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HomeMy WebLinkAboutMS 398; BURTON SUBDIVISION; Minor Subdivision (MS)CASE NO.K/Vs,-?)Q<^ Date Rec'd /^/A llQ DCC Date: 7/rS/7q PC Date -/h^h<=\ Description of Request; Ml»4ni=^ 'Fat 1F=Sr^\V7\f^^/nNl TT) <^PvF=,ArT=, >6^ "P^A.Tsi-l-\AMOl F= 1 rTT Address or Location of Request; SlOPn-g g^\r-)1Fr r>V= t=W=:f=bW/>Or? AVg.. FSFTVMEFNi M^ -KlslLFV f%- -pt^AF Avyg. Applicant; R|T-A L. P>) ^PTOM ^ __ -. Engr. or Arch. P,p^|^r4 ^MlTV^ F=fV-=t., iNidl. Brief Legal ;T:?^iamnKl 1 iTT^ VP, H \A I?>i:>jrPT?^nisl AT:>DmnNi Tn-THETZ^WKl Assessor Book; 205 Page; ^PV) Parcel; ^ General Plan Land Use Description; P.UM - •p^T=^tr:>g:stnA\^ LnW-MFT:>hlM r7&^XX>/ Existing Zone: fa^-[ __Proposed Zone: F^-| . (c\ No. of Lots : 2. DP'S ^ DU/Acre g^,."^ Acres: school District: r^^^^Y:> llMlR^O water District: r.lTV OF ^ATM-^^^AO Sanitation District; Coast Permit Area; FORM PLANNING 52 MINOR SUBDIVISION NO. 398 FEES AND DEPOSITS Final Map Check Fee $ 100.00 Park-in-Lieu Fee 1 ,''03.85 Duplicate Tracing Deposit 50.00 TOTAL $1,258.85 american title insurance company sf ^ SCHEDULE A . Date of Poticy: June 9, 1978 Amount of Insurance: 117,000.00 TIME: 10:12 A.M. 1.1 A Code No. A-1101 PolicyNo.: S 469242 37076-D o^,„„.<c 337.31 Order No. Charge S 1. Name of Insured: RITA BURTON 2. The estate or interest in the land described herein and which is covered by this policy is: (A fee, a leasehold, etc.) A FEE 3. The estate or interest referred to herein is at Date of Policy vested in: RITA BURTON, a married woman as her sole and separate property 4. The land referred to in this policy is situated in the State of CALIFORNIA County of SAN DIEGO and described as follows: SEE LEGAL DESCRIPTION ATTACHED Countersigned and Valid TITLE COMPANY AUTHORIZED REPRESENTATfVE FORM T.3M-A (9.76» CLTA STANDARD 1973 FEE: VO.OO ORDE^O. 1310-D Parcel Map Reference: M.S. #398 Code: 5.15A PARCEL MAP GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AMERICAN TITLE INSURANCE COMPANY a corporation, herein called "the Company", GUARANTEES (The County of San Diego and City of Carlsbad which the land is located), herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the Office of the County Recorder of said County, such Map would be sufficient for use as a primary reference in legal descriptions of the Parcels within its boundaries. Dated: October 22, 1979 7:30 a.m. WESTLAND TITLE^SURANC^XTOMPANY By Qj^^^O^e^O'^^ ^ ABEL VIGIL Author^ed Signatory CLTA Guarantee Form No. 23 Part 1 January 13, 1978 The estate or interest in the land hereinafter described or referred to, covered by this Guarantee is a fee Title to said estate or interest at the date hereof is vested in: RITA BURTON, a married woman, as her sole and separate property. The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is described as follows: "SEE ATTACHED FOR LEGAL DESCRIPTION" EXCEPTIONS: 1. General and Special taxes for the fiscal year 1979-80, a lien, not yet payable. 2. A Deed of Trust dated July 12, 1978, executed by RITA BURTON, a married woman, to FIRST CHARTER FINANCIAL CORPORATION, a California corporation. Trustee, to secure an indebtedness of $80,000.00, and any other amounts payable under the terms thereof, in favor of AMERICAN SAVINGS AND LOAN ASSOCIATION, a California corporation, recorded July 21, 1978 as File No. 78-305902 of Official Records. 3. A Contract of Improvements in public right of way, dated August 17, 1979, executed by and between RITA L. BURTON, and the CITY OF CARLSBAD, upon the terms, covenants, and conditions contained therein, recorded October 1, 1979 as File No. 79-408933 of Official Records. CLTA Guarantee Form 23 Part 2 January 13, 1978 LEGAL DESCRIPTION ORDER NO. 1310-D That portion of Lots 13 and 14 of PATTERSON'S ADDITION to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, described as follows: BEGINNING at a point in the Southerly line of said Lot 13, distant thereon South 89'»03'00" East 480.60 feet from the most Westerly corner of Lot 12 in said Patterson's Addition; thence along the