HomeMy WebLinkAboutPUD 89-16; LOS CUATROS; Planned Development - Major Subdivision (PD)~ .
. / CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For De~t. (For De~t. Use On y) Use On y)
0 Master Plan ............... 0 General Plan Amendment ...... ,
0 Specific Plan ............. 0 Site Development Plan .......
0 Precise Development Plan ... 0 Zone Change .................
~ Tentative Tract Map ........ f!7?9--3 ~ Conditional Use Permit ......
~ Planned Development Permit ~JtPtf1-1i 0 Hillside Development Permit.
0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment ................
0 Condominium Permit ......... 0 Variance ....................
0 Special Use Permit ......... 0 Planned Industrial Permit ...
0 Redevelopment Permit ....... 0 Coastal Development Permit ..
0 Tentative Parcel Map ....... 0 Planning Commission Deter ...
0 Administrative Variance ....
2) LOCATION OF PROJECT: ON THE I North I SIDE OF I Unicornio Street I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I El Fuerte Street I AND I cacatua street I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I Lot 522 of La Costa Meadows Unit No.3
I In the City of carlsbad
" /
4) ASSESSOR PARCEL NO{S)., 215-360-10 <=1 ~
5) LOCAL FACILITIESW 6) EXISTING GENERALI RM-H I 7~ PROPOSED GENERAL I RM-H I MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION
8) EXISTING ZONINGI RD-H 19) PROPOSED ZONINGI RD-M 110) GROSS SITE/ .60 / ACREAGE
11) PROPOSED NUMBER OFI 4 112) PROPOSED NUMBERI 5 113) TYPE OF 1 POD 1 RESIDENTIAL UNITS OF LOTS SUBDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITSI I (RES IDENTIAL
None COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL I N/A I 166 PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE
ARFMOOOB.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE ..... 1_6_59,_0 __ --'119) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING-UNITS 4 I TRAFF I C 1 40 Am' I
20) PROJECT NAME: Nar NAMED AT THIS TIME
21)BRIEF DESCRIPTION OF PROJECT: I 4 HOME PLANNED DEVELOPMENT ON POSTAGE STAMP
LOTS. Ha.1ES 'ID BE DEI'ACHED, 3 BR/2~ BA WITH 2 CAR GARAGES.
22) OWNER Please see attached 23) APPLICANT
"'1-. ......... -1-
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE~e;~ M. campbell
MA I LI NG ADDRESS MAILING ADDRESS 1568 Highland Drive
CITY AND STATE -ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Solana Beach, CA 92075 481-3235
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE.
(
SIGNATU~ DATE
~--SC; ~d-' ~ \O~\O·
..... **************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
.DU
[)()O ~O()
~ .00
TOTAL FEE REQUIRED I 6 16 fl. l' 0 I
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
DATE FEE PAIDIID-;0--5CZ I RECEIPT NO·1 97S1'o I
ARFMOOOB.DH 4/89
FIOELI'IY NATIcwu, TITIE INSURANCE cx::t-1PANY
2763 camino Del Rio South Phane(619) 295-7332
San Dieg-o, california 92108 ' North County 748-4110
P.O. BoX 85589,5.0., CA 92138 727-1852 & 753-6321
NORlH rouNl'Y ~
914 N. Highway 101 #B
Leucadia, california 92024
Attention: suzette Iau
PRELIMINARY REFORI'
Your No. 6734-B
our Number 8907682-A
Date: June 20, 1989
In response to the application for a policy of title insurance
referenced herein, FIDELITY NATIONAL TITIE mSURANCE CGfPANY hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a
Policy or Policies or Title Insurance describirg the lard ard the estate or
interest therein hereinafter set forth, insurirg against loss which may be .
sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or rot exclude from coverage pursuant to the
printed Schedules, Conlitions ani 5tipllations of said Policy fonns.
'!he printed exceptions ard exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy fonns
should be read. '!hey are available from the office that issued this report.
'!his report (ard-any supplem:mts or ~ts hereto) is issued solely
for the p.npose of facilitatirg the issuance for a Policy or Policies of
title insurance ard no liability is assumed hereby. If it is desired that
liability be assumed prior to the issuance of a policy of title insurance, a
Bin::ler or Canunibrent should be requested.
