot split, including grading and utilities hook-ups. I
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE)Jones B& 4ME (PRINT OR TYPE)
MAILING ADDRESS MAILING ADDRESS P.O. Box 2236
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, Ca. 92008 (619) 720-185
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
FEB13 1990
CITY OF CARLSBAD
DATE ?AYRECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED________________
DATE FEE PAID 7-/3?O RECEIPT NO.___________
ARFM0008.DH 4/89
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WORLD TITLE COMPANY 1455 FRAZEE ROAD, SUITE 408
SAN DIEGO, CALIFORNIA 92108
(619) 260-0015 (800) 325-3467
JONES BUILDING, INC.
P.O. BOX 2236
CARLSBAD, CALIFORNIA 92008
Attention: TOM JONES
Your No.: MS 775
Our No.: 840415-86
Dated as of March 16, 1990 at 7:30 A.M.
WORLD 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 en-
cumbrance not shown or referred to as an Exception in Schedule B 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 the attached list. 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.
The form of policy of title insurance contemplated by this report is:
1. California Land Ti ;-In Association Standard Coverage Policy []
2. American Land `;le Association Owner's Policy Form B []
3. American Land T: e Ik ssociation Residential Title Insurance Policy []
4. American Land Titi ssociation Loan Policy []
~VAA~~Z~
NICK ASHCRAFT, Title Officer
Issuing Agent for:
AG-142.1) Transamerica Title Insurance Company
.
.. .
Our No. 840415-86
SCHEDULE A
The estate or interest in the land described or referred to in this
schedule covered by this report is:
A FEE.
Title to said estate or interest at the date hereof is vested in:
RAY W. GRIMM JR. AND DARAN W. GRIMM, husband and wife as joint
tenants as to an undivided 112 interest and JONES BUILDING, INC., a
California corporation, as to an undivided 112 interest as tenants in
common.
The land referred to in this report is situated in the State of California,
County of San Diego, and is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Issuing Agent for:
AG-142.1) Transamerica Title Insurance Company
.
.. .
Our No. 840415-86
EXHIBIT "A"
That portion of Lot 15 in Block "E° of BELLA VISTA, in the City of San
Diego, County of San Diego, State of California, according to Map thereof
No. 2152, filed in the Office of the County Recorder of San Diego County,
March 7, 1929, which lies Southerly of a line that bears North 86 1 07'
West, from a point on the Easterly line of said Lot 15 that is distant
therealong South 3 0 53' West 27.14 feet from the Northwesterly corner of
Lot 16 in said Block "E" of BELLA VISTA.
Issuing Agent for:
AG-142.1) Transamerica Title Insurance Company
S
.
Our No. 840415-86
SCHEDULE B
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 1990-1991, a lien not
yet due and payable.
Ia. General and special County and City taxes for the fiscal year
1989-1990, including personal property taxes, if any, as follows:
Total: $1,205.26
First Installment: $602.63 Not Paid (Delinquent) with a
Penalty of $60.26
Second Installment: $602.63 Not Paid
Exemption: $0.00
Code Number: 09000
Parcel Number: 206-192-06
lb. Supplemental County and City taxes for the fiscal year 1989-1990,
including personal property taxes, if any, as follows:
Total: $1,987.94
First Installment: $993.97 Not Paid
Second Installment: $993.97 Not Paid
ic. The lien of supplemental or escaped assessments, if any, pursuant to
the provisions of Part 5, Chapter 3.5 (commencing with Section 75)
or Part 2, Chapter 3, Articles 3 and 4, all of the Revenue and
Taxation Code of the State of California.
2. An easement for telephone and/or electric poles and lines, and for
sewer, water and/or gas mains and pipe lines in, under, over and
across said property together with the right to enter on said
property for purpose of construction, reconstruction repairing
and/or altering any of the same and incidental purposes as granted
in deed recorded June 19, 1944 in Book 1702, Page 92 of Official
Records, in favor of William G. Kerckhoff Co.
Said easement affects the location thereof which is not set forth
in said deed.
No representation is made as to the present ownership of said
easement.
Continued On Next Page
Issuing Agent for:
AG-142.1) Transamerica Title Insurance Company
.
Our No. 840415-86
Continued
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
3. A Deed of Trust to secure an indebtedness of $220,000.00, and any
other amounts payable under the terms thereof, recorded July 13,
1989, as File No. 89-369734 of Official Records,
Dated: July 11, 1989.
Trustor: Jones Building, Inc., a California corporation and
Ray W. Grimm Jr. and Daran W. Grimm, husband and wife.
Trustee: Chicago Title Company, a California corporation.
Beneficiary: Bennett Exchange Corporation, a California
corporation.
The beneficial interest under said Deed of Trust was assigned to
Fred H. Tilock by assignment recorded August 14, 1989 as File No.
89-432933 of Official Records.
4. Matters which may be disclosed by an inspection or survey of said
land or by inquiry of the parties in possession thereof.
An inspection of said land has been ordered and upon its completion
we will advise you of our findings.
5. Pursuant to Sections 480.3 and 480.4 of the Revenue and Taxation
Code, the County Recorder's Office will levy an additional $20.00
Recording Fee upon all documents that are not in compliance with
said Code. To avoid being assessed the additional fee, please have
the Buyer or Transferee complete the Preliminary Change of Ownership
Report and attach to the appropriate document.
6. EFFECTIVE JANUARY 1, 1990, SECTION 12413.1 OF THE CALIFORNIA
INSURANCE CODE REQUIRES THE HOLDING OF FUNDS DEPOSITED WITH A TITLE
COMPANY FOR A PERIOD UP TO 7 BUSINESS DAYS BEFORE RECORDING AND
DISBURSEMENT CAN TAKE PLACE. THE NUMBER OF DAYS IS DEPENDENT ON HOW
THE FUNDS ARE RECEIVED; BY WIRE : IMMEDIATE; CASHIER'S, TELLER'S OR
CERTIFIED CHECK : 1 DAY; ALL OTHER CHECKS : 3-7 DAYS.
Continued On Next Page
Issuing Agent for:
AG-42.1) Transamerica Title Insurance Company
Our No. 840415-86
Continued
Plats enclosed:
NA: Jr.
.
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Issuing Agent for:
AG-142.D Transamerica Title Insurance Company
S I kVICI S
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IMPORTANT. THIS P FICATION LAf IS NOT A SURVEY NO CERT1 REPRESENTATION OR GUARAçI OF ANY /ai
ICHANC
KIND IS MADE AS TOTHE CORRECTNESS OF
OR- MAT!OJ DISCLOSED BY THIS PLAT ANY I
SHD AT YOUR REQUEST AND IT IT is FURNI
FOR CON VEtIENCE THE COMPANY ASSUMES. NO LIABILITY FOR ANY LOSS O
CUR
RING BY REASON OF RELIANCE THEREON.
.
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MAP 2152 -. BEI.LA
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LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988
SCHEDULE B
EXCEPTIONS FROM COVERAGE
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 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 which may be asserted by
persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary tines, shortage in area, encroachments, or any other facts which a correct survey would disclose, andwhich are not shown by the
public records.