Southerly line of said Lots 13 and 14, South 89''03'00" East 241.85 feet to the most Easterly corner of said Lot 14; thence along the Northeasterly line of said Lot 14, North 34«'31'30" West 268.67 feet to a point on said Northeasterly line distant thereon South 34°31'30" East 150.00 feet from the most Northerly corner of said Lot 14; thence parallel with the Northwesterly line of said Lot 14, South 55*27'00" West 105.00 feet to the most Northerly corner of the land described in deed to ROBERT J. BRYANT, et ux, recorded August 26, 1937 in Book 684, page 251 of Official Records; thence along the Easterly line of said land South 00*55'30" West 158.51 feet to the POINT OF BEGINNING. GUARANTEE CONDITIONS AND STIPULATIONS FOR USE WITH AMTl FORMS No. 1 AND 3. GUARANTEE CONDITIONS AND STIPULATIONS ni;KlNIT10N OF Tl-.RMS The foliowing terms wiien used in this Guarantee mean: (a) "Land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law con- stitute real ptoperty; (b) "public records": Those records which imparl constructive notice of matters relating to said land; (c) "daie": Tho effective date; (d) "the Assured": The party or parties named as the Assured in this (Juaranlee, or in a supplemental writing execuied hy Ihe Company; (e) "mortgage": Mortgage, deed of trust, trust deed, or other security instrument. KXCLUSIONS FROM COVERAGE OF THIS GU.^RANTEK The Company assumes no liability for loss or diimage by reason of the following: (a) Taxes or n:.sessments which are not shown as existing liens by the records of ;;ny taxing authority that levies tuxes or assessments on real properlv or hy the public records. (b) Unpatenled mining claims, reservations or exceptions in patents or in Acls ainluiri/ing Ihe issuance thereof; water rights, claims or title lo \\dtt.T, (c) Tille to any property beyond the lines of Ihe land expressly describeil in Ihe descripiion set forlh in the Guarantee, or title to streets, roiids, avenues, lanes, ways or waterways on whicli such hind abut.;, or the right lo maintain therein v;iulls, tunnels, ramps or any olher structure or improvemenl; or any rights or easements therein unless such property, rights or e:iscments are expressly and specifically set forlh in said description. (d) Defects, liens, ejjcumbrances, adverse claims agamst the title as guaranteed or other matters (1) created, suffered, ;issumed or agreed (o by one or more of Ihe Assured: or (2) resulting in no loss to the Assured. I'KOSKCUTiON OF ACTIONS (a) Tlie Company shall have the right at ils own cost to institute and prosecute any action or proceeding or do any olher act which in its opinion may be necessary or desirable to establish or confirm the matters heroin guaranteed; and the Company may take any appro- priate action under the terms of Ihis Ciuarantee whether or not il shall he li iliie thereunder and shall not thereby concede liability or waive any (-rovi^ion iiereof. (b) In all cases wliere the Company docs so inslitute and prosecute any aclion or proceeding, the Assured shall permit the Company lo use, al ils option, Ihe name of the Assured f.)r such purpose. Whenever requested by the Company, Ihe Assured shall give the Company all reasonable aiJ in prosecuting such aclion or proceeding, and Ihe Company sli:tll reimburse Ihe Assured for any expense so incurred. NOTICF OF LOSS - LIM1T.\T10N OF ACTION A statemenl in writing of any loss or damage for which it is claimed Ihe Company is liable under this CJuaranlee shall be furnished to the Com- pany wilhin sixty days aflet such loss or damage sh:dl have been de- termined, and no right of action shall accrue lo Ihe Assured under this Guarantee until Ihirl5 days afler such statement shall have been fur- nished, and no recovery shall be had by Ihe Assured under this Guarantee unless action shall be commenced Ihereon wilhin two years afler expira- tion of .said thirty day period. Failure to furnish such slalement ofloss or damage or lo commence such action within Ihe lime hereinbefore specified, shall be a conclusive bar against maintenance by Ihe Assured