HomeMy WebLinkAboutCDP 00-58; Tamarack Wireless; Coastal Development Permit (CDP)GENERAL INFO
Status: [APPROVED Entered By: |CS Subtype: (REG
Project Title: [TAMARACK WIRELESS, ,-.,.
Description: (WIRELESS COMMUNOAllONFACIUTY 7r"";
Address: H901 EL CASINO REAL CBAO .'.
Parcel: )20?-1pl-28-00;;, ^\ 1HOFFMAN JAYF8,MARYONDTRS,
Applicant: (NDCTEL COMMUNICATIONS ,:
Prj Engineer:Prj Ranner |KENNEOY
Er»v, Determ: I 1
* igDit
Action:
Action Date:
Appeal Date:
* gComm
(AP
[Q4/JM/2001
yCnc!
Resolutions: (4928,4931
. I Exit lijiBack
-DATES-
Applied: [11/08/2000
Complete: |12/01/2000
Expires: (_/_/_
Withdrawn; [/•!/• '
Response: ]_/_/___,.
Ordinance:
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
APPLICANT NAME:
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
Project Description 10/96 Page 1 of 1
NEXTEL COMMUNICATIONS, INC.
DESCRIPTION OF PROPOSED PROJECT
SITE CA6-439b / TAMARACK
APN 207-101-19/24/25
The proposed communications site is located at The Hoffman property at 4901 El Camino Real,
Carlsbad, CA 92008. Nextel Communications, Inc. and the owners (Jay and Maryon Hoffman) have
entered into a lease agreement for the placement of a communications facility at this location.
Nextel proposes to construct, operate and maintain an unmanned, Enhanced Specialized Mobile
Radio (ESMR) communications facility. This facility will consist of twelve (12) antennas, measuring one
foot wide and four feet in length. The panel antennas will be mounted in a "monopalm" located at the top
of the slope adjacent to the existing Pacific Bell Wireless monopole. The equipment shelter would be
located at the bottom of the slope, adjacent to an existing paved parking lot and driveway. This proposed
facility would be unmanned, operating 24 hours a day. The only visits to the site will consist of any
emergency calls as well as regular maintenance visits once every four to six weeks.
SYSTEM BACKGROUND INFORMATION
Nextel Communications, Inc. has been authorized by the Federal Communications Commission
(FCC) to construct and operate the first multi-purpose enhanced specialized mobile radio system (ESMR)
in the United States. The system will provide superior service to the public in several ways: 1) it will be a
fully digital alternative to current "cellular" telephone systems; 2) it will provide digital dispatch services to
large fleet users (this "dispatch" service will make the system able to handle a one-to-many form of
communications wherein one dispatcher can contact numerous mobile parties simultaneously); 3) it will
provide traditional paging services; 4) it will provide wireless data transmission. All of these functions will
be available in one hand-held unit.
HOW THE SYSTEM WORKS
The service area is divided into a grid of theoretically hexagonal geographic areas. At the center
of each area is a low power unmanned radio repeater station, which handles the calls to and from mobile
customers within the area. As a mobile customer moves from one area to another with a call in progress,
the call is automatically 'handed off to the next repeater station, without interruption. Telephone line
connections between repeater sites and the switching office, and from the switching office to the telephone
company central office permit mobile customers within the serving area to utilize their mobile phones just
as they would a home or office telephone, with direct dialing.
SITE SUITABILITY
This specific site was chosen based on its ability to provide needed wireless telecommunications
coverage at the residential area surrounded by El Camino Real, Kelly Drive, Tamarack Avenue and Cindy
Avenue. The property already supports two precedent-setting carrier sites, and is the only suitable
property within the search area that is not immediately within a residential zone. This site is necessary to
provide uninterrupted service to mobile radio customers traveling from one area to another.