5. (a) U npatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or , title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records
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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to Ci) 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 ore notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(ci 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 valuefor the insured mortgage or for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability orfailure of any subsequent owner of
the indebtedness, to comply with the applicable doing business laws of the State in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87) AMENDED 10-21-87
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1 -87) AMENDED 10-21-87
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 (ii 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.
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 • land division
• improvements on the land • 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 and13 of Covered Title Risks.
(List of Printed Exceptions and Exclusions Continued on Reverse Side)
WTC 131 REV. 9-88
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
3.
Title Risks: • the taking happened prior to the Policy Date and is binding on you if y6u bought the land without knowing of the taking
• 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 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 réferrèd 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 theforced 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 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:
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. Bights 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 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 his policy.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH ALTA ENDORSEMENT FORM I 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(includingbut-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 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 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 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 construction 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 LOAN POLICY (6-1-87) AMENDED 10-21-87
WITH ALTA ENDORSEMENT-FORM I COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87
WITH ALTA ENDORSEMENT-FORM I 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; (8) a
separation in ownership or a change in the dimensions or area of the lend 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 totheCompany 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.
4. Unenforceability ofthe lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, orthe inability orfailure of any subsequent ownerof
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 materi (or the claim of prioritbf any statutory lien for services, J@khLor materials over the lien of the insured mortgage)
arising from an improvement or work related t and which is contracted for andcommenced subsequen te of Policy and is not financed in whole or in part by
proceeds of the indebtedness Secured by the -- ed mortgage which at Date of Policy the insured has adWced or is obligated to advance.
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CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1988 LM:EP
06013 073 WTO-39117 CLTA JP Ends. NONE
SCHEDULE A
Premium: $1,180.20
Policy No.: 829170-83
Amount of Liability: $320,000.00
Date of Policy: July 13, 1989 at 1:12 P.M.
1. Name of Insured:
RAY W. GRIMM .JR., DARAN W. GRIMM, JONES BUILDING, INC. , a
California corporation and BENNETT EXCHANGE CORPORATION, a
California corporation.
2. The estate or interest in the land described herein and which is
covered by this policy is:
A Fee.
3. The estate or interest referred to herein is at Date of Policy
vested In:
RAY W. ,GRIMM JR. AND DARAN W. GRIMM, husband and wife as joint
tenants as to an undivided 112 interest and JONES BUILDING,
INC., a California corporation, as to an undivided 112 interest
as tenants in common.
4. The land referred to in this policy is situated in the State of
California, County of San Diego, and is described as follows:
See Exhibit UAU attached hereto and made a part hereof.
Issuing Agent for:
Transamerica Title Insurance Company
#4 .
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CLTA Policy No. 829170-83
EXHIBIT "A"
That portion.of Lot 15 in Block "E" of BELLA VISTA, in the City of San
Diego, County of San Diego, State of California, according to Map thereof
No. 2152, filed in the Office of the County Recorder of San Diego County,
March 7, 1929, which lies Southerly of a line that bears North 86°07' West
from a point on the Easterly line of said Lot 15 that is distant therelong
South 3°53' West 27.14 feet from the Northwesterly corner of Lot 16 in
said Block "E" of BELLA VISTA.
Issuing Agent for:
CLIA Policy No. 829170-83
SCHEDULE B
This policy does not insure against loss or damage, nor against costs,
attorney's fees or expenses, any or all of which arise by reason the
following:
PART :i
All matters set forth in paragraphs 1 to 9 inclusive on the reverse side of
the face page of this policy under the caption Part I of Schedule B.
PART II
1. General and special taxes for the fiscal year 1989-1990, a lien not
yet due and payable.
la. 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.
2. An easement for telephone and/or electric poles and lines, and for
sewer, water and/or gas mains and pipe lines in, under, over and
across said property together with the right to enter on said
property for purpose of construction, reconstruction repairing
and/or altering any of the same and incidental purposes as granted
in deed recorded June 19, 1944 in Book 1702, Page 92 of Official
Records, in favor of William G. Kerckhoff Co.
Said easement affects the location thereof which is not set forth
in said deed.
No representation is made as to the present ownership of: said
easement.
3. A Deed of Trust to secure an indebtedness of $220,000.00, and any
other amounts payable under the terms thereof, recorded July 13,
1989, as File No. 89-369734 of Official Records.
Dated: July 11, 1989.
Trustor: Jones Building, Inc., a California corporation and
Ray W. Grimm Jr. and Daran W. Grimm, husband and wife.
* Trustee: Chicago Title Company, a California corporation.
Beneficiary: Bennett Exchange Corporation, a California
corporation.
"END OF SCHEDULE B"
Continued On Next Page
Issuing Agent for:
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H_IDE DEVELOPMENT PERMIT OECK LIST
PROJECT NUMBER MS 775
Slope Analysis (4)
2. Slope Profile (4)
3. Site Plan, Grading .Plans, Building Plans, Elevations (4 each)
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r— 4. Disclosure Statement
5. Title Report (3) Transamerica Title Insurance Company, July 13, 1989,
Six pages.
DATE SIGNATURE
FORM NO. WT-4000CY California Land Title Assoc iatio tandard Coverage Policy For -
POLICY OF TITLE INSURANCE
Issued By
Transamerica Title Insurance Company
Through the Policy Agent Office of
World Title Company
SUBJECT TO THE! EXCLUSIONS FROM CC
SCHEDULE B AND THE CONDITIONS AND
a California corportl ,iin daFlrffiCi
loss or damage, no exceeding the Amount of
by reason of:
1. Title to the
2. Any defect in orJlien or encumbrance on
3. Unmarketability of the title;
4. Lack of a right of access to and from
and in addition, as to an insured lenc
TIE EXCEPTIONSFROM COVERAGE CONTAINED IN
lqNS, TRANSAMERCA TITLE iNSUANCE COMPANY,
dres, as,ot bat PThoWrriTrSchedu le A, against .7 -rn-------1 sttedflfl'ScheduIe A, sustained or IncuFred by the insured
in;
5. The invalidity or unenforceability of th
6. The priority of any lien or e ,ranc
Schedule B in the order of it ty;
7. The invalidity or unenforceability of
shown in Schedule B, or the failure of t
in the named insured assignee free an
The Company will also pay the costs, att
the insured mortgage, as insured, but on
upon the title;
riortgage, said mortgage being shown in
mortgage, provided the assignment is
le B to vest title to the insured mortgage
rred in defense of the title or the lien of
Conditions and Stipulations.
Transamerica Title Insurance Company
By
By
President
Secretary
California Land Title Association Standard Coverage Policy Form - 1988
SCHEDULE B
EXCEPTIONS FROM COVERAGE
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 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 which maybe asserted by persons inpossession4hereof
3. basements, 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 exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
PART II
(Part II appears on pages inserted herein)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dam-
age, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii)
the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a 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 result-
ing 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.
