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HomeMy WebLinkAboutCT 77-17; HAL POLLARD; Tentative Map (CT)Receipt No. APPLICATION NO. CARLSBAD TRACT 77-17 CITY OF CARLSBAD (Please Type or Print)Datej November 16, 1977 1. REQUEST: Tentative Subdivision Map for: Apartment to Condominium conversion. - ([.and division-, air space division- combination land and air space division) 2. LOCATION: The subject property is generally-located on t114e horth side of-Chinquapin —between Railroad Trac1çs and arfk&d,S 3. ASSESS-OR'S NUMBER: Book 206 Page 020 Parcel 28, 9,30. -Book Parcel (If more, please list on bottom of page). - 4. OWNER(S): Name Address Ci,y____Zip Phone Escondido Pines Associates, A Partnership t 4514nfle1St. San Diego, California 92109 (714) 579-7701 Hal Pol1ardanaging Agent 5. Person responsible for preparation of Map Name Address City Zip Phone Scherin, Einos & Assoc. 1400 Sixth Ave. $.n_fliegaCa 92lDl239 -9l58 Registration or License No.: E 22139 ­7 APPLICANTS SIGNATURE: f1 I hereby declare that all information contained within t1iis application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Address City Zip Phone - Hal Pollard, 10415 Fuerte Dr. La Mesa Ca. 92041 (714) 579-7701 Representing (Company or Corporation) Escondido Pines Associates, A Partnership Relationship to Property Owner(s) Managing Agent and Partial Owner The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans-prior to submittal.- This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental information Form - Planning 20. Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures - Planning 36 r OR, M: Planning 8 Date of Plnniq f'ommif;sion Approval • AME11 . -I Form No. 1084 (10/73) California Land Title Association Standard Coverage Policy Form Copyright 1973 ,'i 7'• 7'7/7 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSU RAN E COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown i Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorney 'fee and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary riproNn abutting owner for access to at least one physically open street or highway if the land, in f ct, a ts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of thesured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signeds/sealed by its duly authorized officers as of Date of Policy shown in Schedule A. I First American Title Insurance Company BY PRESIDENT ATTEST &2 751L_ SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Com- pany may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, de- visees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re- serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. (e) "knowledge": actual knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) "land": the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real property; provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy, (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After, any such acquisition the amount of insurance here- under, exclusive of costs, attorneys' fees and ex- penses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- mined under paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re- - quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever re- - quested by the Company, such insured shall give the Company, at the Company's expense, all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE - LIMITATION OF ACTION In addition to the notices required under Pare- graph 3 (b) of these Conditions and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish, such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as hereinprovided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- ness, plus interest thereon, provided such amount shall not include any additional principal indebted- ness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any loss insured against by this policy, all costs im- posed upon an insured in litigation carried on by - (Continued on inside back cover) Form Now 1084—A CLTA Standard Coverage Policy Copyright-1973 SCHEDULE A Total Fee for Title Search, Examination - and Title Insurance $_. 985.80 Amount of Insurance: $ 4601,000%00 Policy No. 746Z71-9 Date of Poliôy: 13, i977 at 8:00 A.L . 1. Name (if Insured: ESCONDID0. P]:NES ASSOCIATES, - a partnership 2. The estate or interest referred to herein is at Date of Policy vested in: ESCONDIDO PINES ASSOCIATES, a partnership 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: FEE: MID EASEMENT Form No. 1084— B CLTA Standard Coverage Policy I Copyright -- 1,914 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees Or expenses, any or all of what arise by reason of the following: - Part One: 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 hot 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 by making inquiry of 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) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental' regulation (including but not limited to building and zoning Ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the [and, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of tle exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. Part Two: if SEE roLLownG. PAGE, ITS I T'HRU 6 1, General and Jpeeial taxes for the fiscal year 1977-18, a lien, not yet pay*ble* 2. The recital contained on the Map of said land relinquishing jurisdiction And cqntrol over all pipes, poles or other structures, 'or work, trees and anything of whatever nature that may be upon, across or over the highways offered for dedication. 