HomeMy WebLinkAboutCDP 98-58; Ross Residence; Coastal Development Permit (CDP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (C
| | Administrative Permit - 2nd
Dwelling Unit
JZT' Administrative Variance
&f Coastal Development Permit
Q Conditional Use Permit
Q Condominium Permit
Q Environmental Impact
Assessment
Q General Plan Amendment
Q Hillside Development Permit
Q Local Coastal Plan Amendment
Q Master Plan
[_j Non-Residential Planned
Development
Q Planned Development Permit
HECK BOXES)
(FOR DEPARTMENT
USE ONLY)
«0'<#
$-50
in Planned Industrial Permit
| | Planning Commission
Determination
I | Precise Development Plan
Q Redevelopment Permit
I | Site Development Plan
Q Special Use Permit
I | Specific Plan
|~1 Tentative Parcel Map
Obtain from Engineering Department
Q Tentative Tract Map
I | Variance
I | Zone Change
O List other applications not
specified
«
(FOR DEPARTMENT
USE ONLY)
2)
3)
4)
ASSESSOR PARCEL NO(S).:
PROJECT NAME:J)c?<-O AJ S
BRIEF DESCRIPTION OF PROJECT:/ /y
5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type)
cf
MAILING ADDRESS
36V &lu<t.
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF 'MY
KNOWLEDGE.
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
?/T/£y
DATE
<g,Xr>fcy
DATE
7) BRIEF LEGAL DESCRIPTION ( // L
~J>j V,
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 OF 2
8) , LOCATION OF PROJECT:
/ ON THE
BETWEEN
STREET ADDRESS
SIDE OF
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
1 9) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE IN
ADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
(NAME OF STREET)
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FOR^-THIS PURPOSE
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
CDP 7 yo
AUG 0 6 1998
ION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID
Form 16
RECEIPT NO.
PAGE 2 OF 2
A -;'
CITY OF CARLSBAD
1200 CARLSBAdDLLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
CKLI
REC'D FROM DATE
ACCOUNT NO.
RECEIPT NO. r!B'^
DESCRIPTION
TFT Qjtf <&?[*
3E7U [ , •••
NOT VALID UNLESS VALIDATED BY TOTAL
AMOUNT
^n n a
02
C-PRMT ^.W
-5V? /?^_V tx CX L-
Printed on recycled paper.CASH REGISTER
• i-.^i_.j'-siiJ....j,i.-....... .j JL- ji.;.. „..,.. .it'.*-^.. j.,...._- L...'.;^.l.-.t.._i-
M CITY OF CARLSBAD A
/ 1200 CARLSBAD TILLAGE DRIVE CARLSBAD, 6W.IFORNIA 92008
434-2867
REC'D FROM.DATE
ACCOUNT NO.
•
RECEIPT NO. 409 £1
DESCRIPTION
2
> !."' I • , .'
3 >0 08/06/91
; ;". /'; >, ! ;-•-'•- .. P /, -
NOT VALID UNLESS VALIDATED BY TOTAL
AMOUNT
i • t ' /" ) . - -
7£/g -
0001 01 02
y-FW^ / 6 "5°{ i?";''"r
.
j , C^5 oo
1 Printed on recycled paper.CASH REGISTER
+ SUPPLEMENTAL APPLICATION FORM FOR ALL
COASTAL DEVELOPMENT PERMITS
4 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.
1. 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: oc?
51^00 square feet x $78.00/sq. ft. = $ ^/0/ lnOO~
=> 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. = $
i
COST OF DEVELOPMENT ESTIMATE: $ ^l\0 AoOO^
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)
Form 15 10/97 Page 1 of 8 ,
C. Street address of proposed development
D. Assessor's Parcel Number of proposed development
E. Development Description:
1 . Briefly describe project: Pves. i
i l
"2. Estimated cost of development: IZ/Qy (oOd
F. Describe the present land uses (i.e. Vacant land, single family homes,
apartments, offices, etc.) that surround the proposed development to the:
North:
South:
East:
West:
G. Is project located within a 100 year flood plain? [ | Yes JxTNo
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? Q Yes
If yes, please describe.
B. Will any existing structure be removed/demolished? | | Yes J2^^ ^o
If yes to either question, describe the extent of the demolition or removal,
including the relocation site, if applicable (also show on plans).