'!be fom of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD llVERAGE FOLICf.-1988
CLTA OWners X JP IDan Policy Binier
AIJI'A WAN FOLICY (10-21-87) wrrn A.L.T.A. ENOORSEMENr FORM 1 llVERAGE
SClIElXJI.E OF EXCIlJSIONS F.Ra1 COVERAGE
AIJI'A loan Policy AIll'A-R
Dated as of June 12,
I AM IN RECEIPT OF, HAVE READ, AND
AUrA Exten:ied OWners
1989 at 7:30 A.M.
HEREBY APPROVE ITEMS 1-4 TO APPEAR ON
THE TITLE POLICY TO BE ISSUED AT THE
CLOSE OF ESCROW.
OOB WHI'IM)YER
Title Officer/ael
Page 1
Robert M. Campbell
Jl~t.;W>-i
,::11 JjYt ~jJe-
FORM T-9l1 -Page 1 -(Amended 12/88)
• • 'PRELIMINARY REroRl'
PAGE NO. 2
ORDER NO. 8907682-A
']he estate or interest in the lani hereinafter described or referred to
covered by this Report is: •
A FEE
Title to said estate or interest at the date hereof is vested in:
I<ER--i<ON3 'lUNG, a single man, as to an urxtivided 56.25% interest; JOSEm
YA-MIN IEE AND NING-TZYY ClIANG IEE, husl::>an:i arrl wife, as joint tenants, as to
an urxtivided 25% interest; arrl RAYM:lND PAD AND ROSALIE PAD, husban::i arrl wife,
as joint tenants, as to an urxtivided 18.75% interest
NOIE: It is our urrlerstarrling that title to said estate or interest in said
policy is to be vested in:
ROBERI' CAMPBELL
'Ihe lam referre:i to in this report is described as follows:
IDt 522 of IA COSTA ME.AIXMS UNIT NO.3, in the city of carlsbad, county of
San Diego, state of california, according to Map thereof No. 7076, filed in
the Office of the County Recorder of San Diego County, October 6, 1971.
At the date hereof exceptions to coverage in addition to the printed
exceptions am exclusions contained in said policy fom would be as
hereinafter shown.
1. General and. Special taxes, a lien not yet payable, for the fiscal year
1989-90.
-2. 'Ibe lien of supple.m:mtal taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (c::onuooncing with section 75) of the Revenue and
Taxation Code of the state of california.
3. Covenants, corrlitions arrl restrictions, but deleting restrictions, if
any, based upon, race, color, religion or national origin, as contained in
instrument recorded October 6, 1971 as File No. 230020 of Official Records.
Said instrument provides that a violation thereof shall not defeat nor
rerrler irwalid the lien of any nortgage or deed of trust made in good faith
an:1 for value.
4. An agreement to which reference is hereby made for full particulars,
regarding Limited Availability of Sewer Service, recorded December 14, 1981
as File No. 81-390653 of Official Records.
, PRELIMINARY REroRl'
PAGE NO. 3
ORDER NO. 8907682-A
•
5. Matters which adversely affect tile status of title to tile real property
herein described unless it can be determined by a statement of Identity tllat
these matters affect persons other than tile VFST.EES named herein, in order to
canplete our report.
1988-89 TAX INFORMATION:
Code Area:
Parcel No.
1st InstallIrent: 2m Installment:
Based on I..arxi:
9063
215-360-10
$991. 85 PAID
$991. 85 PAID
$174,023.00
'!he charge for a policy of title insurance, if, issued tllrough tllis Title
Order, will be based on tile basic insurance rate.
J ,~
EXHIBIT A
AMERICAN LAND TiTlE ASSOCIATION LOAN POLICY -1970
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The follOWing mailers are expre,sly excluded from the coverage of th" policy
1. (a) Governmental police power; (b) Any law, ordinance or governmental
regulatton relating to environmental protection; (c) Any law, orchnance or
governmental regulation (including but not limited to bUilding or zoning
ordinances) restricting or regulating or prohlbittng the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or prohiblllng a
~eparation In 0wnership or a change in the dimension; or area of the land or
any parcel of which the land is or was a part; (d) The effect of any violation
of the mall('[s exduded under (3), (b) or «() above, unless notice 01 a defect,
liell or encumbrance resulling frum J Violation has been recorded .ot D.lle oi
PoliCy in those records in which under state statutes deeds, mortgages,
judgment lien, or II; pendens mu" be recorded in order to impart construc-
tive notice to purchasers of the land for value and without knowledge.
