HomeMy WebLinkAboutMS 810; Lusk Carlsbad Property; Minor Subdivision (MS)SUBDIVISION LOG 4
STAFF ENGINEER: ^-X^/-??
SUBOIVISION NO. t /^S^/O SUBDIVISION NAME t ^X^^.sXly
OWNER/DEVELOPERt 'X^- X^i(<^
ADDRESSt X^/t^tSf-Xih^Z^yu^ . -^^y/X^ JZO^
.PHONE xX^e) '¥^2.-/?.<r^/
ENGINEER OF NORK « ^as^^ ^S&yryj/Lr— FIRM; X^ciAy .^^^/^C'^/^g
ADDRESS I ^. 3^-^ ^ TReScX
_PHONE X£>/<^J 74^-"^ft5n
TENTATIVE MAP APPROVAL! 1ST EXTENSION! 2Np EXTENSION]
/
IMPROVEMENT PLAN NO. <.
"AS BUILTS" APPROVED!
GRADING PLAN NO./i
GRADING PERMIT ^O.i
EROSION CONTROL PLANt
BONDS AND AGREEMENTS
AGREEMENT TITLE EXPIRATION
OATE
FAITHFUL
PERFORMANCE
BOND AMT.
LABOR h
MATERIALS
BOND AMT,
MONUMEN-
TATION
BONO AMT.
SECURITY
TYPE (CASH,
SURETY. LOC)
COMMENTS
SURETY COMPANYi_
ADDRESSJ
CONTACTS PHONES
EASEMENTS
USE LOCATION RECORD NO.
REPORTS
TYPE OF REPORT STATUS (IN, N/A) CHECKED BY
Title Report /A/
bubdivislon Guarantee
Traverse Calcs
Hydraulic Calcs
Hydrology Calcs
Sewer Calcs
c..-»«^ r«lr«
Soils Report
WATER DISTRICTi
SCHOOL DISTRICTS Xl^/^rJ>=^
DRAINAGE AREAi "l^D
PLANNING ACriONt^
COMMENTSs
DISTRICTS (^r/s^// SEWER
PLANNING AREA:
SPECIAL ZONESi(ASSESSMENT. THOROUGHFARE,
BRIDGE
CITY OF CARLSBAO
ENfilNEEItlllG OEPARTHERT
PPPS AlB QgPOSITS MOirSHPFT .
PROJECT ..A.i«t //^^^O' X.lXS}ty DATE; 7X^/XB^
TENTATIVE PARCEL HAP FEE ... .^^^/P^.-Tf^T^ ftt-'f .
<, MAP FEE ( LOTSXPARCEL MAP/FINAL MAP NO. OF LOTS ). . .
(EXPEDITED/NOT EXPEDITED) ~
"7 T
x^X>.
PARCEL MAP EXTENSION FEE
IMPROVEMENT PLAN CHECK FEE:
DEPOSIT WITH SUBMITTAL
IMPNOygMIMT t>6SCBIPTIQN
TOTAL:
IMPROVEMENT INSPECTION FEE:
ITEM
PERCENTAGE
-^=X-
TOTAL: X •
PERCENTAGE
PARK-IN-LIEU FEE (CIRCLE ONE):
DWELLING TYPE: SF OR DUPLEX _JIP^<'4 UNITS) MF (> I* UNITS) MH
AREA: 1 2 3 ^
NUMBER OF UNITS: X »
AREA FEE/UNIT
STREET LIGHT ENERGIZING:
5*800 LUMEN AT 81 .M.
9,500 LUMEN AT l^l'TOS »
16,000 LUMEN ^-At""^ 152.10 •
20,000 LUMEN AT 169.38 »
^ —<r~7~
TOT/' •
GRADING PLAN CHECK FEE DEPOSIT^ ----^ RECEIPT NO.
(EXPEDITED/NOT EXPEDITED)
GRADING PLAN CHECK FEE ( CUBIC YARDS)
GRADING CASH DEPOSIT .
DUPLICATE TRACING FEE ...rX^.
STREET SIGN DEPOSIT: ^
AT •
AT
AT •
TOTAL: ' ;
STREET STRIPING DEPOSIT -
FRONT LINE OR AREA FEES (TYPE )
DRAINAGE AREA FEE (AREA NO. -t^ ) '-,'^=^
TOTAL ACRES: X "
AREA FEE
- vta-S VALUE^ OP" KA3TER DRAINAGE IMPROy^MENTS
AS NOTED Iri hA^ibR DRAINAGE PLAN'^CUMENTS
MULTIPLIED BY CURRENT mF^^lfflON FACTOR.
LINE vAujL^x--"£A£m " mm\
X •
X •
X •
TOTAL:
DRAINAGE FEE DUE: . . —CXXX
ADDITIONAL FEES: /7 yy ^ /> W /'
TYPE: (X^^y/77h/T^/C^T^t^T^T.^/: C^'?y^y^^^ -
TYPE: Ql./o-/^ '^:z:z^y'yoX') . , ! , , .-r=f=: . . >^^^^^/
foTAL^ES AND DEPOSITS: . . .
(IN ADDITION, A GRADING PERMIT FEE OF IS DUE UPON ISSUANCE OF THE GRADING PERMIT.)
1200 ELM
CITY OF CARLSBAD
NUE CARLSBAD, CALIFO
438-5621
A 92008
REC'D FROM. c DATE ^ -
ACCOUNT NO. DESCRIPTION
—7^08 mmm,
7508 06/09/8
000101—m
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CCl- X'/xxC aofg/2 I'l6 \00
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RECEIPT NO. ?^1677 TOTAL
John D. Lusk & Sc
.NO finMH nfCOnOtO MAIL TO
John D. Lusk & Son •
17550 Gillette Avenue
Irvine, California
C l, I J
ncMnpT r..'i:''Q'i/g;r (JP
Title rl^lPinrc ;inr( Tnist Comp:i
or* I;, ijftOS SAHOIEfJOCOUNTY.CALIF. HARLEYF.PLOOM RECORDER
ASXQ.
r
WA'l «1 tT»Ttw|NIt 10
C :> t
Jotin D. Lusk & Son
17550 Gillette Avenue
I.-vine, Califcrnia
iPACE ABOVE THIS UNE FOR RECORDER S USE
0 - o "3 ;Ll^•- /-i
Corporation Grant Deed
THI« rORM rURNHHtO TlTLt IN»UR»NCE ANO TRU»T COlHfANY
FOR A V.ALUABLE CONSIDLRATION, receipt of which is hereby ncknowlediied.
OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION
1 corporation organized under the laws of the slate of
hereby GRANTS lo
JOHN D. LUSK & SON, a California Corpora\.ion
the followini! described real property in the City of Carlsbad
County of SanDiego . State of California;
See Exhibit "A" attached hereto and incorporated herein by refer-ence for'
legal description.