Continued on Inside Rack Cover
Continued from Back of Front Cover
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by
the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became
an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,
or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business
laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) insured': the insured named in Schedule A, and, subject to any
rights or defenses the company would have had against the named
insured, those who succeed to the interest of the named insured by oper-
ation of law as distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors. The term 'insured" also
includes
(i) the owner of the indebtedness secured by the insured mort-
gage and each successor in ownership of the indebtedness except a
successor who is an obligor under the provisions of Section 12(c) of
these Conditions and Stipulations (reserving, however, all rights and
defenses as to any successor that the Company would have had against
any predecessor insured, unless the successor acquired the indebted-
ness as a purchaser for value without knowledge of the asserted defect,
lien, encumbrance, adverse claim or other matter insured against by this
policy as affecting title to the estate or interest in the land);
(ii) any governmental agency or governmental instrumentality
which is an insurer or guarantor under an insurance contract or guaranty
insuring or guaranteeing the indebtedness secured by the insured mort-
gage, or any part thereof, whether named as an insured herein or not;
(iii) the parties designated in Section 2(a) of these Conditions and
Stipulations.
(b) "insured claimant": an insured claiming loss or damage.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule B, the owner
of which is named as an insured in Schedule A.
(e) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the pub-
lic records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(f) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A, nor any right, title, interest, estate or ease-
ment in abutting streets, roads, avenues, alleys, lanes, ways or waterways,
but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(h) "public records": records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relat-
ing to real property to purchasers for value and without knowledge.
(i) "unmarketability of the title": an alleged or apparent matter affect-
ing the title to the land, not excluded or excepted from coverage, which
would entitle a purchaser of the estate or interest described in Sched-
ule A or the insured mortgage to be released from the obligation to pur-
chase by virtue of a contractual condition requiring the delivery of
marketable title.
2. CONTINUATION OF INSURANCE.
(a) After Acquisition of Title by Insured Lender. If this policy insures
the owner of the indebtedness secured by the insured mortgage, the cov -
erage of this policy shall continue in force as of Date of Policy in favor
of (I) such insured lender who acquires all or any part of the estate or
interest in the land by foreclosure, trustee's sale, conveyance in lieu of
foreclosure, or other legal manner which discharges the lien of the
insured mortgage; (ii) a transferee or the estate or interest so acquired
from an insured corporation, provided the transferee is the parent or
wholly-owned subsidiary of the insured corporation, and their corporate
successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds;
and (iii) any governmental agency or governmental instrumentality which
acquires all or any part of the estate or interest pursuant to a contract of
insurance or guaranty insuring or guaranteeing the indebtedness secured
by the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of this
policy shall continue in force as of Date of Policy in favor of an insured
only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given
by a purchaser from the insured, or only so long as the insured shall have
liability by reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not con-
tinue in force in favor of any purchaser from an insured of either (i) an
estate or interest in the land, or (ii) an indebtedness secured by a pur-
chase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisi-
tion or after the conveyance by an insured lender shall in neither event
exceed the least of:
(i) The amount of insurance stated in Schedule A;
(ii) The amount of the principal of the indebtedness secured by
the insured mortgage as of Date of Policy, interest thereon, expenses of
foreclosure, amounts advanced pursuant to the insured mortgage to
assure compliance with laws or to protect the lien of the insured mortgage
prior to the time of acquisition of the estate or interest in the land and
secured thereby and reasonable amounts expended to prevent deteri-
oration of improvements, but reduced by the amounts of all payments
made; or
(iii) The amount paid by any governmental agency or governmen-
tal instrumentality, if the agency or the instrumentality is the insured
claimant, in the acquisition of the estate or interest in satisfaction of its
insurance contract or guaranty.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
An insured shall notify the Company promptly in writing (I) in case of
any litigation as set forth in 4(a) below, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is adverse
to the title to the estate or interest or the lien of the insured mortgage,
as insured, and which might cause loss or damage for which the Com-
pany may be liable by virtue of this policy, or (iii) if title to the estate or
interest or the lien of the insured mortgage, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then
as to that insured all liability of the Company shall terminate with regard
to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be prej-
udiced by the failure and then only to the extent of the prejudice.
DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of such insured in litigation in which any third party asserts a
claim adverse to the title or interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of such insured to object for
reasonable cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs or expenses incurred
by an insured in the defense of those causes of action which allege mat-
ters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate
or interest or the lien of the insured mortgage, as insured, or to prevent
or reduce loss or damage to an insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any
60
Ci
Issued from the office of
/
.__-,,x_r S•
AI II1'L.1:lI'i I I I'{']lth'k'
HOME OFFICE
6670 Amador Plaza Road
Dublin, California 94568
(415) 829-2771
S
Arizona Division
34 West Monroe Street
Phoenix, Arizona 85003
(602) 262-0511
S
Northern California Division
6670 Amador Plaza Road
Dublin, California 94568
(415) 829-2771
S
Southern California Division
801 Civic Center Drive West
Santa Ana, California 92701
(714)547-5777
.
Colorado Division
1800 Lawrence Street
Denver, Colorado 80202
(303) 291-4800
S
Northeast Division
90 East Halsey Road
Parsippany, New Jersey 07054
4 (201) 515-0050
Midwest Division
33762 Schoolcratt Road
Livonia, Michigan 48150
(313) 425-2500
Southeast Division
One Urban Centre
4830W. Kennedy Boulevard
Tampa. Florida 33609
(813) 874-0660
S
Southwest Division
12160 Abrams Road
Dallas, Texas 75243
(214)234-3366
S
Northwest Division
Park Place
Sixth Avenue at University Street
Seattle, Washington 98101
(206)628-4650 Transamerica
Title Insurance Services
o Arcadia
30 East Santa Clare Avenue
Arcadia, CA-91006
(818) 574-0060
o Bakersfield
5300 California Avenue
Bakersfield, CA 93309
(805) 323-7100
.
El Los Angeles
7530 North Glenoaks Blvd.
Burbank, CA 91504
(818) 506-8118
(213) 767-2800
(800) 272-3528
.
0 Orange
1 City Boulevard, West
Orange, CA 92668
(714) 634-2273
0 Riverside
1660 Chicago Ave., Bldg. M
Riverside, CA 92507
(714) 682-9050
0 San Bernardino
320 North E"Street, Suite 100
San Bernardino, CA 92401
(714) 889-5777
.
