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HomeMy WebLinkAboutADJ 02-19; Humphreys Family Trust; 2003-0561079; Certificate of Compliance/Non Compliance\VWORDENWILLIAMS ARC Representing Public Agencies, Private Entities, and Individuals April 14, 2009 Lorraine M. Wood, City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 RECSEDWIE APR 1 5 2009 £TY OF CARLSBAD•Y CLERK'S OFFICE n\ zJ Re: Amended Order Excluding Real Property From Subdivision and DirectinqVacation of DirectingVacation of Certificate of Compliance Dear Ms. Wood: Enclosed you will find an Order re roperty from a subdivision Very truly yours, WORDEN WILLIAMS, APC D. Wayne Brechtel dwb@wordenwilliams.com DWB:lg Enclosure cc:Deputy City Attorney Ron Kemp AREAS OF PRACTICE PUBLIC AGENCY LAND USE AND ENVIRONMENTAL REAL ESTATE PERSONAL INJURY ESTATE PLANNING AND ADMINISTRATION CIVIL LITIGATION BUSINESS ATTORNEYS TRACY R. RICHMOND D.WAYNE BRECHTEL KEN A. CARIFFE TERRY M. GIBBS KRISTEN M'BRIDE D. DWIGHT WORDEN Oi Counsel W. SCOTT WILLIAMS Retired OFFICE 462 STEVENS AVENUE SUITE 102 SOLANA BEACH CALIFORNIA 92075 1858) 755-6604 TELEPHONE (858) 755-5198 FACSIMILE www.wordenwilliams.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3 2009 JtTbrres SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY REGIONAL CENTER KENNETH MARVIN HUMPHREYS; ) Case No. 37-2008-00059603-CU-PT-NC CARL BERTRAM HUMPHREYS; and ) KEITH LOYNAL HUMPHREYS, ) AMENDED ORDER EXCLUDING Successor Trustees of the Humphreys ) REAL PROPERTY FROM Family Trust dated May 23,1985, ) SUBDIVISION AND DIRECTING ) VACATION OF CERTIFICATE OF Petitioners. ) COMPLIANCE Hon. David G. Brown DATE: January 23,2009 TIME: 1:30 p.m. DEPT: NC-3 The Court having reviewed the Petition for Exclusion of Property From Subdivision filed in this action and additional evidence submitted in support, the Court finds that the Petition complies with the Subdivision Map Act as set forth in Government Code §§ 66499.21-66499.29. Specifically, the Petition accurately describes the real property sought to be excluded; Petitioners are the sole owners of the subject property and all have signed and verified the subject Petition; the Petition was filed in the offices of the County Surveyor and Clerk of the Board of Supervisors for the County of San Diego; Proof of Publication in the North County Times for five consecutive weeks as directed by this Court's October 28, 2008 Order has been submitted; Petitioners provided a new map prepared by a licensed land surveyor which shows the boundaries of the subdivision as it appears after the exclusion and alteration; no objections to the Petition have been submitted; and good cause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 appearing therefore, IT IS HEREBY ORDERED that: 1. Parcel 1 of Parcel Map No. 2616 in the City of Carlsbad, County of San Diego is hereby excluded from the Palisades Subdivision, Map No. 1747, in the City of Carlsbad, County of San Diego; 2. Petitioners shall file a certified copy of this Order with the County Recorder of the County of San Diego and the City Clerk for the City of Carlsbad. 3. The County Recorder of the County of San Diego is hereby directed to vacate the Certificate of Compliance recorded on May 13, 2003 as Document No. 2003-0561079 (attached hereto as Exhibit 1) and on the face of said Certificate of Compliance to state that said Certificate of Compliance has been vacated by Court Order dated March 3, 2009. 