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TRANSFER TAX PAID
HARllY f. BIOOM, RECOdOm
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SHERRY L KOSS
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My Commlnlon Ef e» August 30. 1976 |
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Parcel 1:
Those porttons of lots 2, 3, the N 1/3 of lot 4 and the E 1/2 nf
tht! NE 1/4 of Section 29, Township 12 South, Range 4 West S.B.M,, in the
City of Carlsbad, County of San Diego, State of California, lying southwesterly
of the southwesterly Une of the 200 foot right of way of the A.T. & S.F.
Railroad ano northeasterly of the northeasterly line of the Coast Highway as
it now exists,
Parcel 2:
Those portions of the E 1./2 of Section 29 and the W 1/2 of Section 28,
Township 12 South, Range 4 W-st. S.B.M,, tn the Ctty of Carlsbad, County
of San Dtego, State of California, described as follows: •
Beginning at the northwest corner of the E 1/2 of the NE 1/4 of saici '
Section 29; thence along the northerly Une of said E 1/2 of the NE 1/4,
N89''58'20"E 294,68 feet to the beginning of a tangent curve, concave south- |
westerly having a radius of 600.00 feet; thence southeasterly along said •
curve, through a central angle of 63''10'41" an arc distance of 661 .60 feet; ^
thence tangent to said curve S26'^50'59"E 389.48 feet to the beginning of a
tangent curve concave westerly having a radius of 1700.00 feet; thence
southerly along said last mentioned curve, through a central angfe of 9'^7'29" .
an arc distance of 285.57 feet; thence tangent to said last mentioned curve ;
S17*13'30"E 1187.36 feet to the beginning of a tanget curve concave westerly
having a radius of 1250.00 feet; thence southerly along said last mentioned
curve, through a central angle of 23*30'00" an arc distance of 512.69 feet to
the beginning of a reverse curve (;oncave easterly having a radius of 500,00
feet; thence southerly along said last mentioned curve, through a central angle*
of 20'00'00" an arc distance of 174.53 feet; thence radial to said last mentioned!
curve, S76*16'30"W 710.09 feet to the easterly line of the 200 foot right of |
way of the A.T, & S,F, Railroad; thence along said last mentioned easterly
line, N21*08'15" W 2313.75 feet to the west Une of said E 1/2 of the NE 1/4;
thence along said last menttoned west Une, NO'02'20" W 765.33 feet to the point
of beginning.
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STATEMENT OF MREENENT
TElfTATIVE PARCEL NAP
CITY OF CARLSBAO
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day
time restriction on Engineering Department processing. This time limit can
only be extended by the mutual concurrence of the Applicant and the City. By
accepting applications for Tentative Parcel Maps concurrently 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 of 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 limits; therefore, the Undersigned agrees to extend the time
limits for City Engineer action and fully concurs with any extensions of time
up to one (1) year from the date the application was accepted as complete to
properly review all of the applications.
SIGNATURE DATE
Marvin Steadman
NAME (PLEASE PRINT) RELATIONSHIP TO APPLICANT
(PROPERTY OWNER/AGENT)
Citv of Carlsbad
ngineering Department
August 30, 1989
DATE
NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP
MINOR SUBDIVISION NO. 810
Notice is hereby given that a Tentative Parcel Map has been approved on property
generally located on the east side of Carlsbad Boulevard north and south of Poinsettia
and more particularly described as Assessor Parcel Number 214-150-17 & 18.
The project involved is described as subdividing one lot into two lots.
APPLICANT: Rick Engineering Co. (Lusk Company)
STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the
Califomia Subdivision Map Act Section 6645.5(d) any interested person adversely affected
by this decision of the City Engineer may appeal it to the City Council. An appeal to the
City Council must be filed at the City Clerks Office and an appeal fee of $275.00 paid.
The appeal must be filed with the City Clerk in writing within 10 days of the date of the
final approval letter (Attached). If you wish to file an appeal please contact the City
Clerks office in person.
If you have any questions regarding this matter please do not hesitate to contact our
office.
ROBERT J. WOJICK
Principal Civil Engineer
RJW:rp
Attachments
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
Engineering Department
August 28, 1989
The Lusk Company
5897 Oberlin Dr., Suite 204
San Diego, CA 92121
PROPOSED MINOR SUBDIVISION NO. 810
Whereas a review of the conditions of the letter of prehminaiy approval was requested by the
appropriate date; and whereas the requirement of the Califomia Envirorunental Quality Act and
the City of Carlsbad Envirorunental Protection Ordinance of 1973 relating to the subject proposed
parcel map have been examined by the Plarming Director and declared to have a non-significant
impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of
the Carlsbad Mimicipal Code have not been made; and whereas this minor subdivision is found
to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has
been made to approve the subject tentative parcel map subject to the conditions set forth in the
preliminary approval letter witii the following exceptions:
Change Condition 6 to:
"The Developer shall submit a copy of a vaUd Coastal Development Permit that is
in substantial conformance with this action, for the review and approval of the
Planning Director. This shall be a condition of the Conditional Certificate of
Comphance. A letter from the Coastal Commission stating that a Coastal Permit
is not required by this action shall fulfill this condition."
Change Condition 7 to:
"Prior to the issuance of any further development permit, (as defined in Section
21.90.020 of the Carlsbad Municipal Code), the developer shall comply with one
of the options available (as determined by the City of Carlsbad) for agricultural
conversion mitigation for the City's Mellow II Local Coastal Program, as a condi-
tion of the Conditional Certificate of Compliance."
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:JM:TP
c: Bob Ladwig
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
i.[.ii.ujji.i.i.i-j.um..iJ.iM
July 27, 1989
DATE
The Lusk Company
5897 Oberlin Drive, Suite 204
San Diego, CA 92121
PROPOSED MINOR SUBDIVISION NO. 810
A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad
Municipal Code, to approve the tentative map of the proposed minor subdivision subject to the
following conditions:
L The tentative parcel map approval shall expire two (2) years from the date of the letter
containing the final decision for tentative map approval.
2. The applicant may request a review of the conditions in writing within ten (10) days of the
date of this approval.
3. All lots within this project shall conform to current Zoning Ordinance (Title 21) with
respect to size, setbacks, and land use.
4. This project is also approved under the express condition that the applicant pay the
additional public facilities fee adopted by the City Council on April 22, 1986, and any
development fees established by the City Council pursuant to Ordinance No. 9791 or
subsequent ordinance adopted to implement a growth or development management system
or public facilities phasing plan to fulfill the subdivider's agreement to pay the public
facilities fee dated June 9, 1989, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project shall be void.
5. This minor subdivision is eligible for a parcel map waiver. In lieu of a parcel map,
Conditional Certificates of Compliance shall be recorded.
6. The developer shall submit for approval of the California State Coastal Commission as a
condition of the Conditional Certificates of Compliance.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619)438-1161
Minor Subdivision 810 PAGE: 2
7. The developer shall submit proof of payment of required agricultural conversion mitigation
fees per the City's Mellow II Local Coastal Program as a condition of the conditional
Certification of Compliance.
