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Home My WebLink AboutCT 05-03; LINCOLN AND OAK MIXED USE; Engineering ApplicationCITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 DeveIoment Services nd - Er4ineaft 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Ckwmialaft all annmerlata lnfennnn. Write WA when not rI1I Project Name: Lincoln & Oak Mixed-Used BiAdtna Date: Odobert 3010 Project Description: 6Tesldet -oendGffiiflth_s&trewii 50008 unk - sll wJiuii nuid fttaee eeUmnts\ (4)R\(AT 1 -M 12Aft -"vA .t<vtA-j /CRoAcHM -T) Project Address: 325 Oak Avenue. 3112 Lincoln Street LotNo(s).: Pds 'I &2, PM 11077 Map No.: APN(s): 203-260-14& 15 Number of Lots: 1 Number of Acres: 0.40 MHesofT,agsO Owner Russell Lee Bennett. LLC Applicant Russell Lee Bennett. LLC Mailing Address: P.O. Box 356 Maihng Address: P.O. BOX 356 Solana Beach, CA 92075 Solana Beach, CA 92075 Phone Number: (760) 840-0364 Phone Number 760)840-0364 Fax Number: Fax Number E-mail: rtb1lchotrnaLcom E-mail: i1bllchotm.com IcortitythatI rand bud all the above in tothebest ofmyknowledge. Sig_re:_Date: 6W g;oIO S_:_f Civil Engineer Michael K. Pasko Sods Engineer: David W. Sketiv Firm: Conway & Assoc._lflC. Firm: GeoSolls, Inc. Mailing Address: 2525 PiO Pico Drive, Suits 102 Mailing Address: 5741 Palmer Way Carlsbad,CA 92008 Carlsbad, CA 92010 Phone Number (760)753-1453 Phone Number: (760)4383155 Fax Number (760)434-5831 Fax Number (760)931-0915 E-mail: nakosbcoIoba1.net State Registration Number _RCE 41022 State Registration Number: _1340 CEG Additional Comment IMPROVEMENT VALUATION What water district Is the proposed project located in? (check one) I] Carlsbad Municipal Water District Q Ofivenhain C Valedlos If in the Carlsbad Municipal Water District what is the total cost estimate, induding the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street public (median) landscape and Irrigation, and drainage improvements (f applicable)? $______ GRADING QUANTITIES cut _cy no cy remedial cy Import cy export cy E-23 Page lc(2 REV W1O CA 0S -0 3k] I I APPUcATION Development Services ENGINEERING CITY OF PLANCHECK 163S Faraday Avenue 760-602-2750 CARLSBAD E.23 Comelata all annrnnrteta lnfniniInn.. Wrifa WA when net annVAmML APPLICATION FOR (check aH that apply) FOR CITY USE ONLY _______ Pmject IM. Number, DPS Paid Conmnts D Adjustment Plat (ADJ) k1 D Certificate of Compliance (CE) CI Dedication of Easement (PR) Type: Type: Encroachment Permit (PR) CT 0&-CS 13 Final Map (FM) Grading Plancheck (DWG) Impiovement Plancheck (DWG) 13 Parcel Map (PM) 13 Quttclalm of Easement (PR) Type: Reversion to Acreage (RA) CI Street Vacation (SN) 13 Tentative Parcel Map (MS) CI Certificate of Correction (CCOR) 13 Covenant of Easement (PR) CI Substantial Conformance Exhibit (SCE) 13 Trails <miie D>mHe DOther APPLICATION ACCEPTED By: APPLICATIO RECEIVED .RECEWEfl APR 26 2011 ENGINEERING NPARTMENT E-23 Page 2ct 2 REV413W10 'N 04~1 > CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. Project Name:Lincoln & Oak Mixed-Used Building Date:October . 2010 Project Description: 6 residential condominiums & I retail space unit -site qradinq and fro ntaqe street improvements Project Address: 325 Oak Avenue, 3112 Lincoln Street Lot No(s).:Pcls 1 & 2. PM 11077 Map No.: APN(s):203-260-14 & 15 Number of Lots:1 Number of Acres:0.40 Miles of Trails:0 Owner Russell Lee Bennett, LLC Applicant: Russell Lee Bennett, LLC Mailing Address: P.O. Box 356 Mailing Address: P.O. Box 356 Solana Beach, CA 92075 Solana Beach, CA 92075 Phone Number. (760) 840-0364 Phone Number: 760) 840-0364 Fax Number: Fax Number: E-mail: rlbllc(ähotmail.com E-mail: rlbllc(ähotmail.com I certify that I e at owner and that all the above informatics true rfid cgOqto the best of my knowledge. Signa re: Date: OQ" .QIO Signatu : Date:OTc24'D Civil Engineer: Michael K. Pasko Soils Engineer David W. Skelly Firm: Conway & Assoc.. Inc. Firm: GeoSoils, Inc. Mailing Address: 2525 Pio Pico Drive. Suite 102 Mailing Address: 5741 Palmer Way Carlsbad, CA 92008 Carlsbad, CA 92010 Phone Number (760) 753-1453 Phone Number: (760) 438-3155 Fax Number: (760) 4345831 Fax Number: (760) 931-0915 E-mail: mikepasko(äsbcqlobal.net E-mail: State Registration Number RCE 41022 State Registration Number: 1340 CEG Additional Comments: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) EJI Carlsbad Municipal Water District 0 Olivenhain lJJ Vallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut cy fill _______ cy remedial _______ cy import cy export cy E-23 Page 1 of 2 REV 4130/10 404h> CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (check all that apply) FOR CITY USE ONLY Project I.D. Drawing Number Deposit /Fees Paid Comments Adjustment Plat (ADJ) 5 )Ai -7 1 0 ? 