'r1ie reâital contained on the Map of said land which agrees to allow the croasarma of poles or similar structures place4 along the right of way of' certain highways to hang over the abutting land. 3. At easement for water ling and incidental purposes in favor of City of Carlsbad, recorded August 28, 1974 as File No. 74-234184 of Official Records, described as follows: An easement 15 feet wide lying 7.5 feet on each aide of the following described line, located in Parcel No. 2, Parcel Map No 2146: Beginning at a point in 'the Southeasterly line of said Parcel No. 2,' along the frontage on Chinquapin Avenue, said point being distant North 5527'00" East 2500 feet along said frontage from the moat Southerly corner of said Parcel to. 2; thence North 2118 1 00" West 186.00 feet to the terminus of said centerline. The Southerly terminus of the East and West boundary lines of this easement is the most Southerly lot line of said Parcel No. 2. 4. An easement for pipeline(s) and incidental purposes in favor of San Diego Gas & Electric Company, recorded September 24, 1974 as File No. 74-251268 of Official Records. Reference is made to said instrument for further particulars.. 5 An easement for underground communication and incidental purposes in favor of Patel, recorded November 20, 1974 as File No, 74- 305945 of Official Records. Said easement shall be located on strips of land four feet in width, the center lines of which are shown on Exhibit A on said Document recorded. Reference is made to said instrument for further particulars. 6. A Deed of Trust to secure an indebtedness of $345,000.00, recorded, march 18, 1977 as File No. 77-099078 of Official Records. DATED: March 7, 1977 TRUS0R: ESCONDIDO PINES ASSOCIATES, a partnership TRUSTEE; CO)OIWELTH M&NAGEMNT COMPANY, a California corporation BENEFICIARY: ALLSTATE SAVINGS AND LOAN ASSOCIATION, a California corporation S . . LEGAL DESCRIPTION Order NO. 746271-9 Parcel A: Parcel 2 of PARCEL MAP NO. 2146, in City of Carlsbad, County of San Diego, State of California, as filed in the San Diego County Recorder's Office on December 13, 1973. Parcel B: An Easement for road and public utility purposes and appurtenances thereto over, under, along and across the Northeasterly 20.00 feet of Parcel 1 of PARCEL MAP NO. 2146, in City of Carlsbad, County of San Diego, State of California, as filed in the San Diego County Recorder's Office on December 13, 1973. S INDORSEMENT I Attached to Policy No. 746271--9 Issued by First American Title Insurance Company This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as the principal dwelling structure located on said land together with all improvements thereon related to residential use of the property except plantings of any nature, perimeter fences and perimeter walls, and the term "Insured Owner" is defined as any insured named in paragraph 1 of Schedule A and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. 2. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of im- provement on said land, in progress or completed at the date of the policy, except those liens arising out of a work of improvement for which the insured has agreed to be responsible. b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of the Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any ease- ment shown as an exception in Part II of Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential struc- ture; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. C. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY CLTA Form 126.1 (6-5-75) One-Four Family S INDORSEMENT Attached to Policy No. 746271-9 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a. m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse- ment is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxi- mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex- ceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re- duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. iF First American Title Insurance Company e SWTRIPH 24, BY PRESIDENT BY ASSISTANT SECRETARY NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. 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Jr T' "4)1.1e57 445A,5 4f( .4'iQLSY ,c -- 50., CalW7Y ,45Z '. 