HomeMy WebLinkAboutCDP 99-04; Day, Ronald D. and Mariellen E.; 2000-0383863; Easementc .
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RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
6472 DOC ii 2000-03838153
Jul 209 2000 2=24 PM
rnICICY RECORDS W DIEGO COUNI’Y REWRDER’S N-ICE Gam gmH9 ayTYYREalRDEl?
oci ‘t#l l~~~l~lllllllllll 2000-0363663
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,_’ ~~~@~;MXWE THIS LINE FOR RECORDER’S USE 7 .>,.. ._ .:, ,i,,,,, j 5, ,_ $ ,., i..,: The undersigned grantor(s) de-$$#f: ,T,‘<:,”
: + ‘_ I _+ (
es_ ?$&&&#ls Parcel No.: *o.Jo*, -04
Documentary transfer tax is @wfl; :Y_ Project No. &‘,Mome: CDP 99-04
( ) computed on full value of property @+@id,‘or PR 00-21, DAY RESIDENCE
( ) computed on full
encumbrances t-o
hereby GRANT@&! ’ ; i j ’ ~‘~~.z$~;:~:, ,.‘,+_I y ,$_ _’ I ” li I !,!,I ,*, 3, $3, i .;_ i,,: iv: City of Cartsbad,,a,~~ljnicip~l G$p&&ion
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the followhg de$Mbed real pr&& in the’Citl’or-carl~~~~‘Cdunty of Sk Die&,%&ate of
California: 1 : > __ ‘_ i I ,,
an easeme&‘fw p&k!‘&p~,et a@ public utility,gurposes, over, un&%, &p&r”%& across
the real propew &“desci%kd,in Exhibit “A” consisting of one page, attached hereto and
made a part her&f. &Wb&d@;‘tronsisting of one page is aW$$ed for cl~~rity only.
DATED/#&=& ~~.,~~~~,~~~~~~~,__~,~~~!~ : ) II. ““’ ,Rkinal,! “1 ,,I$& and Mariellen E.
: D@f,~lf$%&%ees of the Day Family > _.. ,,_ j :, T&.i$fd&ed May 12, 1987 _, ,, ‘,j(_ (Name of Company)
COUNTY OF
is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed th
Name: Mariellen E. Day
(Type or Print)
Trustee
(Type or Print)
MASTERSIFORMWGRA Rev. 1 l/03/97
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5 6475
9%0320iESMT
February 24,200O
EXHIBIT “A”
pR 00-21.
5’ RIGHT OF WAY AND PUBLIC UTILITY EASEMENT
APN 203-02 l-04
A PORTION OF LOT 4 OF GRANVIL LE PARK AS SHOWN ON SUBDIVISION MAP NO.
1782, RECORDED IN THE OFFICE OF TE-IE COUNTY RECORDER OF SAN DIEGO
COUNTY ON FEBRUARY 21,1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY FIVE FEET OF SAID LOT 4, MEASURED AT RIGHT ANGLES
TO THE NORTHEASTERLY LINE OF SAID LOT 4.
ARE = 375 SF
9%032OiESMT
t.AN VIL L G ?MK
MAP ND 1782
ALWANCED
SUR W&%%%??lES
P.O. 80X fZ63 ALPUVC CA 919G.J (619) 445-0110 FAX (619) 44.54120
ZTY GF CARLSBAD r6.35 FARADAY A c/E. PiRLSBAD, CA 92009 ?5!2M: f760,!602-2720
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:D r OF WA‘ AND IC UI-ILIT
4
EASEMEI
EASTERL; 5.00’ ‘OF LOT 4 c
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! c ?S.OO $
20.00’ _ I 2cm”
I 1200 12Jo
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LEGEND.
m INDICA ES PCC CONCRElE
a INDfcAli3 BR&%
m INDCAlES FLAG STM!E WALL
A& INOlGA IFS ASPHAL T ‘BiCRGE PAbxlfi
ui”
GRAPHIC SCALE IN FEET
DAY RESIDENCE
2475 OCEAN STREET
CARLSBAD, CA.
VICINITY MAP / .
PUBLIC STREET & UTILITY EASEMENT
2479 06’EA/V STREET CARLSBAD, CA SHT. 2 OF 2 SHTS.
