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HomeMy WebLinkAboutMS 93-04; PADDOCK PROPERTY; Engineering Application (2), , . . ( ORDER NO. 1061948-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.o. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 'FEBRUARY 1, 1993 ROBERT PADDOCK, TRUSTEE 6723 EL CAMINO REAL CARLSBAD, CALIFORNIA 92009 YOUR REF: PARCEL MAP OUR ORDER NO. 1061948-6 MAY 18 '1993 CITY OF CARLSBAD ENG~NEERING COUNTER IN RESPONSE TO THE HEREIN REFERENCED APPLIcATION FoR A Fogcy OF TITLE INSURANCE, THIS COMPANY iIEREBY 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 HAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIO~S AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPP~S 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 ISDESIlpID THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMKIT.MENT SHOULD BE REQUESTED. DATED AS OF JANUARY 22, 1993 AT 7:30 A.M. DI~FICER DIRECT DIAL PHONE 231-4654 PAGE 1 \' \ , \ \ \1 ! ;1 I r I ORDER NO. 1061948-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROBERT PADDOCK AND DOROTHY JEAN PADDOCK, AS TRUSTEES, UNDER THE ROBERT PADDOCK AND DOROTHY JEAN PADDOCK TRUST AGREEMENT DATED SEPTEMBER 15, 1992 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AND EASEMENT THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) 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. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, A LIEN NOT YET DELINQUENT. 2 . SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 819-040-56-51. ORIGINAL 1ST INSTALLMENT $823.10 PAID ORIGINAL 2ND INSTALLMENT $823.10 OPEN (DELINQUENT ON 04/10/93) DELINQUENCY CHARGES: $82.31 1ST PENALTY $92.31 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 . . " .:.. "\ \ \1 I J, " , .... ~ I I "' ORDER NO. J.06J.948-6 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURN.ISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HER~IN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 9, 1953 IN BOOK 5071, PAGE 317 OF OFFICIAL RECORDS. 6. THE ROUTE OF SAID EASEMENT IS SET OUT J;N SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL C. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES AND PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC CORPORATION; RECORDED DECEMBER 17, 1953 IN BOOK 5081, OFFICIAL RECORDS. INCIDENTAL COMP~Y, A PAGE 365 OF THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND B. 7 . AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED DECEMBER 12, 1961 AS FILE NO. 214437 OF OFFICIAL RECORDS. THE RIGHT OF WAY iN SAID LANDS IS PARTICULARLY DESCRIBED -AS FOLLOWS: WITHIN THE NORTHERLY 12.0 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26. ALSO: WITHIN THAT CERTAIN 12.0 FOOT STRIP OF LAND BEING 6.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 26, DISTANT THEREON NORTH 89°48'57" EAST, 1957.0 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, SOUTH 0°11'03" EAST 492.41 FEET; THENCE SOUTH 21°06'29" EAST, 329.49 FEET. PAGE 3 \ \: 1 J.: / ( ORDER NO. 1061948-6 SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE G~TEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN EASEMENT AND RIGHT OF WAY FOR RON), UT;rLlTY AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED FEBRUARY 2, 1965 AS FILE NO. 18816 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4. WEST, sAN BERNARDINO MERIDIAN. 9 • THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAP FOR FURTHER PARTICULARS. 10. AN EASEMENT AND RIGHT OF WAY FOR ROAD, UTILITY AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED FEBRUARY 28, 1974 AS FILE NO. 74-050348 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN PARCEL 2, IN THE COUNTY OF SAN DIEGO', STATE OF CALIFORNIA, AS SHOWN AT PAGE 2244 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974, THE NORTHERLY LINE OF Sl\.ID 20.00 FOOT STRIP BEING THE SOUTHERLY LINE OF PARCEL 1 A, THEREIN DESCRIBED. SAID EASEMENT TO TERMINATE EASTERLY AND WESTERLY ON THE SOUTHERLY PROLONGATION OF THE WESTERLY AND MOST EASTERLY LINES OF SAID PARCEL 1 AND OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 20.00 FEET OF THAT PORTION OF PARCEL 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 2244. OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974, LYING WESTERLY OF THE WESTERLY LINE OF PARCEL 1. 11. THE FACT THAT SAID LAND LIES WITHIN THE "'CARLSBAD ISLANDS ANNEXATION" TO THE CITY OF CARLSBAD PROJECT AREA, AS OJ;SCLOSED BY INSTRUMENT RECORDED APRIL 30, 1987 AS FILE NO. 87-236215 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 4 ORDER NO. 1061948-6 12. EASEMENTS AND RIGHTS OF WAY FOR ROAD, PUBLIC OR PRIVATE UTILITIES AND APPURTENANCES THERETO, AS RESERVED OR CONVEYED IN VARIOUS DEEDS OF RECORD. AFFECTS: EASEMENT PARCELS B AND C. 13. THE REQUIREMENT ,THAT THIS COMPANY BE FURNISHED Ii. COpy OF THE LAWRENCE L. LUX TRUST AGREEMENT DATED MARCH 9, 1989. 14. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE ROBERT PADDOCK AND DOROTHY JEAN PADDOCK TRUST AGREEMENT DATED SEPTEMBER 15, 1992. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09165 215-050-59 $3,030.80 PAID $3,030.80 OPEN $500,000.00 $50,000.00 $-0- PAGE 5 . . \ \ ! J: , , , I ./ ORDER NO. 1061948-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL. A: PARCEL 2 OF PARCEL MAP NO. 2244, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFfICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974 AS FILE NO. 74-007317 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTALS THERETO OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 20.00 FEET OF PARCEL 1 OF PARCEL MAP NO. 2244, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .JANUARY 10, 1974 AS FILE NO. 74-007317 OF OFFICIAL RECORDS. PARCEL C: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SkID EASEMENT' TO BE 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON SOUTH 0°37'04" EAST 183.00 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING. IN THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 9 ° 58 '06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3 0 28'06", A DISTANCE OF 12.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°30'00" EAST, A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55'00" .A PAGE 6 •• " .... ___ • ...,. ,;._-_._ •• -., ~..:-rt:t~-.... ~· .?>. ... __ ~ ___ '., __ -. ORDER NO. 1061948-6 DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 2-9°25'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 60.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-1, KNOWN AS EL CAMINO REAL. THE SIDE LINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHwEST QUART.ER OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WESTERLY LINE OF EL CAMINO REAL. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND AS RESERVED IN DEED RECORDED DECEMBER 31, 1956 AS FILE NO. 183928 OF OFFICIAL RECORDS. P.R. 2/26/92 PAGE 7 • i • 3 a. ~ < ~ I: t g -1 w Q U ~ w a:: ~ < a. ~ w ~ > ; ...... l-< ~ I-~ z u W ~ I-~ g i ~ l ;; ~ • ~ ~ ~ S i ~ I . I , .. • • • --! , .J ~i ;;: , <w i ~ ~t tt 0 .... s li gl!! I m """ . • • BUCCOLA 619/721-2000 •. EN6INEERIN6. in:. 3142 Vista Way. Suite 301 0 Oceanside. CA 92054 ~CA.LE: \":::.4-00/ LN. LOCATION W1AP ALGA RD. 7# • • crrv OF CARLSBAD ENGlNEEFUNG COUN1-ER ~~) ., ~'4~) -$-. "' .. J:~ .... ;'" , .... _,A:; .. 'il ~(. ~ ..; . ~L CAMINO REAL . 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