8. No further development of the site will occur until all requirements of Growth Manage-
ment Plan for Zone 22 have been complied with.
9. Prior to development of the site the owner must install all required public improvements
including streets, water, sewer and drainage to the satisfaction of the City Engineer.
10. All required fees shall be paid prior to recordation of the Conditional Certificates of
Compliance.
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:JM:rp
c: Kurt Danielson
FEES AND DEPOSITS
MS 810
1. Conditional Certificate of Compliance (2 lots @ $225.00/lot) $450.00
/ " CITY OF CARLSBAD W C X \) X '
ENGINEERING DEPARTMENT ^
Inter-Office Correspondence ^^*^^Vyf^^
"0: Parks Dept. _______ CRMWD Date: /^v;^
Planning Dept. ,/ LCWD
Util.Maint. Dept. Olivenhain WD
Fire Dept. SMCWD
iUBJECT: Request for comments relative to Minor Subdivision No. <f^/D
Applicant: /^i tl<L B/U6lA^^^f ^^ ^/77X>Xl/rX^ X^p,
Enclosed is a copy of the Tentative Parcel Map of the subject Minor Subdivision with
ittachments for your information as follows:
SJl>Xx>it€. g'-vi-g- /o '>^Xo ~huJo ^ //^ ^g-^t:^Sgg>^^^e>^
^lease review this proposed development and submit your comments to the City Engineer,
\ttnj..—/Cois ^H-ic i^'^j X \< . Failure to respond to this request
^ will be interpreted to mean that the proposal has your endorsement
nd no fees, deposits, or specific conditions will be required.
or your cooperation.
City Engineer
^ \
REPLY
Sukd^^^uucr^ XyZfujyutXS (X^j-u^e^iiyi^.Jd(XXX>t•''?^^c^ y^^^^'^iZfei-,
Date: Sianature;
CITY OF CARLSBAD ^ J
ENGINEERING DEPARTMENT
Inter-Office Correspondence
•Q: Parks Dept. , CRMWD Date: /x^X^
Planning Dept. LCWD
Util.Maint. Dept. Olivenhain WD
Fire Dept. SMCWD
jUBJECT: Request for comments relative to Minor Subdivision No. (f^/D
Applicant: tl<L E K}6 lAJ^^I ^ i:, / J7/> Xj/^'X::' X'o.
Enclosed is a copy of the Tentative Parcel Map of the subject Minor Subdivision with
ittachments for your information as follows:
lease review this proposed development and submit your comments to the City Engineer,
^ttn: /^oh^^'t' i/^ojX\< ^ . Faiiure to respond to this request
3y will be interpreted to mean that the proposal has your endorsement
as suDmitted and no fees, deposits, or specific conditions will be required.
Thank you for your cooperation.
City Engineer
^y- x%^ ^y^H^tu^
REPLY;
/ft JUNMS S\
V?
UTIUTIES* MAINTENANCE
Date Sianature
Citv of Carlsbad
Engineering Department
June 23, 1989
DATE
NOTICE OF FILING OF TENTATIVE PARCEL MAP
MINOR SUBDIVISION NO. 810
Notice is hereby given that a Tentative Parcel Map has been filed
on property generally located on the east side of Carlsbad
Boulevard north and south of Poinsettia and more particularly
described as Assessor Parcel Number 214-150-17 & 18.
The project involved is described as subdividing one lot into two
lots.
APPLICANT: Rick Engineering Co. (Lusk Company)
STATEMENT OF THE MATTER: This project is a minor subdivision (four
units or less), which by subdivision ordinance, does not require
a public hearing. A minor subdivision is processed by the City
staff and must comply with all applicable codes, regulations, and
zoning.
Each property owner may request, in writing, the opportunity to be
heard on the Tentative Parcel Map. Such written request must be
filed with the City Engineer within fifteen (15) days of this
notice. Failure to so file shall be deemed a waiver of your rights
with regard to this matter. Your comments and suggestions are
appreciated.
If you have any questions or comments, please do not hesitate to
contact Jim Murray of our office at 438-1161.
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:HE:rp
Attachment
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
cm OF OVRISBAD
2075 IAS PADAS CR.
CARI2BM), CA 92009
FEE $400.00
ENGINEERINS CEPARDlENr
TEinMlVE PARCEL MAP
(4 CR USS PARCELS CR OONDCMINIUM UNITS)
HcoE: IBB xmzam is SBODHSD TO
PGR GCASEAL OdKISSICN KPOCNXL
JF UXJOB) III HIE OCASEKL 2CME
FCR OFFICE USE OtlLa
M.S. NO.
RECEIPr ND.
OATE
DXATION OF FBQJECT: East 44^
(NCRIH, SOOTH, EAST, WEST)
SIDE OF p;=.-rlshad Boulevard
(NAME OF SIREET)
EEIWEEW North
(NAME OF STREET)
• JBIIID South of Poinsettia
(NAME OF STREET)
LEXaAL IXSCRIFriCN: (CCHFIETE)
SPP AttricliFid
NO. OF EXISTING WIS TOTAL ACREAGE
35.4±
NO. OF PROPOSED lOTS ASSESSORS PARCEL NO.
214-150-17, 18
FPDJECr ADDRESS (IF AVAIIABLE) TYPE OF SUBDIVISICN (CIRCEE OtfE)
INDUSTRIAL, OCfflERCIAL, RESICeTTIAL
NAME OF I^S^SCM WHO H^ARED MAP
Rick Engineering
RBGISTRAinCN NO. (IF APPLICABI£)
28448
ZONE NO.
22
ADCRESS OF MAP HEARER ^ „.
•^fi5 S. Rancho Santa Fe Road, Ste 100,S.M. 92069 FHCNE NUMBER 744-4800
NAME (PRINT OF THC)
.7,n. T.usk company
NAME (PRINT CR TIPE)
Rick Engineering Company
MAIUNS ACCRESS
gS97 Oberlin Drive, Suite 204
MAILING ADCRESS
365 S. Rancho Santa Fe Road
CITY AND STAIE ZIP TEIEPfKWE
San niP.ao. CAI 92069 #452-8551
• CITY AND STATE ZIP TEIEEHOJE
San Marcos, Ca. 92069 #744-4800
I CERTIFY THAT I AM IHE lEGAL OWNER
AND THAT AIL THE ABOVE INFCSMATIGN
IS ITOE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
I CERI'IIY IHAT I AM THE CWNER'S
REPRESENEAnVE AND THAT ALL THE
ABOVE J3f^KI£Wa!lOtl IS TOJE AND
OF MY KNOWIEDGE.