PROPOSED USE OF FACILITY
The project site location is in the C-2 zone of the City of Carlsbad. Application is made pursuant
to the City's General Plan and consistent with the Zoning Ordinance requirements. The proposed use of
this communications facility will fulfill Nextel's and the community's need for digital mobile radio
communication service in this area. This project will not adversely impact the community.
Page 2
Nextel Communications
Description of Proposed Project
CA6-349b / TAMARACK
HEALTH AND SAFETY
The proposed use of this project will not be detrimental to the health, safety and general welfare of
persons residing or working in the area and will not adversely affect other property in the vicinity.
BENEFITS TO THE CITY OF CARLSBAD
Enhanced Specialized Mobile Radio (ESMR) provides better quality dispatch service through
both its interconnect abilities and digital efficiencies. As discovered in the aftermath of the Northridge
earthquake, the wireline telephones had inadequate capacity to serve the emergency crews. Nextel
provided radios and service to the Red Cross to assist their operation in sheltering and feeding the families
whose homes were damaged.
ESMR provides emergency contact to 911; has authorization to provide emergency services
during periods in which normal communications facilities are disrupted as a result of hurricane, flood,
earthquake or similar disaster; and is authorized to transmit communications necessary for the
implementation of civil defense activities as assigned by local civil defense authorities.
* SUPPLEMENTAL APPLICATION FORM FOR ALL
COASTAL DEVELOPMENT PERMITS
+ APPLICATION CHECKLIST FOR SINGLE FAMILY
REGULAR & MINOR COASTAL DEVELOPMENT PERMITS
(Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout)
This supplemental application is to be filed for any development requiring a Coastal
Development Permit issued by the City of Carlsbad.
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal
Development Permit. The Planning Director shall make the final determination
regarding a project's cost of development.
The primary basis for determining cost of development will be the application of
dollar costs per square foot for different types of residential construction. These
costs are set by the International Conference of Building Officials (ICBO) and
are applied throughout San Diego County.
Please complete the following information to assist in the determination of this
project's cost of development (Contractor proposals may also be submitted for
consideration by the Planning Director).
=> New Residential Square Footage:
square feet x $78.00/sq. ft. = $
=> Residential Addition Square Footage:
square feet x $94.00/sq. ft. = $
=> Any Garage Square Footage:
square feet x $22.00/sq. ft. = $
=> Residential Conversion Square Footage:
square feet x $26.00/sq. ft. = $
=> For Non-Residential Uses, use the following figures for calculations:
Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @
$55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.:
square feet x $ /sq. ft. = $
COST OF DEVELOPMENT ESTIMATE: $
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000)
2. A Regular Coastal Development Permit ($60,000 or more)
C. Street address of proposed development
Form 15 6/00 Page 1 of 7
D.
E.
Assessor's Parcel Number of proposed development
10 •
Development Description:
Briefly describe project:
> \gcJr C i* <^ol )
II.
A.Are there existing structures on the property?
If yes, please describe.
sf-
|Yes
B. Will any existing structure be removed/demolished?
F. Describe the present land uses (i.e. Vacant land, single family homes,
apartments, offices, etc.) that surround the proposed development to the:
North: *S**- K^-CyVe f-c^v^xj-gj^ U-ow>g-4 • /y/6-c
South:
East:, tsv.
West:
G. Is project located within a 100 year flood plain?
PRESENT USE OF PROPERTY
No
No
No
If yes to either question, describe the extent of the demolition or removal,
including the relocation site, if applicable (also show on plans).
LOT COVERAGE
A. Existing and Proposed
Building Coverage
Landscaped Area
Hardscape Area
Unimproved Area
(Left Natural)
Existing
0 sq. ft.
<? sq. ft.
t-^/Ar sq.ft.
New Proposed
•2-b o SQ. ft.
$> sq. ft.
~/Arsa. ft.
Total
"Z-fcfc sq. ft.
<t> sa. ft.
K> (A- sq. ft.
sq.ft.sq.ft.sa. ft.
