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HomeMy WebLinkAboutMS 517; HAASL; Minor Subdivision (MS)FILING FILING CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP FOR A MINOR SUBIDIVISION OF LAND-(INTO 4 OR LESS PARCELS) AS PROVIDED FOR rN CHAPTER 20.24 OF THE CARLSBAD MUNICIPAL CODE FEE : ,.$.3 a 0 • gO ' ~ '-0 2 FEE RECE I PT NO. I ~ III !. / 0 A ,ttl /fk-/. MINOR DATE SUBDIVISION NO. Ms517 -(for office use) ic2 -3/-eJo TO THE CITY ENGINEER OF THE CITY Of CARLSBAD: I. Request is hereby made for approval of Tentative Parcel Map of Minor Subdivision No. consisting of 5,000 sq. ft. ~K~X~X ~ having 1 lots, being a proposed subdivision of land for property described as : (Exact Legal Description) See attached generally located on th~ side of Cove Drive (Name .of Street) and South (North, South, East, West) ~n westerly of Park Drive (Name of Street) ~(~N-am--e--o=f-S~t-re-e-t~)--------------------------- ASSESSORS PARCEL NO. 207 150 25 Book Page Parcel TYPE OF SUBDIVISION __ ~R~e~s~l~'d~e~n~t~i~a~l~-~C~o~n~d~o~m~i~n~i~u~m~~~ __ ~~~ ______ ___ (Residential, Commercial, Industrial.) Are the existing or proposed parcels or lots in this minor subdivision subject to other discretionary approval (for example, a variance or con- ditional use permit)? Yes No __ ~x~ ____ __ PARCEL 1: Being the Southerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in the City of Carlsbad, County of San Die~o, State of California as shown on Map No. 5162 recroded in the Office of the County Recorder of San Diego County on April 23, 1963, more particularly descr1bed as follows: Beginninr at a point that is the intersection of the Southeasterly line of Cove Drive as shown on the Map of said SHELTER COVE with the South- westerly line of said Lot 40; thence along the Southeasterly line of Cove Drive North 43°51'33" East, 50.00 feet; thence at right anp,les South 46°08'27" EaSt, 100.00 feet to the Southeasterly line of said Lot 41; thence a1onp. the last said Southeasterly line South 43°51'33" West, 50.00 feet to the Southwesterly line of said Lot 41; thence along the Southwesterly line of Lots 41 and 40 North 46°08'27" West, 100.00 feet to the POINT OF BEGINNING. EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of entry. PARCEL 2: A non-exclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in Map 5162, recorded in the Office of County Recorder·of San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described ~arcel I and being appurtenant, shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and small water- craft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the Office of County Recorder of San Diego County, California, on April 23, 1963, which ~asement is for the benefit of and appurtenant to the hereinabove described Parcel I and, being appur- tenant, shall run with the land. PRESENT ZONE R-W . We the undersigned state that we are ( I, We) ( I am, We are) the ~~o~w~n~e:r£s~ ____ T-~ __ ~~of the property described herein and h~reby .(Owner, Owners) (Authorized Agent) give our authorization to the fi 1 ing of this proposed tract (My, Ou r) map. We are (I am, We are) aware of and have had an opportunity to read Title 20 (Subdivision Ordinance) of the Carlsbad Municipal Code. Name Ralph J. Haasl . . J~Type or pri'11te~~ Recorded Deed) Slgnatu ~~~~~/~{~~~~~~ _________ ~~~ ______________________________________ __ . <:37 Name Hary nn Haasl (Typed or Pr i nte . !-row!)' on Re rded Deed) Signature: __ ~~~~~~~~~L~~~~~~~ ______________________________ _ Name. __ ~_~ __ ~-+~=-~ __ ~ ____ ~ ______ ~ ____ ~~~ __ ~ ____________________ __ (Typed or Printed as shown on Recorded Deed Signature. ________________________________________________________________ ___ Name. __ -,~---.----~~~~----._------~----._~~--~----------------------(Typed or Printed as shown on Recorded Deed) Signature. __________________________________ ~------------------------------ Name and Add~ess of Subdivfder; Ralph J. & Mary Ann Haasl 6411 Via de la Reina, Bonsall, CA 92003 Phone: 758-9342 Name, address and phone number of Engineer or Licensed Land Surveyor: No. RCE 13817 BRIAN SMITH ENGINEERS, INC. 2656 State Street, Carlsbad, CA 92008 Phone: 729-8981 I \' 111 .' STATEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department pro- cessing. This time limit can only be extended by the mutual concurrence of ,the applicant and the City. By accepting appli- cations for Tentative Parcel Maps concur,rently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan; Planned Unit Development, etc., the fifty (50) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Parcel Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limitsi therefore, the undersigned agrees to extend the time limits for City Engineer action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. ~~-'-'-Date R. ilL PI! .J #19 8S,L Name (Print) .. O(,JNfER,... :;;EvEL 0 r:'1:::.