HomeMy WebLinkAboutCP 04-02; LBC Project; Condo Permit (CP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT (FOR DEPARTMENT
USE ONLY) USE ONLY)
D Administrative Permit -2nd D Planned Industrial Permit
Dwelling Unit
D Administrative Variance D Planning Commission
Determination
D Coastal Development Permit D Precise Development Plan
D Conditional Use Permit D Redevelopment Permit
[Ef Condominium Permit ICP OLf -o.;z D Site Development Plan
D Environmental Impact D Special Use Permit
Assessment
D General Plan Amendment D Specific Plan
D Hillside Development Permit D +eAtative PaFeel Ma13 M.s u~~~-
Obtain from Engineering Department
D Local Coastal Plan Amendment D Tentative Tract Map
D Master Plan D Variance V QLj-() ~
D Non-Residential Planned D Zone Change
Development ~ D Planned Development Permit List other applications not ~ specified
2) ASSESSOR PARCEL NO(S).: 2. 0 :J-ISO~ I 5 ---------------------------------------------------------
3) PROJECT NAME: L e.c f>!f!o:J£cl ---=~---------------------------------------------------
4) BRIEF DESCRIPTION OF PROJECT: lfJ£W 'TH!fe£ ?TO/t';:? ,l[51P£N'TIA(._ Co.N!)O T;;vPt..€X
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
,.rc: r<. sy ;:.-1.-E.WAK. OWtJ~ c~ ~Pt..-1 cA-rJT
MAILING ADDRESS t, q 5' 4 s;. UN VA(..t'b=t ~"lL MAILING ADDRESS
D~L M~R eft g,.,olt.f --
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
1) t=-L,. f\.{M( ~ -q ~;;; ~ ~-r; (as?>) 4'1>1-147=1 . --
\
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATIONvr~ ANO CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
~E . c£ CORRECT TO THE BEST OF MY KNOWLEDGE.
\_.. '7..-:1 ?.., . -;.:(fltlv 6. l o ~-
f s!j5NI~:'fU~E DATE SIGNATURE DATE
• .... / \,j
7) BRIEF LEGAL DESCRIPTION L07 '3 1 ot= 'TRACT t>eSCR I* D IN MAf AJo. ~/b2
DEv0L(Q3Lf
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M . .
Form 16 Rev. 05/03 PAGE 1 OF 2
8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE cAsT SIDE OF C:..o ve: r:>l!. ~
(NORTH, SOUTH, EAST, WEST)
'----------_j
(NAME OF STREET)
BETWEEN AI\ID
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENT AGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
DATE FEE PAID
Form 16 Rev. 05/03
[TI 11) NUMBER OF EXISTING ~12) PROPOSED NUMBER OF [!] RESIDENTIAL UNITS RESIDENTIAL UNITS
EJAJOrt!14) PROPOSED IND OFFICE/ 015) PROPOSED COMM D SQUARE FOOTAGE SQUARE FOOTAGE
017) PROPOSEDINCREASEIN ·D 18) PROPOSED SEWER D ADT USAGE IN EDU
~20) EXISTING GENERAL
PLAN
jf.,W 123) PROPOSED ZONING
FEE REQUIRED
1~21) PROPOSED GENERAL
PLAN DESIGNATION
D
RECEIVED
MAR 2 2 2004
CITY OF CARLSBAD
PLANNING DEPT.
D
DATE STAMP APPLICATION RECEIVED
RECEIPT NO. .__I __ ]
PAGE 2 OF 2
City of Carlsbad
I QfJ.J,Ji,t.M •X:J ·fi 31, .t§ ,J I
DISCLOSURE ST A TEMEI\'T
Applicant's statement or disclosure of certain ownership interests on all applications wh1ch will requ1re
discretipnary action on the part of the City Council or any appointed Board. CommissiOn or C ommlttee.
The following information MUST be disclosed at the time of application submittal. Your pro_1ect cannot
be reviewed until this information IS completed. Please print.
