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HomeMy WebLinkAboutMS 620; PACKARD; Engineering Application• .' • " '8 . , " CITY OF CARLSBAD APPL1C~TION FOR APPROVAL OF A TENTATIVE PARCEL MAP FOR A MINOR SUB·IDIVISIDN O~ 'LAND~( INYO 4 OR LESS_PARCELS} .. AS PROVIDED FOR IN CHAPTER 20.24 OF THE CARLSBAD MUNICIPAL CODE F I LrNG FEE:· .$.300.80 F I LING FEE RECE I Pi NO . ...1.:?S:73 M I NOR SUBD I V I S ION NO. MS h;) 0 . ~ (f 0 r 0 f f i ce use) TO THE··CITY ENGINEER OF THE CITY OF CARLSBAD: DA T E .------....:?'--I-/-=....,;. ! I-I-/-::;.~=-~_-,-.;-,.. __ ~ I j<' Request i~ hereby made for approval of Tentative Parcel Map' of Minor Su~division No. __ ~_._ consisting of )1..~·.T~8~... gross acres, having· 4 lots, being a proposed' subdiVISiOn-of land for property described as : '(Exact , Lega 1 besc r i pt ion). That 'pir~~on 9f Lots 32: and 34 of Patterson 1 s Additi~n;' Subdivision Map ~65' together _. . . with. th~se ';portions of Canyon street and Oak Avenue. Cilosed· by B~ard 'of SuperVisors September 39.' ,;1.939 de_s_cr_i_b_e_d_a_s_fo._1_1_ow_s_:_. ___________ .....,-___ ~ __ ~ Beginning at a point in the southeasterly lin'e of' Oak Avenue as shown following said ---- . . closure, said point being 97.08 feet northeasterly from the southwesterly line of . s~d Lot· 32, .. -'. o' ··Thence S 34 38 1 ~21t E 160.23 feet~ thence N ,,028'04". E 300.53 .feet, ----~--------------- thence S 61°34111" E 1".60 feet, thence S ,,0191 29" W~67.'7 feet, thence N 34044'31"' W 299.99 feet . thence N ,,°28'04" E . 97.08 feet to the -'POint or be-ginning. genera 11y 19cated on the -,..,..,.-----,:----: -South' . _________ -_. __ , (North South East, West)~ . 5 i de of Oax'Avemue between ' .. Valley . Street '( Name 0 f S tree t ) . . --"""'",[Name' of -S::::-t-:---r (3·-e-ct,-.)r--· --- and . .. Canyon Street . . . '. '-(Na!-ne of Street) ... - ASSESSORS PARCEL NO. 20, 080 --_ ...• 8· > • . . -Book Paqe -P.a re:e 1 TYPE OF SUBD I V I $ ION-Re.sidetrtial I f . . (r~es i'dent j a 1', Are the eXisting 'or p'roposed' parcels or subject to other diicretionary ~pproval di~ional us€ permit)? Yes Commercial, Industrial) lots in this minor subdivision (for example, a vr.lriance or con- No 'x ---_. . _ ..... _. .'-- •• ,,' " ~..-'II.~.".-..( r. 'PRESENT ZONE " We the unders i gned state that we are the ( I, We) ( I am ,We are J owners " of the property described herei nand h'ereby ~1"';:n;'::'e:'::;r::;'::,:'="':::O-w-n-e-r-s~)---r("'A-u-:"-t'h-o-r-;-i zed "Agent) . . . " give . o~_ . ___ author i zat i on to the f i 1 i ng of. th is proposed tract : .~, Our) map. e' are . .......--__ awa re of and have had an oppo.rtun i ty to .read ( I am, We are) Title 20 (Subdivision Ordinar}ce),of the Carlsbad Municipal Code. Nam'e Heber AYo~ P~ckQ.d:·· .. • . (Typed 8:J/~i nted as shown~~ ~wWe.d Deed) Slgnatul~e __ ~~/~ , . , s' Sheila D • .d 'Backard " '. 'Name c ..' : • . ~.Typed or Pr (nte.d a s sho~ on Recorcjed. De,ed) S I 9 na t u t e_· ________ ,~'""'Q~=q...........,.;,~=_. ""-f .. ~y-;~o.~'_;e k~c'::!::"*='~l.'____;:__--_----,-.-""'----.,.---. . 'Mark D. Packard Name · -.;.....(T":typ~: rri&te:;;rsnS~_WR on Recorded Deed) S. rgn3tu re~ ~_ ~"",_~,'tJ-",--__ . ______ ........,. _________ --:_~--- • p~'" '-,. :-' -_. \.It • • , Na me '. . Bonnie J. Packard ~ . ... ( Typed ?' !-r-;-!....;.n-:-t-e·.~-· -a!?-s-.-sO;-h-ow-n·"""'· .... o-n--;::;"R-ec-o-rd-;-. 'e-d'-Deed) S I g·na 1; u re P: /.:Ja:b,t< J .(". 9 ' t::.a~ka ~ , Name and Address of Subdlvfder: ------.---:-.:.......-. Paul· ~a_c_·k_~d._.-i,::---:--.....,.~,.;..,~4-142.7 '" ,.-____ }-809 Oak Avenue, Oarlsbs:d, CA9200_8 _____ -'--~ ____ ---.,..---__ _ " 'Name', address and phon~ number of Engineer or Licensed Land Surveyor: _ . N~. -"-RCE)_0163~_: ' __ _ . . Alton L. Ruden .' , ; .