CERTIFICATION FOR ACCEPTANCE OF DEED
, _ ,, ., 1,; ,‘;$il;i /p
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_‘, :,, : ( I Lg;,;_i;., ‘_ ,, ,!;:iu”“;“‘l~iilrrii
interest in real prop&y conv~~~~~~y.~t~~~~d or grant
.,i’S$ $.!_i,$ :i ,, .‘ii.l&jC 2,; : : ,: LIL $!.$“j;!.i ’ ., j:;
a,d ‘h;: &f’&~;‘~~~~(,en<~~ Day’;;~&jsfee’s;of the Day
._‘, ,_
.: ‘I”“‘( ‘,. : 2 ..i:i_ Family Trust,$di,ztk$ Ci@ of Carlsbad, :&~.Municipal Corporatia& k#&eby accepted by
!I’,’ I,3 ,,* j
the City CounFili df~~fi~~~lty”6f:‘c=ailsbad, Caiif&rnia, p~&&#~& &&i&~\~$#Jo. NS-422,
,, s s‘,i’i”l. ;. .,, ,; I 1s:’
adopted on Se~~~~~~~~~~~ 1997, &d the g~&&@z~nsents t&he r&i#;rltion thereof
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;i,~,:~,;::;.l~~~~ ” ‘%$~&
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by its duly authort~~~p~~~~~~;~;~i ‘, .,j
DATED: July 5,200O
SOUTHLAND TITLE
OF SAN DIEGO
4520 EXECUTIVE DRIVE
SAN DIEGO, CALlFORNlA 92121
(8581552-0333 FAX NO. (8581458-0546
WAYNE DAVIS ARCHITECT 343 4TH AVENUE, SUITE 204 SAN DIEGO, CALIFORNIA
YOUR NO. DAY
OUR NO. 61594-32
DATED AS OF JUNE 16, 2000 AT8:OOA.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE
SOUTHLAND TITLE OF SAN DIEGO
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 IN SCHEDULE B 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 IN THE ATTACHED LIST. 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.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT “A” OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND
EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [I
2. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNERS POLICY [Xl
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [I
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY IX1
TITLE OFFICER, MICHAEL‘4:. WEST
( ;‘,T*,, -’ ; 1 ~. ’ 1 i
NOTICE
ORDER NO.: 61594-32
CALIFORNIA INSURANCE CODE 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AND SUBESCROW FUNDS BY TITLE COMPANIES, THE "GOOD FUNDS LAW" REQUIRES
THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW OR SUBESCROW ACCOUNTS AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS
DEPOSITED BY:
A) CASH AND ELECTRONIC TRANSFER (BANK WIRE) WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. B) CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT. C) ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATIONS ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. D) DRAFTS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS
BEEN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK.
ALL ESCROW AND SUBESCROW FUNDS RECEIVED BY THE COMPANY WILL BE
DEPOSITED IN THE ESCROW OR SUBESCROW ACCOUNTS OF THE COMPANY IN A STATE OR NATIONAL BANK. THE COMPANY MAY RECEIVE BENEFITS FROM SUCH BANKS BASED UPON THE BENEFITS FROM SUCH ACCOUNTS. SUCH BENEFITS WILL
BE RETAINED BY THE COMPANY AS PART OF ITS COMPENSATION FOR ACTING AS ESCROW OR SUBESCROW AGENT AND HANDLING SUCH FUNDS.
PLEASE NOTE: SHOULD SOUTHLAND TITLE OF SAN DIEGCj BE REQUESTED TO DISBURSE FUNDS BY ELECTRIC TRANSFER (WIRED FUNDS), WE WILL REQUIRE THAT FUNDS BE DEPOSITED INTO OUR ACCOUNT BY ELECTRIC TRANSFER. OUR WIRE TRANSFER INFORMATION IS AS FOLLOWS: UNION BANK OF CALIFORNIA TITLE INDUSTRY GROUP #910 350 CALIFORNIA STREET SAN FRANCISCO, CA 94104
ROUTING NUMBER: 122000496
ACCOUNT NUMBER: 9100449304
WIRE MUST REFERENCE 80UTBLAND TITLE OF SAN DIEGO TITLE ORDER NUMBER
AND TITLE OFFICER. FOR THE ACCOUNT OF: SOUTHLAND TITLE-LOAN PAYOFF DEPT.