2. Rights oj eminent domain unle", notice of the exercise of such rights appears
in the public records at Date oi Policy.
nefec·ts, Itens, encumbrance;, adverse claims, or dlher matters (a) created,
;urlered, assumed or agreed to by the insured claimant, (b) not known to the
Company .ond nor shown by the public records but known to the insured
cI .. imdnt either at Date of Policy or at the date such claimant acquired an
estate or rnterest rnsured by this policy or acquired the insured mortgage and
not dlsclo;ed In writing by the insured claimant to the Company prior to the
date ,ud1 Insured claImant became an insured hereunder, (c) resulting in no
los; or damage to the insured claimant, (d) attaching or created subsequent
to Date of Policy (except to the extent insurance is afforded herein as to any
~t"tutory lit'n for I"bor or material or the extent insurance IS afforded herein
.oS to d"e»mt'nts lor street Improvements under construction or completed
,\I Date oi Poltcy).
4. Unenforceability of the lien of the insured mortgage because of failure oi the
insured at date of polrcy or of any subsequent owner of the indebtedness to
comply with applica!"le "doing business" laws of the state in which the land
is situated.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-B7)
EXCLUSIONS
In additIon to the Exceptions in Schedule 13, you are not insured "goinst 10'5,
CO;I>, .ottorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or vlolatron of any law
or government regulation. ThiS includes building and Loning ordi-
nances and .1150 laws and regulations concerning:
• land use
• improvements on the I"nd
• land division
• envrronmental protectIon
1 h" exclusion does not apply to violation, or the enforcement of these
matters which appear in the public records at policy date.
ThiS exclusion does not Irmlt the zoning coverage described in items
1 2 Jnd 1 3 of Covered Tille Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the nght appears in the public records
on the Policy Date
• the taking happened prrortothe Polrcy Date and is binding
on you if you bought the land without knowingojthe taking
3. fltle Risks.
• that arc! 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 pubJrc records
• that result in no loss to you
• that first affect your title after the Policy Date -this does not
Irmlt the labor and material lien coverage in item 8 of
Covered Title Ri;ks
4. f allure to pay value for your title.
S. lack of J nght:
• 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 5 of Covered
Tttle Risks.
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, co;ts, attorneys'
fee" and tire expenses resultmg from:
1. Any rights, interests, Or claims of parties in pos>es;ion of the land not
shown by the public records.
2. Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclo;e and
which Me not shown by the public records. This does not limit the
forced removal coverage in Item 12 of Covered Title Rbks
4. Any water rights or claims or title to water in or under the land,
whether or not shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87)
AND
AMERICAN LAND TITLE ASSOCIAT!ON LEAS:::HOLD OWNER'S POLICY (10-21-87)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Tho followrng matters are expressly excluded from the coverage of thiS poltcy
and the Company Will not pay loss or damage, costs, attorney's fees or expen,es
which arise by reason of:
1. (a) Any Idw, ordinance or governmental regulation (mcluding but not limited
to building and zoning laws, ordinance" or regulations) restricting, prohib-
illng 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 governmental regulations, except to the extent that a notice of
the enforcement thereof or a notice of a defect, lien or encumbrance resulting
Irom a VIolation or alleged violation aftecting the land has been recorded in
the public records at Date of Policy.
Ib) Any governmental police power not excluded by (a) above, except to the
extent that J notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation, or alleged violation affecting the
land hilS been recorded in the public records at Date of Policy.
1. Right; of eminent domain unless notice of the exercise thereof has been
recorded rn the public records at Date of Policy, but not excluding from
coverage any taking which has occur red pnorto Date of Policy whICh would
be binding on the rights of a purchaser for value without knowledge.
J Defects, liens, encumbrances, adverse claims, or other matters:
t.o) crNted, 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 Writfng to the
Company by the insured claimant prior to the date the insured claimant
became an insured under this policy;
(c) re;ulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resultrng in los; or damage which would not have been sustained if tht!
insured c1armant had paid value for the estate or interest insured by this policy.