0 San Diego
1455 Frazee Road, #408
San Diego, CA 92108
(619) 260-0015
provision of this policy. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed
a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole dis-
cretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, an
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such insured for this pur-
pose. Whenever requested by the Company, an insured, at the Compa-
ny's expense, shall give the Company all reasonable aid (i) in any action
or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in
any other lawful actwhich in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest or the lien of
the insured mortgage, as insured. If the Company is prejudiced by the
failure of an insured to furnish the required cooperation, the Company's
obligations to such insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof
of loss or damage signed and sworn to by each insured claimant shall
be furnished to the Company within 90 days after the insured claimant
shall ascertain the facts giving rise to the loss or damage. The proof of
loss or damage shall describe the defect in, or lien or encumbrance on
the title, or other matter insured against by this policy which constitutes
the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of an insured claimant to provide the required
proof of loss or damage, the Company's obligations to such insured under
the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or mat-
ters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Com-
pany and shall produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any authorized rep-
resentative of the Company, all records, books, ledgers, checks, corre-
spondence and memoranda, whether bearing a date before or after Date
of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized repre-
sentative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or con-
trol of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by an insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of an insured claimant to submit for
examination under oath, produce other reasonably requested informa-
tion or grant permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless prohibited by law
or governmental regulation, shall terminate any liability of the Company
under this policy as to that insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the fol-
lowing additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Pur-
chase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay; or
(ii) in case loss or damage is claimed under this policy by the owner
of the indebtedness secured by the insured mortgage, to purchase the
indebtedness secured by the insured mortgage for the amount owing
thereon together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to the
time of purchase and which the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided,
the owner of the indebtedness shall transfer, assign, and convey the
indebtedness and the insured mortgage, together with any collateral
security, to the Company upon payment therefor.
Upon the exercise by the Company of this option provided for in
paragraph a(i), all liability and obligations to the insured under this policy,
other than to make the payment required in that paragraph, shall ter-
minate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, and the policy shall be surrendered to the Company
for cancellation.
Upon the exercise by the Company of the option provided for in para-
graph a(ii) the Company's obligation to an insured Lender under this
policy for the claimed loss or damage, other than the payment required
to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, to-
gether with any costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Company up to the time
of payment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were author-
ized by the Company up to the time of payment and which the Company
is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in paragraphs b(i) or b(ii), the Company's obligations to the insured
under this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation
to defend, prosecute or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy to an insured lender
shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applica-
ble, the amount of insurance as defined in Section 2(c) of these Condi-
tions and Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by
the insured mortgage as limited or provided under Section 8 of these
Conditions and Stipulations or as reduced under Section 9 of these Con-
ditions and Stipulations, at the time the loss or damage insured against
by this policy occurs, together with interest thereon; or
(iii) the difference between the value of the insured estate or inter-
est as insured and the value of the insured estate or interest subject to
the defect, lien or encumbrance insured against by this policy.
(b) In the event the the insured lender has acquired the estate or inter-
est in the manner described in Section 2(a) of these Conditions and
Stipulations or has conveyed the title, then the liability of the Company
shall continue as set forth in Section 7(a) of these Conditions and Stip-
ulations.
(c) The liability of the Company under this policy to an insured owner
of the estate or interest in the land described in Schedule A shall not
exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or inter-
est as insured and the value of the insured estate or interest subject to
the defect, lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and ex-
penses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, or otherwise estab-
lishes the lien of the insured mortgage, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion
of any appeals therefrom, it shall have fully performed its obligations with
respect to that matter and shall not be liable for any loss or damage
caused thereby,
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the titles, or, if applicable, to the lien of the insured mortgage, as
insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
(d) The Company shall not be liable to an insured lender for: (i) any
indebtedness created subsequent to Date of Policy except for advances
made to protect the lien of the insured mortgage and secured thereby
Continued on Reverse
Continued from Inside
and reasonable amounts expended to prevent deterioration of improve-
ments; or (ii) construction loan advances made subsequent to Date of
Policy, except construction loan advances made subsequent to Date of
Policy for the purpose of financing in whole or in part the construction
of an improvement to the land which at Date of Policy were secured by
the insured mortgage and which the insured was and continued to be
obligated to advance at and after Date of Policy.
9. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF LIABILITY.
(a) All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of insurance pro
tanto. However, as to an insured lender, any payments made prior to the
acquisition of title to the estateor interest as provided in Section 2(a) of
these Conditions and Stipulations shall not reduce pro tanto the amount
of insurance afforded under this policy as to any such insured, except
to the extent that the payments reduce the amount of the indebtedness
secured by the insured mortgage.
(b) Payment in part by any person of the principal of the indebted-
ness, or any other obligation secured by the insured mortgage, or any
voluntary partial satisfaction or release of the insured mortgage, to the
extent of the payment, satisfaction or release, shall reduce the amount
of insurance pro tanto. The amount of insurance may thereafter be
increased by accruing interest and advances made to protect the lien of
the insured mortgage and secured thereby, with interest thereon, pro-
vided in no event shall the amount of insurance be greater than the
Amount of Insurance stated in Schedule A.
(C) Payment in full by any person or the voluntary satisfaction or
release of the insured mortgage shall terminate all liability of the Com-
pany to an insured lender except as provided in Section 2(a) of these
Conditions and Stipulations.
10. LIABILITY NONCUMULATIVE.
It -it expressly understot5d that the amount-of insurance-under this
policy shall be reduced by any amount the-Company may pay under any
policy insuring a mortgage -to which exception is taken in Schedule B
or to which the insured has agreed, assumed, or taken subject, or which
is hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender,
unless such insured acquires title to said estate or interest in satisfac-
tion of the indebtedness secured by an insured mortgage.
11. PAYMENT OF LOSS.
(a) No payment shall be made without producing this -policy for en-
dorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the satis-
faction of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person
or property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the Com-
pany all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any trans-
action or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall -be subrogated (i) as to an insured
owner, to all rights and remedies in the proportion which the Company's
payment-bears to the whole amount of the loss; and (ii) as to an insured
lender, to all rights and remedies of the insured claimant after the insured
claimant shall have recovered its principal, interest, and costs of collection.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to the Company
by reason of the impairment by the insured claimant of the Company's
right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured
by an insured mortgage, provided the priority of the lien of the insured
mortgage or its enforceability is not affected, may release or substitute
the personal liability of any debtor or guarantor, or extend or otherwise
modify the terms of payment, or release a portion of the estate or inter-
est from the lien of the insured mortgage, or release any collateral secu-
rity for the indebtedness.
When the permitted acts of the insured claimant occur and the insured
has knowledge of any claim of title or interest adverse to the title to the
estate or interest or the priority or enforceability of the lien of an insured
mortgage, as insured, the Company shall be required to pay only that part
of any losses insured against by this policy which shall exceed the
amount, if any, lost to the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(c) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, nothwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisi-
tion of an insured mortgage by an obligor (except an obligor described in
Section 1(a)(ii) of these Conditions and Stipulations) who acquires the
insured-mortgage as a result of an indemnity, guarantee, other policy of
insurance, or bond and the obligor will not be an insured under'this policy,
notwithstanding Section 1 (a)(i) of these Conditions and Stipulations.
13. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of-the American Arbitration Association; Arbitrable matters may-include,
but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy pro-
vision or other obligation. All arbitrable matters when the Amount of Insur-
ance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of Insur-
ance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award ren-
dered by the Arbitrator(s) may be entered in any court having jurisdic-
tion thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured
and the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest cov-
ered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary,
or validating officer or authorized signatory of the Company.
.15. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that pro-
vision and all other provisions shall remain in full force and effect.
16. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number
of this policy and, shall be addressed to the Company at RO. Box 2370,
Dublin, California 94568, or at the Policy Issuing office.
DISCLOSURE FORM
APPLICANT: Jones 'Building, Inc. and Ray W. & Daran W. Grimm, Jr.