-1f} Relationship to Application (Property Owner-Agent) I I I I I .1 , I I I ,I I I I I • GUARANTEE First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702· (714) 558-3211 J 126393 ' • • 1347(11/68) --li:_ ' ~, Form 1359 (4/75) CL TA Subdivision GUarantee Form No. 14 SUBDIVISION GUARANTEE SUBDIVISION: PARCEL MAP ORDER NO. 811853-6 FEE $ 50.00 First American Title Insurance Company a corporation, GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: RALPH J. HAASL AND MARY ANN HAASL, husband and wife, as record owners. SAN DIEGO GAS & ELECTRIC COMPANY as holder of License recorded April 18, 1963 as File No. 66929 and holder of an easement recorded March 17, 1967 as File No. 36713, both of Official Records. PACIFIC TELEPHONE & TELEGRAPH COMPANY as holder of an easement recorded July 19? 1963 as File No. 127076 of Official Records. ANDREW S. HALL CO., a California corporation, as Trustee of Deed of Trust recorded September 12, 1980 as File No. 80-294621 of Official Records. The map hereinbefore referred to is a subdivision of: SEE ATTACHED LEGAL DESCRIPTION Dated: December 12, 1980 First American Title Insurance Company B ) .. ,~ PARCEL 1: Being the Southerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in the City of Carlsbad, County of San Diego, State of California as shown on Map No. 5162 recroded in the Office of the County Recorder of San Diego County on April 23, 1963, more particularly described as follows: Beginning at a point that is the intersection of the Southeasterly line of Cov"e Drive as shown on the Map of said SHELTER COVE with the South- westerly line of said Lot 40; thence along the Southeasterly line of Cove Drive North 43°51'33" East, 50.00 feet; thence at right angles South 46°08'27" East, 100.00 feet to the Southeasterly line of said Lot 41; thence along the last said Southeasterly line South 43°51'33" West, 50.00 feet to the Southwesterly line of said Lot 41; thence along the Southwesterly line of Lots 41 and 40 North 46°08'27" West, 100.00 feet to the POINT OF BEGINNING. EXCE?TING all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of entry. PARCEL 2: A non-exclusive easement and right "of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in Map 5162, recorded in the Office of County Recorder of San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and being appurtenant, shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and small water- craft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the Office of County Recorder of San Diego County, California, on April 23, 1963, which ~asement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and, being appur- tenant, shall run with the land. • 't "MER, ~S C "". -1 4,. / .... : ... 1- .t. I' a • ~ " • ... , ..... " . -' : .. . ~ . . " '" , First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (714) 238-1776 Mr. & Mrs. Ralph J. Haasl 641 Via de la Reina Bonsall, Ca. 92003 Attn: Mrs. Haasl Your No. Our Order No. 811853-6 February 5, 1980 October 10, 1980 December 15, 1980 1\MF!t'IDF..TJ Form of Policy Coverage Requested: PR In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) 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 insu- rance, a Binder or C?mmitment should be requested. Dated as ofllec;atber 12, 19B~ at 7,30 a.m. ~~ udoJo / ~R;;~OFFICER Title to said estate or interest at the date hereof is vested in: RALPH J. HAASL and MARY ANN HAASL, husband and wife as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE AND EASEMENT At the date hereof exceptions to coverage in addition to the printed. exceptions and exclusions contained in said policy form would be as follows: SEE PAGE TWO SEE LEGAL ATTACHED , /1/ it . .,. .. - " e p~ REPCm' CCNPINUED PAGE NO. 2 ORDER NO. 811853-6 St.lBJ:El:T TO: 1. ~al ~ ~al taxes for the fi$cal year. 1980-81, First lru¢allrnent, delinquent. 2. Semnd Install.m.mt, General and Speci(\l taxes for the fiscal year 1980-81. An eas,em~nt within the Southwesterly 10 feet for sewer and inci- dental purposes as shown on the Map of said tract. 