III. LOT COVERAGE
A. Existing and Proposed
Existing New Proposed Total
Building Coverage $ sg. ft. I Olb sg. ft. 10 / k sg. ft.
Landscaped Area J& sg. ft. 3)^7 sq. ft. 3»/3y sq. ft.
Hardscape Area /jf ft o^/j SQ ft 957) fts^ ^M' I —XLx JH * / ,x y ^M • i *••
Unimproved Area / s
(Left Natural) ^IQQ sq.ft. 0 sg. ft. >0 sq. ft.
Form 15 10/97 Page 2 of 8
B. Parking: Number of existing spaces
Number of new spaces proposed (o
Existing/Proposed TOTAL: 0 / (0
Number of total spaces required .2"
Number of covered spaces _ 2
Number of uncovered spaces
Number of standard spaces
Number of compact spaces
Is tandem parking existing? | | Yes # _ [sffto
Is tandem parking proposed? | | Yes # _ JxflMo
C. Grade Alteration:
Is any grading proposed? Q Yes Q No
If yes, please complete the following:
1. Amount of cut _ cu. yds.
2. Amount of fill _ cu. yds.
3. Maximum height of fill slope _ feet
4. Maximum height of cut slope _ feet
5. Amount of import or export _ cu. yds.
6. Location of borrow or disposal site _
Form 15 10/97 Page 3 of 8
IV. ENVIRONMENTAL REVIEW
Submit Environmental Impact Assessment (EIA) Part I with Regular Coastal
Development Permits; check with Planning Staff regarding Minor Coastal Development
Permits and Single Family Regular Coastal Development Permits for any environmental
review requirements.
V. GENERAL APPLICATION REQUIREMENTS
(For Single Family Regular and Minor Coastal Development Permits; Regular
Coastal Development Permits covered under separate handout)
A. Site Plan: Four (4) copies for a Minor Coastal Development Permit, four (4)
copies for a Single Family Regular Coastal Development Permit prepared on a
24" x 36 sheet(s) folded to 8Y2" x 11". The site plan shall include the following
information:
1. General
a. Name and address of applicant, engineer and/or architect, etc.
b. Location, size and use of all easements.
c. Dimensions and locations of: access, both pedestrian and vehicular,
showing service areas and points on ingress and egress, off-street
parking and loading areas showing location, number and typical
dimension of spaces, and wheel stops.
d. Distance between building and/or structures.
e. Building setbacks (front, rear and sides).
f. Location, height and materials of walls and fences.
g. Dimensions/location of signs.
h. A summary table indicating the following information (if applicable to the
application):
(1) Site acreage
(2) Existing zone and land use
(3) Proposed land use
(4) Total building coverage
(5) Building square footage
(6) Percent landscaping
(7) Number of parking spaces
(8) Square footage of open/recreational space (if applicable)
(9) Cubic footage of storage space (if applicable)
B. Building elevations (all sides of all buildings) and floor plans: Four (4) copies for
a Minor Coastal Development Permit and four (4) copies for a Single Family
Regular Coastal Development Permit, prepared on 24" x 36" sheets folded to
814" x 11" size. The building and floor plans shall include the following:
1. Location and size of storage areas (if applicable)
2. All buildings, structure, walls and/or fences, signs and exterior lights.
3. Existing and proposed construction.
C. Grading and Drainage: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be
included. Please consult the City Planning and Engineering Department
representative for a determination on any grading plan geotechnical
Form 15 10/97 Page 4 of 8
requirements if the project is in an overlay zone. The following information shall
be submitted at a minimum:
1. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals
for slopes between 5% and 10%; and 5' intervals for slopes over 10%
(both existing and proposed). Existing and proposed topographic
contours within 100' perimeter of the boundaries of the site. Existing
onsite trees; those to be removed and those to be saved.
2. Earthwork volumes; cut, fill, import and export.
3. Spot elevations at the corners of each pad.
4. Method of draining each lot. Include a typical cross section taken parallel
to the frontage for lots with less than standard frontage.
5. Location, width and/or size of all watercourses and drainage facilities
within and adjacent to the proposed subdivision. Show location and
approximate size of any proposed detention/retention basins.