Form 15 6/00 Page 2 of 7
^ |Ar B. Parking: Number of existing spaces
Number of new spaces proposed
Existing/Proposed TOTAL:
Number of total spaces required
Number of covered spaces
Number of uncovered spaces
Number of standard spaces
Number of compact spaces
Is tandem parking existing? [~| Yes #_
Is tandem parking proposed? Yes #_
C. Grade Alteration:
No
No
Is any grading proposed? 0Yes | 1 No
If yes, please complete the following:
1. Amount of cut 2.S -^ t> cu. yds.
2. Amount of fill *P cu. yds.
3. Maximum height of fill slope */* feet
4. Maximum height of cut slope 5 ' feet
5. Amount of import or export 2^ "^ ° cu. yds.
6. Location of borrow or disposal site
Form 15 6/00 Page 3 of 7
MRY.17.2000 li:34Pn CHICfiGO TITLE (619)7022808 NO.753 P.5/6
MMLTAM mrmmrr TO
Mr 5 Mrs Jay ff. Hoffman
4901 El Canino RoalCarlsbad, CA 92008
^A1728
IMMIM MUOMMa MAIL.TQ
.m ' Brio X. Waitean 1
'"•» JENNINGS fi CAMPBELZ.
e»r 1020 Prpapaot 8 treat, |300
J1."' . La Jolla. CA 92037
cmplRNO.
W\ DCl -a m * «
QUITCLAIM DEED
,
RF ^
Jff? ^
nP —£*^ —
This POflM PUHNI|H<D BV OOMMDNW«AUT« UIND TITU
Tiw unditiigrid grin tor(i^ mcl»n(t)i
D»«.m»n»«y »rin«»«- U« (i « -0* HO COBSIDBBATIQN
( ) CampuUtt op fu|l v«iui of propwty convf yf d> of
t ) Compulid an Full vilu* lid wilut of ||im md ineumbrine*! ranufnlng »t «ltn« of uli.< j Unbuoro«r«iaci «rM (
COMPAMV
Ti» Pirtii NO. 307«lDl-I6._and _20 7" 1Q1-19
P. Hoffrnan and Karyon D. Hoffswn,
huaband and wifa aa joint t*n«nt»
FOfl A VALUABLE CONSIDERATION. W» HEBEBV QUITCLAIM W>
Jay ?ranJU.in Hoffman and HKxyon Dooley Hoffman,Co-'fruataaa , U.T.O, Ootobar 2, 19B4
ih* nwl preptrty In tlt»
County of San Diego ., Stou of CgHfomU,
Scte attached Exhibit "A" made a part h«rao£.
THIS THAKSFER XS MADE TO A REVOCABLE INIBR VIVOS TRUST WHICH
10 BKEMPT FROM HE-APFHAISAL ?CBSUANT TO AS I486 CHAPTER 2
SECTION 62 (d) .
(IndMtfud!
JTATS OF
COONTV «V.
On.
_3an_Di«10.
r.l«a .tailor*N(rt,_ Puu,e u, I)M lw ,,.,,
Jfiy f , Hoffina^ and
Murvon Pi Hoffman
Humm t» mil for PIWHI to n» PR ID* Mi alwfttrai tn iw in* p«r«wi a.. ,__sto* num.a art-•iMw|b<ii to tb* ^fwhio ffiitfunwii w^npy ^^M^t IM IM*.
WITNIH mr hindind («)R|«| M^.