3. The recital contained on the Map of said land relinquis4ing juris- diction and control over all pipes~ poles or other structures, or work, trees' and anything of whatever nature that may be upon, across or over the highways offered for dedication. 4. The recital contained on the Map of said land which agrees to allow the crossapms of poles or similar structures placed along the right of way of cer.t.ain highways to hang over the abutting land. 5. A revoc~b1e license by and between San ,Diego Gas & Electric Com- pany, a California corporation and Pirates' Cove, Inc., a Califor- nia corporation affecting said land shown upon the conditions and terms contained in an instrument recorded April 18, 1963 as File No. 66929 of Official Records. 6. An ea~~t ~thin the Northeasterly 70 feet of the Southeasterly 3 feet, the SQuthwesterly 3 feet, the Southwesterly 70 feet of the Northwesterly 3 feet ,for either or both pole lines, underground conduits an4 incidental purposes in favor of Pacific Telephone and Telegraph Co~~ny by instrument recorded July 19, 1963 as File No. 127076 of Official Records. Reference is made to said instrument for further particulars. 7. An Agreement re.garding connection to sanitary sewer system and temporary disp.osal system, dated October 15, 1964, executed by and between Pirates Cove Inc. and County of San Diego, upon the terms, covenants, and conditions contained therein, recorded November 5, 1964 as File No. 202190 of Official Records. 8. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race 1 color, religion or national origin, in an instrument recorded August 5, 1966 as File No. 127577 of OffiCial Records. --. e PRELUl~Y ~PORT CONTINUED PAGE NO. 3 ORDE~ NO. 811853-6 Sa~d inst~nt provides that a violation thereof .~ll not defe~t or' render invalid the lien of any ~ortgage or deed of trust made for value. An instrument declaring a modification of said covenants, con- ditions and restrictions was recorded October 28, 1977 as File No. 77-447138 of Official Records. 9. An easement within the the Northeasterly 5 feet for either or both pole lines, underground conduits and incidental purposes in favor of San Diego Gas & Electric COl;IIpany by instrument recorded March 17, 1967 as File No. 36713 of Official Records. Reference is made to said instr~ent for further particulars. 10. A ~ of Tru$t to secure an in~ss of $175,000.00, reoorded Sept:esrDer 12, 1980 as File/page No. 80-294621 of Official Iecoros. DATED: TRUS'roR: TRJS'mE: BENEFICIARY : July 31, 1980 AAIPH J. HAASL ar)d MARl ANN HMSL, Husband and wife ANDREW S. HALL CD., a california ooIpOration LAGUNA FEIERAL SA~ .AND ~ ASS<X:IATIrn, a ool:pOration 198~81 TAX ~TION: o:>IE AREA: PAIO!L NO.: 1ST INST~: 2ND INSTALIMENT: LAND VALUE: CXXlE ~: PARCEL NO. : 1ST INSTAI.I.MENT: 2ND INSTAT.J1.ENT: !AID VALUE: RYrE: 0i000-- <207-150-20 $114.28 NOT PAlO $114.28 NOT PAID $4,915.00 ' 09000 207-150-24 $119.50 Nor ~~ $119.50 NOT PAID $5,149.00 A Certif.i,~te of ~ll;anoe affecting thi~ ~rt.Y ~s reooro.ed Dec:e!rber '9, '1980 as File~. 80-414321 of Official Recx>rds. --. PARceL 1: Being the SQ~ther1y 50.00 feet of Lots 40 and 41 of SHELTER COVE, in the City of Carlsbad, County of San Die~o, State of California as shown on ~p No. 5162 recroded in the Office of the County Recorder of San Diego County on April 23, 1963, more particularly descrtbed as follows: Beginninr at a point that is the intersection of the Southeasterly li~,e of Cove Drive as shown on the Map of said SHELTER COVE with the South- westerly line of said Lot 40; thence along the Southeasterly line of Cove Drive North 43°51'33" East~ 50.00 feet; thence at right angles South 46°08'27" East, 100.00 feet to the Southeasterly line of said Lot 41; thence alonp.: the last said Southeasterly line South 43°51'33" West, 50.00 feet to the Southwesterly line of said Lot 41; thence along the Southwesterly line of Lots 41 and 40 North 46°08'27" West, 100.00 feet to the POINT OF BEGINNING. EXCEPTING all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 ~eet from the surface of said land, without however the right of entry. P,AACEl2: A non-exclu~ive eas,ement and right of way for pede,strian and vehicular ingress and egress, including the right to transport .mall watercraft, over Lot 15 of that tract described in Map 5162, recorded in the Office of County ~ecorder'of San Diego County, California, on April 23,1963, which easement is for the benefit of and appurtenant to the hereinabove described ~arce1 1 and being appurtenant, shall run with the land. PARCEL 3: A non .. ·excl1.u~iv.e eas~mell.t and right o·f way for vehicular and slIIa11 water- craft ingre~~ and 'egress over Lot 74 of that tract de~cribed in Map ~o. 5162, recor.qed in the Office of County .Recorder of San Diego County, California, on April 23, 1963, which ~asement is for the benefit of and appurtenant to the hereinabove described Parcel land» being appur- tenant, shall run with the land. " .1{ -. \ ' ~O· 2r:,co)tB-----··· I' . .J -•. ----\\ ... ' .