The above policy forms may be issued to afford either Standard Coverage or
EXlended Coverage, In addttion to the above Exclusions from Coverage, the
Exceptions from Coverage in a Standard Coverage policy will also include the
follOWing General Exceptions:
EXCEPTIONS FROM COVERAGE
Th" policy does not insure against loss orddmage (and theCompanywili not pay
costs, attorneys' fees or expense;) which arise by reason of:
1. Taxes or assessments which are not shown a; existing liens by the records of
any taxing authority that levies taxes or as;essments on real property or by the
public records.
Proceedings by a public agency whIch may re,ul! rn taxes or assessments, or
notices ot ,ueh proceedings, whether or not shown by the records of such
agency or by the publtc record;.
2. Any facts, nghts, interests or claims which are not shown by the public records
but which could be ascertained by an inspectron oj the land or by making
Inquiry of persons In possession thereoL
J. Easements, liens or encumbrances, or claims thereof, which are not shown by
the public records.
4. DiscrepanCIes, contlicts In boundary hnes, shortage in area, encroachments,
or any other facts which a correct survey would disclose, and which are not
,hown by the publIC records.
5. (a) Unpatented mrning claims; (b) reservations or exceptions in patents or in
Acts authoriZing the issuance thereof; Ic) water rights, claims or title to water,
whether or not the matters excepted under (a), (b) or (c) are shown by the
pubJrc records.
!
I . \
t
.;
... EXHI8H A
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1988
EXCLUSIONS FROM COVERAGE
The follOWing mJtter~ are expressly excluded irom the coverage 01 this
policy and the Company will not pay los~ or damage, costs, attorney's fees
or expenses which arise by reason 01:
1. (a) Any law, ordinance or governmentdl regulation (including but not
limited to building and zoning law~, ordindnces, or regulations)
restricting, regulating, prohibiting or relatmg 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 m 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 01 the~e 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
affectmg 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 excludmg 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 t y the insured claimant;
(b) not known to the Company, not recorded in the public records at Date
oi Policy, but known to the insured claimant and not disclosed in wnting
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 Ii
the Insured claimant had paid value for the insured mortgage or for the
estate or II1terest insured by this policy.
4. UnenforceabJlity of the lien of the insured mortgage because of the
Inability or failure of the insured at Date of Policy, or the inability or
fai lure 01 any subsequent owner of the indebtedness, to comply with the
applicable doing business laws of the state in which the land is situated. s. Invalidity or unenforceability of the lien of the insured mortgage, or
claim thereui, which arises out oi the transaction evidenced by the
II1sured mortgage and is based upon usury or any consumer cledit
protection or truth in lending law.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure again~t loss or damage (dnd the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the rec-
ords 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 assess-
ments, or notice~ 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
record~ but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereol.
PART 1
3. Easements, liens or encumbrances, or claims thereot". which are not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage 111 area, encroach-
ments, 9r any other facts which a correct survey would disclose, and
which are not shown by the public records. s. (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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (H)-21-87)
WITH A.L.TA ENDORSEMENT -FORM 1 COVERAGE
AND
AMERICAN LAND llTLE ASSOCIATION LfASEHOLD LOAN POLicy (10-21-87)
WITH A.L.lA ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expres~ly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorney's fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (illcluding but not
limited to building and zonll1g laws, ordinances, or regulations)
re~trictlng, prohibiting or relating to (i) the occupancy, use, or enjoyment
01 the land; (il) 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 dlmenslon~ or area oi the land or any parcel of which the
land is or was a part; or (iV) environmenta I protection, or the effect of any
violation of these laws, ordinances or governmentallegulations, except
to the extent that a notice of the enforcement theleof or a notice of a
defect. lien or encumbrance resulting from a violatior. 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 exerci~e thereof or a notice of a defect,
lien or encumbrance resulting from a violation, or alieged violation
affecting the 1,lI1d has been re<.orded in the public records at Date of
Policy.
2. Rights of eminent domalll unle~~ notice of the exercl~e thereof hds 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 nghts of a purchaser for value without
knowledge.
3. Defecb, liens, encumbrances, adver~c clJlm~, or other matters:
(a) created, suffered, a~sumed or agreed to by the IIlsured 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 wnting
to the Company by the insured claimant pnor to the date the in~ured
claimant became an insurer! 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 III loss or damage whicl'! would not have been sustailled Ii
the insured claimant had paid value for the estate or interest insured by
this policy.