Na (individual, partnership, joint venture, corporation, i -y-ndicatior P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
(619) 720-1858
Telephone Number
AGENT: Thomas E. Jones
Name
P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
(619) 720-1858
Telephone Number
MEMBERS: Jones Building, Inc. a California Corporation
Name (individual, partner, joint Home Address venture, corporation, syndication)
Corporate No. 1604111, Incorporated Jan. 11, 1988
P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
Thomas E. Jones, President (619) 720-1858
Telephone Number Telephone Number
Ray W. & Daran W. Grimm, Jr. 4460 Highland Dr., Carlsbad 92008
Name Home Address
Business Address
(619) 438-8977 (619) 729-5204
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. 1/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.
Jones Building, Inc. and
Ray & Daran Grimm
APPLICANT
BY O5
Agent, Owner, Partner
. .
DISCLOSURE FORM
APPLICANT: Jones Building, Inc. and Ray W. & Daran W. Grimm, Jr.
Name (individual, partnership, joint venture, corporation, syndicatior
P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
(619) 720-1858
Telephone Number
AGENT: Thomas E. Jones
Name
P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
(619) 720-1858
Telephone Number
MEMBERS: Jones Building, Inc. a California Corporation
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Corporate No. 1604111, Incorporated Jan. 11, 198
P.O. Box 2236, Carlsbad, Ca. 92008
Business Address
Thomas E. Jones, President (619) 720-1858
Telephone Number Telephone Number
Ray W. & Daran W. Grimm, Jr. 4460 Highland Dr., Carlsbad 92008
Name Home Address
Business Address
(619) 438-8977 (619) 729-5204
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
necessary for members of
members, or City Council
subject of this application.
the process of reviewing this application, it may be
City Staff, Planning Commissioners, Design Review Board
members to inspect and enter the property that is the
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.
Jones Building, Inc. and
Ray & Daran Grimm
APPLICANT
BY
Agent, Owner, Partner
CITY OF CARLSBAD
CARLSBAD, CALIF046928 1200 ELM ENUE
438-5621
.REC'D FROM a— /c , - 3270 j17
ACCOUNT NO. DESCRIPTION AMOUNT
3 dI
-
3270 02/13/90 0001 01 02 c—cr M~A AA
RECEIPT NO. 95,277 TOTAL
.
0
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
Applicant Signature:
Staff Signature:
Date: c>2 —;
-
To be stapled with receipt to application
Copy for file
LAND 4PE REVIEW APPLICATIONORMS
INSTRUCTIONS TO APPLICANTS
In order to streamline the application process and reduce duplication in filling
out application forms the City has adopted a comprehensive application form to
handle multiple application submittals. The following instructions should assist
you in preparing the application form for submittal to the City:
1. Applications applied for: Check the appropriate boxes for the various
application types for which you are applying. Check with counter staff
to determine required application types needed to process your specific
project.
2. Location of Project: Fill in the blanks with the appropriate direction
and street names. For projects located in undeveloped areas not adjacent
to streets use the nearest street from which the project will take access.
3. Brief Legal Description: Generally provide a brief legal description of
the property such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or,
portion of Lot I of Rancho Agua Hedionda Map 1717. Do not provide bearings
and distances. A full legal description will be contained within the title
report submitted with the application.
4. Assessor Parcel No.(s): Include all assessors parcel numbers included
within the project boundary. The counter staff can assist you in
determining the appropriate assessors parcel number(s).
5. Local Facilities Management Zone: Write the number of the facilities
management zone within which your project is located. Ask for counter
assistance in determining which facility zone your project is located.
It is important to know which facility zone includes your project. Each
facility zone must have an adopted local facilities management plan before
applications can be accepted by the City. Additionally, the adopted
facility plan for your zone may contain significant public facility
requirements which must be met before your project may be accepted as
complete or before construction permits are issued.
6. Existing General Plan Designation: Write down the General Plan
Designation(s) for the property covered by your proposed project. Ask for
counter assistance if you do not know your general plan designation.
7. Proposed General Plan Designation: Required only if your project involves
a request for a general plan amendment. If so, write in the proposed
general plan designation for the property.
8. Existing Zoning: Write down the existing zone plan designation for your
proposed project property. Ask counter staff for assistance if you do not
now your zone designation.
9. Proposed Zoning: Required only if your project involves a request for a
zone change. If so, write in the proposed zone designation(s).
10. Gross Site Acreage: Write down the total acreage of the property over
which your proposed project is situated. Not necessary for Zone Code
Amendments or Variances.
11. Proposed Number of Residential Units: Required for residential projects.
Write down the total number ofproposed dwelling or apartment units to be
included in the project. Include existing units which are included within
the project boundary.
12. Proposed Number of Lots: For tentative tract maps and minor subdivisions
only. Write down the number of lots which are proposed to be created.
Include remainder parcels, open space and private street lots.
ARFM0008.DH 4/89
113. Type of Sub divij: For tentative tract and parcmaps only. Write down
The type or types of uses included within the subdivision. For example:
residential or commercial/industrial.
14. Number of Existing Residential Units: Write down the number of existing
dwelling or apartment units currently exiSting on the project site.
15. Proposed Industrial /Office Square Footag: For all projects which propose
the creation of new industrial buildings. Write in the proposed gross
square footage to be applied for industrial/office use.
16. Proposed Commercial Square Footage: For all projects which propose the
creation of new commercial buildings. Write in the proposed gross square
footage to be applied to commercial use.
17. Percentage of Proposed Project in Open Space: Write down the percentage
of gross project site acreage which qualifies as open space per the growth
management standards. Not required for Variance Applications.
18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling
unit (EDU) is the average of sewer generated by one house or dwelling.
One EDU is equivalent to 220 gallons per day of sewer usage. Use the
attached EDU chart to determine the sewer usage for your project. Ask for
assistance at the counter if you are unsure how to determine your usage.
For industrial projects use the following assumptions:
a. Undeveloped industrial assume 30 percent building
coverage.
b. Improved lot industrial assume 40 percent building coverage.
C. For shell or unknown industrial building usage assume 1 EDU
for each 1800 square feet.
19. Proposed Increase in Average Daily Traffic (ADT): Write down the
projected increase in traffic genration which will result as a consequence
of approval of your proposed project. Use the traffic generation rates
as determined by the latest San Diego Association of Government Traffic
Generation Rate Guide (attached).
20. Project Name: Fill in the box with the name of the project. Such as
Rising Glen or Aviara. If no name is proposed write in the last name of
the owner or applicant plus a brief description such as Hauser Condo
Conversion or Wickham Residential Subdivision.
21. Brief Description of Project: Write down a brief description of the
project. Be specific but do not include square footages or architectural
details. For example: a neighborhood commercial center with two drive
thru restaurants; or, a single family detached residential project; or,
an industrial/office complex with three industrial/office buildings.
22. Owner's Name, Address, Telephone and Signature: To be filled in and
signed 6y the owner for all applications. Use the owner's name as it
appears on the title report.