Note:
Person is defmed as "Any individual, finn, co-partnership, joint venture, assoctatlon, 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 publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.) ferso~ .
Person ...1 ~ R zy -' L EWA )( E'bl:p;Tiart 7ToLA.NIA L.EWA";c.
Title b C<] If £ R Title 0 w !'! eg_,
Address_frl iJ 5: 1+ ,S.v{4 v:_A_\.LC~ f21) .• Address ft fit c;;tf cS q_ fY-VAU6~ f2j) ~
·I> EL-. M~ e~ tJ ~ o l.'t ··· :v· E-(....., 'f.l +R · ~ c.+···1!'2o i4
2. 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.)
PeYS:>n ~-Person ..1 E f z_y ' . L E. WA~ ~t'fl1f.Pal"t ~, 0 LA N'TA. L £ W A 1<:
Title O{g) tl'J::f.?. Title 0 lV'iJ &t<__ ..
Address If t!{t;:l.f > u N Vtt LL§i_RD w Address 4-j, lr \.t ,·~u _tJ~ v ~ l..L.. e~" Ro (I
J) '~L 1-fA-{<. tlf ,£0-\'f:; ]};::L· -~tkt~ .. tA--. q .2cO f -t:r
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (i)
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above IS a nonprofit organization or a rrust. 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 ________ _ Non Profit 'Trust ------------------Title ____________ _ Title
Address ___________ _ Address ________________ _
4. 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?
DYes [K] 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.
{~ 6t-<.JNE}t_ 1 ~ At??L 1 c!Wr-
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\DJSCLOSURE STATEMENT 5/98
PROJECT DESCRIPTION/EXPLANATION
(
PROJECTNAME: ----~L~B_c ___ P_~_o_J __ £_c_T ______________ ~---------
" APPLICANT NAME: __ ,j_E:_I2.Z~1r·_ .•. -_· ___ L_E_w_A_K __________ _
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.
'-D~scription/Explanation:
The proposed project is a two unit single family residential condominium building. The
building is located on a essentially flat site along the Cove. ·
Garages will be on the first floor facing Cove drive, a joint use boat dock is accessed from
the back terrace of either unit.
The structure is three stories of type V construction with a fire and sound transmission rated
common wall between the vertically divided units. Roofs are "level" (sloping a minimum of
1 /4" per foot
Each unit will have living, dining and kitchen on the first floor, two bedrooms and a family
room on the second floor and a master bedroom suite on the third floor.
There are decks on all three levels in the rear of the units and a second floor balcony in front.
Each unit has a 1 car garage/storage and a second parking space in tandem in front of the
garage. A fifth parking space is available for joint use of both unit owners.
Project Description 1 0/96 Paae 1 of 1
PlEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will s~t upon t~e date~~ the completion letter.
I J~ {\ /:~ # :::::c:::n::::::ure: 7P~A~~
l,./
Date:
To be stapled with receipt to application
Copy for file
PlEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will st~ .. t up.o he da.te of the completion letter .