4. Unenforceability of the lien of the insured mortgage because oi 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. s. 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 01
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.
The above pOliCy forms may be issued to afford either Standard Coverage
or Extended Coverage. In addition to the above Exclusions from Coverage,
the ExceptIOns from Coverage in a Standard Coverage policy will also
!Ilclude the following General Exceptions;
EXCEPTIONS FROM COVERAGE
ThiS policy does not Insure aHaln~t lo~~ or damage (and the Company will
not Pdy co~t~, attorney,' fee~ or expen~t'~) which arise by reason of:
1. T .Ixes or a~se~smenb which ,Ire not ~hown J~ existinH lien~ by the
record~ of any taxinH authority thdt levle~ taxes or dssessment~ on real
property or by the public record~.
Pro<.eeding~ by a public agency which may result in taxes or assess-
ments, or notices 01 ~uch proceeding~, whether or not shown by the
records of such agency or by the publiC records.
2. Any folcts, rights, interests or claims which ale nut ~hown by the publi(
records but which could be ascertdlned by an IIlspection of the land or
by making IIlqUlry of persons in possession thereof.
1. Easements, liens or encumbrances, or claims thereof. which are not
~hown by the public records.
4. Discrepancies, conflicts in boundary lines, shortaHe in area, encroach-
ments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mll1ing claims; (b) reservations or exceptions in patents
or In Acts authorizing the issuance thereof; (C) water nghts, claims or title
to water, whether or not the mailers excepted under (a), (b) or (el are
~hown by the public records.
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POOR
QUALITY
ORIGINAL (S)
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~h~liiD;?-~ ,_ .. ,_. ________ '_2_0_2_4 _________ IAII_Of_\ .. 1L;.'~w~oIIl:~~~C;",Y':'_U_~NO_ m
.. ::!f.:l: . AGRUMBNT BETWEEN LEUCADIA COUNTY WATEa DISTRICT
AND PROPERTY ONN!P REGARDING
LIMITBD AVAILABILITY or SINBR SBRVICI
Thia a9ree.ent ia .ade .nd entered into by and between
LEUCADIA COUNTY WATER DISTRICT, a county water diltrlct,
h.r.l~ftor reterred to -Dllt let-, and ________________ ___
RECITALS.
A. The property de.cribed in Exhibit A hereto, hereinafter rererred to a. -.aid proper~y,· il within the boundariel of LEU-CAPIA COUNTY WATBR DISTRICT •
B. OWner own. or ha. an intere.t in laid property and intende to co .. ence preparation and proco •• in9 of • auhdlvi810n or parcel
•• p with the County of 5An Dlogo or City of Carllbad for 8aid
property.
C. The District hal A limited amount of'Available le~er ca-pAcity. Thi_ capacity could bo utilized to aervo lald property if
In Ipplication for I.evice were filed at thi_ tl~e and if all ap-
plicable tee. of the DistrIct wero p~id. No such application has been tiled nOE hAVO _uch feea been paid. OWner ia uncertain when
it will dellre to obtain oervice, And District is unable at this
time to doter~lne lf it will have sower capacity available to pro-
vide such lervice when dellred by OWner.
D. Tho partiel dealre by thi8 49roement to provide for the
cooporAtion of eAch in proculuinq the proposed subdivision or par-
cel map tor laid property, provided thAt Owner, and the successors or alli9nl of Owner, are on notice that no aewer nervice hAS been
~Oft.itted by the Diltrict And that tho Diltrlct ia unable to deter-
alne whether it will be 5ble to lupply luch service wh~n delired by Owner.
THEREFORE, IT IS AGREED AS FOLLOWS.
1. Owner a~knowlodgoo that tho Dlltrict hal • limi~~d amounC
o~ lewer capacity, and that Diltrict hal not made any commitment to
uupply leWlr lervici to laid property.
2. Upon request of Owner, Diltrict will cooperate in proces-
11ng mapi of Ownor by Idviling thl .ppropriate agenCies and repre-
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•• ntatlvea of tbe co~ntr of San Di.go or the City of Carl.bad that a.1d property 1a w thin the Di.trlot and that .aid property 1,
ect to D1atriet'. rule. and regulation., but that in order to
•• wer c.paoity, tho OWner au.t fi10 an s~plic.tion .nd PAY
:<\',~,,"!'f~"."'''', appltoable fe .. under the rule. and regulationl of the Diatr let: effect at the ti •• of the application, and that tbe Di.trict ~ay or .ay not have .ewer capacity avail.ble at the ti.e of the appli-
~.'~6~~' to .erve the property.