TO INSURE PROPER CREDIT, THE WIRE MUST CONTAIN:
OUR TITLE ORDER NUMBER AND OUR TITLE OFFICER'S NAME
FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR MISPLACED OR LOST FUNDS. SOUTHLAND TITLE CORPORATION DOES NOT ACCEPT LIABILITY FOR SUCH DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST, PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIED/UNCLAIMED WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY.
SOUTHLAND TITLE OF SAN DIEGO
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A
SCHEDULE A
ORDER NO.: 61594-32
THE ESTATE OR INTEREST IN THE LAND 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:
RONALD D. DAY AND MARIELLEN E. DAY, TRUSTEES OF THE DAY FAMILY TRUST DATED MAY 12, 1987
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 4 OF GRANVILLE PARK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924.
SOUTHLAND TITLE OF SAN DIEGO
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SCHEDULE B
ORDER NO.: 61594-32
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND
EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS
FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
2. ANY RIGHTS IN FAVOR OF THE PUBLIC WHICH MAY EXIST ON SAID LAND FOR PARKING, BEACH OR RECREATIONAL USES, IF SAID LAND OR PORTIONS THEREOF WERE AT ANY TIME USED BY THE PUBLIC FOR SUCH
PURPOSES.
3. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF
SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY
ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED.
4. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS TO ADJOINING BEACH OR BODY OF WATER FOR
RECREATION PURPOSES.
5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS-IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $1,000,000.00 DATED: SEPTEMBER 23, 1997 TRUSTOR: RONALD D. DAY AND MARIELLEN E. DAY, HUSBAND
AND WIFE TRUSTEE: DOUGLAS E. MILES, A LICENSED ATTORNEY BENEFICIARY: CHASE MANHATTAN MORTGAGE CORPORATION RECORDED: SEPTEMBER 25, 1997 AS FILE/PAGE NO. 1997-
0476586 OF OFFICIAL RECORDS
AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF
TRUST WHICH NAMES AS ASSIGNEE, CHASE MANHATTAN MORTGAGE
CORPORATION, RECORDED OCTOBER 7, 1998 AS FILE/PAGE NO. 1998- 0646201 OF OFFICIAL RECORDS.
6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. DATED: JANUARY 7, 1999 BY AND BETWEEN: RONALD DAY AND MARIELLEN E. DAY AND THE CITY OF CARLSBAD REGARDING: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 RECORDED: FEBRUARY 23, 1999 AS FILE/PAGE NO. 1999- 0110553 OF OFFICIAL RECORDS
SOUTHLAND TITLE OF SAN DIEGO
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ORDER NO.: 61594-32
7. A COVENANT AND AGREEMENT EXECUTED BY: RONALD D. DAY AND MARIELLEN E. DAY TRUSTEES OF DAY FAMILY TRUST DATED MAY 12, 1987 IN FAVOR OF: CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: MARCH 27, 2000 AS FILE/PAGE NO. 2000- 0151972 OF OFFICIAL RECORDS
WHICH AMONG OTHER THINGS PROVIDES:
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. DATED: MARCH 3, 2000 BY AND BETWEEN: RONALD D. DAY AND THE CITY OF CARLSBAD REGARDING: HOLD HARMLESS AGREEMENT FOR DRAINAGE RECORDED: APRIL 5, 2000 AS FILE/PAGE NO. 2000-0173367
OF OFFICIAL RECORDS
END OF SCHEDULE B
SOUTHLAND llTl.f OF SAN DIEGO
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PROJECT REVIEW COMPLETION
EASEMENT and COVENANT FOR EASEMENT
The following project maps have been reviewed and are recommended for approval:
Project Name: Dw x eSbOtZtiSG
Project No.: COP ~9-04
Easement No.: PR 00 -a
Sheets No.: Legal Description, - (sheet(s) (Exhibit “A”) & Plat , sheet(s) (Exhibit “B”) 1
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the easement review of this project as
defined in Section 8703 of the Business and Professions Code to determine that the easements are
found to be in substantial compliance with applicable codes and standards.
Review of these project easements does not relieve the Land Surveyor or Engineer of Work of the
responsibilities with state and local ordinances.
Helming Engineering Co., Inc.
5962 La Place Court, Suite 245
Carlsbad, CA 92008
(760) 43 1-5999
Signed
Douglas L. Helming, RCE 23874
Expiration Date 12/3 1 /O 1
Date 6 -&-a