4. The County Recorder of the County of San Diego is hereby directed to record the new map attached hereto as Exhibit 2 depicting Parcel 1 of Parcel Map No. 2616 in the City of Carlsbad, County of San Diego, and Lot 21 of the Palisades Subdivision, Map No. 1747 in the City of Carlsbad, County of San Diego. The County Recorder of the County of San Diego is hereby directed to record said map in accordance with the provisions of Government Code § 66466. 5. This Order supercedes and replaces the Order of this Court dated March 3, 2009. DATED: MAR 1 3 2009 DmtiaBmn DAVID G. BROWN Judge of the Superior Court .^^^^ O^RK-SCHOTFICATB I'o^^B^SroSjW*1/ t Cleikof thoSapsrioi Cotst *3§Hg^ &** D8fBI*tfz5~ 7 . j j n j C i ,4- DID -*, A. c t,^- • • A TV «-: \T ^ fn w^r + r r^ rAmended" order excluding K.c£il r ropcrty~irom oUDdivision^mu l^/iicctiiig V£t&mOii"Oi ocrtiric&t&ol Uoniplisncc RECORDING REQUESTED BY RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ; .DOC « 2003-0561079 MAY 13S 2003 4:59 PM •OFFICE RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER •31052 FEES: 19>0° 20034561079 SPACE ABOVE THIS LINE FOR RECORDER'S USE 204-233-08-00 204-233-17-00 ADJ02-19 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Humphreys Family Trust Boundary Adjustment CE03-14 CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (Section 66499.35 of the Government Code) The City Engineer has determined that the real property described below, has been divided or has resulted from a division or combining of lots in compliance with the Subdivision Map Actand with the provisions of the Carlsbad Municipal Code pursuant thereto. OWNER(S): Humphreys Family Trust dated May 23,1985 DESCRIPTION: (See Exhibit "A" attached. Exhibit "B" is attached for clarity only.) NOTE:The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect if the above owners or anysubsequent transferee or assignee acquires any contiguous property other than a lot or lots shown on a recorded subdivision map, parcel map or record of survey map filed pursuant to and prior to repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business and Professions Code; This Certificate of Compliance shall in no way affect the requirements of any other County,State or Federal agency that regulates development of real property. DATE:BY:City Engine RCE 23889 EXP. 12/31/05 Hi/DEVELOPUENT seRVICES/MASTERS/CERTIFICATES/Certiflcala or Compliance • Adj. Plal 1/31/02 Order: Non-Order Search Doc: SD:2003 00561079 EXHIBIT 1 31053 State of California County of San Diego On April 22, 2003 before me, Belinda R. Guzman, Notary Public, personally appeared Robert J. Wojcik, personally known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same In his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BELINDA R. GUZMAN CQmcntaton»t2S754|> Notary PUbUc-confbmtaSon Dtego County (This area for official notary seal) Title or Type of Document Certificate of Compliance for Adjustment Plat CE - 03-14 Date of Document 4-18-03 No. of Pages Signer(s) other than named above None Order: Non-Order SearcF Doc: 50:200T0056f0 —Created ByHfarkas-Pflntedrf/-13/2009-9il5:34AM.PS11^ DRIVEWAY MAPLE AVE. ±<f> 40'- x^~ENT1RANCE 31054 5'u| BUILDING LOCATION DETAIL bft EXISTING! ,BUILDING! 