~~75~7-31=1~,2~~~ ____ ~~~ _____ __ ______ 27 33 Mesa Dri va, Oceanside CA 92054 ~--~-------~------~~-------- I I I' , , ,I -- - q,TA Guarantee F. No. 23 Part,l ;I.,-1,3-:-i8, PARCEL MAP GUARANTEE Parcel Map Reference: MS No. 620 Fee: '$ 12,5.00 No. 349882-D SUBJECT TO THE EXCLUSl,ONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND ST~PULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, LAND TITLE INSURANCE COMPANY a corporation, herein called "the Company", GUARANTEES THE CITY OF CARLSBAD 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 l;'ecords on the date stated below,' 1. The title to the herein described estate or interest was vested ~n the vestee named, subject to tqe matters shown as Exceptions herein, which Exceptions are no~ necessarily shown in the order of their priol;'ity; and 2. Had said Parcel Map been recorded in the office of the County Recorder of' said county, such map would be su~ficient for use as a primary reference in legal descriptions of the'parcels within its boundaries. Dated: February 24, 1984 at 7:30 AM • • -.. -~-- l:tI!k,tIiI<, ~r' 4. .. • ..,'""~ ~~~~(~~.:;~ ... --'-:,~--.... " .... ". ~.. ~ -.' , \, j' .. CLTA GUarantee Fonn No. 23 Part 2 1-13-78 No.: 349882-D The estate or interest in the land hereinafter describErl or referred to CCN'ered py this Glarantee is a fee. Title to said estate or interest at the date hereof is vested iIi: NARK D. PACKAPJ) AND roNNIE J. PACKARD, Hus1::and and \-life as Joint Tenants as to an undivided one-half intel;'est and H. \ON PACKAID AND SHEIIA D. PACKARD, Husband and Wife as Joint ';renants as to an undivided one-half interest •. The land' inel uded wi thin· the l::oundaries of the Parcel t-1ap hereinbefore referred. to in this Guarantee is described as. follows: SEE ATTACHED. EXCEPTIONS: 1. Second Installrrent secured prcperty taxes, new payable, for the fiscal year 1983-1984. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An easement as' rese:rved in, dero reco.rded Juiy 12, 1983 as File Kb.83-236842 for sewer pi~ or pi~s and for ingress 'and egress, planting and landscaping. ' . , Reference is made to sam docunent for the full p:irticulars. 4. A dee:1 of trust date:1 June 24, 1983, to secure an indebtedness of $170,000.00, recorded July 12, 1983 as File No. 83-236843. Trustor: ~1ark D. Packard and Bonnie J. Packard, hus1:and and w.Lte and H. \bn Packard and Sheila D. Packard, husb:md and wife. Trustee: Real Pro,t:erty Trust Deed Corp::>ration, a California co:rporation. Beneficiary: Bruno Van Der Linden, Yvonne Meier, Rebert Van Der Linden, Irene vJalters, Elizateth Hinson and Erwin Van Der Linden, each .;lS to an tirili vided 1/6th interest. .l .. • 5. A deed of trust dated June 22, 1983, to secure an indebtedness of $50,000.00, recorded July 12, 1983 as File No. 83-23684~. Trustor: IYlark D. Packard and Bonnie J. PaCkard,. Who are married to each other, as to an undivided 1/2 interest and H. Von Packard and Sneila D. Packard, mo are marriEd. to each other, to as to an urrlivided 1/2 interest. 'I'rustee: Land Title Insurance Canp;tny, a California cOl:pOration. Beneficiary: First National Bank of North County. 6. Agreement l::etweeh CMner, developer and tlle Ci-qr of Carlstad for the payrrent of a public facilities fee recorded Septem1::er 19, 1983 as File No. 83-332382. TYP: vgb f CaMP: L1f:: • ,\r: 3498B2-D 2/23/84 That portion of Lots 32 and 34 of Pattersonr.,s Addition to Carlsbad and that portion of Canon Street and the Southeasterly 10.00 feet of Oak Avenue closed to public use by Order of the Board of Supervisors of San Diego County, September 30, 1939', ·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 Reco~der of San Diego County, September 22, 1888, described as follows: BEGINNING at the Nort~easterly corner of Carlsb~4 T~act No. ]4~8 according to Map thereof No .. 8072 filed in the Office of the County Recorder of San Diego County, February 14, 1975, such point being in the Northwesterly line of said Southeasterly 10.00 feet of Oak Avenue; thence along said Northwesterly line, North 55°28~04I' East 97.:08 feet; thence leaving said Northwesterly line South 34°38 '."52" East 160 •. 