TENTATIVE PARCEL MAP SUBMITTAL CHECKLIST
For Citv Use
DATE
PROJECT SUBMITTAL IS COMPLETE
COMMENTS:
PROJECT ID. CHECKED BY
YES NO
lowing items must be in the initial submittal:
Eight copies of the tentative parcel map 24" X 36" folded in a size
L3 6.
not to exceed 8V x 11"
current within the Two copies of preliminary title report
months.
Public facilities letter - letter from the appropriate sewer (if
outside City sewer district) district certifying that satisfactory
facilities exist or arrangements have been made to the satisfaction
of the district to provide said facilities.
300 foot radius map - An Z\" x 11" map showing each lot within 300
feet of the exterior boundary of the property to be subdivided. Each
included lot shall be consecutively numbered to correspond with the
property owner's list. Area to be subdivided shall be
shaded and show new proposed lot lines.
Propertv Owners' List and Addressed Labels
A typewritten list of the names and addresses of all property owners
and occupants within a 300 foot radius of subject property (including
the application and/or owner). The list shall include the San Diego
County Assessor's parcel number from the .latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners and
occupants within a 300 foot radius of subject property. For any
address other than single family residence, apartment or suite number
MUST be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS.
Applicant must submit a separate check to cover cost of postage due
for two (2) separate mailings.
Public Facilities Agreement - Completed, signed and properly notarized
(individual, partnership, or corporate notary with a legal description
attached). Two (2) copies needed: One (1) original and one (1)
photocopy.
Completed "Local Facility Impact Assessment Form."
Two'copies of preliminary soils/geologic report for
requiring a grading permit. ^AX^,..^tX*L^
Tentative Parcel Map Fee - $400.00
Completed application form.
Environmental Impact Assessment Form and fee - $175
Grading plan including approximate earthwork volumes or statement on
map that no grading permit is required.
Time Extension Agreement - signed (If concurrent processing of other
^scretionary actions)^
all projects
.00
or statement
LJ^ 13.
-X/ t.nmplQtpd "Inral Farility TmparT:Asgeg^9nt Fornv?
-^h®^- Carlsbad
Municipal Water District
5950 El Cannino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Administration: (619) 438-2722
Fax: (619) 431-1601
June 26, 1989
To: City of Carlsbad
Engineering Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Attn: Bob Wojcik
Subj: Minor Subdivision, Map No(^8Lggg^usk) , East Side Carlsbad
at Poinsettia Lane - CMWD Project No. 83-210
The subject project has been reviewed by the District's
Engineering Department to determine the extent of water system
improvements required in regards to the existing and proposed
water system to serve proposed project.
We have the following specific recommendations:
1. The entire water system for subject project must be
evaluated in detail to insure that adquate capacity
for domestic, landscaping and fire flow demands are
met.
2. The Developer's Engineer shall schedule a meeting
with the District Engineer and the City Fire Marshal
and review the preliminary water system layout prior
to preparation of the water system improvement plans.
3. The Developer will be responsible for all fees and
deposits, plus the major facility charge which will
be collected at time of issuance of building permit.
4. The Developer shall be required to construct a 12"
water line in Poinsettia Lane.
5. Presently the project has an existing 10" ACP water
main located along the westerly boundary.
"Serving Carlsbad for over 35 years"
We ask that you include the above recommendations as a
condition of approval. Please contact the undersigned if you
have any questions.
Very truly ;^ours
F. JerJ?y Whitley
Engineering Manager
FJW:jcm
cc: Mike Smith, Fire Marshal
Rick Engineering, San Marcos, CA
Citv of Carlsbad
Engineering Department
August 8, 1989
Mr. Bob Ladwig
Rick Engineering Company
3088 Pio Pico Drive, Suite 202
Carlsbad, CA 92008-1965
PROPOSED MINOR SUBDIVISION NO. 810 (LUSK) - REQUEST FOR REVIEW OF PRELIMINARY
DECISION CONDITIONS.
Dear Bob,
This letter is in response to your letter dated July 28, 1989, in which you requested deleting
Conditions 6 and 7 and suggested a possible replacement condition.
I have reviewed your requests with Gary Wayne of the Planning Department and here are the
changes we propose:
Change Condition 6 to:
"The Developer shall submit a copy of a valid Coastal Development Permit that is
in substantial conformance with this action, for the review and approval of the
Planning Director. This shall be a condition of the Conditional Certificate of
Compliance."
Change Condition 7 to:
"Prior to the issuance of any further development permit, (as defined in Section
21.90.020 of the Carlsbad Municipal Code), the developer shaU comply with one
of the options available (as determined by the City of Carlsbad) for agricultural
conversion mitigation for the City's Mellow II Local Coastal Program, as a condi-
tion of the Conditional Certificate of Compliance."
If you have any questions, please give me or Gary Wayne a call.
Sincerely,
Cl-
MURRAY ^"-^
Associate Civil Engineer
JM:rp
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
3088 Pio^BDrivc
Suite 202
Carlsbad CA 92008-196 S
(619) 729-4987
FAX:(619)729-10W
RiCK ENGII#E:mNG COMPANY
July 28, 1989
Mr. Bob Wojcik
Principal Civil Engineer
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, California 92009
SUBJECT: PROPOSED MINOR SUBDIVISION NO. 810
RICK ENGINEERING JOB NO, 7561-1
Dear Bob:
Thank you for faxing the preliminary decision on Minor Subdivision
No. 810 to me yesterday. I especially appreciate getting it
quickly from you and not having to wait 3-4 days for the mail.
In reviewing the conditions and per our discussion today, I would
like to offer the following suggestions: I would suggest that
Conditions 6 and 7 be deleted and replaced with the following
language: "Prior to development, the developer shall comply with
one of the three options available for agricultural conversion
mitigation for the City's Mello II Local Coastal Program."
This pretty much follows the thinking in draft Condition 7. The
reason I have asked for Condition 6 to be deleted, would be as
follows. It is clear that the Coastal permit is required for a
parcel map. We did file a tentative parcel map on this project,
but we have asked for, and it appears you would agree, that the
final can be waived and we will file a Conditional Certificate of
Compliance. It appears that we would not have to submit the
Conditional Certificate of Compliance to the Coastal Commission for
their approval. We would agree, though, that prior to any further
development, we would have to submit to the Commission for their
approval. This is further backed up when you read Section 66499.35
of the Subdivision Map Act. It states under paragraph (b), the
last sentence, that "fulfillment of any condition shall be required
prior to subsequent issue of a permit or other grant of approval
for development of the property." In addition, a Certificate of
Compliance is clearly not a subdivision, which would by definition
not require a Coastal permit. We hope you agree with this in
deleting Condition 6.
Mr. Bob Wojcik
RE: PROPOSED MINOR SUBDIVISION NO. 810
July 28, 1989
Page Two
Again, thank you for your cooperation. If you have any questions,
please give me a call.
Sincerely,
Robert C. Ladwig
RCL:kd.001
cc: THE LUSK COMPANY
Attention: Mr. Don Steffensen
Mr. Marv Steadman
RICK ENGINEERING COMPANY
Attention: Mr. Ed Domingue
Dale L. Schreiber
Ponto Storage, Inc.