6. Clearly show and label 100 year flood line for the before and after
conditions for any project which is within or adjacent to a FEMA flood
plain.
D. Reduced site plan: One (1) copy of 8Yz" x 11". (Not required for Single Family
Residence).
E. Location Map: One (1) copy of 814" x 11" (suggested scale 200" - vicinity maps
on the site plan are not acceptable).
F. Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is
the Applicant's responsibility to bring one (1) copy of a colored site plan and one
(1) copy of a colored elevation to the Planning Department by 12:00 noon,
eight (8) days prior to the Planning Commission meeting. Do not mount
exhibits.
VI. REQUIRED DOCUMENTS
A. Land Use Review Application Form
B. Completed Coastal Development Supplemental Application Form
C. Disclosure Statement
D. Completed "Project Description/Explanation" Sheet
E. Title Report (required for sites in Coastal Commission Appeal Area)
VII. OTHER REQUIREMENTS
A. Property Owners List and Address Labels
NOTE: When the application is tentatively scheduled to be heard by the
decision making body, the project planner will contact the applicant and advise
him to submit the radius map, two (2) sets of the property owners list and
labels. The applicant shall be required to sign a statement certifying that the
information provided represents the latest equalized assessment rolls from the
San Diego County Assessor's Office. The project will NOT go forward until this
information is received.
Form 15 10/97 Page 5 of 8
1. A typewritten list of the names and addresses of all property owners
within a 600' radius of subject property (including the applicant and/or
owner). The list shall include the San Diego County Assessor's parcel
number from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a
600' radius of the subject property. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address
other than single family residence, an apartment, suite or building number
must be included on a separate line. DO NOT include it on the street
address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS
ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW
(TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH
123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3
Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE
Carlsbad, CA 92008 CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1"=200' showing each
lot within 600' of exterior boundaries of the subject property. Each of
these lots shall be consecutively numbered and correspond with the
property owners list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is impractical.
4. 100' Radius Occupants/Address List and Labels (for coastal
zone/CDPs only): One (1) list of the occupants/addresses located within
a 100' radius of the project site; and two (2) sets of labels (as described
in "A" above) of the addresses within a 100' radius.
B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount.
VIII. SPECIFIC APPLICATION REQUIREMENTS
(May apply to single family, regular and minor coastal development permits)
Coastal Overlay Zones require additional information to be submitted as follows: (refer
to the Municipal Code for a full description):
A. Coastal Agriculture Overlay Zone
1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific
requirements.
B. Coastal Resource Protection Overlay Zone
1. Slope analysis/mapping for 25% and greater subject to Section
21.203.040 of the Carlsbad Municipal Code.
2. Topographic and vegetation mapping/analysis subject to Subsection
21.203.040(B)(1) of the Carlsbad Municipal Code, if project is located
Form 15 10/97 Page 6 of 8
along the first row of lots bordering Buena Vista Lagoon including the
Lagoon mouth.
3. Topographic, drainage and wetland mapping subject to Subsections
21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located
east of Interstate 5 in the Batiquitos Lagoon watershed.
4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad
Municipal Code if project is located west of existing Paseo del Norte,
west of Interstate 5 or along El Camino Real immediately upstream of
existing storm drains.
5. Geologic report addressing landslides and slope stability subject to
Subsection 21.203.040(B)(4) of the Carlsbad Municipal Code.
6. Geologic report addressing land slides and seismic hazards subject to
Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code.
C. Coastal Shoreline Development Overlay Zone
1. Geotechnical report subject to 21.204.110 if project is located adjacent to
an existing seabluff edge between the sea and the first public road
parallel to the sea; also may be required by Planning Director if deemed
necessary consistent with Section 21.204.110 of the Carlsbad Municipal
Code.
2. Show all structures and decks on adjacent north and south properties to
perform "stringline" test subject to Subsection 21.204.050(6) of the
Carlsbad Municipal Code.
3. Unless otherwise submitted project in this zone must also be submitted
with plans showing:
a. Boundaries and topography
b. Existing and proposed structures
c. Circulation
d. Drainage
e. Finished topography
f. Landscaping
D. Coastal Resource Overlay Zone Mello I LCP Segment
1. Erosion, sedimentation and drainage report subject to Section
21.205.060 of the Carlsbad Municipal Code if project is located in the
Batiquitos Lagoon watershed.