. / "/!{\ h / Applicant Signature: /.,·..-T~«J?P~
// _,/'_,.,. /
,{ ./ Staff Signature:
Date:
To be stapled with receipt to application
Copy for file
FROM :CUSD BUSINESS SERVICES, FAX NO. :7607290948 Dec. 15 2003 12:48PM P2
arlsbad Unified School District
6225 El Camino Real, Carlsbad, CA 92009 (760) 331-5000
December 1 0, 2003
State of California
Department of Real Hstate
320 West Fourth Street, Suite 350
Los Angeles, CA 90013-1105
Re; Project Name:
Developer:
Assessors Parcel Number:
Location:
Project Size:
CBC Project
Jcrzcy Lewak
207-150-15
Cove Dr. Lot 31
Two new, three-story residential condo duplex, 2,160 sf and 2,284 st;
totaling 4,444 sf
Carlsbad Unified School District has reviewed the above pT'oject and its impact on school attendance areas in this
District. At this time, the schools of attendance for this project are:
Kelly Elementary School (K-6)
4885 Kelly Drive
Carlsbad, CA 92008
(760) 331.·5800
Valley Middle School (7·8)
1645 Magnolia A venue
Carlsbad, CA 92008
(760) 331-5300
Carlsbad High School (9-12)
3557 Monroe Street
Carlsbad, CA 92008
(760) 331-5100
The Governing Board wishes to advise the Department of Real Estate and residents of Carlsbad that. at present the
Carlsbad Unified School bist.rict elementary schools are operating at full capacity. It is possible, therefore, that the
students generated from this project may not attend the closest neighborhood school due to overcrowdel! conditions
and, in fact, may attend school acros,<; town. You should also be aware that there are no school buses for regular
student transportation from home to school. ·
The Governing Bo&rd wishes to also inform you that conditions imposed upon new development within the City of
Carlsbad require mitigation of school impacts.
eemnn
uperintendent, Business Services
cc: Robct·to Morfin, Zijlstra Architecture
STATEMENT OF AGREEME~
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact
Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time
limits are often exceeded. If you wish to have your application processed concurrently,
this agreement must be signed by the Applicant or his agent. If you choose not to sign
the statement, the City will not accept your application for the Tentative Parcel Map until
all prior necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may
exceed the time limits; therefore, the Undersigned agrees to extend the time limits for
City Engineer action and fully concurs with any extensions of time up to one (1) year
from the date the application was accepted as complete to properly review all of the
applications.
Name (please print)
Statement ol Agreement Tentative Parcel Map
Date
Relationship to Application
(Property Owner/Agent)
City of Carlsbad I :;J fi ,j •• I ,j. I •lfJ ·1:1; I I .t§ ,j I
HAZARDOUS WASTE AND SUBSTANCES STATEl\IE!\'"T
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one):
g' The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application are contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: J &r<.. 2.... '( LAS W A-(<
Address: 4151-CSUi\l VA:LLBY .1<-D
D ~c .fvl A-¥-C-A. 9 ~o 14-
Phone Number: &s<6) ±B I ..:; l£31
PROPERTY OWNER
Name:
;, ~Jr h r Yl J ll'll·L·Lr-' c>:'\ Address. PJ--:;;::; i ~v 1\J"N "t t:~ \-JJ ____ _
J:> E L ·i\;f k({_ EA .tg ~@ 1 '+,.
Phone Number: ( ~S z) 4 2 J -J4 -=1 f
Address of Site: __ #,__S4_._=i_C...._..::;o_V---'-E __ D_'R_· _C_A-__ · -'--(<--'l;:;_S_~_A-.:.__i) __ C_A_c;:5-"=-20_'_o_,.~'-----
Local Agency (City and County): ___ c_A_~_L_~_f2:>_A_D_-=-'--~-A_N __ D_,_E"_G._o_c_o_v_AJ_-r_'1 __ _
Assessor's book, page, and parcel number: __ 2_0_1_-_J_S_o_-_1_S _____________ _
Specify list(s): ______________________________ _
Regulatory Identification Number: ________________________ _
Date ofList: _______________________________ _
Signature/Date
Admin!CoWJter!HazWaste
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @
The Hazardous Waste and Substances Sites (Cortese List) is a planning document
used by the State, local agencies and developers to comply with the California
Environmental Quality Act requirements in providing information about the location of
hazardous materials release sites. Government Code section 65962.5 requires the
California Environmental Protection Agency to develop at least annually an updated
Cortese List. Below is a list of agencies that maintain information regarding Hazardous
Waste and Substances Sites.