7290 Ponto Dr.
Carlsbad, Calif. 92009
July 6, 1989
City Of Carlsbad
Engineering Dept.
2075 Las Palmas Dr.
Carlsbad, Calif. 92009-^859
Attnj L. Hobbs, Chief Engineer
Robert J. Wojcik
James Murray
SUBJECT: Minor Subdivision No. 810
( Lusk Company) Rick Engineering
Parcel Number 214-150-1? & 18
Dear Sirs:
In regards to your letter dated June 23, I989 and our telephone
conversation with Hobbs and Murray concerning Zone 22 development
and current flood control storm drain deficiencies, it is our
position that no more water be sent south through our properties.
Since the water normally went through these parcels and to
Encinas Creek rather than coming south, we are concerned that the
large flood drain pipe be in place as shown on the Master Storm
Drain Plan which bypasses our property and is located in the
railroad easement property, prior to any development on these
parcels.
We can no longer take any more water which heretofore flowed
away from our property as we are at a flood control crisis
at this time.
During last years rains, which were light compared to past years,
we were nearly flooded on several occasions.
If you have any questions or oomments, please do not hesitate
to contact laOat ^38-21^0.
Dale Schreiber
Ponto Storage, Inc.
JJL 11 1989
C!TY OF C^4fiLSeAD
365 S. I^Biu SuTita Fc Rd.
San Marcos
California 92069-2338
(619)744-4800
FAX: (619) 744-0893
{ME RICK ENGIMERING COMPANY
June 2, 1989
Mr. Robert Wojcik
CITY OF CARLSBAD
Engineering Department
2075 Las Palmas Drive
Carlsbad, California 92009
SUBJECT:
Dear Bob:
LUSK TENTATIVE PARCEL MAP
(RICK ENGINEERING JOB NUMBER 7561-1) />)$t/o
Enclosed for your processing is a tentative parcel map application
package for the westerly parcels of The Lusk Carlsbad property.
As you may be aware, we are filing this tentative parcel map and
then will file the previously processed certificate of compliance
after approval of this tentative parcel map. Final parcel map
requirements have been waived by the City of Carlsbad after review
of Rick Engineering's (Bob Ladwig) letter to the City Engineer,
dated November 3, 1988. Mario Ingrasci of your Engineering
Department was also involved in the City's decision and can answer
any questions you may have regarding the waiver of final parcel
map.
If I can be of any assistance in the processing of this tentative
parcel map, please call me. Thank you for your rapid attention to
this matter.
Sincerely,
Edward N. Domingue
END:ndi
Enclosures
cc: Mr. Mario Ingrasci
CITY OF CARLSBAD
Mr. Marv Steadman
THE LUSK COMPANY
Mr. Bob Ladwig
m TICOR TITLg INSURANCE ^
TICOR TITLE INSURANCE COMPANY
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
PRELIMINARY REPORT
JANUARY 23, 1989
THE LUSK COMPANY
ATTN: MARV STEADMAN
17550 GILLETTE AVENUE
P.O. BOX C-19560
IRVINE, CA. 92713
YOUR REFERENCE: LT LINE ADJUST. R/R TR. OCNSDE
OUR ORDER NO. : 1172756 AMENDED
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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
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 FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. 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.
DATED AT 7:30 A.M. AS OF DECEMBER 16, 1988
TITLE OFFICER: ROY PROVENCE TEL 619 544-6236
TOM VOTEL TEL 619 544-6234
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS;
( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87)
( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE
( ) CLTA STANDARD COVERAGE POLICY - 1988
( ) ALTA OWNER'S POLICY (10-21-87)
AMENDED 1172756 PAGE 1 •7661 X
/^jyX'O
^ TICOR TITLE INSURANCE—
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE LUSK COMPANY, A CALIFORNIA CORPORATION
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 COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS,
IF ANY, COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1988-89
INCLUDING PERSONAL PROPERTY TAX, IF
FIRST INSTALLMENT : DELINQUENT
SECOND INSTALLMENT : NOW PAYABLE
ANY,
AND WILL BE DUE 020189
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED :
AFFECTS :
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY
JANUARY 17, 1917 IN BOOK 723, PAGE 481 OF DEEDS
A STRIP OF LAND 2 FEET WIDE, THE CENTER LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 4, DISTANT 5 FEET
EAST FROM THE EAST LINE OF THE STATE HIGHWAY; THENCE NORTH 5 FEET EAST
AND PARALLEL WITH THE EAST LINE OF SAID STATE HIGHWAY TO A POINT ON
THE NORTH LINE OF SAID LOT 2, DISTANT 5 FEET EAST FROM THE EAST LINE
OF SAID HIGHWAY; THENCE EAST 5 FEET SOUTH AND PARALLEL WITH THE NORTH
LINE OF SAID LOT 2, 125 FEET.
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED :
AFFECTS :
AMENDED 1172756
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS, FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY
JUNE 24, 1918 IN BOOK 760, PAGE 144 OF DEEDS
A STRIP OF LAND 2 FEET IN WIDTH, BEING IN LOT 3,
SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, THE CENTER LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
PAGE
TICOR TITie INSURANCE
BEGINNING AT A POINT WHICH BEARS NORTH O'^OB' EAST 5 FEET; THENCE
SOUTH 89'58' WEST 337.85 FEET FROM THE SOUTHEAST CORNER OF
LOT 3, SAID SECTION 29, SAID POINT BEING THE WESTERLY
RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE NORTH 89°58' WEST PARALLEL WITH AND 5 FEET
NORTHERLY FROM THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 647 FEET
TO A POINT 5 FEET EASTERLY FROM THE EASTERLY LINE OF THE STATE HIGHWAY
AT STATION 210 PLUS 44.75 OF THE STATE HIGHWAY, DIVISION VII, SAN
DIEGO COUNTY, ROUTE 2, SECTION B.
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
OCTOBER 25, 1941, DOCUMENT NO. 66898 IN BOOK 1269,
PAGE 3 OF OFFICIAL RECORDS
A STRIP OF LAND 15 FEET IN WIDTH, THE CENTER LINE
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, FROM WHICH SAID
POINT THE NORTHWEST CORNER OF SAID EAST HALF OF NORTHEASTQUARTER OF
SECTION 29 BEARS NORTH 00»02'00" WEST 689.37 FEET; THENCE SOUTH
2ri8'38" EAST 3057.10 FEET TO A POINT; THENCE ALONG THE ARC OF A
CIRCLE CONCAVE TO THE EAST WHOSE DELTA ANGLE 16*^30' AND LENGTH IS
860.58 FEET TO A POINT THENCE SOUTH 04°48'38" EAST 95.40 FEET TO THE
POINT OF TERMINATION, AND FROM WHICH SAID POINT THE SOUTHEAST CORNER
OF SAID NORTH ONE-THIRD OF LOT 4, SECTION BEARS SOUTH 89°49'50" EAST
64.44 FEET.
5. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO,
SAID RIGHTS HAVING BEEN CONDEMNED BY FINAL DECREE OF CONDEMNATION.