1-3flX) é £7 ( I1 Certificate of Compliance (CE) Dl Dedication of Easement (PR) Type: Type: J Encroachment Permit (PR) Dl Final Map (FM) l Grading Plancheck (DWG) Iil Improvement Plancheck (DWG) 13 Parcel Map (PM) Dl Quitclaim of Easement (PR) Type:jQ- LI] Reversion to Acreage (RA) Dl Street Vacation (SW) Dl Tentative Parcel Map (MS) M Certificate of Correction (CCOR) Covenant of Easement (PR) ]j Substantial Conformance Exhibit (SCE) Dl Trails Dl <mile Dl > mile LI] Other APPLICATION ACCEPTED BY: DATE STAMP APPLICATION RECEIVED E-23 Page 2of2 REV 4130/10 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: Lincoln Street & Oak Avenue Mixed Use Bldg DATE: 02/20/07 PROJECT DESCRIPTION:Site grading, public improvements, final map PROJECT ADDRESS:325 Oak Avenue & 3112 Lincoln Street LOT NO(S).: PcI I & 2 MAP NO.: PM 11077 APN(S).: 203-260-14 & 15 NUMBER OF LOTS: 2, consolidate to I NUMBER OF ACRES: 0.402 acres OWNER: Russell Lee Bennett APPLICANT: owner - see at left Mailing Address: P.O. Box 356 Mailing Address: Solana Beach, CA 92075 Phone Number: (760) 840-0364 Phone Number: Fax Number: Fax Number: E-Mail: rlbllc(ähotmail.com E-Mail: I certify that I am the.4ega) owner and that all the above information i true a -rrect t b of my knowledge. Signat 02/20107 Signature: Date: CIVIL ENGINEER: Michael K. Pasko SOILS ENGINEER: Donna Gooley FIRM: Conway & Associates, Inc. FIRM: Geosoils, Inc. Mailing Address: 2525 Pio Pico Drive, Ste. 102 Mailing Address: 5471 Palmer Way Carlsbad, CA 92008 Carlsbad, CA 92008 Phone Number: (760) 753-1453 Phone Number: (760) 433-3155 Fax Number: (760) 434-5831 Fax Number: (760) 931-0915 E-Mail: mikepasko(äsbcqlobal.net E-Mail: dgooley@geosoilsinc.com State Registration Number:C 41022 State Registration Number: CEG 2336 ADDITIONAL COMMENTS: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Carlsbad Municipal Water District LOlivenhain flVallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ 0 GRADING QUANTITIES cut 1,477 cy 1111 0 cy remedial 1,760 cy import 0 cy export 1,477 cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 CS-:? (a-, CITF CARLSBAD - ENGINEERING DEPARTNT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (v' all that apply) FOR CITY USE ONLY PROJECT I.D. DRAWING NUMBER DEPOSIT/ FEES PAID T07ENTS Adjustment Plat (AD]) Certificate of Compliance (CE) LI Dedication of Easement (PR) Type:__________________ Type:__________________ Type:__________________ Encorachment Permit (PR) Final Map (FM) Ph or' O Grading Plancheck (DWG) -7A jJ Improvement Plancheck (DWG) - Parcel Map (PM) LI Quitclaim of Easement (PR) Type:__________________ Type:__________________ Type:__________________ Reversion to Acreage (RA) Street Vacation (SW) Tentative Parcel Map (MS) O Certificate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) LI Other APPLICATION ACCEPTED BY: ~~/ 2~ )67 DATE STAMP APPLICATON RECEIVED ft/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02 I CLTA Guarantee FonnNo. 14 (Rev. 4-10-75) Subdivision Guarantee Order Number: 7034-434695 Guarantee Number: G-2631-17452 SUBDWISION GUARANTEE Order Number: 7034-434695 Guarantee Number G-2631-17452 Liability: $1,000.00 Fee: $500.00 Subdivision Map of Tract No.: TctNo. CT 05-03 Consisting of 4 Sheet(s) STEWART TITLE GUARANTY COMPANY a Texas Corporation GUARANTEES The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1,000.00 That, according to those public records which,, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: See Attached Schedule "A" The map hereinbefore referred to is a subdivision of: See Attached Schedule "A" Dated: October 29, 2012 Countersigned by: M F-ste wart title guaranty company Airnh4 Authorized Countersignature WART TITLE OF CALIFORNIA, INC. Jd5-13 , The estate or interest in the land hereinafter described or referred to covered by this Guarantee is a