^
•NB«WV SMI-
MAIL TAX STATIMBNT A8 DIRlOTiD ABOVE
MflY.17.2000 li:35flM CHICflGO TITLE (619) 702 2808
1750
NO.753 P.6/6
"A"
That portion of X.pt "I* of tha BANCHO AGUA EEDIONDA, in theCounty of San Dlago, state of California, according toPartition Hap thereof. No. 823, filed in tha office of thecounty Recorder of San Diago County flovenber 1C, 1896, lyingwithin the fallowing described parcel of land:
Beginning At Corner No. 2 of eaid Lot "I"; thence alqng thaNortherly prolongation of that portion of the Easterly lineof aaid lot "1" between Camera No, 1 and 2 of said Lot>North 2*29'40" Want (record North 3" West) 21.B4 feat to aninclination with the aanter line of County Bond Survey No,682 a» the name ia described in sapement dead to the Countyof San Diego, dated nay 27, 1936 «nd recorded in Pook 521,page 230 ot Official Reoorda of said San Diego County, aaidpoint of intersection being aliO tha Southaastarly corner ofthat paroal of land daaoribed in quitolaiJJi d«ad to Horace H.Ketlly, raccrdad January 22, 1951 aa Document No. 9613, inBook 3942, page 34 of Official Recordaj thence along thaSoutherly line of Bald Kelly land ao follow"« along aaidaantaz line of xoad, North 67"101 Wait 897.21 feet North64*35' W««t 701.35 fast to tha beginning1 of a -tangent curveconcave Southerly having a radiua of 1000 feat, and North-westerly along tha aro of aaid curve 29.00 foot; thenceleaving aaid center line, Worth 74"118 West a chord dietanoeof 262.47 feet to a point an the arc of aaid curva, aaidpaint badng the THUE POINT OF BEGrOTHUCf thence South 2*36"IS"Eaat 353.64 feet; thanae North 88*59'15* Heat £63.30 feet toa point on tha canter lina of an easement described in deedto the Carlsbad Mutual Wat«r Company, dated September 26,1941 and raoordsd in Book 1271, page 70 of Official Racordaof aaid San Diego county; thence South 64°17'15" W«t (recordSouth 64C54'40" West) along aaid center line 911.65 faet toa point in aaid center lina of Saaonant and in aaid HoraceH, Kelly boundary which ia dixtanoa along aaid lines North64°17'lSn Eaat 445 feet from the wont Southerly angla pointin said Southerly boundary of aaid Horaea H- felly land;
wl<b»^ta luuvl»tt "»uj.vl I\oxl^ kiuuiluu^j' WuiUJJ 10 41'HJ" ktttWL354.70 fast; thence Jforth 5817'15* B«»t to a point in thecanter lina of said Road Burvay No. 682, aaid point being ontha arc of a curve concave Hoxthaaatarly having a radlu» of700 feet, which curve begina at Bnginaar1* Station 59 plua25.32 on the oentar lina of Hoad Survey No. 682; thencezaoterly along aaid center lina to the TRUE POINT as- BEGINNING.
MPY.17.2000 li:34flM CHICflGO TITLE (619)7032888 ISO. 753 P. 2/6
PUAII MAIL
PfpMtmnt Of OtfiBfll MfttoMRail PnpMty Mtnagamrt PMaton6BU OMrtami AvanvMi BuMMnB 8San Diego, CA M1SO
ATTENTION; eupftm PfOpany
NQJTRANftFEfl TAX DUB
i Pun)
Ntt 207.101-18
432
65UI02
',)•;. i— •• .»!.!«•IF </M* .', 1^1'i.r V,r.. |
'390 DEC IQ W 2 «,?
[ CO-ih. ' •
.epAce ABOVE ran neconoDi't u« ONLY_
QUITCLAIM DEED Nora
BU--SUBPLUBPfDfMCW. 0. NO: TEasao
For a valuabia consJdBiaUoo,
COUMTY OP BAN 01100, a paftlad BubdfvWon
do|M) hmby mmto. ivlttM «nd forwtr qufyjii|m to
Joy FmnWJn Hofman and Mwyon Doolay Hoffman,
Co-TruiUMt, U.T,a Octotxr 2. 1BB4
the following dncritod real property in th0 County of flan OUgo, Raw (X Cilifomia-'
Final No. M.Q1»-A (8.18-89) (PWP:JA:o^
Tjjat pcrttoo of UK f # iftt flincrto Agm HMtonda, In fl?§ County o» SM Otogp. 8tst« of Cajfomla,aoooming to Panttlon Map tharerf. No. 8ZJ, flted In the Offloo of tfta County RieopOir of add County,
Road 8may Map No. 1000-1 (B Cwnlno Raa» jbehnan Engine*-? ttattam 47&+M and «2+ 00,
BBCordlnB lo eald Map, flM In ih» Offlc* of tfi» Couf«y Enolntar of nfd County.