IX. REQUIRED COASTAL PERMIT FINDINGS
Approval of a regular or minor coastal development permit is based on the ability to
make three coastal related findings. These three findings are presented below for your
review and information.
1. That the proposed development is in conformance with the Certified Local
Coastal Program and all applicable policies.
2. That the development is in conformity with the public access and public
recreation policies of Chapter 3 of the Coastal Act.
Form 15 10/97 Page 7 of 8 A
3. That the development conforms with any applicable decision pertinent to this
proposal and/or site as set by the Coastal Commission on a previously related
appeals decision per Public Resources Code §30604(c).
Form 15 10/97 Page 8 of 8
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1 . APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person
Title
t A-fJ
0 U> ^ &*-
Coil-et 8>\UtL#l(H
Corp/Part
Title O<^ M &%* / frl fC+K,l-~
AddressAddress
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part
Title
<z$> /*r
Address g(uJL$l0l Address 3<blc/
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (76O) 438-1161 - FAX (760) 438-O894
J.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust.
Title
Non Profit/Trust.
Title
Address Address
Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes /No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
ranature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
PROJECT DESCRIPTION/EXPLANATION
^ /V
PROJECT NAME: L&- Co $4^* DtfU/ A. ^
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
AME0MENT TO ESCROW INSTRUCTIONS
TO: CHICAGO TITLE COMPANY, licensed by the California Department of Insurance
5050 AVENIDA ENCINAS, SUITE 100, CARLSBAD, CA 92008
(619)431 -3777 Fax (619)431 -5456
Escrow No. 7866209 - N55 Escrow Officer KATHRYN EVANS Date March 3,1997
Property: Apn#2140221000, Ponto Dr.. Carlsbad, CA uUYtnS COPY
1 • Your original escrow instructions dated February 24,1997 and any amendments and/or supplements thereto, are
2- hereby amended and/or supplemented as set forth herein:
3.
4- TAX SERVICE
5.
6. At close of escrow, order a Tax Service Contract for benefit of the Seller, the cost therefore to be paid by the Buyer
7- through Escrow.
8.
9- On or before March 17,1997, Buyer is to remove all contingencies. Silence on the part of the Buyer shall be deemed
10. removal of all contingencies.
11.
12. Any and all reference to Carl Verrips, as a seller in this transaction, is hereby deleted in its entirety.
13.
14.
15.
16.
17. ALL OTHER TERMS AND CONDITIONS ARE TO REMAIN THE SAME.
18.
19.
20.
21.
22. Anne Alsop-Verrips Brian Ross
23.
24.
25.
26.
27. Carl Verrips Teresa Ross
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
CHICAGO TITTE COMPANY
(619) 431-3777 Fax (619) 431-5456
March 3, 1997
TO: KATHRYN EVANS
CHICAGO TITLE COMPANY
5050 AVENIDA ENCINAS, SUITE 100
CARLSBAD, CA 92008
BUYERS COPY
Escrow No. 7866209 - N55
Property Apn#214 0221000, Ponto Dr., Carlsbad, CA
I acknowledge having read and received a copy of the preliminary report
issued by Continental Lawyers Title Company
and dated as of February 24. 1997 and approve the Policy of Title
Insurance to be issued to me as required by my instructions to include, as
encumbrances therein, Items No. 1,3.4.5.6,7.8
of said report, in addition to those specific items described in my escrow
instructions or created by me.
In addition to the above, I hereby approve the legal description shown in
Schedule A of said report.
Date signed:
Brian Ross
Teresa Ross
PflEAPP -07/07/96bK
CONTINENTAL LAWYERS TITLE COMPANY
A Wholly Owned Subsidiary of
Lawyers Title Insurance Corporation
4542 Ruffner Street, Suite 200, San Diego, CA 92111
Telephone (619) 278-4171
BUYERS COPY
Chicago Title Escrow/Noble Division
5050 Avenida Encinas, #100
Carlsbad, California
Attention: Kay
Your NO.:
Our No.:
7866209-N55/ROSS
222130-04
Dated as of February 24, 1997 at 7:30 a.m.