23. Applicant's, Name, Address, Telephone and Siqnature: To be filled in and
si9ned by the applicant. If owner and applicant are the same you may
write same on the space for the name. All correspondence and contact
regarding the application will be directed to the applicant.
Application Submittal Requirements: Attached with the application form are the
various submittal checklists for each application type listed on the face of the
application. Follow any instructions contained within the submittal
requirements and submit the information and materials required for each of the
applications for which you are applying.
ARFM0008.DH 4/89
IMPORTANT NOTE I
CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND MATERIALS HAVE
BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE SUBMITTALS WILL NOT BE
PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL
BE NOTIFIED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE.
Applicant Disclosure Form - All applications require submittal of an applicant
disclosure form. Follow the instructions provided on the form and the attached
information sheet.
Circulation Impact Analysis - All applications which propose an increase in the
traffic generation rate of 500 vehicles or more over existing traffic generation
for the site must submit a Circulation Impact Analysis. This Analysis will be
used to determine compliance of your project with Growth Management Facility
Standards. The analysis is not to be considered in lieu of project related
traffic studies which may be required by staff to analyze specific project
related on and off site traffic issues.
Hillside Development Permit - A Hillside Development Permit is required for all
projects with a slope of fifteen percent or more and an elevation differential
greater than fifteen feet. Check with City staff if you are uncertain whether
or not your proposed project site requires a hillside development permit. If
required follow the instructions provided on the application form.
Environmental Impact Assessment Form - All applications for development require
submittal of an Environmental Impact Assessment Form. Larger projects or
projects in environmentally sensitive areas may require more detailed
Environmental Impact Reports. Follow the instruction provided with the
application form.
Coastal Development Permit - Projects within the coastal zone boundary may
require a Coastal Development Permit. For most projects, application is made
to the State Coastal Commission. For projects within the Coastal Zone Boundary
and the City's Redevelopment Area, application for a Coastal Development Permit
is made with the City. Follow the instructions on the application form.
Applicants requiring Coastal Development Permits may wish to obtain a Coastal
Development Permit Handbook available at the Development Processing Counter for
nominal fee.
ARFM0008.DH 4/89
. .San Diego
ASSOCIAI'ION OF BRIEF GUIDE OF VEHICULAR GOVERNMENTS' TRAFFIC GENERATION RATES FOR THE SAN DIEGO REGION
Suite 524, Security Pacific Plaza -
1200 Third Avenue
San Diego, California 92101 JULY 1964
(619) 236-5300
NOTE: This fist only represents a average, or estimated, traffic generation rates for land uses (emphasis on acreage and building square
footage) In the San Diego region These rates are subject to change as future documentation becomes available, ores local sources are updated
For more specific information regarding traffic data and trip rates, please refer to the San Diego Traffic Generators manual. Always check with
local jurisdictions for their preferred or applicable rates.
ESTIMATED WEEKDAY VEHICLE HIGHEST PEAK HOUR % (plus IN:OUT ,ado)
LAND USE TRIP GENERATION RATE Between 7-9 A.M. Between 4-9 PM.
Agriculture (Open Space) 2/acre"
Airports
Commercial 12/acre, 100/flight. 70/1000 sq ft." 6%(6.4) 7%(5.5)
General Aviation 4/acre, 2 flight. 6/based aircraft'
H&iports 100/acre-
Automobile
Car Wash 900/site. 600/acre" 4% (5 5) 9%(55)
Gasoline 750/station, 130/pump" 6%(55) 12%(55)
Repair & Sales (Dealer) 60/1000 sq. ft . 400/acre, 60/service stall' 8%(64) 10%(46)
Banking
Bank (Walk-in only) 150/1000 sq ft , 1000/acre' " 4%(73) 8%(46)
Bank (w/Drive-through) 20011000 sq ft . 1500/acre' 5% (6 4) 10%(55)
Drive-through only 300/(150 one-way)/Iane' 3% (55) 13%(5-5)
Savings & Loan 60.1000 sq It 600/acre" 2% 9%
Drive-through Only tOO (50 one-wiiy)/lane" 4% 15%
Cemeteries 5/acre'
Church (or Synagogue) 15/1000 sq ft . 40/acre " (triple rates 41's (8 2) 8%(55)
for Sunday. or days of assembly)
Commercial/Retail Centers
Super Regional Shopping Center 40/1000 sq. ft . 400/acre' 2% (7 3) 9%(55)
(More than 60 acres, more than
600.000 sq. ft., w/usuelly 3+
major stores)
Regional Shopping Center 50/1000 sq. ft.. 500/acre' 2%(73) 9%(5.5)
(30-60 acres. 300.000-600.000
sq. ft.. w/usually 2 major stores)
Community Shopping Center 70/1000 sq ft.. 700/acre 3% (6 4) 10%(55)
(10-30 acres, 100.000.300.000 sq. ft..
w/usualty I major Store and
detached restaurant)
Neighborhood Shopping Center 120/1000 sq. W. 1200/acre' " 4% (64)
(Less than 10 acres, less than
100.000 sq. ft.. w/usuatly grocery
store & drug store)
Commercial Shops 40/1000 sq. ft., 400/acre' 3% (6 4) 9% (5.5)
(also strip commercial)
Grocery Store 150/1000 sq ft , 1500/acre' " 3% (7 3) 11% (5 5)
Convenience Market 500/1000 sq ft" "
8% (5 5)
2% (64)
8%155)
10% (5 5) Discount
Furniture Store
70/1000 sq. ft . 700/acre'
6/1000 sq it . 100/acre" 4% (6 4) 9% IS 5)
Lumber Store 30/1000 sq ft , 150/acre" 7% (6 4) 9%(55)
9% (5 5) Hardware/Paint Store 60/1000 sq ft . 600/acre"
40/1000 sq ft., 90/acre"
3% (64)
3%(64) 10% (5.5)
Garden Nursery
Education
University (4 years) 2 5/student. 100 acre' 10% (9 1)
1)
9% ('37)
8% (3 7) Junior College (2 years) 1 6/student. 80'acre' 12% (9
20%(82) 14% (3 7)
High School I 4'student. 50/acre' 24% (7 31 7 (3 1) Middlei'Junior High 1 0/student. 40/acre' 2601b (6 4) 5% (3 7) Elementary 14 student 60/acre" 17% (5 5) 18% (5 5) Day Care 3/ch4d. 70/1000 Sq ft**
MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado. Del Mar, El Cajon, Encinitas. Escondido. lrnpnr:al Beach. La Mesa,
Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach. Vista arid County of San Diego
ADVISORY/LIAISON MEMBERS: California Department of Transportation. U S. Department of Defense and Tijuana/Baja California Norte.