23 fee:t; thence North 55°28' 04" East 300.53 feet to a po:i;nt in the Southwesterly line of' Canyon Street; thence along said Southwes·terly' l;i:ne, ' ~0uth 61l!.34"' II"!.' East 155.60 feet to the most North&ly corner of Paradise E'states Unit No.2, according to Map thereof No., 3899 filed in the Office, of the County Recorder of San Diego County; thence along the. Northwesterly boundary of said Paradise Estates Unit No.2, and its prolongation, South 55°19' 29" \Vest 467.57 feet to the Southeasterly corner of Carlsbad Tract No. 74-8, according to Map thereof No. 8072, filed in the Office of the County Recorder of San Diego County, February· 14, 1975; thence along the Northeasterly boundary of said Carlsbad Tract No. 74~8 . North 34°44' 31" West 299.99 feet to the Point of Beginning. t, / .. ~.".,,~ 0, ..." " -- " •• <. ~; • ~ r .... " .. " "", ,..,,.., -, ,Y f 'f I , . ,,;, " :' " "" • • " l' ' :: ,,' I, I • , , • • , , J • I '. ',.... ',' .. ' C, •• U': .. " .,:, " . ~;.. .' I· .~ .. , < ~' ..' • . ,' ., • i. "!:;;i , " ,..,. IA.,·' .. ', .... ,. }~U,...J'" ." '-I " " ' .. ~", .(1) , ',. . ' '. ,. , f.;;:" " .. , .. , .. : , o , '0 ~_ .. , • ',' ;:::. 0,' , .0 <;r I' ,I , I , 1 I 'I , , , " -' ~ -. .. ~ . ,r' . .' -1.-.' ',' . , " ": . r.;;.. u .¢~ " ~ ... ", . Att:achrrtent to, Guarankee.Bqrm No. 2'3 1-13~78, On~ Page GUARANTEE CONDITIONS AND STIPULAT.IONS C'~ DEFINITION OF TERMS , The following terms when used in this Guarantee mean: . (a) "land": the land· de~cribed. specifica~ly or by refere~ce, In this Guarantee 'and Improvements affixed thereto which by law constitute real property; (b) "public records": tho~e recor~s whic.h impart constructive notice of mCitters relating to said land .. (c) "date": the effective date; (d) "the Assured": the party or parties name? as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAG~ OF THIS GUARANTEE The Company assumes no liability for loss or damage by. reason of the following: (a) Taxes or assessments whi?h are not ~hown as e.xisting liens by the records of any ·taxlng authority that leVies taxes or assessments on real property or by the public records. (b) Unpatented mining· clairii~;. reserv~tions or except~ons in patents or in Acts authorizing the Is?uance thereof, water rights, claims or title to water. .' , (c) Title to any property beyond the lines ?f th!'lland expressly described in the description set forth In thiS Guarantee, or title to streets, roads, avenues, lanes, ways c;>r ~aterwa~s on which such land abuts, or the right to malntal~ therein vaults, tunnels. ramps or any other st.ructure or Improve, ment· or any rights or easements therein unless such 'prop- erty, 'rights or easements are expressly and specifically set forth in s?id. description. (eI) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, .suffered, ( \" assumed or agreed to by one or,more of the Assured; or (2) resulting in no loss to the Assured. 3. PROSECUTION OF ACTIONS. (a) The CompClny shall have the r.ight at its ,own cost to institute and prosfilc;ute any. action or proceeding or do a~y other act which in its opinion may be necessary or deSirable to establish or confirm the.matters herein' guaranteed; and the Company may take anyappropriat~ action und~r the terms of Uris Guarantee whether or not It shall be liable there- under and' shall nbt ther.eby concede liability or waive any' provision ·hereof. , , (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenevet requested by the Company, the Assured shall giv~ the Compan~ all reason- able aid in prosecuting such actlo'n or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. N'OTICE OF LO,SS-L1MITATION OF ACTION 5. L A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days afte~ such loss, or damage shall have been determined. and no Tight Of. act!on shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished. and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years ·after expiration' of said thirty day' period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bat against maintenance by the' Assured of any action under this Guarantee. OPTION TO PAY, SETTLE OR COMPROMISE CLAIM.S· The Company shall have the option to payor settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within. the coverage of this Guarantee. or to pay the full amount of this Guarantee or, if this Guarantee is issued fQr the benefit, of a holder of a mort- '. . gage, the Company shall haVe the option to purchase the indebtedness secured by said mortgage. Such purchase, ,pay- ment or tender of. payment of the full' amo,un'! of the Guarantee shall terminate all 'liability of the' Company ·hereunder. 