of any action under this (iuaranlee. OPTION TO HAV, SET I LF OK COMI'KOMISI CLAIMS Die Conipaii;.' shall ha\e Ihe option to pay or settle or compromise for ov in Ihe name of Ihe Assured any claim which could result in loss lo the Assured within the coverage of this Gu:iranlee, or to pay Ihe full amount of this (Juaranlee or, if this Guarantee is issued lor Ihe benefit of a holder of a moitgage, Ihe Company sh.ill have the option lo pur- 10. chase Ihe indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of Ihe Company hereunder. In the evenl afler notice of claim has been given to the Company by the Assured Ihe Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mort- gage securing the same to the Company upon payment of the purchase price. LIMITATION OF LIABILITY - PAYMEN I OF LOSS (a) The liability of Ihc Company under this (iuaranlee shall be limited lo the amount of actual loss susl;iiried by Ihe Assured because of reliance upon the assurances hereiii set forlh, but in no event shall such liability exceed llie ainf>unl of Ihe liabiliiy slated on Ihc r;n.e page hereof. (b) The Company will pay all costs imposed upon the Assured in litiga- tion carried on hy the Company for tlie Assured, and all cost and attorney's fees in litigation carried on by the Assured with the written aulliori7,;ition of the Company , (c) No claim for tl:ini:i^;es shall arise or be m;iinl.iiii;ible under tiiis Guarantee fl) il' the C ompan>' after having received notice of an alleged delect, lien or encumbrance not sh* wn as an I-'xception or excluded herein removes such defect, lien <jr eiicunil'ianee vvittiiii a reasonable lime .ifler rcceipl of such nolice, or (2) for liabilitv voluiilarily assumed li> the Assured in sellling any claim <ir suit without wriilen consent of the C<mipany. (d) .\ll piiynieiils under Iliis Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the :inuiunt of the liability hereunder pro lanio, and no payment sli;dl be made wilhoul pnuiueing Ihis tiuarantee for endorsenieni of siicli p;i\ iiient unless the Guar:inlee be losi or destroyed, in vvhich case proof of such loss or destruction shall be I'urnished to the satislaction o! the Compan\. (e) When li:ihility li:!s been deliriilely fixed in accordance with Ihe conditions of this Guarantee, the loss or damage shall be pa\ able witliin thirty days thereafter. SUBROGATION Ul'ON PAYMENT OK SETTLEMENT Whenever the Company shall have seltled a claim under this Cniarantee, all right of subrogalion shall vest in Ihe Company unaffected hy any act of the Assured, and il sliall be subrogated lo and be entilled lo all rights anil remeilies which Ihe Assured would have h;ul against any person or properly in respeel lo sueh claim ha.l Ihis Guarantee not been issued. If the payment does nol cover the loss of the Assured. Ihe Compan>' sh;dl be siibrogalej Io such rights and remedies in Ihe proportion \\liieb said payment bears lo the amount of said loss.The Assured, if reeiuesied by the Company, shall transfer lo Ihe Company all rights and remedies against any person or properly necessary in order to perfect sueh right of subrogation, and shall permii the Company lo use Ihe name of the Assured in any tr:iiis:iclion or litig;ition involving sueh rights or remedies. GUARANTi'E FNTIKF CCJNTKACf Any action or actions or rights of :ietion that Ihe Assured may hiive or may bring against Ihe Company arising mil of the subjeci matter hereof must be based on the provisions of this Guarantee. No provision or condition of Ihis (oi;!rantee can be waived or changed except by a writing endorsed or attaclied hereto signed b>' Ihe I'residenI, a Vice President, the Secretary, an .\ssislant Secretary or oilier valid:iling officer of the Comp;my. NOTICES, WHERE SENT All notices reipiired lo be given Ihe Company and any staleiiient in writing ree)uired to be furnished the Company sluill be addressed Io il, at Ihe office which issued this Guar;iniec. I he fee speeified on Ihe face ot this Guarantee is Ihc total lee tnr title search and examination and for Ihis Guarantee.