-... ---~--;--------. -' ~~. ~~~'T'-• \ \ \ \ ------- \ 1 \ \ i \ -----:-- 'r l' ----... -_ . .-._- ....... :::s; a.l, .... i!-tSlrt41pH> . 3(.,.=-"#'W • <;", •• J» At f~>' ~;I>.:i\;P '. iii .. CllY OF CARLSBAD 1200 ELM AVENUE e CARLSBAD, CALIFORNIA 92008 ) (714) 438·5551 \ "1 . - RECEIVED FROM I.:.. .. ·1 ,. 5: \' 'l-,;;' DATE 1'-] I ~/' ~',..., ..... I , . , . 0 -, . ADDRESS A/C. NO. DESCRIPT10N AMOUNT /.. .• ;: -1. L---..f ,./7·)"J . r-L--/-.:-0 -/7 .t./. /. "/" / ,,< c/' ~S78~~ p~~ ~/7~~ ",/} /:,) ~') " ., o;V ,')..... "': . .0 " (f '~'O""O .~\' -~:,\ cal) :ta') ~ .,,,\"\ O;V:<l~ ~ ::~ ~ 0 o'bO< ...... S:~ .... \ (J) -.0">'0' o· ~ ~~~ .<. \t'\ \~~ A >·s· ~~ ':. \~~ ~ ~.9~ .. ~ :9;>_,_ .. ~~~-::-.:.- TOTAL /,:?/-._- I ~ ,; :)10i,? /~./ " "'" t ..... ~~,) ...... § b.>'o<I -" ." ~ ._.. ~ -_._""-.. --~-~ , l ! §' ~. I I •• ~r ',-, ··.~~l~ , . ' ..... , , e" -l'" /~: ,.. .I A. ) P I ,'n ,-, I ' .. ,. . I <I' '" ,. ,,-.-F i .-1- .Q 1 C I c' .... ~. 1\ " I "1-.' '--f JI/ ~ , ,-, .... i-f ::.1 I') .( " r <:: ;' '1 --, I I '~ ~, ,~.: .-._-~--; r ii / _~~~~I /.'-.0 I ----+--~-------!------+-I :-\ ,..I ::-Tlf' /'! C / Aj (:.., : C' ~ TOTAL . ..,. .... _. "'-~ .. ....... '=--',,' \ ~-.. ") I I CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 72901181 AODRESS A/C. NO. DESCRIPTION . .L..--~ .~ /, ." I /' ._1._,'._,.-/" .. / /1 .. ;'1,"1. / // ./ -I' .r -4 ..£.<7.:7'.1 ,. . . ,'/r ,j /_. ( ;-"''-:" I t\ t-'" ----- • AMOUNT , ____________ L-__________________________ ~~----~---I -1 .... I.: 7. GH}'7 TOTAL ~.w ... ..,~ ? .-~ \ '\ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 • • QCitp of ClCarIsbab (Date) JOINT USE DRIVEWAY AGREEMENT It is mutually agreed upon by the adjoining property owners that a joint driveway be constructed between the properties located at t;?,t, 03 ~ {Address) TELEPHONE (714) n<7-1i::T Name Sl'Ht Add, ... ,)ECORDING REQUESTED BY. G 5 .... CITY OF CARLSBAD AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD CA 92008 Cily & Slol. L -1 __________________ -'-_--SPACE ABOVE THIS LINE FOR RECORDER'S USE ___ fN.:..:~o.:;:O_ fEE Nomo 51, •• , Add, ... MAIL TAX STATEMENTS TO CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD CA 92008 City & Slol. L Nil Corporation Grant Deed TO 406 CA (10·73) THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Franmar Investments 1 a California Corporation a corporation organized under the laws of the state of hereby GRANTS to D.T.T. $ _____ _ the City of ~arlsbad, a municipal corporation, for Sewer Easement purposes the following described real property in the City of Ca r 1 s bad, County of San Diego , State of California: See Exhibit "A" for legal description attached hereto and made a part hereof. All as shown for convenience sake on Exhibit "BII attached hereto and made a part hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this il11SFru- ment to be executed by its President and - thereunto duly authorized. Dated: Novemser 4, 1980 STATE OF CALIFORNIA COUNTY OF San Diego } ss. On November 4, 19,,-,8~OJ-----before me, the under- signed, a Notary Public in and for said State. person'ally appeared --~R~aJ.p-l:l.-Haac8afE8;..dl~----------"'"~"' .... known to me to be the President, and ---l"lMlaa~nn Haasl known to me to be ________ Secretary of the Corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument on hehalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru ment pursuant to its by·laws or a resolution of its hoard of directors. and and 0 • al seal. Name (Typed or Printed) Title Order No. (Thi~ 81t"a fOl oftklal mHarial t>t'al) Escrow or Loan No. _________ " _____ . ____ _ MAIL TAX STATEMENTS AS DIRECTED ABOVE ,/ .. ' ,/ 18G6 LEGAL DESCRIPTION OF THE AREA TO BE GRANTED TO THE CITY OF CARLSBAD FOR SEHER EASEMENT EXHIBIT IIA" Being within Lot 39 of Shelter Cove in the City of Carlsbad, County of San Diego, State