'In the event ·after notice of claim has been given to' the Company by the Assured ·the ·Company offers to purchase said indebtecjness, the owner of such indebtedness shall transfer and assign 'said indebtedness and the mortgage securing' the same to the Company upon. payment of the purchase price., 6 •. LIMITAT!ON OF LIABILITY-PAYMENT OF LOSS (a) The liability ·of·the 'Company under this Guarantee shall. b'e limited to the amount of actual loss sustained by the'As- sured 'because of reliance 'upon the assurances herein set' forth, but in no event shall $uch liability exceed the amQunt of tbe liability stated on the fac;e page. hereof: ' (b). The Company w.ill pay all costs imposed upon the Assured in' litigation carried on by t.he Company for the A~syred, and all costs and attorneys' fees in IiHgation carried on 'by the Assured with the Written a,uthorization of ,the Company' ' (c) No claim for damages shaH arise or be m!l.intainable under this Guarantee (1) if the Company after 'having received n'o,tic;e of an alleged defect, "lien or encumbrance not shown, as an Exception or excluderd ,herein removes such defect. lien or encumbrC!nce within, a reasonable ,time after receipt of such notice" or (2) for liab'ilUy yolontari!y assumed by' the Assured in settling any claim or suit, without 'written con- sent of the Company. (d), All payments undeJ this Guarantee, except f9r attorneys' feeS as provided for in paragraph 6(b) hereof, shall reduce the amount Qf the liability hereunder pro tanto, god 'no payment shall be made without producing this Guarantee' for indorsement of such payment unless "the Guarantee 'be lost or destroY'ed, in Which, case proof of such loss or del)truction shall be furnished to the ?atisfgotion 6f the Company. (e) When liability has been definitely fixed in accordance with the' conditions of this Guarantee, the loss 'or damage l?hall , be payable within thir.ty daY$ thereafter .. " . 7. SUBROGATION UPON PAYMENt OR SETrt.:::MENT Whenever the Company shall have settled a claim under this GuarCintee, all right of subrogatiqn s,hall ve;,t in the Company unaffected by any Clct of the Assured, and it sball be subro- gated to ane:! be· E10titied to all rights and remedies which.tne Assured would have ,had against any person or property, in respect to such claim had this GuarantE1e notbeenissl!ed. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedfes in the proportion which said payment bears to theamoun,t of said loss. The Assured if requested by thfil CompanY, sheil! tranl)fet to the Company all toights. and .rel)1edies. against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to, use the name of the Assured in any transaction or'litigation involving such rights or rerneqies. ,8. GUARANTEE ENtiRE CONTRACT Any action or actions or rights of action that the Assured· inay have or may bring against the' Company ari~ing out of the subject matter hereof must be based on the provisions of tMis ~ Guarantee. No proviSion or condition of this Guarantee can be waived or changed except by a writing ,endorsed ot attached hereto signed by' the Pres'ident, a Vice PreSident, the Secretary, an A~sistarit Secretary or other valfdating officer of the COmpany. 9. NOTICES, WHERE SENT All notices required io be given lh'e Company and anY state- ment in writing required to be furnished the 90mpany ~h,,1f 1;le addressed to it, (to be completed .by each 'Company 'to fill its own needs). 10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH ANt, EXAMINATION AND FOR THIS GUARANTEE. '