A CERTIFIED COPY OF WHICH WAS
RECORDED : APRIL 23, 1952 IN BOOK 4444, PAGE 395 OF OFFICIAL
RECORDS
CASE NO. : 165983
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
MARCH 29, 1954, DOCUMENT NO. 40574 IN BOOK 5186, PAGE
560 OF OFFICIAL RECORDS
A STRIP OF LAND 10 FEET IN WIDTH, THE WESTERLY LINE OF
WHICH IS PARALLEL WITH AND ABUTTING THE EASTERLY
RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY RIGHT OF WAY.
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, TO THE POINT OF TERMINATION ON THE
SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AMENDED 1172756 PAGE
TICOR TITLE INSURANCE
BASE AND MERIDIAN.
7. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO,
SAID RIGHT HAVING BEEN RELINQUISHED BY DEED
TO : THE STATE OF CALIFORNIA
RECORDED : JULY 18, 1963, RECORDER'S FILE NO. 125935
NOTE: SAID DEED RECITES: "LANDS WHICH LIE GENERALLY NORTHWESTERLY
AND SOUTHWESTERLY OF SAID PARCEL SHALL ABUT UPON AND HAVE ACCESS
AS HEREINAFTER PROVIDED TO A CONNECTING ROAD WHICH WILL BE
CONNECTED TO THE MAIN THOUROGHFARE OF THE FREEWAY ONLY AT
SUCH POINTS AS MAY BE ESTABLISHED BY PUBLIC AUTHORITY."
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
THE CITY OF CARLSBAD
STORM DRAIN
JUNE 10, 1974, RECORDER'S FILE NO. 74-152824
PARCEL A-1
IN FAVOR OF
FOR
RECORDED
AFFECTS
AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF
LAND 12.00 FEET IN WIDTH OVER THAT PORTION OF SECTION
29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES
OF SAID STRIP LYING 6.00 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA
& SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE
CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS
DESCRIBED IN THE DIRECTORS' DEED TO THE COUNTY OF SAN DIEGO, FILE NO.
198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY THENCE FROM SAID POINT OF INTERSECTION, ALONG SAID
CENTER LINE, NORTH 76°13'30" EAST 377.48 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 18°00'00" WEST 2974.06 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 45.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 9°50'45", AN ARC LENGTH OF 7.73 FEET TO A POINT ON THE NORTH LINE
OF SAID SECTION 29, SAID SECTION LINE BEING ALSO THE SOUTHERLY LINE OF
LA COSTA DOWNS, UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013, FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; A RADIAL LINE
TO SAID POINT BEARS NORTH 62°09'15" EAST, SAID POINT BEING ALSO NORTH
89''58'20" EAST 575.53 FEET FROM THE EAST LINE OF SAID ATCHISON, TOPEKA
& SANTA FE RAILROAD RIGHT OF WAY.
THE SIDELINES OF THE ABOVE-DESCRIBED STRIP SHALL TERMINATE
IN THE NORTH LINE OF SAID SECTION 29.
^ PARCEL A-2
AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 12.00
FEET IN WIDTH OVER PORTIONS OF SECTIONS 28 AND 29, TOWNSHIP 12 SOUTH
RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
AMENDED 1172756 PAGE 4
TICOR TITLE INSURANCE
\
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF OF
SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDLINES OF SAID
STRIP LYING 6.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE;
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA
& SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE
CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS
DESCRIBED IN THE DIRECTORS'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO.
198819, RECORDED DECEMBER 22, 1966 IN THE OFFICE OF COUNTY RECORDER OF
SAN DIEGO COUNTY, THENCE FROM SAID POINT OF INTERSECTION, ALONG SAID
CENTER LINE, NORTH 76°13'30" EAST 752.49 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 13°43'30" WEST 47.42 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B": THENCE SOUTH 76''16'30" WEST
339.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 45.00 FEET; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 40°43'30", AN ARC LENGTH OF 31.99 FEET, TO
A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 63°00'00" 14;99
FEET; THENCE SOUTH 27*00'00" WEST 85.44 FEET.
^ PARCEL A-4
AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 10.00
FEET IN WIDTH OVER THAT PORTION OF SECTION 29, TOWNSHIP 12 SOUTH ,
RANGE WEST OF THE SAN BERNARDIDO MERIDIAN IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA , ACCORDING TO OFFICIAL PLAT THEREOF OF SAID LAND
FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES OF SAID STRIP LYING
5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND
THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS
DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO.
198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE
NORTH 21°08'15" WEST 94.95 FEET; THENCE NORTH 80°4r22" EAST 347.59
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 150.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 8M1'22", AN ARC LENGTH OF 22.75 FEET, TO A TANGENT
LINE; THENCE NORTH 72''00'00" 2.50 FEET TO THE INTERSECTION WITH THE
CENTER LINE OF THE ABOVE-DESCRIBED EASEMENT (PARCEL A-1).
y PARCEL A-5
AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 10.00
FEET IN WIDTH OVER THAT PORTION OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF OF SAID
LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES OF SAID STRIP
LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE ATCHISON, TOPEKA
& SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE
CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS
DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO.
198819, RECORDED DECEMBER 22, 1969 IN THE OFFICE OF COUNTY RECORDER OF
SAN DIEGO COUNTY, THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH
AMENDED 1172756 PAGE 5
TICOR TITLE INSURANCE
2r08' 15" WEST
71''2r45" WEST
79.93 FEET
5.00 FEET.
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
vg. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
SLOPE PURPOSES
AUGUST 21, 1974, RECORDER'S FILE NO. 74-227600
AS FOLLOWS:
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
BEGINNING AT THE NORTHEASTERLY CORNER OF THE AFOREMENTIONED PARCEL 1;
THENCE CONTINUING ALONG THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD COMPANY RIGHT-OF-WAY NORTH 2r08'51" WEST 40.00
FEET; THENCE SOUTH 73'02'52" WEST 492.66 FEET TO THE INTERSECTION WITH
THE EASTERLY LINE OF THE AFOREMENTIONED STATE HIGHWAY;'THENCE ALONG
SAID EASTERLY LINE SOUTH 19*50'19" EAST 12.00 FEET; THENCE NORTH
76*16'30" EAST 495.77 FEET TO THE POINT OF BEGINNING.