of California as recorded in the Office of the County Recorder of San Diego County as Map No. 5162 on April 23, 1963 more particularly described as follows: Beginning at the most Northerly corner of said Lot 39; thence along the Northeasterly lines'of said Lot 39 South 46°08'27" East, 100.00 feet and South 04°59'40" East, 3.04 feet to the Southeasterly projectiqn of a line 2.00 feet Southwesterly measured at right angles to the Northeasterly line that bears North 46°08r~j" West; thence North 46°08'27" West, 102.29 feet to the Southeasterly line of Cove Drive; thence at right angles along said Southeasterly line of Cove Drive p North 43°51~33" East, 2.00 feet to the POINT OF BEGINNING. J. N. 5146 DKM:gh 10-10-80 .. :: Hi:I/\N SI'v1I fH f NClr'JI f HS. If\1{ ~. -0' . f2. ... ;;I.O • > I ·FOR SEW!:£ ·,GAS.!;MG"NT ldG ~l ~ I!) ~ ~~I . . ~ 2' TO BE a.Vrrct.AIM£fJ .' tt-' . BY C'l7"Y Of: CARLSBAD 8,F<~L I"-. -~ '- <: "-9 C I ;. -c .£- ..::::::: --.... SEWER EASEMENT .. , J ... "I ...... CERTIFICATION FOR ACCEPTANCE OF DEED '1 ~, .. Q u\)o This is to certify that the interest in real property conveyed by the deed or grant dated November 4, 1980 from Franmar Investments, a Californja Corporation to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 6363 r adopted _...;;..;0..=....='--__ on __ r~~o~v~e~m~b~e~r~1~8~,_1~9~8~0~ _____ , and the grantee consents to the recordation thereof by its duly authorized officer ... 19, 1980 Name S,r .... ' Addr ... . I RS::CORDING REQU,ESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 Cily & SIal. L Namo Slr8.t Addre .. City & State I MAIL TAX STATEMENTS TO RALPH J. & MARY ANN HAASL 6411 VIA DE LA REINA BONSALL CA 92003 1.-_____ SPACE ABOVE THIS l.INE FOR RECORDER'S USE ___ Corporation Quitclaim Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1920 CA (7.74) A.P.N. 207-150-34 & 25 The undersigned grantor(s) declare(s): Documentary transfer tax is $ Nil ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of Carl sbad ,and . FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Carlsbad, a municipal corporation a corporation organized under the laws of the state of Ca 1 i fo rn i a hereby REMISES, RELEASES AND QUITCLAIMS to . Ra 1 ph J. Haas 1 and Mary Ann Haas I for sewer easement purposes the following described real property in the City of Carlsbad County of San Diego ,State of California: See Exhibit ItA" for legal description attached hereto and made a part hereof. All as shown for convenience sake on Exhibit ItB" attached hereto and made a part hereof. • •. ".~.:! r • In Witness Whereof, s~id corI??ration has caused its corporate name and sea~ to be affixed hereto an.d thi~:!~~!~~.~g:.:. > .. ment to be executed by Its Mayor 'M~~iR and C, ty C) erk ..... ~~ , ........ -.> thereunto duly authorized. ~'." ....... ~/ f;" 'r;>" • '. • <:.". '0 ¥~. Datw, November 18.1980 9 c;t" ~ '}'i' -'-::<>" < STATE OF CALIFORNIA } B ~n'L-tY4. ~ v·.c~~d~~.; ... ::)(:·~· :-,~: .. ' ':. ~~UNTY OF San Diego b,f,,, m~S~;' und,,-B;-t:2tt.ii.., ~O&d~:---'--_--:> signed, a Notary Public in and for said State, personally appeared City Cl er k ~" '. Ronal d C. Packard , known to me to be the Mayor IXl*X~OO:, and Aletha L. Rautenkranz known to me to be , -C~C..1 er k ~¢¢~IXX of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and aGknowledged to me that SUGh Corporation executed the within Instru ment pursuantY1J:s by-laws or a resolut" of its boar of directors. WITNEZSS nY hahdc:nd .. official seal. , ,,~ Signatu e -L.(:f / d Title Order No. Escrow or Loan No. (This alt~.\ rOl' oftkial notaria.l st!lt.l) MAil TAX STATEMENTS AS DIRECTED ABOVE LEGAL DESCRIPTION ·e 1113 EXHI BIT 'W' OF THE A~A TO BE QUITCLAIMED BY THE CITY OF CARLSBAD Being a port~on of a sewer easement in Lots 40 and 41 of Shelter Cove in the City of Carlsbad, County of San Diego, State of California as recorded in the Office of the County Recorder of San Diego County as Map No. 5162 on April 23, 1963 more parti- cularly described as follows: Beginning at the intersection of the Southeasterly line of Cove Drive and the Northeasterly line of said 10.00 foot sewer easement, said intersection being North 43°51'33" East, 10.00 feet from the most Westerly corner of said Lot 40; thence along the Northeasterly line of said 10.00 foot sewer easement South 46°08'27" East. 100.00 feet to the Southeasterly line of said Lot 41; thence along the last said Southeasterly line South 43°51'33" West, 2.00 feet to a line 8.00 feet, "measured at right angles, Northeasterly of the Southwesterly line of said Lots 40 and 41; thence parallel to the said Southwesterly line of Lots 40 and 41, North 46°08'27" West 100.00 feet to the Southeasterly line of Cove Drive; thence along the Southeasterly line of Cove Drive, North 43°51'33" East, 2.00 feet to the' POINT OF BEGINNING. J. N. 5146 DKM:gh 10-10-80 BHII\N SMITH EI\I(~INr I r~ .. i~:' .. . ~~ .'"'