fee. Title to said estate or interest at the date hereof is vested in: Lincoln & Oak LLC, a California limited liability company The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is described as follows: See attached Schedule A Exceptions: The following is for informational purposes only and is not See attached Schedule B Omissions: Pursuant to Section 66436, Subsection (a)(3)(A)(1), of the SubdiVision Map Act, the signatures of the following owners of easements have been omitted, their interest being such that it cannot ripen into fee title and said signature is not required by Governing Body: 1. The City of Carlsbad, an easement for public utilities recorded February 25, 2003 as Instrument/File No. 2003-0210328, of Official Records. GUARANTEE CONDONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; "public records": those records which impart constructive notice of matters relating to said land; "date": the effective date; "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: 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. Unpateuted mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. PROSECUTION OF ACTIONS The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision thereof. In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. NOTICE OF LOSS - LIMITATION OF ACHON A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. LIMiTATION OF LIABILiTY - PAYMENT OF LOSS The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. All payments under this Guarantee, except for Attorneys' fees as provided for in paragraph 6 (b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all light of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. if the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to: Stewart Title of California, Inc. 7676 Hazard Center Drive Suite 1400 San Diego, CA 92108 Attu: Advisory Title Officer I 10. THIS FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR THIS GUARANTEE. CLTA Guarantee Form No. 14 (Rev. 4.10.15) Subdivision Guarantee Order Number: 7034-434695 Guarantee Number: G-2631-17452 SUBDiVISION GUARANTEE SCHEDULE "A" The Tract hereinbefore referred to is a subdivision of lands described as: Parcels I and 2 of Parcel Map No. 11077, in the City of Carlsbad, County of San Diego, State of California, according to Map t hereof filed in the Office of the County Recorder of San Diego County, March 10, 1981. Together with those portions of Lincoln Street and Oak Avenue, as vacated and closed to public use by resolution No. 2003-043 of the City of Carlsbad, recorded February 25, 2003, as Instrument/File No. 2003-0210328, of Official Records. APN: 203-260-14-00; 203-260-15-00; SUBDIVISION GUARANTEE SCHEDULE "B" A covenant and agreement, but omitting except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis, upon the terms and conditions therein executed by Frances A. Yarbrough, an unmarried woman, in favor of the City of Carlsbad, recorded February 27, 1981 as Instrument/File No. 81-060402, of Official Records. Among other things, said document provides for contract for future public improvements. Improvement requirements and incidental matters as set forth on Parcel Map No. 11077. An easement for public utilities easement and rights incidental thereto as reserved in a document reserved by the City of Carlsbad, recorded February 25, 2003 as Instrument/File No. 2003-0210328, of Official Records, which affects q portion of said land. The effect, if any, of record of survey map no. 18764 which sets forth, or purports to set forth certain dimensions and bearings-of the herein described property. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount $4,262,000.00 Dated: August 26, 2011 Trustoc Lincoln & Oak, LLC, a California Limited Liability Company Trustee: Sunwest Bank Beneficiary: Sunwest Bank Recorded: September 9, 2011 as File No. 2011-0467084 of Official Records. Loan No.: 220215001 An agreement to modify the above Deed of Trust was recorded July 5, 2012 as Instrument No. 2012-0390226 of Official Records. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by Deed of Trust Recorded: September 9, 2011 as Instrument/File No. 2011-0467084 of Official Records Assigned To: Sunwest Bank Recorded: September 9, 2011 as Instrument/File No. 2011-0467085 of Official Records