MO. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR
FOR
RECORDED
AFFECTS
OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
SLOPE
AUGUST 21, 1974, RECORDER'S FILE NO. 74-227601
AS FOLLOWS:
A NON-EXCLUSIVE EASEMENT FOR SLOPE PURPOSES IN, OVER, ACROSS AND
THROUGH THE FOLLOWING DESCRIBED REAL PROPERTY TOGETHER WITH THE RIGHTS
OF REPAIRING AND MAINTENANCE OF SAID SLOPES. BEGINNING AT THE
SOUTHEASTERLY CORNER OF THE AFOREMENTIONED PARCEL 1 AS DESCRIBED IN
THE REFERRED TO DOCUMENT, THENCE CONTINUING ALONG THE WESTERLY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT OF WAY SOUTH
2r08'5r' EAST 35.00 FEET; THENCE SOUTH 79°06'05" WEST 502.20 FEET TO
THE INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED STATE
HIGHWAY; THENCE ALONG SAID EASTERLY LINE NORTH 19*^50'19" WEST 10.00
FEET; THENCE NORTH 76*16'30" EAST 498.13 FEET TO THE POINT OF
BEGINNING.
11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
OCTOBER 12, 1982
JOHN D. LUSK & SON, A CALIFORNIA CORPORATION AND
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
NOVEMBER 23, 1982, RECORDER'S FILE NO. 82-361932
12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF
FOR
RECORDED
AFFECTS
PARCEL "A"
AMENDED 1172756
CITY OF CARLSBAD
PUBLIC ROADWAY AND APPURTENANT PURPOSES AND
MAY 18, 1984, RECORDER'S FILE NO. 84-186516
AS FOLLOWS:
FOR SLOPES
PAGE
TICOR TITLE INSURANCE
THAT PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE,
BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE
COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY
OF SAN DIEGO; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CENTER
LINE OF POINSETTIA LANE, SOUTH 76''13'30" WEST, 201.66 FEET TO A POINT
ON THE WESTERLY RIGHT OF WAY LINE OF THE THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH
2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH AND
DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID
PROLONGATION OF THE CENTER LINE OF POINSETTIA LANE; THENCE PARALLEL TO
SAID CENTER LINE, SOUTH 76°13'30" WEST, 494.75 FEET TO THE
INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY
AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR
COURT OF SAN DIEGO COUNTY, CASE NO. 165983, FILED IN THE OFFICE OF THE
COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY
LINE, SOUTH 19''50'30" EAST, 80.45 FEET TO A POINT ON SAID PROLONGATION
OF THE CENTER LINE OF POINSETTIA LANE; THENCE ALONG SAID CENTER LINE,
NORTH 76''13'30" EAST, 496.59 FEET TO THE "TRUE POINT OF BEGINNING".
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE
PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S
DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON
DECEMBER 22, 1966, RECORDER'S FILE NO. 198819.
ALSO EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE
PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEED CONVEYED
TO THE CITY OF CARLSBAD AND RECORDED ON AUGUST 21, 1974, RECORDER'S
FILE NO. 74-227600.
^ SLOPE EASEMENT #1
THAT PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE,
BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE
COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY
OF SAN DIEGO; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CENTER
LINE OF POINSETTIA LANE, SOUTH 76*13'30" WEST, 201.66 FEET TO A POINT
AMENDED 1172756 PAGE 7
TICOR TITL| INSURANCE
ON THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY
LINE, NORTH 2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL
WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID
PROLONGATION OF THE CENTER LINE OF POINSETTIA LANE, SAID POINT BEING
THE "TRUE POINT OF BEGINNING"; THENCE PARALLEL TO SAID LINE, SOUTH
76°13'30" WEST, 494.75 FEET TO THE INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF
FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY,
CASE NO. 165983, FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID
COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 19°50'30"
WEST, 13.07 FEET; THENCE NORTH 76°13'30" EAST, 340.00 FEET; THENCE
NORTH 66°57'20" EAST, 153.25 FEET TO A POINT ON SAID WESTERLY RIGHT
OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 21''08'33" EAST,
38.00 FEET TO THE "TRUE POINT OF BEGINNING".
PARCEL "C"
THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF
OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TH ECENTER LINE OF POINSETTIA LANE,
BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE
COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY
OF SAN DIEGO; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE,
NORTH 2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH
AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID
CENTER LINE OF POINSETTIA LANE; THENCE ALONG SAID PARALLEL LINE, NORTH
76**13'30" EAST, 726.44 FEET TO THE INTERSECTION WITH THAT CERTAIN
COURSE CITED AS BEING A CURVE HAVING A RADIUS OF 500.00 FEET AND AN
ARC DISTANCE OF 174.53 FEET IN PARCEL 2 OF A DEED TO JOHN D. LUSK &
SON, A CALIFORNIA CORPORATION, RECORDED JANUARY 9, 1973, RECORDER'S
FILE NO. 73-006848; A RADIAL LINE TO SAID POINT BEARS NORTH 85°18'48"
EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°02'18", AN ARC DISTANCE OF 78.87 FEET; THENCE TANGENT TO SAID
CURVE, SOUTH 13''43'30" EAST, 1.46 FEET TO A POINT ON SAID CENTER LINE
OF POINSETTIA LANE; THENCE ALONG SAID CENTER LINE, SOUTH 76°13'30"
WEST, 710.09 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE
PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S
DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON
DECEMBER 22, 1966, RECORDER'S FILE NO. 198819.
ALSO EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE
PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEED CONVEYED
TO THE CITY OF CARLSBAD AND RECORDED ON MAY 14, 1974, RECORDER'S FILE
NO. 74-125459.
AMENDED 1172756 PAGE 8
TICOR TITI^ INSURANCE
SLOPE EASEMENT #3 ,
THOSE PORTIONSOF THE EAST HALF OF SECTION 29 AND THE WEST HALF
OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE,
BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE
COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY
OF SAN DIEGO; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE,
NORTH 21°08'33" WEST, 80.67 FEET TO THE "TRUE POINT OF BEGINNING",
SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00
FEET MEASURED AT RIGHT ANGLES TO SAID CENTER LINE OF POINSETTIA LANE;
THENCE PARALLEL TO SAID CENTER LINE, NORTH 76*'13'30" EAST 540.00
FEET; THENCE SOUTH 8r06'15" WEST, 548.01 FEET TO A POINT ON SAID
EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE, SOUTH
2r08'33" EAST, 47.00 FEET TO THE "TRUE POINT OF BEGINNING".
13. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED SEPTEMBER 24, 1985
AMOUNT : $9,375,000.00
TRUSTOR JOHN D. LUSK & SON, A CALIFORNIA CORPORATION
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY : SERVICE MORTGAGE COMPANY, A CORPORATION
RECORDED SEPTEMBER 27, 1985, RECORDER'S FILE NO. 85-357388
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
NOTES
A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A
DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A
"PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT,
SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF
THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT
A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO
REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON
JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS
DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW
CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED
BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO
AMENDED 1172756 PAGE 9
^ TICOR TITLE INSURANCE
DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE
FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY
IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID
SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY
CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS.
C. TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
FIRST INSTALLMENT
SECOND INSTALLMENT
D. TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
FIRST INSTALLMENT
SECOND INSTALLMENT
1988-89
09027
214-150-17
$621,260.00
$3,235.95 DELINQUENT
$3,235.95 UNPAID
1988-89
09027
214-150-18
$569,961.00
$2,968.75, DELINQUENT
$2,968.75, UNPAID
AMENDED 1172756 PAGE 10
TICOR TITI^ INSURANCE
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 2, 3 THE NORTH 1/3 OF LOT 4 AND
THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12
• SOUTH, RANGE 4, WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE
OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD AND LYING EASTERLY OF THE EASTERLY LINE OF PARCEL 5-A AS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED
APRIL 23, 1952, AS DOCUMENT NO. 50269 IN BOOK 4444, PAGE 395 OF
OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 29,
DISTANT THEREON NORTH 89*49'10" WEST 325.97 FEET FROM THE CORNER
COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID
SOUTH LINE SOUTH 89*49'10" EAST 88.23 FEET FROM ENGINEERS STATION 196
PLUS 46.33 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY
MADE IN 1947 BETWEEN HALF MILE SOUTH OF SAN MARCOS CREEK AND 2.2 MILES
SOUTH OF CARLSBAD, ROAD XI-SD-2-B; THENCE ALONG A LINE PARALLEL WITH
AND DISTANT 80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE
OF SAID SURVEY NORTH 24*45'30" WEST 72.54 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT WITH A RADIUS OF 6,120 FEET THROUGH AN ANGLE OF
4*55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19*50' WEST 3628.47
FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF
19,846 FEET THROUGH AN ANGLE OF 0*22'46" A DISTANCE OF 131.43 FEET TO
A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT ALONG SAID NORTH LINE
SOUTH 89*55'53" WEST 466.01 FEET FROM THE NORTHEAST CORNER OF SAID LOT
2, SAID POINT ALSO BEING DISTANT ALONG SAID NORTH LINE OF LOT 2 NORTH
89*55'53" EAST 84.78 FEET FROM ENGINEER'S STATION 240 PLUS 28.54 ON
THE CENTER LINE OF SAID SURVEY.
EXCEPTING THEREFROM SAID LOT 3, THAT PORTION CONVEYED TO THE COUNTY OF
SAN DIEGO, IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966,
FILE NO. 198819 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF
THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND
RECORDED ON DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO.
5 HAVING A BEARING AND DISTANCE OF NORTH 13*05'20" WEST, 20.00 FEET;
THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13*46'30"
EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76*16'30" WEST,
SAID LINE BEING SOUTH 13*46'30" EAST 28.75 FEET FROM THE NORTHERLY
LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF
SAID COURSE NO. 5; THENCE SOUTH 76*16'30' WEST 1155.57 FEET TO THE
INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE
TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 2r08'5r' EAST 27.97
FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND AS MEASURED ALONG THE
WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID
AMENDED 1172756 PAGE 11
g? TICOR TITI^ INSURANCE
WESTERLY RIGHT OF WAY LINE NORTH 2r08'51" WEST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT
ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF
SOUTH 76*16'30" WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE
SOUTH 76°16'30" WEST 495.77 FEET TO THE INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL
5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO
COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID
COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 19*50'19" EAST 51.29
FEET; THENCE NORTH 76*16'30" EAST 496.95 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE
AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE/PAGE NO. 198819.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF
THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND
RECORDED ON DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO.
5 HAVING A BEARING AND DISTANCE OF NORTH 13*05'20" WEST, 20.00 FEET;
THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13*46'30"
EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76*16'30" WEST,
SAID LINE BEING SOUTH 13*46'30" EAST 28.75 FEET FROM THE NORTHERLY
LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF
SAID COURSE NO. 5; THENCE SOUTH 76*16'30" WEST 1155.57 FEET TO THE
INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD COMPANY. SAID POINT OF INTERSECTION BEING THE
TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 2r08'51" EAST 27.97
FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED ALONG THE
WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID
WESTERLY RIGHT OF WAY LINE SOUTH 21*08*51" EAST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET MEASURED AT RIGHT
ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF
SOUTH 76*16'30" WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE
SOUTH 76*16'30" WEST 498.13 FEET TO THE INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN
PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF
SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 19*50'19" WEST
51.29 FEET; THENCE NORTH 76*16'30" EAST 496.95 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE/PAGE NO. 198819.
ALSO EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A. L. SHIPLEY, JR.,
CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED
JUNE 30, 1969, FILE/PAGE NO. 116905.
AMENDED 1172756 PAGE 12
TICOR TITI^ INSURANCE
EXHIBIT A
Printed Policy Exceptions and Exclusions
ALTA RESIDENTIAL POLICY (6-1-87)
The Exclusions and the Exceptions of the ALTA Residential Policy
form recite that you are not insured against loss, costs, attorneys'
' fees, and expenses resulting from:
Exclusions
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
* Improvements on the land
* land division
* 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 and 13 of Covered Title Risks.
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
* the taking happened prior to the Policy Date and Is binding on
you if you bought the land without knowing of the taking
3 Title Risks:
* 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 the 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
referred 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 S of Covered
Title Risks.
Standard Exceptions
(a) Any rights, interests or claims of parties In possession of the
land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of the Covered
Title Risks.
(c) Any facts about the land which a correct survey would disclose
and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of
Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
ALTA LOAN POLICY (10-21-87)
WITH ALTA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the ALTA Loan Policy form recites that the foiiowing 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 taw, 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;(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 govemmental
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 a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Oate 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 creating 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 matenal, 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 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 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 materials (or the claim of priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to
Date of Policy and Is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or Is obligated to advance, (continued on next page)
AMENDED 1172756 PAGE 13
TICOR TITLE INSURANCE
CLTA STAI^RRD COVERAGE POLICY-1988
The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that 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;
. (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; (ill) 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.
. 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;
(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 wouid 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 faiiure 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.
Schedule B of the CLTA Standard Coverage Policy form recites that 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 lines, shortage in area,
encroachments, or any other facts which a correct survey 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.
8. Any facts, rights. Interests or claims which are not shown by
the public records but which could be ascertained by making
Inquiry of the lessors in the lease or leases described or referred
to in Schedule A.
7. The effect of any failure to comply with the terms, covenants
and conditions of the lease or leases described or referred to
in Schedule A.
ALTA OWNER'S POLICY (10-21-87)
The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage
of this policy and the Company wili 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; (11) the character, dimensions or location of any
Improvement now or hereafter erected on the land; (lil) 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 has prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowiedge.
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.
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
AMENDED 1172756 PAGE 14
SX 'C X2 9
'-'X.,X,
Thi.5 is not a survey of the land, but is
compiled for information only, nor is it
a part of the report or policy to which
It mav,be attached.
TITLE INSURANCE AND TRUST
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