1.12' •0<£-f*o\*Q *\ - ^* <P \5' <x to 17' 2ND STORY LINE 40' PROPERTY LINE (TYP.) 8f Scale 1" = 40' PREPARED BY: VISTA ENGINEERING. INC. KIM L' POST R.C.E. 23166' EXP. 12-31-05 EXISTING BUILDING CD 20-r' DFWEWAY ENTRANCE' ENTRANCE ENTRANCE ACACIA AVE. EXHIBIT "B" ADJUSTMENT PLAT - CITY OF CARLSBAD SHEET 2 OF 2 ADJ. 02-19 OWNER/APPLICANT: HUMPHREYS FAMIL Y TRUST 140 ACACIA AVE. CARLSBAD, CA 92008 Phone: (760) 729-3150 PREPARED BY: VISTA ENGINEERING, INC. 930 WSTA VILLAGE DR. VISTA, CA, 92084-6064 (760) 941-2271 \\PON\p\JOBS\Z002\139-02VlMS\B-A PIA!.0*C APPROVED BY:A.P.N. 204-233-08 >YD HUB0S QTY ENGINEER 23889 204-233-17 BATE/JN 139-02, 02-26-03 \ Order: Non-Order Search Doc: SD: 2003~OU55IU79~i SEE SHEET 2 6' WIDE SDG&E ESMT. REC. ,->. 7-10-23. 800K 961, PAGE 3 DEEDS f) \J 4' WIDE SDG&E ESMT. REC. Cis 2-11-74. FILE HO. 74-034771 3 149' LOT 21, MAP 1747 APN 204-233-17 TOTAL AREA 0.413 AC. 049") ts/^ll 31055 PAR, 1 PM 18280 FOR BUILDING LOCATIONS 150' Pa 1, PM 2616 (LOTS 8 & 9. MAP 1747) 8' WIDE SDG&E ESMT. REC. 7-10-23, BOOK. 961. PAGE 3 DEEDS 4' WIDE SDG&E ESMT. REC. 2-11-74. FILE NO. 74-034771 •£ APN 204-233-08 OLD PROPERTY LINETO BE ELIMINATED 050') 299" PROPERTY LINE (TYP.) 1 NOTE: THE PURPOSE OF THIS BOUNDARY ADJUSTMENT IS TO JOIN THE TWO PARCELS SHOWN. WHICH ARE UNDER COMMON OWNERSHIP. AS NO NEW PROPERTY LINES ARE BEING CREATED. REFER TO PM 2616 AND MAP 1747 FOR PRECISE BEARINGS & DISTANCES ON BOUNDARIES. PREPARED BY: VISTA ENGINEERING. INC. Htoi^Y/*' KIM L. POST R.C.E. 23166 EXP. 12-31-05 ^ &£l2-il~05 fa 4-1 9 - /T?DATE: >ST DATED MAY 23, 1985 IDELLA R. HUMPHREYS - TRUSTEE ADJUSTMENT PLAT - CITY OF CARLSBAD EXHIBIT "B" SHEET 1 OF 2 ADJ. 02-19 OWNER/APPLICANT: HUMPHREYS FAMILY TRUST 140 ACACIA AVE. CARLSBAD, CA 92008 Phone: (760) 729-3150 PREPARED BY: VISTA ENGINEERING, INC.930 VISTA VILLAGE DR. VISTA, CA. 92084-6064 941-2271(760) \\pCM\p\JOflS\8002\U9-02VUTS\j-A PUT.O*i! APPROVED BY: LLOYD HUBSS^QTY ENGINEER A.P.N. 204-233-08 REO. NO.EXP. u/n/x 204-233-17 JN 139- 02, 02-27-03 Order: Non-Order Sefra 31056 JOB. NO. 139-02 APRIL 28, 2003 EXHIBIT'A' LEGAL DESCRIPTION FOR BOUNDARY ADJUSTMENT ADJ. 02-19 ALL OF PARCEL 1 OF PARCEL MAP NO. 2616, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON MAY 2, 1974, ALSO REFERRED TO AS LOTS 8 AND 9 IN BLOCK 'D' OF PALISADES, MAP NO. 1747, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 5, 1923, TOGETHER WITH ALL OF LOT 21 IN BLOCK'D'OF SAID PALISADES, MAP NO. 1747, ALL WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. CONTAINING AN AREA OF 0.41 AC, PLUS OR MINUS. n-o"^ PARCELS AFTER VACATION OF MERGER - ALL OF PARCEL 1 OF PARCEL MAP NO. 2616 AND LOT 21 IN BLOCK "D" OF PALISADES MAP NO 1747, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 50' •8 3 1 ^Y\ 6' WIDE SDG&E ESMT. REC. -*- 7-10-23, BOOK 961. PAGE 3 DEEDS / WIDE SDG&E ESMT. REC. 2-11-74, FILE NO. 74-034771 14TLOT 21, MAP 1747 AREA 0.137± AC. (149') -»-^-^ b PAR -JPJVJ -J82S9 6' WIDE SDG&E ESMT. REC. 7-10-23, BOOK 961, PAGE 3 DEEDS 4' WIDE SDG&E ESMT. REC. 2-11-74, FILE NO. 74-034771J150' PCL 1, PM 2616 (LOTS 8 & 9, MAP 1747) AREA 0.275± AC. (150') 299' PROPERTY LINE (TYP.) 1 60' 8 oCO NO SCALE [REFER TO PM 2616 AND MAP 1747 FOR PRECISE BEARINGS & DISTANCES AND FIDELITY NATIONAL TITLE COMPANY PRELIMINARY REPORT ORDER # 08-4052802-A.] PREPARED BY: LADWIG DESIGN GROUP, INC. ROBERT C. LADWIG LS 3189 EXP. 6/30/1 0 DATE OWNER:HUMPHREYS FAMILY TRUST DATED MAY 23, 1985 DSTE DATE 7 OWNER/APPLICANT: HUMPREYS FAMILY TRUSTP.O. BOX 642 CARLSBAD, CA 92018 <7-/&-<?