1000NDITIONS AND STIPULATION• (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should resultfrom any act of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY - This instrument together with all endorse- - ments and other instruments, if any, attached here- - to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises Out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy. Nt + +++++ -++ First American Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA I - 2- +++ . -içi- + f . - + - - .,-- - :----- - * I c? POLICY OF TITLE INSURANCE cAMEj I CITY OF CARLSBAD 1200 ELM AVENUE e CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED F _DATE ArflFSS A/c. NO. DESCRIPTION AMOUNT 3CEd 1 • • _ 00 0286S TOTAL 4 - CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 729-1181 R ECIVED FROM DATE 77 ADDRESS A/C. NO. DESCRIPTION ,2 j AMOUNT 02826 TOTAL 1 1 7s--106 A e '•:--•• SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN SPECIAL USE PERMIT 1. Gross Acres (or square fbotage if less than acre) 56,125 S.F. 2. Number of Lots one 3. Type of Development Residential (Residential, Commercial, Industrial) 4. Present Zone RDM Proposed Zone SAME (if change requested) 5. General Plan Land Use Designation Medium Density Residential 6. Source of Water Supply Existing 7. Method of Sewage Disposal Existing 8. Types of Protective Covenants to be Recorded C.C.R's of Homeowners Association 9. Transportation Modes Available to Service the Development______ Car, Bus - 10. If residential development please complete the following: a) School District Serving the property CarlsbadUnified b) Are school facilities capable of serving this project: Yes (Written confirmation of this requirement must be received by the Planning Department at least one week prior to Planning Commission hearing. If not received by this time the request will be denied.) 11.. Methods proposed to reduce sound levels None. 12. Methods proposed to conserve energy None. Additional sheets may be attached if necessary to answer any of the above questions. 48-75 Planninq 20 Date of Planning Commission Approval_ _-- VIP STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps. This time limit can only be extended by the mutual concurrance of the applicant and the City. By accepting applications for tentative maps concurrently with other applications, in an attempt to speed up the overall pro- cess, the fifty (50) day time limit is 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 map until all prior necessary entitlements have been pro- cessed and approved. In either circumstance,. the City will process your request within the earliest time period, however, in no circumstance shall this delay be greater than 150 days from the day of submittal of appli- cation. The undersigned understands that the processing time required by the City may exceed fifty (50) days, therefore the undersigned agrees to extend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may he required to properly review all of my appli- cations in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. gnure M,qmW_.M ate (cr2 Hal Pollard, Nanagin me (Print) t and Partial Owner Relations (Property ip to 'Application Owner-Agent) FORM Planning 37 Date of Planninq Commission Approval j 4 )rderNO.744l93_9 46 Lour' No. WHEN RECORDED MAIL TO: Escondido Pines Associates 4514 Fanuel St., San Diego, Ca 92109 401 Car Is FILE/PAC E'L9.!.... BOOK 1977 RECORDED REQUEST OF FIRST AMERICAN TITLE CO. MAR 1 8 8:00 AM '77 OFFICIAL RECORDS SANQIEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER 4IOQ SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $....................................... same as above XXX Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remai ing at time of sale. 1st American TitleIns. Co. Signature of Declarant or Agent determining tax - Firm Name Tax Parcel 09000 206-020-28 GRANT DEED 1i<i\N3FER TAX PAID HARLEY F. BLOOM. RECflRDI FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DONALD BREIHAN and LOUTICIA BREIHAN, husband and wife hereby GRANT(S) to ESCONDIDO PINES ASSOCIATES, a partnership the real property in the City of Carlsbad County of San Diego , State of California, described as Parcel 2 of Parcel Map 1313, recorded February 16, 1973 as Recorder's File No. 73-042929 of Official Records, being a portion of Lot 4, Block "S" of PALISADES NO. 2, inthe City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of said County. Said land is more particularly described on the attached Exhibit "A": Dated_P!Pber 1, 1976 STATE OF CALIFORNIA COUNTY OF San Diego'J On before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Breihan and Louticia_Bjhan known to me to be the person __ whose nameS T...___.__.. subscribed to th within instrument and acknowledged that ey executed the same. WITNESS my hand and official seal. Signature u icia reihan o;FCl'. SEAl. J3 MARGARET A. LAME MOTA[r( PUBLIC cALIORNIA Princi3I Of lice, San Diego Co. Cajif. . 22,1978 My Corrin ission Exp- Oct (This area for official notarial seal) 1002 (10/69) 402 LEGAL DESCRIPTION EXHIBIT "A" Order NO -..746271-9 Parcel A: Parcel 2 of PARCEL MAP NO. 21.46, in City of Carlsbad, County of San Diego, State of California, as filed in the San Diego County Recorder's Office on December 13, 1973. Parcel B: An Easement for road and public utility purposes and appurtenances thereto over, under, along and across the Northeasterly 20.00 feet of Parcel 1 of PARCEL NAP NO. 2146, in City of Carlsbad, County of San Diego, State of California, as filed in the San Diego County Recorder's Office on December 13, 1973.