~ ........ • ~COVE' ~I ~ ~I ~ ~I " ~ ~I ~; ..,. ~ .....::.~ 11 ~ ..:.0 , 2' TO 13£ OE.J.:.DE,o FOR SEWER EASEM£NT 1114 I ~ I ' ~ I? I~ • - EXH I B IT "BII DRIVE ~ Z" TO BE QUfTCLAIMEO I:p BY CITY OF CARLS8AD , ~. 1 8 .. ~ C'-~ """'9 Q / I ~ --<:::::~ --/ .. ..:,.-o Q.-""'" ...--- /0 • .5 £ W £ ./C" E AS E A-1" E /'1/ T .::s::-.... PER A-t'AP .5/G2 -.:::::- SEINER EASEMENT ./. N. 5/4~ " · .. ..) }\GJ(El::t11"\11'.r nE',nmr.N DEVELOPER-O\-mr.R J\N)) 'hlJ'; CJ 'J'Y OF CldUJ;;nl\J) FOR 'rIlB PJ\Y/,1F:N'J.' OF 1\ PUBLIC Fl\CIJ,J'J'IB8 FEE 'l'J11[; J\GREm1EWf is cnt<:rcd into this ,3/ dny of -..:.....~- 'Ralph J" & Mary Ann Haas] 1'J)li'11100-C--U(lveJ opcr-<.Jwl1er) t t t t tI' * ! t h f 't El husband and wife _, h~rcin;)fter ref~rr~c1 ~o be (Cor}1ori1tio~, pa.c lneT!'";hip, etc.) I "Developer", whose ac1dress is 64~1 Via de la Eeina ' (street) -r-=.B:-r0-:-n_s_a_l_l,--:-' C_A-:--_9_2_0-,.O_3 __ .,,--.---___________ , and THE CIT,Y OF '(city, 5t(~Le, zip code) C7\HLSl\l\J), a municipi11 corpo)"<ttion of the ~tate of California, " . , herein;) H.or referred to as "ei ty", whose address is 1200 Elm Avenue, C~rlsbi1d, C<tlifornin, 92008. hi r 'I' N E SSE T H: WlIEJ(l~J\S" Developer is the owner of the real property described , on Exhibit "/\", att.Jch0.u he)"('to and m<lde a part of this agreement, hereini'lftcr referred to as "Prop~rty"; Clnd NIIEREl\S, the Property lies wi thin tl1C boundaries of City; and , . ," WrmREl\S, Developer propor;C!s a devclopi))ent proj~ct: h~ follow!'"~: Developer proposes to convert a 3-unit apartment builtling, oh • , t t • under construction, into condominiums. t ! , . ." ). e' on ;.()j c1 Prorlcrty, ",h:i ch c1cvclopr,lcnt carries the proposed name of Tentative Parcel Map and 1S h~rcufter refcrred to ns "DBvclopmcnt"; and vlHErmM::;, Developer filed on the 31 day of ::JJ£C;CHifie~, 19 t80 , with tho City n reque~t for Tentati ve Parcel Map and ------------------------~------ Condomirliu:n Permit. _____ 9:PP1'ication approval. (herc'inaftoJ:" referred to as ".R0.quast" i and ~lEREnS, the Public Facilitiee Element d~ the City Gen~ral Plan requires thnt the City Council find that all public ,facilities necessary to serve n development' will be available concurrent with need or su~h development ~h~ll not be approved '( said clement is on file ""i th th'e City C) ark and is incorporated by this reference; and \vH1~HEl\S, Developer and Ci ty recognize the correctner;s of . Council Policy No. 17, attached to ana made a part of this agreement, and that tho City'n public facilities and services are at cnpncity and will not be available to accommodate the adaitionnl need for public f~cilitics ana. ncrvic~s re~ulting from U1C proposcd Dcvclopmcnt~ and \\1ImnEl\S, Developer hns nr.l(('c1 t.he Ci ty to find thnt public fncil.i tiCD e)))U ;,crvice~ wU J. b~ <lvllil (lb] e to meet. tho futun~ need" of the Deve] opmcflt (l~ it is pl~e!.H~ntly propo:.cd i but the ))cvclopcr i~ (l,v"':n.! thilt t)),> City Cllnnot llnd ,,,ill not be nblc to mob: ,IllY such f:i:mlin0 wi thOl1t fin(l}1cinl Cls~h;tt1ncc to pny f.or nneh '~;el·v.i.cC~j (\Jld f<\cil:l tie~;; nncl, therefore, Developer pJ-OPO;;(,:' 2. , -' e' t.o help sat.isfy the Gcmern.l Plan an impJ cmcntcd by Council Policy No. 17 by pnyment of a public fncilitiqs f~c. NOW, TllEHEFORE, in consideration of the r~cituls lind the covenants contained herein, the parties agree as follb~s: 1. The Developer shnll pay to the City a public 'facilities fee in an amount not to t':lxcecd 2\'; of the building permit valuation .. of the buildings or structures t6 be constructed in the Development purRunnt to the Request. Tho fee shall be paid prior to the I ianunncB of building or other oonstruction permits for the develop- ment and shall be bnsed on tho valuntion at that time. This fcc sholl be in addition to ariy ·fees, d~dicationg or improvem~nts . . .roquired pursuant to Tities 10, 20 or 21 of the Cnrlebad Municipal. Code. A crecH t to\.,ard euch fee shall be .gi'V'en for lar'ld Which has . . . 