Department of Toxic Substances Control
www.dtsc.ca.gov/database/calsites
Calsites Hotline (916) 323-3400
State Water Resources Control Board
www.swrcb.ca.gov/cwphome/lustis
County of San Diego
Certified Unified Program Agency (CUPA)
Mike Dorsey
Chief, Hazardous Materials Division
Department of Environmental Health Services
Hazardous Materials Management Division
Mailing address:
P.O. Box 129261
San Diego, CA 92112-9261
(619) 338-2395
Call Duty Specialist for General Questions at (619) 338-2231 fax: {619) 338-2315
www.co.san-diego.ca.us
Integrated Waste Management Board
www.ciwmb.ca.gov
916-255-4021
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCUS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346
National Priorities List Sites in the United States
www .epa. gov/superfund/sites/npl/npl. htm
5/19/03
Zijlstra Architecture
7 3 1 S. H i g h w a y 1 0 1 S u i t e 1 L
So I a n a Be a c h, CA 9 2 0 7 5
Phone (8 58) 7 5 5-3 3 6 0, FA X (8 58 ) 7 5 5-6 59 4
E-Mail: Z3Beach@AOL.com
DESIGN GUIDELINES COMPLIANCE SUMMARY
City of Carlsbad Policies # 44 & # 66
Compliance of the proposed 2 unit condominium project with items 4,5,7,13 & 14
and one architectural guideline from numbers 1 through 3, is as follows:
4. Eight (8) different planes are provided with the front plane 36 ft from the
most backward plane.
5. Twelve (12) different planes are provided with the front plane 20ft from
the most backward plane.
7. All door and window frames are 2" recessed from the wall surface,
window sills project 1 1/2" out from the wall surface.
13 & 14. Only the front elevation is visible from a circulation element There are
6 design elements on the front elevation:
a. Columns.
b. Arched elements.
c. Dividing walls between balconies.
d. Parapets.
e. Exterior wood elements, i.e.garage doors.
f. Accent materials i.e. colored railings and colored tile window sills.
The guideline items 1 ,2 & 3 appear to be designed for detached single family
residences of maximum two stories. The proposed project is a 3 story 2 unit
condominium structure on a long and narrow lot (as all the properties on Cove
Drive are).
The intent of rules 1 ,2 & 3 appears to be the "stepping back" of the building mass
on the upper stories. The proposed project complies with that intent on the front
and the back sides. Creation of a "s~ngle story building ledge" along the sides of
the building would not only create undesirable proportioning of the building mass,
but would narrow the upper stories down to useless proportions.
DATE:
TO:
Zijlstra Architecture
7 3 1 S. H i g h w a y 1 0 1 , S t e . 1 L
Solana Beach, CA 92075
P h o n e ( 8 5 8 ) 7 5 5 - 3 3 6 0 , F A X (8 5 8 ) 7 5 5 - 6 5 9 4
TRANSMITTAL:
2/26/04
CITY OF CARLSBAD -PLANNING
COMPANY NAME: CITY OF CARLSBAD
ADDRESS: 1635 FARADAY AVE., CARLSBAD, CA92008
FROM: ROBERTO MORFIN
DOCUMENTS TRANSMITTED HEREWITH ARE DESCRIBED AS FOLLOWS:
1 Disclosure Statement
1 Land Use Review Application
1 Environmental Impact Assesment Form
2 Title Report
1 School District Availability Letter
1 Statement of Agreement to waive Tentative Parcel Map Time
Limits.
1 Hazardous Waste and Substance Statement form.
1 Design Guideline Compliance Summary.
4 Photographs of the Property.
1 Notice of Time Limits on Discretionary Applications Form.
1 Project Description /Explanation Sheet.
5 24x36 Copies of Tentative Map I Condominium Site Plan, First
Floorplan, Second Floorplan, Third Floorplan, Elevation 1 & 2,
folded to 9x12".
Landscape Concept Plan I Water Conservation Plan, folded to
9x12".