OC9P, flav. 8B.10,
"MflY.17.2000 ll:34P)M CHICAGO TITLE (619) 702 2808
//
v'
433
QUITOWM DEED
8WM27-A
r*JL^4*r>4.i~iJ'
CQUM1YOFMHDIIQO
F, HUBTON.
•TATS OF CALIFORNIA)COUNTY OF am OIEOO p
On Ir f~ 7^) b*0fv m», ROBERT0. ZUMWALT, OoujHy CleiK of VM8up«flor Court B) V*for ttW
Courti and Oau. which to a ooun tf nwurf having • taaL paiunalV appemd . J/\M ^ _ F. rf^*,_R o^,.
pmwd to m* on «hi bntt of «Uil|maiy wktonM la M W p«n«X> w^«wc«lBclB»wliWnliwWim»rtontMh«llol
did publta corporation, sgwcy or poOljcal subdKritton, and aoknoModgod to me tt\a ucti public or oorpwvUoo,
•gmcy, or ponocai lubdMilan onpuiad ttw WTO,
WITNESS my nuid md official uiJ.
ROBERT 0. ZUMWALT, County CWk
PM FORM NO. 16
NO.753 P.3/6
'MRY.17.2000 11:34011 CHICRGO TITLE (619) 702 2808 NO.753 P.4/6
B9-OI2T-A
,500 Sq.ft.
PCMMTMtNT OF KNCMt IKPVICEBl *MM«|» ir __IWHITY MO MM. nMKinv omno* | m^ m HUB*.COUHfV Of lAJl I
11EL CAMINO REAL - SURPLUS 89-O27-A
FROM : MftRJfl PCRES FPX NO. : 7607292042 Jun. 08 2000 03:10PM PI
CERTIFICATION OF TRUST
THE UNDERSIGNED, attorney for JAY FRANKLIN HOFFMAN and
MARYON DOOLEY HOFFMAN, declares as follows:
1. That I am an attorney in good standing in the
California Bar Association;
2. That Exhibit "A", attached hereto and incorporated
herein by reference as though fully set forth, are true and
correct copies of the Introduction, Powers of the Trustees, and
Signature Pages of the JAY FRANKLIN HOFFMAN AND MARYON DOOLEY
HOFFMAN FAMILY TRUST, a revocable inter vivos trust dated October
2, 1984;
3. That the JAY FRANKLIN HOFFMAN AND MARYON DOOLEY HOFFMAN
FAMILY TRUST was established by JAY FRANKLIN HOFFMAN and MARYON
DOOLEY HOFFMAN as Trustors, with JAY FRANKLIN HOFFMAN and MARYON
DOOLEY HOFFMAN serving as co-trustees;
4. That the JAY FRANKLIN HOFFMAN AND MARYON DOOLEY HOFFMAN
FAMILY TRUST was established for the benefit of JAY FRANKLIN
HOFFMAN and MARYON DOOLEY HOFFMAN; and
5. That the pages omitted from this Certificate are of a
personal nature dealing with the distribution of the Trustor's
estate and in no way affect the powers of the Trustee.
JENNINGS & CAMPBELL
Attorneys at Law
Douglass/Jennings, Jr.
FROM' : MflRJfi fiCRES FflX NO. : 7607292042 Jun.2000 03:11PM P2
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this 2nd day of October, in the year 1984, before me,
personally appeared J. DOUGLASS JENNINGS, JR., personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to this instrument and
acknowledged that he executed it.