U
,Hospitals
General 20;bed. 20/1000 sq ft .20O/cre' 9%(82) 7)
Convalescent/Nursing 3/bed" 5". 5%
Industrial
Industrial/Business Park (commercial included) 16/1000 sq ft 200/acre' • 12% (8 2) 12% (28)
Industrial Park (no commercial) 8/1000 sq if 90/acre' 17% (9 I) 72% (2 8)
Industrial Plant (multiple shifts) 10/1000 sq ft 120/acre' 14% (8 2) 15% (3 7)
Manufacturing/Assembly 411000 sq ft. 60/acre" 2"o (9 I) 20%(1 9)
Warehousing 5/1000 sq ft. 60,acre" 150-6 (7 3) 25% (4 6l
Storage 2'1000 sq ft 0 2/vault. 30/acre' 51; (5 5) 9% (5 5)
Science Research & Development 8/1000 sq ft. 80 acre' 16-6(g t) 74%)) 9)
Administrstlofl/COrPQrSte Headquarters 7/1000 sq ft. 100/acre" 18010 (9 7) 16% (1 9)
Library 4011000 sq. It.. 400/acre" 206 (73) 10% (5 5)
Lodging
Hotel (w/convention facIlItIes/restaurant) 10/room. 300/acre' 6% ir 41 8%(64)
Motel 9/room. 2001acre' 8'0 (4 6) 9% 4)
Resort Hotel 8/room, 100/acre 5% (6 4) 7% (4 6)
Military 25 military & civilian personnel' 9% (9 I) 10%(28)
Oft icps
Standard Commercial Office 20/1000 sq ft. 300/acre' 14% (9 1) 13%(28)
(less than 100,000 sq ft.)
Large (high-rise) Commercial Office 1711000 sq ft 600/acre' 13'. (9 1) 14% (2 5)
(more than 100,000 sq fl./6 stories)
Government (Civic Center) 30/1000 sq ft " 904 (9 I) 121% (3 7)
Post Office 150/1000 sq ft." 7016 (55) 8%(55)
Department of Motor Vehicles 180/1000 sq ft. 900/acre" 601a f6 4) 11%(46)
Medical 50/1000 sq ft . 500/acre' 6% (8 2) 1(r 13 7)
Parks
City (developed) 50,acre'
Regional (undeveloped) Siacre' 4% 8%
Neighborhood 5/acre"
Amusement (Theme) 80/acre, 130/acre (summer only)"
San Diego Zoo 115/acre'
Sea World 80/acre'
Rec'cntion
Beach Ocean or Bay 600.1 1000 ft shoreline, 60 acre• 77% (46)
Beach. Lake (fresh water) 50/1000 ft shoreline, 5/acre'
Bowling Center 30'tane, 300/acre" 7'. (7 3) 70% (46)
Campground 4/campsite" 41. 8110
Golf Course S'acre. 600/course' • 6% (M 2) 9% (3 7)
Marinas 4'berth. 20acre' " 3% 9,'. (3 7)
Racquetball/Health Club 4011000 sq ft . 300/acre. 40/court' 40. (64) 9% (6 4)
Tennis Courts 3011000 Sq ft .30/court" 4%
Sports Facilities
Outdoor Stadium 50.'acre. 0 2/seat'
Indoor Arena 30/acre. 0 1/seat'
Racetrack 40/acre. 0 6/seat'
Theaters (multiplex) 80/1000 sq. ft.. 1.8/seat' 0 30 8%(73)
Residential
Single Family Detached 10/dwelling unit 8% (2 8) 10'. (7 3)
(average 4 01)/acre)
Condominium 8/dwelling unit' 851a (2 8) 1001 (7 3)
(or any multi-family less than
20 Oh/acre)
Apartments 6/dwelling unit' 81i (2 81 11% (73)
(or any multi-family units more than
20 Oh/acre)
Mobile Home 5dwetlng unit. 40/acre 9% (3 7) tl% (6 4)
Retirement Community 4/dwelling unit"
fliirnl Estate . 12'dwt'llirirt unit"
Congregate Care Facility 21dweIllng unit" 3%(r) 4) '.• (5 )
Restaurants
Quality 1001000 sq ft . 500'acre' " 1°. (64) 8% (7 3)
Sit down, high turnover 3001 1000 sq ft . 1200 acre' " 81. (5 5) 6% 1641
Fast Food (w/drive-through) 700/1000 sq ft 3000 aCre' '' 4'. )t 4) R". (6 61
Transportation Facilities
Bus Depot 25 1000 sq ft
Truck Terminal 10'1000 sq ft . 60/acre" 9% (4 61 8% (5 5)
Waleroort ' 170/berth. 12acre"
Transit Station (Rail) 300.acre" 14%(7 3) 15% (3 7)
'Primary source San Diego flallic Generators.
Other sources ITE Trip Generation Report. Trip Generation Rates )other agencies) various SANOAG & CALTRANc sttidi repi-irtit and retimalrqt
n
.
TABLE 13.10.020(c)
Type of Building, Structure or Use Equivalent Dwelling Units
(1) Each space of a trailer court or mobilehome park 1.00
(2) Each duplex 2.00
(3) Each separate apartment in an apartment house 1.00
(4) Each housing accommodation designed for occu-
pancy by a single person or one family, irrespective of -
the number actually occupying such accommodation 1.00
(5) Each room of a lodginghouse, boardinghouse, hotel,
motel or other multiple dwelling designed for sleeping
accommodations for one or more individuals
Without cooking facilities 0.60
With cooking facilities 1.00
(6) Churches, theaters and auditoriums, per each unit of
seating capacity (a unit being one hundred fifty per-
Sons or any fraction thereof) 1.33
(7) Restaurants:
No seating 2.67
Seating 2.67 plus 1.00 per each 7 seats
or fraction thereof
Delicatessen or fast food, using only disposable table-
ware:
No seating 2.67
Seating 2.67 plus 1.00 per each 21 seats
or fraction thereof
(8) Automobile service stations:
Not more than four gasoline pumps 2.00
More than four gasoline pumps 3.00
(9) Self-service laundries, per each washer .75
358-1 (Carlsbad 8-88)
.
TABLE 13.10.020(c)
Type of Building, Structure or Use Equivalent Dwelling Units
(10) Office space in industrial or commercial establish-
ments not listed above Divide the gross floor area of
the building in square feet by
1800
(11) Schools:
Elementary schools
For each sixty pupils or fraction thereof 1.00
Junior high schools
For each fifty pupils or fraction thereof 1.00
High schools
For each thirty pupils or fraction thereof 1.00
(12) In the case of all commercial, industrial and business
establishments not included in subdivisions 1 through
10, inclusive, of this subsection the number of equiv -
alent dwelling units shall be determined in each case
by the city engineer and shall be based upon his esti-
mate of the volume and type of wastewater to be
discharged into the sewer. The provisions of Chapter
13.16 shall apply to all cases under this subsection and
an industrial waste permit shall be required. Any such
permit, issued for any use hereunder. shall include a
specific volume of sewage authorized for such use. If
said amount is exceeded, it shall be grounds for
revocation of the permit.
(13) Warehouses: Divide the gross floor area
of the building in square
feet by 5000
359
COAST WASTE MANAGEMENT, INC.,
PHONE: 753-9412
5960 EL CAMINO REAL, P. 0. BOX 947, CARLSBAD, CALIFORNIA 92008
or 452-9810
The following information regarding three (3) cubic yard refuse bin enclosures is offered as an aid in
planning new projects or developments and to define our liability with respect to servicing customer
owned enclosures.