'bocn dnaicnt.ed for park purposes or tor any f~es paid in lieu 't.hcn-:-of pur'r:lUilnt to Chapter 20.44 of tho Cnrlsbad ~lunleiph.l Code . . Devoloper sholl pay a fea for convarsion of ekist3ng buildin0~ or . "tru~ture~ into condominiums in an amount not ,to exca~d 2% of the bu1.lc1ing pormi t vnl untion llt tha tima of oonversior'l. Tho fee for () condominiuM convcrnion shall b~ paid' prior to the igDU~nCC of a concJOlnih:lUJ1\ cohverd.on per.mi t n9 prov:l.dQd':Ln Choptor 21.117 of the Carl!.£bail r·1unicipnl Code. Condominium [;h<111 include oommunity npnrtment or stock cooperative. The terms "other construction permits", . "other c.Pl1!:itr\lction permit" nnd "entitlement! for U!:iC" as \l~cc.l in thin ngreement, except in reference to molJilchome cd ten or p)~ojects, r,hnll not refor tOo <Jrnding permits or other permi ts for Lhe constn.1C Lion of \llldcl~ground or street improvements unle!";!:i no othOl: permi t is necc;;~;nry pd.or to the. \1!:;e or, OCC\11."'~11Cy for \-/ll ich 3. a. , '. " " .,'...,' tha <'1cvelopmont is int'ancl~cl. fnci11,t169 t~o in the sum of oonotrueted pursunnt to the Reque*J, ~h~ fea 8hall b~ ~~id prior to the insunnce of building or othd~ construdtien petMit~ fo~ the - development. This f~e shall be in, ilddition to iny fe~gt dt!dieations . or improvemonts required according to Titles l~~ 20 o~ ~i of the Carlsbilu Municipal Code. A credit to,,,ard .. l!Iueh:~1.,tee t:; ha 1').' be given for land whiCh has been dedicated for park purpos~s 'or ~Ot any fees • I 'Vi paid in lieu thereof:' pursuant to "Chlpter 10. 4 4i~:6'f the :e'l1tlsbnd MunicirJal Code. " .' ,'1m?: i' ' :'~, • ':" ~ • ,/'l'!Y .~ I,. I # • f .' . .... .. )~ ";\j': /, 2. Th<! Developer 1'\\8.y offari ~o donate, a '''~'1t~ or liIi tes for \ 'public faC!ilities in lieu of all 'or' part of, 'th'~ finahcHAl ~blignt:Lon • • .. " ~ • ,I agreed upon in Paragraph 1 abov~i~ I If I?evelope%',of£era eO:,' ", donate a site or 'si t~s for publiO': facili ti~e ,":;~~'@t Ci t1~'~;!jhall ' 4 ~ • • ·consider, but. is not obligntetl t~ aH~cl'!pt tha '~:ghl'rer. 'iihe time for . donntion' ltl'ld amount of erGoi t ltg'~lri!lt the' f~e f"hhll b~c"'~~tcrminec1 ': by city pri6t to the issuanoe bf ~~br builditlij'f~6~ otH~t""fJ~tmi ts. . . . ~ . ': : .. (, . Such detcrtl'lination, when made, s'hAdi becom~ 'a \,ill':t of thi~ ngree- • • l (';Ylr, . mente Sito., donntad under thi" 6"t'AgrBph ilhlll ~e~ iti'61ude improvements raqUil~cd PUY.'S'Ubl'lt to T1 t!lGUJ 19 ,~'I'Q til ~1,6! dfj'1~j1li~" ~U'~H~ipnl . ~ , :v.~'t'l~" , ': 11,.)' ~:"!f ;~lf "~1 !iltl/' cod"" '~,$ " .... ),',; , ,J \ r.)JlE • \,'. ':',,' , r •• ,,;,,'\~'l' ' • .~ • . '.:-r'"' ' .. ' ,_, . ' 3. This Clgrc~rnMt ancl thO! t~Q pnid 'puttlunnt h~l!-6to are required to ~nc"re'tho conointo~dy of th~ DcV~lopmaht'~ith the ci t:y' s General Plan. I r tho foo 1~ hot pni,d ntJ l~rovlb'tJii h~rcin ~ , , the City will not have tho fundo 1:6 t>rovido r>Uhlic t~6'i~i tieD nnc.1 ncrvl,ccn, nnc1 the l')cvolopmcnt wi11 not: boo C6.~"tilrltont With the (;cnernl l"lnrt \\n<1 llny npprovnl Olr,l'~l:'mi t ,(or "'l1\~, p~ve~U;"fhon1~ r::hnll \:. 4 11 • '. ,1:'f. • r I, \~ e' be void. No buildil1<] or otlJ(~r con~t:.r\1ct.ion permit or. enti t101l1011 t:. for ur.;c !.:holl be i~r.uc<1 unt.tl the public fncilit':!'on fcc re<1uiro(l hy 4. city agreeD to dcponj.t the fceg paid pursuant to tllis a~p~cemcnt in a public f\1cil:i.tics fund for the financing of publ:i.e facilities when the City Council detcrmincg the need exists to provide the facilities and sufficient funds from the pnyment of this ~nd similar public facili~ies fees arc available. 5. City a9rees to provic1e upon request reasonab1e nssu]'()nces to enable Developer to comply.with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the' Development herein . described. 6. All obligations hereunder ghall'terminflte in the event . . . the Req1.1ests made by Developer are not ()pprovcd. ,7. Any notice from one pnrty to the other 8h\111 be in writing, and shall be dated and signed by the part~ giving suell n'Otlce or by a duly authorJ7.ec1 rcpre!Jentative of ouch porty. 'my ouch l)ot;i.ce shuD. not b<:'l effeoU:vo foJ:" f'lny l?Ul~pO~;q whatnocvcr u111(~n~ Elcrvod j,n ono or the fol10\"il1g m;mncr!l ~ 1.1 If notice is given ~o the city. by personal dcl.jvery i:hot"f!of t:o tho City ... or by c1cpo:J:L t.i.iH] Dome' in the uni ted Statc~1 Mn:i.l t ac.1c1re8!J~c1 to the City at the nc1<.1rcr:s set forth herein, cnGln:;c~(1 in n sea leu envclorie, ac1(ll~e!J sed i-:o the Ci ty tor a t tent i on ot the Ci. ty r~nntl(Je)~ t p01Jtil~le prcprLi.d nnd certif:iCt1. 