IN WITNESS WHEREOF, I hereunto set ray hand and official
seal.
OFFICIAL Si-AL'
US.', MOVES
NOTAfiY PUBLIC • CtUFCnNIA
SAN OlEGO COUNTY
Public in a^Kfor said
County and State
SCHEDULE A
Order No: 203076077 U54 YourRef: ^HOFFMAN
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
JAY FRANKLIN HOFFMAN AND MARYON DOOLEY HOFFMAN, CO-TRUSTEES, U.T.D. OCTOBER
2, 1984
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
PHEA -10/31/97bk
Page i DESCRIPTION
OrderNo. 203076077
PARCEL A:
PARCEL 1 OF PARCEL MAP 3451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED JANUARY 31, 1975, IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY.
TOGETHER WITH THAT PORTION OF LOT I OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16,
1896, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND
ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 1976-428052 OF
OFFICIAL RECORDS, ADJOINING SAID LAND ON THE NORTH.
PARCEL B:
THAT PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP FILED ON PAGE
3451 OF PARCEL MAPS,ON JANUARY 31, 1975 UNDER FILE NO. 75-023997, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED
LINE :
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCELS 2 AND 3, WESTERLY ALONG A CURVE CONCAVE SOUTHERLY
AND HAVING A RADIUS OF 960.00 FEET, A DISTANCE OF 198.26 FEET TO A TANGENT LINE;
THENCE, SOUTH 87°27'37" WEST ALONG SAID TANGENT LINE 358.86 FEET; THENCE NORTH
2°32'23" WEST 10.00 FEET; THENCE SOUTH 87°27'37" WEST 145.41 FEET TO THE TRUE
POINT OF BEGINNING; THENCE, LEAVING SAID NORTHERLY LINE SOUTH 1°58'54" WEST
315.79 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 2.
TOGETHER WITH THAT PORTION OF LOT I OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16,
1896, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND
ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 1976-428052 OF
OFFICIAL RECORDS, ADJOINING SAID LAND ON THE NORTH.
PARCEL C:
THAT PORTION OF LOT "E" OF THE RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF, NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF A LINE
WHICH IS 73.00 FEET SOUTHWESTERLY OF AND CONCENTRIC WITH THE CENTERLINE OF ROAD
SURVEY MAP NO. 1800-1 (EL CAMINO REAL) BETWEEN ENGINEER'S STATIONS 475+00 AND
482+00, ACCORDING TO SAID MAP, FILED IN THE OFFICE OF THE COUNTY ENGINEER OF
SAID COUNTY, SAID PORTION BEING FURTHER DEPICTED AS PARCEL NO. 89-0127-A ON THE
DRAWING ATTACHED TO THAT CERTAIN QUITCLAIM DEED FROM THE COUNTY OF SAN DIEGO
RECORDED DECEMBER 10, 1990 AS FILE NO. 90-658182, OFFICIAL RECORDS.
SCHEDULE B
Page 1
Order No: 203076077 U54 Your Ref: ^HOFFMAN
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:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2000-2001 THAT ARE A LIEN NOT YET DUE.
B 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART O.5, CHAPTER 3.5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
OCENASIDE MUTUAL WATER COMPANY, A CORPORATION
PUBLIC UTILITIES, INGRESS AND EGRESS
AUGUST 22, 1930 IN BOOK 1795, PAGE 355 OF DEEDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
4 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
OCEANSIDE MUTUAL WATER COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
IN BOOK 1796, PAGE 142 OF DEEDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
5 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
COUNTY OF SAN DIEGO
PUBLIC HIGHWAY
MARCH 10, 1936 IN BOOK 479, PAGE NO. 341 OF
OFFICIAL RECORDS AND JUNE 17, 1936 IN BOOK 521,
PAGE NO. 230 OF OR
ROAD SURVEY 682
NOTE: A PORTION OF SAID EASEMENT WAS VACATED BY RESOLUTION, A COPY OF
WHICH RECORDED DECEMBER 21, 1976 AS FILE NO. 1976-428052 OF OFFICIAL
RECORDS.