1 8 Y2uxll" Color Samples Board
1.. Soil report
FEB.23.2004 4=35PM SAN DIEGO PIRI NU.l:lbl t-'.1/l
CH/CA GO TITLE COMPANY
PRELIMINARY REPORT
Reference: BRADY to LEWAK
Regarding: LOT 31 COVE DRIVE
CARLSBAD. CA
Dated as of: August 29, 2002 at 7:30AfVI
Order No.: 28028773-P11
CHICAGO TITLE COMPANY hereby reports that It Is prepared to issue, or cause to be issued, as
of the date hereof, a Polley or Policies of Title Insurance describing the land and the estate o.t 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 E:x:ceptions and Exclusions from the 'Coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the
attached list of this report carefully. The exceptions and e)(cluslons are meant to provide you with notice of matters
which aro not covered under the term~ of title insurance policy and should be carefully considered. It fs Important to
note that this preliminary report Is not a written representation as to the condition of title and may not list all liens,
defl;;lcts 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 POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of8olicy of title insurance contemplated by this report is:
CALIF RNIA LAND TITLE ASSOCIATION STANDAFiD COVERAGE POLICY
Vislt Us On The Web: chioagotltle. oom
Title Department:
CHICAGO TITLE COMPANY
925"B"STREET
SAN DIEGO, CA92101
(619)544-6318 fax: (619)544·6264
Sandy Weber
TITLE OFFICER
WeberS@CIT.com
@
California Land Title Association
Your Ref:
BRADY to LEWAK
AmoWlt oflnsurance: $285,000.00
. Date of Policy: November 7, 2002
1. Name of Insured:
SCHEDULE A
at 4:59 PM
PolicyNo. 28028773
Premium: $1, 154. oo
Joint Protection
Pll
DENNIS R. BRADY AND MARTHA BRADY, HUSBAND AND WIFE AND LYNN H. TRISCH, AN UNMARRIED
WOMAN I ALL AS JOINT TENANTS
AND
JERZY LEWAK AND JOLANTA RENATA LEWAK, TRUSTEES OF THE JERZY LEWAK AND JOLANTA
RENATA LEWAK REVOCABLE LIVING TRUST DATED OCTOBER 2, 2000
2. The estate or interest in the land which is covered by this policy is:
A FEE AS TO PARCEL 1;
AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCELS 2 AND 3
3. Title to the estate or interest in the land is vested in:
JERZY LEWAK AND JOLANTA RENATA LEWAK, TRUSTEES OF THE JERZY LEWAK AND JOLANTA
RENATA LEWAK REVOCABLE LIVING TRUST DATED OCTOBER 2, 2000
4. The land referred to in this policy is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
This Policy valid only if Schedule B is attached.
J' ~<>TA88··10/13/95AA CHICAGO TITLE INSURANCE COMPANY
Policy No.
Page 1
PARCEL 1:
28028773 -Pll
DESCRIPTION
ALL OF LOT 31 OF THAT TRACT DESCRIBED IN MAP NO. 5162,IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963.
EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBO~ SUBSTANCES LYING BELOW A
DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF
SURFACE ENTRY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND
EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT
DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND
APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN
WITH THE LAND.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS
AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 1963,
WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED
PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS
SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME
PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST
5, 1966 AS FILE NO. 127577.
THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 74 AS SOON AS
CONSTRUCTION OF ANY WHARFAGE FACILITY IS INITIATED THEREIN SUCH WHARFAGE AREA, TO
WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE, IS ANY ONE OF THOSE DELINEATED IN
EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THE DECLARATION OF RESTRICTIONS AND
PROTECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE.
California Land Title Association Joint Protection
Your Ref: SCHEDULEB
BRADY to LEWAK Policy No. 28028 773 P11
EXCEPTIONS FROM COVERAGE
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:
PART I
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,
whetheror 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 public 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, encroachments, 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) reservatiCins or exceptions in 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.
PART II
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED
FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE.