These recommendations are based on our experience in handling three (3) cubic yard bins. The meas-
urements of a three (3) cubic yard bin are seven (7) feet wide, five (5) feet high, and four (4) feet deep.
1) If the bin is to sit on a slab, the minimum inside dimensions of the slab should be ten (10) feet wide
and seven (7) feet deep. It is extremely important that the slab be at the same level or grade
as the street or parking area to facilitate the rolling of bins for loading positioning.
2) If your bin is equipped with wheels, it is very important that the slab it sits on be level. Wheeled bins
can be moved by jarring or pushing and a sloped slab can cause them to roll, resulting in possible
damage to enclosure walls, doors, vehicles, or injury to people.
3) It is necessary to move bins in order to dump them, please keep in mind:
A) Empty bins weigh 550 lbs.
B) Full bins weigh 800-1,400 lbs.
C) Bins can be rolled on flat areas or gradual inclines only. They cannot go over curbing, ledges,
raised sidewalks or dirt.
D) If bins must be moved more than ten (10) feet to be serviced, an additional charge will be made
based on the time and distance involved.
4) If the bins are to be kept in an enclosure, It Is recommended that: (See Page 3)
A) Enclosures be structurally strong.
B) Enclosure slab should be level or on the same grade as the approach to the bin.
C) Qne of the following methods of protecting the inside of your enclosure from damage by a bin
should be used:
1) Install a 2" x 12" board, mounted directly behind and to the side of all surfaces that the bin
may come into contact with. This board should be mounted so that its center is located
approximately 4' x 41/2" above floor level.
2) Additionally, a 4" x 4" x 7' piece of angle iron bumper, bolted or otherwise securely fastened
directly to the floor.
Please keep in mind that if a wooden bumper is used, we cannot be responsible for normal
wear, tear and deterioration of the wood.
All floor bumpers should be placed at least 8" from the base of all surfaces lying directly
behind and to the sides of the bin.
D) If gates are used on the enclosures, they should be mounted so that they swing fully open
with no protrusion Into the path of the bin. This is best done by mounting the gates on the
front edge of the side wails. (See page 3). The gates should have either chains and hooks
or pin stops at their full open point to hold them open to allow the bins to be moved
In and out without damaging the gates or doors. Construction should be heavy duty.
Page 1
M1
PHONE: 753-9412
COAS WASTE MANAGEMEf, INC.
5960 EL CAMINO REAL, P. 0. BOX 947, CARLSBAD, CALIFORNIA 92008
or 452-9810
E) If wooden frame enclosures are built, the door framing and hinges should be bolted together
as nails and screws do not hold up under constant use. Keep in mind tenants will be going
in and out of the enclosures thousands of times.
F) These recommendations are based on one (1) bin per enclosure. If you are planning on more
bins per enclosure, we will be happy to assist you in working out the dimensions.
G) If an enclosure must be some other shape than that indicated in the enclosed diagram, please
call us for additional recommendations.
5) For planning purposes in setting up refuse storage areas, these standards should be met:
13 -6 -
A) Minimum overhead clearance for approach to the bin should be sixteen (i.81 feet This clearance
is also required at roof lines such as overhanging car ports.
B) Minimum driveway width for straight through drive and pick-up is fourteen (14) feet. Eighteen (18)
feet is required when a truck has to back out.
C) Concrete or asphalt drives should be of sufficient strength to accommodate 54,000 lbs. distrib-
uted on ten (10) wheels.
D) A minimum radius of 36 feet should be provided in areas where a turnaround is required to exit.
6) Slab construction specifications will vary according to methods of construction. Please provide this
information to your contractor to insure adequate slab strength.
7) If the bin is to be in an unenclosed area, but against a structure, it is recommended that the curbing
or wall protection recommended to protect the inside enclosure walls be adapted to provide protec-
tion for the structure.
8) The extra weight of the bin on the front of the truck when the bin is picked up can damage pavement
in front of the bin. The best protection is an 8' x 4' concrete slab able to accommodate 20,000 lbs.
on 2 wheels in front of the bin area.
We hope that these guidelines and recommendations will help you in your planning.
Please be advised that Coast Waste Management, Inc., et al cannot be responsible for damage caused
by inadequate construction or protection methods.
If you have any further questions regarding refuse removal, slabs, enclosures, or if you would like us
to look over and/or assist you with your plans, please call 753-9412 or 452-9810.
Page 2
RECOMMENDED SPECIFICATIONS FOR REFUSE TRUCKS IN OR AROUND
COMMERCIAL BUILDINGS, APARTMENT BUILDINGS, CONDOMINIUMS
OR MOBILE HOME PARKS
Unfortunately, most builders or designers do not give.
adequate consideration to the design of ingress and
egress of commercial refuse trucks. Therefore, we hope
that the following information will be of help when
considering a commercial or residential building.
1. GROSS WEIGHTS
A loaded trash truck has a gross weight of 50,000
to 52,000 pounds. (25 tons 4- or -)
2. STREET SURFACES
Most driveways and access roads to commercial buildings,
apartment buildings and condominium buildings are not
designed to support such heavy loads as indicated in
Item #1. A driveway must have at least 6 inches of a
good grade of decomposed granite as a base with a topping
of not less than 4 inches of asphalt.
3. DRIVEWAY WIDTHS
A driveway must be not less than 20 feet wide with no
parking allowed. Typically, some cities allow 24 feet
wide streets with no parking; 30 feet wide streets with
parking on one side; 36 feet wide streets with parking
on both sides. Streets in a mobile home park are, by
State Code, 30 feet wide with no Street parking allowed.
4. OVERHANG HEIGHTS
No overhang, such as wires, tree branches, building eaves,
may be lower than 13 feet, 6 inches. By the trash con-
tainer area, there must be no overhang whatsoever because
a typical front loader refuse truck needs in excess of
20 feet in height.
5. TURNING RADIUS
Refuse trucks are typically four types:
1. Front Loader 30 feet long
2. Side Loader 32 feet long
3. Rear Loader 23 feet long
4. Roll Off 32 feet long
To provide adequate turning radius,
area is required (Not less than 80
Since it is not always practical to
turning area, it is often necessary
in and out. A straight run should
trash receptacle area.
obviously a large
feet in most cases).
provide such a large
to do excessive backing
always be provided to the
6. TRASH BIN ENCLOSURES
Many problems are encountered because of improper size
and design of trash enclosures. For proper sizes, an
enclosure must be not less than the following dimensions:
Interior length 102 inches
Interior width 65 inches
Height 68 inches
Trash bins are, by nature, clumsy and bulky. To avoid
damage to the enclosure, it is strongly urged that an
interior 6 inch high curbing be installed as a guide to
prevent the bin from bumping against the superstructure.
TOP VIEW BIN ENCLOSURE
ATE
NOTE: FLOOR OF ENCLOSURE MUST NOT BE
RAISED ABOVE DRIVEWAY OR STREET
GRADE.
TOP VIEW
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SIDE
VIEW
_____ •1