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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-/-::;.~=-~_-,-.;-,.. __
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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
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. . -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 ---_. . _ ..... _. .'--
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r. 'PRESENT ZONE
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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 ~--~-------~------~~--------
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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
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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.
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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.
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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. '