1. Dl.trlct ~111 not .pprovo or give ita con.ent to the t11-'1n9 of any final .ubdivi.ion .ap or parcel .ap un~ ••• it ha •• ew.r capacity available to .erve •• 1d property and OWner ha. flIed an applicatiun for .ewer .trvic., paid all applicable Ce •• , and comp-lied witb all applicable rule. and ,egulation. of Di.trict then in
eftect. It 1. unctrtain .t the pr •• ent ti.e whether District will bave such capacity, and nothing lot forth horei~ .ha!l have tho
tfftct of ob119.tinV Di.trict to .~pply •• w.r .ervice to said pro-
perty.
4. Thi •• 9r •• ~.nt .hall be binding upon the paetiea, their
lucce •• or., h.ir •• nd a •• lgn.. Thia agre •• t.:t shall be recorded
. and .hall con.titute additional not1co of it. toe •• including the fact that no .ew.r •• rvic.·comAit~.nt h •• boen .ad. for .aid pro-perty and the fact that no final .ubdivi.lon or parcel .ap can be
approv.d and fl1.d at the pce •• nt t1 •••
IN WITNESS WH~~&Or the parti •• have .xecuted thi. agreement
thl • .iL.day ot-mil"l...,... , 19JI·
L~~Y WATER DISTRICT D~Q £oCL',rJ?
OWN~RSI
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(AttAch lO~Al doactLptlon And AcknowlQd9ment)
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~§§AL DESCRIPTION
Lot Mo. 522 of L& Colta MHdowi Unit Mo. 3 .ccord1n9 to
Map Mo. 7076 filed in the offtci of ttli Coun~ Recordlr
:', ~t San ot. Coun~ on October 6. lin.
STATE OF CALI FORNI" .)
COUNT'( 0' SAlt DIEGO ) n.
On thl. u."4 day of D~fcl«1."'C ' 19 $-1 ,bofore ml~o;;: it GCIf,'kae'+ a Notory Publlc,lnafld
for •• 14 County and Statl. pirionally applOrod ~.J::f. " 1-\ .... \0.11
_----------known to ma to bo thoS_ .. d~and _ .. ---known to mo to Do tho of --
: _-----• known to ml to be tho p.rlonl
'tIho 01<10""00 thl wlthln Inl'fllmlnt on boholf of lold poUlloal lubc1lvlllon ~
and .cknowledll' to ml ttl" IUGh pollUcal IlIbcUvlalon I)(OClitocl thl IAmo.
WITNESS m hand lind official 'Ial • .... ~ IDMILUlUlAW1 --,./'JfI;let"
' ..... 1""tt\U'." _CfoI' , ••• ' ,foll,'-... -_ ..... ..".,;.
OUfV P\lbllo In .nd tor aald Countv
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CITY OF CARLSBAD
1200 ELM AVENUE· CARLSBAD, CALIFORNIA 92008
438·5621
o4n~/#4oruJc osf 9
rase 1 n~.c<o
ACCOUNT NO. DESCRIPTION AMOUNT
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Act880 34.00
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NAME
ADDRESS
TELEPHONE
A) Ker-Kong Tung
•
OWNERS
3093 Race Track View
Del Mar, CA 92014
(619) 481-3182
•
B) Joseph Ya-Min and Ning-Tzyy Chang lee
g.:f.v-288~69 Garnet Hill Court
Agoura, CA 91301
(818)991-8149
C) Raymond and Rosalie Pao
26131 Eleno Road
Los Altos Hills, CA 94022
(415)948-3736
I certify that I am the legal owner and that all the above information is
true and correct to the best of rrrr knCMledge.
Signatures Date
/ ry{i//l 1
./ A-v#JI,(i04
Date
Ker-Kong Tung.
/~II,--~:"..~ v' . \., -(fn
/ &q ))! fer? 1
) Date /
/ U{f,. 7JU1 Date
/ ~W~ ~ %C1 0
Rosalie Pao