In response to the above referenced application for a Policy of Title Insurance,
CONTINENTAL LAWYERS TITLE COMPANY, A California Corporation
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof,
a Lawyers Title Insurance Corporation 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 cover sheet. Copies of the Policy forms should be read. They are
available from the office which issued this report.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO IN SCHEDULE B OF THIS REPORT AND THE EX-
CEPTIONS AND EXCLUSIONS SET FORTH IN THE COVER SHEET ATTACHED TO 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 CON-
SIDERED.
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.
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.
The form of Policy of Title Insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy - 1990
2. American Land Title Association Owner's Policy (10-17-92)
3. American Land Title Association Residential Tijje Insurance Policy
(6-1-87)
4. American Land Title Association Loan Policy £ 10-3/7-92)
[x]
[ 3
" • is§i
[ ]
Title Officer, Anita Walach, X#403 or 404
Title Unit's FAX (619) 279-9201
ORDER NO. : 222130-04
SCHEDULE A
The estate or interest in the land
by this report is:
a Fee
ref erred to
Title to said estate or interest at the date hereof is vested in:
Arme Alsop-Verrlps, a married woman as her sole and separate property
The land referred to in this report is situated in the State of California,
San Diego County, and is described as follows:
Lot 12, Block 23, La Costa Downs Unit No. 1, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 2013, filed in the
Office of the County Recorder of San Diego County, April 6, 1927.
Except all mineral rights as reserved in deed recorded din Book 1412, Page 386 of
Deeds.
END OF SCHEDULE A
ORDER NO.: 222130-04
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN AUDITION TO THE PRINTED EXCEPTIONS AND
EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE
AS FOLLOWS:
1. Property taxes, Including general and special taxes, personal property taxes,
if any, and any assessments collected with taxes, to be levied for the fiscal
year 1997-1998 which are a lien not yet payable.
2. Any delinquent taxes, bonds or assessments will be reported later.
3. Supplemental or escaped assessments of property taxes, if any, assessed
pursuant to the Revenue and Taxation Code of the State of California.
4. The lien of a "Special Tax" pursuant to Government Code, Section 53328.3 and
Streets and Highways Code Section 3114.5 or other Community Facilities
Assessments, as provided by Municipal Code which is collected with the County
(and City) General and Special Taxes.
5. An easement for the purposes shown below and rights incidental thereto as
shown or as offered for dedication on the recorded map shown below.
Map No.: 2013
Purpose: Public utilities
Affects: as shown on said map
6. The privilege and right to extend and maintain drainage structures excavation
slopes at the ratio referred to below and 1-1/2 to 1 embankment slopes upon
all of those certain lot areas where said slopes or embankments or drainage
structures extend beyond the limits of the dedicated rights of way included
within the tract referred to below, wherever required for the construction and
maintenance of roadbeds occupying the full width of said portions, also the
privilege and right to plant and maintain grass, plants and/or trees en said
slopes for soil erosion protection of same, as set forth in the Owner's
Certificate on the map said tract.
Excavation Slopes
Ratio: not shown
Tract No.: 2013
7. An easement for the purpose shown below and rights incidental thereto as set
forth in a document
Purpose: Erecting and maintaining of pole lines, conduits and
pipe lines for telegraph and telephone purposes, as
well as for the transmission of electric energy and
for the carriage and transportation of water, and for
sewer and gas mains, together with the right of entry
for the purpose of constructing, operating, erecting,
repairing and maintaining the same
Recorded; February 1, 1928 in Book 1419, page 123 of Deeds
Affects: The exact location and/or extent of said easement is
not disclosed in the public records
ORDER NO.: 222130-04
SCHEDULE B (continued)
8. An easement for aerial and underground telegraph, telephone, and cxiiuiunication
structures and purposes incidental thereto as granted to Pacific Telephone and
Telegraph Company, by deed recorded January 24, 1995 as File/Page No. 1995-0031462
of Official Records.
Affects: The location of said easement is set forth in said
document.
Said deed recites: "Grantor covenants for himself, his successors and assigns, not
to place or maintain any building or structure on said easement."
Reference is made to said document for full particulars.