AK 2. SECOND INSTALLMENT GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL
YEAR 2002-2003, IN THE AMOUNT OF $895.38.
c 3 . THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY,
MADE PURSUANT TO THE PROVISIONS OF PART 0.5, 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.
F 4. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS
TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS
ACCRETED TO· SUCH PORTION SO CREATED.
G 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
JNTPTB88·· 10/13/95AA
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JULY 8, 1963 AS FILE NO. 118499~ OFFICIAL RECORDS
THE SOUTHWESTERLY 25.0 FEET OF THE NORTHWESTERLY 2.5
FEET
CHICAGO TITLE INSURANCE COMPANY
Page 1
SCHEDULE B
{Continued)
POLICY NO. 28028773 Pll
H 6 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
PACIFIC TELEPHONE AND TELEGRAPH COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JULY 19, 1963 AS FILE NO. 127076, OFFICJ~ RECORDS
THE SOUTHWESTERLY 87 FEET OF THE NORTHWESTERLY 3 FEET
I 7. A DOCUMENT ENTITLED "AGREEMENT", DATED OCTOBER 15, 1964 EXECUTED BY PIRATE'S
COVE, INC., AND THE DIRECTOR OF PUBLIC HEALTH OF THE COUNTY OF SAN DIEGO,
SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED NOVEMBER 5, 1964 AS FILE NO. 202190, OFFICIAL RECORDS.
J 8. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT
OR RESTRICTION BASED ON RACE 1 COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST
HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT.
RECORDED: SEPTEMBER 17, 1965 AS FILE NO. 169268, OFFICIAL
RECORbS
K SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD
FAITH AND FOR VALUE.
L SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH
IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS OF
TRUST MADE IN GOOD FAITH AND FOR VALUE.
M NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FO:LLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,
FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY,
THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,
AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CPDE.
LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN
SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
N 9. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT
OR RESTRICTION BASED ON RAGE 1 COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST
SCHEDBC02/26/92-Irc
Page 2
SCHEDULE B
(Continued)
POLICY NO.
HANDICAPPED PERSONS} AS SET FORTH IN THE DOCUMENT.
28028773 Pll
RECORDED: AUGUST 5, 1966 AS FILE NO. 127577, OFFICIAL RECORDS
o SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD
FAITH AND FOR VALUE.
P MODIFICATION(S} OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED: OCTOBER 28, 1977 AS FILE NO. 77-447138, OFFICIAL
RECORDS
MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED: DECEMBER 6, 1983 AS FILE NO. 83-442993, OFFICIAL
RECORDS
R NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,
FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY,
THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,
AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE.
LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN
SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
s 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
SAN DIEGO GAS & ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
AFFECTS:
MARCH 17, 1967 AS FILE NO. 36713, OFFICIAL RECORDS
THE SOUTHWESTERLY 5.00 FEET
T 11. A EASEMENT FOR WHARFAGE AND MARINA ACCESS PURPOSES AND INCIDENTAL PURPOSES
AS RESERVED IN THE DEED RECORDED MAY 25, 1967 AS FILE NO. 74475, OFFICIAL
RECORDS IN FAVOR OF JANAS CORPORATION.
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED
IN SAID DOCUMENT.
u 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RI-GHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT
OWNERSHIP OF SAID EASEMENT)
SCHEOBC-o2/25/92·!re
Page 2
SCHEDULE B
(Continued)
POLICY NO.
HANDICAPPED PERSONS} AS SET FORTH IN THE DOCUMENT.
28028773 Pll
RECORDED: AUGUST 5, 1966 AS FILE NO. 127577, OFFICIAL RECORDS
o SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD
FAITH AND FOR VALUE.
P MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED: OCTOBER 28, 1977 AS FILE NO. 77-447138, OFFICIAL
RECORDS
MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED: DECEMBER 6, 1983 AS FILE NO. 83-442993, OFFICIAL
RECORDS
R NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,
FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY,
THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,
AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE.
LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN
SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
s 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS S3T
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS & ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
MARCH 17, 1967 AS FILE NO. 36713, OFFICIAL RECORDS
THE SOUTHWESTERLY 5.00 FEET
T 11. A EASEMENT FOR WHARFAGE AND MARINA ACCESS PURPOSES AND INCIDENTAL PURPOSES
AS RESERVED IN THE DEED RECORDED MAY 25, 1967 AS FILE NO. 74475, OFFICIAL
RECORDS IN FAVOR OF JANAS CORPORATION.
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED
IN SAID DOCUMENT.
u 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RI-GHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT
OWNERSHIP OF SAID EASEMENT}
SCHEDBC-o2/26/92-lt¢
Page 3
PURPOSE:
RECORDED:
AFFECTS:
SCHEDULE B
(Continued)
POLICY NO. 28028773 Pll
INGRESS AND EGRESS FOR SUCH PURPOSES, TOGETHER WITH
SUCH TREE MATERIALS EQUIPMENT
MAY 25, 1967 AS FILE NO. 74475, OFFICIAL RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MO~E FULLY DESCRIBED IN SAID DOCUMENT ..
v 13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
JANSS CORPORATION, A CORPORATION
TREE MAINTENANCE PURPOSES
OCTOBER 26, 1967 AS FILE NO. 166304, OFFICIAL RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AF 14. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AG END OF SCHEDULE B
AH SA
SCHEDBC-02/26/92-!rc
$228,000.00
OCTOBER 7, 2002
JERZY LEWAK AND JOLANTA RENATA LEWAK, TRUSTEES OF THE
JERZY LEWAK AND JOLANTA RENATA LEWAK REVOCABLE LIVING
TRUST DATED OCTOBER 2, 2000
CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION
DENNIS R. BRADY AND MARTHA BRADY, HUSBAND AND WIFE AND
LYNN H. TRISCH, AN UNMARRIED WOMAN, ALL AS JOINT
TENANTS
NOVEMBER 7, 2002 AS FILE NO. 2002-0999970, OFFICIAL
RECORDS
Page 3
PURPOSE:
RECORDED:
AFFECTS:
SCHEDULE B
(Continued)
POLICY NO. 28028773 Pll
INGRESS AND EGRESS FOR SUCH PURPOSES, TOGETHER WITH
SUCH TREE MATERIALS EQUIPMENT
MAY 25, 1967 AS FILE NO. 74475, OFFICIAL RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
v 13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
JANSS CORPORATION, A CORPORATION
TREE MAINTENANCE PURPOSES
OCTOBER 26, 1967 AS FILE NO. 166304, OFFICIAL RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AF 14 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW
AMOUNT:
DATED:
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
AG END OF SCHEDULE B
AH SA
'~HEDBC02/26/Q2-frc
$228,000.00
OCTOBER 7, 2002
JERZY LEWAK AND JOLANTA RENATA LEWAK, TRUSTEES OF THE
JERZY LEWAK AND JOLANTA RENATA LEWAK REVOCABLE LIVING
TRUST DATED OCTOBER 2, 2000
CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION
DENNIS R. BRADY AND MARTHA BRADY, HUSBAND AND WIFE AND
LYNN H. TRISCH, AN UNMARRIED WOMAN, ALL AS JOINT
TENANTS
NOVEMBER 7, 2002 AS FILE NO. 2002-0999970, OFFICIAL
RECORDS
SITE PHOTOS
LBC Project January ,2004
North East View
South West View
North West View
North West View
South East View
South East View
'o/ ZIJLSTRA
r --~
~~~~~~~~~~
LBC Project
COLOR SAMPLES
CEMENT PLASTER
VYNIL WINDOWS
DOORS
CERAMIC TILE AT SILL &
TILE PANELS, DOOR
FRAMES, ALUMINUM
REGLET AND RAILINGS.
Jul9, 2003