7.2 If notice in qi.vcn to J)ev(~lopcr by pcn~oJ)al (le1..i.v('J-Y thc'l.-cnf to nuvC' 1 O),)(!l~ or by <lepor.1i U 110 the r,nmo in tho Un.i. ted ,r-; C'-I t:e.'; 5. . , ·e ' Moil, cnclo~cd in a son led envelope, addrcs~ed to Developer nt the oddrous DS mny hove hoen designated, pootage prepdid and certified. B. trhis agreement shall be binding ujJon and shall inure to the bone fi t of, flnc1 r:;hall Clpply to, ~ the respective succ'essorn ilnd 6B~ignn of Developer and the City, Dnd references to Developer . or City herein sholl be deemed to be reference to and include tllcir rcnpccL:! va 'SUCCCHJ!Jorr; and (l9Diqns without specifio mention of snch . d' OUCC09Dora an asslgnA. If Developer shoul~ tehse to have any interest in the Property, Dll obligations of Developer hereunder Ahall' tcrminIitei provided, ho,.,over, that nny Successor of Deve}opcr' r; intcrcnt in the Property shall ha~e first assumed in writing the " Developer's obligations hereunder. 9. This agrec~ent shall bs ~ccorded but shnll rtot create B lien or security interest on the Property. When the obliqatioJ'~ of this agreement l'lC1Ve been satisfied, City shall record a relcil;;(~ . II/ II/ II/ • III .. , III 1/1 III ... /11 , III 1// Gao ~ ~ Sf A IE OF CAlIFORNIA, ~~O 0 ~ / II COUNTY OF S Q. h. D ,'<2:.. (I) 0 ~ ss. e; I ~ ....... ar ~,.~ p eo c.. e 1--. .b e v-3> I I 19 S (j , t·'. I i before me, the undersigned, a Notary Public in land fpr said State, personally appeared 8. 0 t 12 h T, 1-16<::"5 f ~",-d /'10.';'" Ah"'-Ho.o.sl I _______ . ________________ , known to me, .'ft.;-.,. '". ," to be the person--S whose name.s 6. r e. subscribed to the within Instrument, ·,!1ra,..· .. ,;·:nandaaoknowledged to me that ~he+-executed the same . .... 11M MOrMY"*IC· CALIFORNIA 1M DIEGO COUNTY .",,,,luIon expltn Nov. 12. 1982 WITNESS my hand and official seal. a...,.......,.. e., /~ Notary Public in and for said State. ACKNOWlEDGMENT-Gene~;j~w~otts For~-23~R;.-;~4 "SUBSIDIARY OF AM~~;;:;N ""S~;;;;;;;;~~;~O~~-';:~ CORP. --------Ij . . . .. . . • IN \'H'l'HESS vJ1lEEEOF, . thi~ ngreemcnt is exccutcc1 in Snn DicC)o COui1ty i Californi.a as of the dnte first ,,,r.i ttcn nbovc. DEVELOPEH-OVlNETI. : Ralph J •. and .. Mary Ann Haasl (Name) . -~~. Owner-Developer ' . . , .. h'I'TEST: J\Lth'IJJ\ )J. RAU'l'ENJ~Iu\N~, ci ty Clerk l\PPROV1-;;D A8 TO FOHM: VlT-icr.rN'fl·'. 13 1 o;~j1O, J H. I . i'''',9i ty 1\t t(»~ncy ." CITY OF ·C7\TI.LSBl\D, Cl. municipCl.l ccirpor.Cl"lion of the State of C(11j fonli ,-I ny ________ rl __ ~ __ --______ ------------ Cl.ty MClnL1ger • (Not(Il~.i.L1l ncknowlcc1<]cmcnt: 0 r cxcC!ution by l)rWgLOl'r:l1-m~NElt ll1\lS t bo attcJchcd.) , 7. EXHIBIT "A" ~AL DESCRIPTION • PARCEL 1: Being the Southerly 50.00 feet of Lots 40 and 41 of SHELTER COVE, in the City of Carlsbad, County of San Die~o, State of California as shown on Map No. 5162 recToded in the Office of the County Recorder of San Diego County on April 23, 1963, more particularly described as follows: Beginninr at a point that is the intersection of the Southeasterly line of Cov.e Drive as shown on the Map of said SHELTER COVE wi th the South- westerly line of said Lot 40; thence along the Southeasterly line of Cove Drive North 43°51'33" East, 50.00 feet; thence at right anp,les South 46°08'27" East, 100.00 feet to the Southeasterly line of said Lot 41; thence along the last said Southeasterly line South 43°51'33" West, 50.00 feet to the Southwesterly line of said Lot 41; thence along the Southwesterly line of Lots 41 and 40 North 46°08'27" West. 100.00 feet to the POINT OF BEGINNING. EXCEPTING all the oil p gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of entry. PARCEL 2: A non-exclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in Map 5162, recorded in the Office of County Recorder of San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and being appurtenant, shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and Imall water- craft ingress and egress over Lot 74 of that tract described in Map No. 5162» recorded in the Office of County Recorder of San Diego County, California, on April 23, 1963, which ~asement is for the benefit of and appurtenant to the hereinabove described Parcel 1 and, being appur- tenant, shall run with the land. IN 5146 12-30-80 APN 207-150-25