PREB -10/31/97bk
SCHEDULE BPa§e 2 (continued)
Order No: 203076077 U54 Your Ref: ^HOFFMAN
SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND
DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS
OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND
MAINTENANCE THEREOF.
6 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: CARLSBAD MUTUAL WATER COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: NOVEMBER 9, 1941 IN BOOK 1271, PAGE 70 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
7 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: OCTOBER 20, 1948 IN BOOK 2988, PAGE 450 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
H 8 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: NOVEMBER 27, 1951 IN BOOK 4302, PAGE 401 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES INGRESS AND EGRESS
RECORDED: JUNE 1, 1953 IN BOOK 71511 AND 71512, OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PRELIMBC-9/23/93bk
SCHEDULE B3 (continued)
Order No: 203076077 U54 Your Ref: ^HOFFMAN
SET FORTH IN A DOCUMENT
GRANTED TO: W. D. CANNON, AN UNMARRIED MAN
PURPOSE: TRANSMISSION AND DISTRIBUTION OF WATER
RECORDED: NOVEMBER 8, 1954 IN BOOK 5422, PAGE 581 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
NOTE: BY AN INSTRUMENT RECORDED JUNE 28, 1961 UNDER RECORDER'S FILE NO.
110697, THE INTEREST IN THE ABOVE DESCRIBED EASEMENT WAS GRANTED, ASSIGNED
AND CONVEYED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION.
11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: PAUL ECKE, ET UX
PURPOSE: TRANSMISSION AND DISTRIBUTION OF WATER AND FOR ALL
OTHER PURPOSES CONNECTED THEREWITH
RECORDED: DECEMBER 1, 1954 IN BOOK 5446, PAGE 324 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
12 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: AUGUST 9, 1966 AS FILE NO. 1966-120725
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: JUNE 5, 1967 AS FILE NO. 1967-79479 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
14 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PRELIMBC-9/23/93bk
Page 4
Order No: 203076077 U54
SCHEDULE B
(continued)
Your Ref:HOFFMAN
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
THE COUNTY OF SAN DIEGO
PARCEL 68457-B
MARCH 12, 1970 UNDER RECORDER'S FILE NO. 44687
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION
PUBLIC UTILITIES, INGRESS AND EGRESS
JUNE 11, 1974 AS FILE NO. 1974-154502 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
16 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT
OWNERSHIP OF SAID EASEMENT)
PURPOSE:
RECORDED:
AFFECTS:
LINES OF PIPE, CONDUITS, CABLES, WIRES, POLES AND
OTHER STRUCTURES, EQUIPMENT AND FIXTURES FOR THE
OPERATION OF GAS PIPE LINES, PETROLEUM PIPE LINES,
TELEGRAPHIC AND TELEPHONE LINES AND FOR THE
TRANSPORTATION OR DISTRIBUTION OF ELECTRICAL ENERGY
AND WATER AND FOR INCIDENTAL PURPOSES INCLUDING ACCESS
AND SANITARY SEWERS, STORM DRAINS AND APPURTENANT
STRUCTURES INCLUDING ACCESS
DECEMBER 21, 1976 AS FILE NO. 1976-428052 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
17. A CERTIFICATE OF COMPLIANCE
DATED:
EXECUTED BY:
COMPLIANCE NO.:
RECORDED:
SEPTEMBER 9, 1982
CITY ENGINEER, CITY OF CARLSBAD
286
SEPTEMBER 22, 1982 AS FILE NO. 1982-293200 OF OFFICIAL
RECORDS
18. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY
AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS,
CONDITIONS AND PROVISIONS SET FORTH THEREIN
LESSOR:JAY F. AND MARYON D. HOFFMAN
PRELIMBC-9/23/93bK
Page 5
OrderNo: 203076077 U54
SCHEDULE B(continued)
Your Ref:HOFFMAN
LESSEE:
DISCLOSED BY:
RECORDED:
COX CALIFORNIA PCS, INC., A DELAWARE CORPORATION
MEMORANDUM OF LEASE AGREEMENT
NOVEMBER 7, 1996 AS FILE NO. 1996-0564066 OF OFFICIAL
RECORDS
THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER
MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN.
19. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY", DATED
SEPTEMBER 18, 1996 EXECUTED BY JAY F. HOFFMAN AND MARYON D. HOFFMAN AND THE
CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS
THEREIN CONTAINED, RECORDED DECEMBER 5, 1996 AS FILE NO. 1996-0609629 OF
OFFICIAL RECORDS.
20. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY", EXECUTED BY
JAY F. HOFFMAN AND MARYON D. HOFFMAN AND THE CITY OF CARLSBAD, SUBJECT TO
ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED
SEPTEMBER 21, 1998 AS FILE NO. 1998-0601186 OF OFFICIAL RECORDS.
21. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE
TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS
TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A
LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT.
END OF SCHEDULE B
NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF
THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE
ORIGINAL TRUST AGREEMENT INCLUDING ALL EXHIBITS LISTING REAL AND PERSONAL
PROPERTY TRANSFERRED INTO THE TRUST TOGETHER WITH COMPLETE COPIES OF ANY
AMENDMENTS OR MODIFICATIONS THERETO. THE COMPANY MUST ALSO BE FURNISHED
WITH A VERIFICATION OF ALL PRESENT TRUSTEES STATING THAT THE COPY BEING
FURNISHED IS A TRUE AND CORRECT COPY OF THE ENTIRE TRUST AGREEMENT
INCLUDING ALL MODIFICATIONS OR AMENDMENTS; THAT THE TRUST IS CURRENTLY IN
FULL FORCE AND EFFECT; AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED.
NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS
FOLLOWS:
BANK OF AMERICA
1850 GATEWAY BOULEVARD
CONCORD, CALIFORNIA
ABA 121-000358
CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT
NO. 12359-50752
FURTHER CREDIT TO ORDER NO: 203076077
PRELIMBC-9/23/93bk
SCHEDULE BPa§e 6 (continued)
Order No: 20307S077 U54 YourRef: ^HOFFMAN
ATTN: KEN CYR..
TITLE OFFICER
AMC
PRELIMBC-S/23/93bk
'Order No: 203076077 - U54 Your Ref: ^HOFFMAN
As part of the settlement of a class action lawsuit, we are required to place this notification in all
preliminary reports:
IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL
PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997,
PLEASE READ THE FOLLOWING:
Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for
Los Angeles County, a settlement agreement has been entered into that provides persons who
bought, sold or refinanced residential real property in the State of California between July 1, 1989
and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an
escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title
Company or Fidelity National Title Insurance Company, you have the following rights:
If one of these companies previously handled a residential escrow transaction for you that
involved residential real property in which a mortgage, promissory note, or similar debt instrument,
repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or
discharged and a reconveyance of that deed of trust was executed and was delivered to one of those
title companies for recording but was inadvertently not recorded, you have the right to request that a
release of obligation or reconveyance be recorded in accordance with the terms of the Settlement
Agreement.
To obtain this right you must:
(1) Establish to the satisfaction of the title company that you actually closed an escrow
between July 1, 1989 and February 28, 1997, which was handled by one of the above-listed title
insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a
duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of
trust was executed and was delivered for recordation to the title company that handled the prior
transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary
report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of
trust; and
(2) Request in writing the recording of a reconveyance or release of obligation in the event
that one inadvertently had not been previously recorded in the escrow transaction previously
handled by one of the above-named title companies.
KSS "09/07/98bk
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