9. The community interest of the spouse of the vestee named below.
Vestee: Anne Alsop-Verrips
Note No. 2:
We will require a statement of information from the parties named below in order to
complete this report, based on the effect of documents, proceedings, liens, decrees,
or other matters which do not specifically describe said land, but which, if any do
exist, may affect the title or impose liens or encumbrances thereon.
Parties: Ross
(NOTE: The statement of information is necessary to complete the search and
examination of title under this order. Any title search includes mailers that are
indexed by name only, and having a completed statement of information assists the
Company in the elimination of certain matters which appear to involve the parties
but in fact affect another party with the same or similar name. Be assured that the
statement of information is essential and will be kept strictly confidential to this
file.)
Note No. 2:
This Company will require that the spouse of the vestee named below join in any
conveyance or encumbrance before such transaction can be insured.
Vestee: Anne Alsop-Verrips
ORDER NO.: 222130-04
SCHEDULE B (continued)
Note No. 3:
It is our understanding that the buyers in this transaction are:
Brian Ross and Teresa Ross
Please advise us immediately if the names are misspelled,, or if there are any other
parties not shown herein above.
Note No. 4:
Property taxes for the fiscal year shown below. For proration purposes the amounts
are:
Fiscal year: 1996-1997
1st Installment: $133.04 Paid
Penalty: $none
2nd Installment: $133.04 Paid
Penalty: $none
Exemption: $none
Land: $3,748.00
Improvements: $none
Personal Property: $none
Code Area: 09018
Assessor's No: 214-022-10-00
Note No. 5:
The charge for a policy of title insurance, when issued through this order, will be
based on the residential resale rate.
NOTE: Please be advised that the Company will require that the beneficiary or
beneficiaries sign an estimated closing cost statement (HUD-1) any time the Company is
presented for payoff a net proceeds demand or a demand in which the beneficiary or
beneficiaries are accepting for payoff less than the total amount owed.
ORDER NO.: 222130-04
SCHEDULE B (continued)
NOTICE
1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD
SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS"
ISSUE. FUNDS DEPOSITED BY:
2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT
DAY DISBURSEMENT BY DRAFT OR CHECK.
3. ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT.
4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY
PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS.
5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER
IMMEDIATELY.
FOR YOUR INFORMATION, EFFECTIVE MONDAY, APRIL 4, 1994, OUR WIRING INSTRUCTIONS WILL
BE AS FOLLOWS:
UNION BANK
530 "B" STREET
SAN DIEGO, CA 92101
ABA #122000496
ACCOUNT #9120000257
CREDIT: CONTINENTAL LAWYERS TITLE TRUST ACCOUNT
REF: ORDER NO.
TITLE OFFICER
END OF SCHEDULE B
LA COSTA DOWNS
SCALE-1 INCH- IOO PEETy9 ut I j
Ljof* sr afjtf fc e*r-& /•)•".*•/*'»/>t»-r» a/octr* ff. 2JfffOi£Si J%31. J* JJ.J+ ^»—'OJ-. t-a** a—W
1. CALIFORNIA LAN0ITLE ASSOCIATION STANDARD OARAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE^
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting 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 dimension:,
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 from a violation or alleged violation affecting the land has been recorded in the pubiic
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 affecting 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-
excluding 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 by the insured claimant.
(b) not known to the Company, not recorded in the public records at Date of Fblicy, but known to the insured claimant and not disclosed
in writing 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 Fblicy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value tor the insured mortgage
or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of 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 the applicable doing business laws of the state in which the
land is situated.
5 invalidity or unenforceabiliry of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced D.
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law,
6 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors
rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Parr 1
1. 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.
Proceedings by a public agency which may result in taxes or
assessments, or notices 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
pubiic records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, en-
croachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions ir,
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.
2. AMERICAN TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, at-
torneys' fees or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimen-
sions 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 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 affecting 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 excluding 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) "created, 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 writing 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 if the insured claimant had paid value for the estate
or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insued the estate or interest insured by this policy, by reason of the opera-
tion of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on:
(a) the transaction creating the estate or.interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
(b) the transaction creating thp estate or interest insured by this policy being deemed a preferential transfer except where the pre-
ferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to
a purchaser for val'je or c judg— ient or lien creditor.
1-01E (Rev. 2/93)