%' DATE PREPARED BY: LADWIG DESIGN GROUP, INC.2234 FARADAY AVENUE CARLSBAD, CA 92008 760-438-3182 A.P.N. 204-233-23 L-1100 09/05/08 VICINITY MAP NO SCALE EXHIBIT DOC # 2003-0561079 .MRY 13; 2003 4:59 PPI RECORDING RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 204-233-08-00 204-233-1 7-00 ADJ 02-19 PROJECT NO. & NAME: Trust Boundary Adjustment Humph reys Family CE 03 CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (Section 66499.35 of the Government Code) The City Engineer has determined that the real property described below, has been divided or has resulted from a division or combining of lots in compliance with the Subdivision Map Act and with the provisions of the Carlsbad Municipal Code pursuant thereto. O\N N E R (S) : DESCRIPTION: NOTE: Hilmphreys Family Trust dated May 23, 1985 (See Exhibit "A" attached. Exhibit "B is attached for clarity only.) The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect if the above owners or any subsequent transferee or assignee acquires any contiguous property other than a lot or lots shown on a recorded subdivision map, parcel map or record of survey map filed pursuant to and prior to repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business and Professions Code; This Certificate of Compliance shall in no way affect the requirements of any other County, State or Federal agency that regulates development of real property. <* DATE: %$&?A3 BY: -7 . f-fl City Engine& RCE 23889 EXP. 12/31/05 fl:F 334% 6,.lrP; Lf3+& H:/DEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Certificate of Cwnpliance - Adj. Plat 1 /31/02 . State of California ) ) County of San Diego ) On April 22, 2003 before me, Belinda R. Guzman, Notary Public, personally appeared Robert J. Wojcik, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary U (This area for official notary seal) Title or Type of Document Certificate of Compliance for Adjustment Plat CE - 03-14 Date of Document 4-1 8-03 No. of Pages 1 Signer(s) other than named above None MAPLE AVE. .31054 BUILDING LOCATION DETAIL 5' ___c 3' 5' __L __c PROPERTY LINE (TYP.) > 8' - 40 0 40 80 120 Scale I" = 40' -I -I _I if -- DRIVEWAY - EN TRANCE 12' - 17' 5' - - / 2ND STORY LINE 411' EX1 STI N G BUILDING __c -4 ACACIA AVE. EXHlBl ENaNmlNNG, INC CA. 92084-6064 VISTA VILLAGE DR. RIVEWAY U TR AN CE "B" %I 31055 PrW -16288 \@ 4 PAR, -J w > W J Q .g SEE SHEET 2 FOR BUILDING LOCATIONS I 150' II II PCL 1, PM 2616 a 6' HOE SDG&E ESMT. REC. 7-10-23, BOOK 961, PAGE 3 DEED: (LOTS 8 & 9, MAp 1747) qQ / 2-11-74. FILE NO. 74-034771 6' WIDE SDGaE ESMT. REC. 4' MOE SDGM ESMT. REC. 4' HAM SCM ESMT. REC. 7-10-23, BOOK 961, PAGE 3 MEDS 2-11-74. FILE NO. 74-034771 149* =E APN 204-233-08 LOT 21, MAP 1747 AW 204-233-17 D PROPERTY LINE 9~ TOTAL AREA 0.413 AC. TO BE EUMtNATED r (1 49') II II (1 50') 299' PROPERTY LINE (TYP.) 'I 0 25500 NOTE: WE PURPOSE OF THIS BOUNDARY ADJUSTMENT IS TO JOIN THE TWO PARCELS SHOWN, WHICH ARE UNDER COMMON OWNERSHiP. AS NO NEW PROPERTY LINES ARE BEING CREATED, REFER TO PM 2616 AND MAP 1747 FOR PRECISE BEARINGS & DISTANCES ON BOUNDARIES. VICINITY MAP NO SCALE ;fn y-2943 EXHIBIT "B" DATE SHEET 1 OF 2 u%uL PLML IDELLA R. HUMPHREYS - TRUSTEE 1 _v_-_.-.--.---^__.-*__ ADJUSTMENT PLAT - CITY OF CARLSBAD ADJ. 02-19 OWNER/APPLIC AN T: PREPARED BY: I APPROVED BY: A.P.N. 31056 JOB. NO. 139-02 APRIL 28, 2003 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR BOUNDARY ADJUSTMENT ADJ. 02-19 ALL OF PARCEL 1 OF PARCEL MAP NO. 2616, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON MAY 2, 1974, ALSO REFERRED TO AS LOTS 8 AND 9 IN BLOCK ‘D’ OF PALISADES, MAP NO. 1747, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 5,1923, TOGETHER WITH ALL OF LOT 21 IN BLOCK ‘D’ OF SAID PALISADES, MAP NO. 1747, ALL WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. CONTAINING AN AREA OF 0.41 AC, PLUS OR MINUS.