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HomeMy WebLinkAboutCT 81-16; VISTA SANTA FE UNIT 7; Engineering Application,-. . , -' .'\'0 • • SUBDIVISION MAP GUARANTEE REF: ~~~ unit 7 FEE: ~~ NO. : 200986-1 TITLE INSURANCE COMPANY OF MINNESOTA, a corporation REPRESENTED BY FOUNDERS TITLE COMPANY GUARANTEES THE CITY OF CARLSBAD IN THE SUM NOT EXCEEDING $1,000.00 THAT ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, CERTIFICATES CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP Of SAID LAND AND OFFERING FOR DEDICATION ANY STREETS, ROAD, AVENUES, AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDIVISION MAP AR~: SEE ATTACHED'EXHIBIT "A" THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LAND DESCRIBED AS: SEE ATTACHED EXHIBIT liB" D~ted: Nove~ber 1, 1994 TITLE INSURANCE COMPANY OF MINNESOTA REPRESENTED BY FOUNDERS TITLE COMPANY . .ASSISTANT SECRETARY • • EXHIBIT "A" HOMES BY ,POLYGON, a California Corporation, as Record Owner SAN DIEGO GAS ANP ELECTRIC COMPANY, a corporation, Holder of an easement Recorded October 29, 1971 as File No. 251349 of Official Records The signature of THE CITY OF CARLSBAD, Holder of an easement Recorded October 12, 1984 as File No. 84-387680 of Official Records, has been omi tt;ed under the provisions of Sec.tion 66436, subsection C-l of the Government Code. Their interest is such that it cannot ripen into a fee title and their signature is not required by the governing body. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a' California Corporation, formerly TITLE INSURANCE AND TRUST COMPANY, a California Corporation, as Trustee under Deed of Trust Recorded October 25, 1984, as File No. 84-403302 of Official Reeords. • • ~" EXHIBIT "B" That portion of Lot 9 of RANCHO LAS 'ENCINITAS, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 848, filed in the office of the Couhty Recorder of San Diego County, being more particularly describ.ed as follows: ' Commencing at the Sou'thwesterly corner of said Lot 9 ; thence along the Southerly line thereof, North 87° 38' 31" East 1429.71 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line, North 2° 21' 29" west 181.40 feet; thence North 35 0 OS' 54" West 184.00 feet; thence North 39° 38' 22" West 100.00 feet; thence North 500 21' 38" East 99.44 feet: thence North 39° 38' 22" West 220.66 feet; thertce North 53° 21' 03" East 152.50 feet; thence South 15~ 21' 00" East 58.74 feet: thence South 35 0 26' 45" Ea$t i02.00 feet; thence North 5~o 33" 15" East 120.37 feet: thence North 3.5 0 26' 45" West 100.00 feet: thence North 150 39' 52" Wesf 57.~1 feet: thence North 54 0 37' 49" East 61.12 feet: thence ~otth 51° 01' 52" East 1£2.20 feet: thence North 62 0 02' 29" East 49.28 feet: thence South 82 0 56' 17" East 46.91 feet; thence South 72 0 00' 37" East '62'.53 feet: thence South 55° 16' 04" East 11.06 feet: thence South 73 0 39' 43" East 58.28' feet; thence South 62 0 44' 37" East 17.29 feet; thence South 83° 54' 34" East 54.38 feet; thence South 61 0 19' 22" East 1'0.29 feet; thence North 88 ° 53" 48'" East 66.70 feet; thence North 86 ° 08' 38" East 71.23 feet;' thence North 74 0 la t 45" East 62.12 feet; thence South 10 0 07' 53" East 94.81 feet; thence South 6 0 10' 02;' East 69.81 feet; thence South 20 44' '54" East -69.81 feet; thence South 0° 31' 48" West 86.47 feet; t-hence North 80 0 29' 02" East 12.10 feet; thence South 9 0, 30' 58 1• East 166.00 feei; thence North 84 0 21' 36" East 61.64 feet; thence North 78 0 56' 31" East 177.36 feet to a point on the 'arc of a non-tangent 870.00 foot radius curve concave Westerly, a radial line to s'aid point bears South 76 ° 40' 32" East; thence Southerly along the ~rc of said curve throuOh a central angle of 50 01' 09", a distance of 76.21 feet; thence non-tange'nt to said curve, South 63 0 37' 05" West 925.32 feet; thence South 870 38' 31" West 114.29 feet to the TRUE POINT OF BEGINNING. This legal description is certified to, be a true and correct per imeter descr iption of the Subdivision Map krtown as CARLSBAD TR. 81-16, UNIT 7. FOUNDERS TITLE COMPANY • • FOUNDERS TlTLE COMPANY 1843 HOTEL CIRCLE SOUTH, SUITE 100 'SAN DIEGO, CALIFORNIA 92108 ('619) 296-8300' , AMENDED PRELIMINARY TITLE REPORT HOMES BY POLYGON 3152 REDHILL AVENUE, SUITE 100 COSTA MESA, CA. Attention: AGNES DEMPSTER Your Ref: Carlsbad Tr. 81-16, Unit 7 Dur No.: 200986-1 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO IS'SUE, OR CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBED THE LAND AND THE ESTATE OR INTERES'l' 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 BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDIT~ONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID' POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD, BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 'THIS RE'PORT (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. DATED: Novf?mp'er 1, 1984 at 7:30 A. M. TITLE OFFICER fju -. • THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLA~ED BY THIS REPORr IS: A PRELIMINARY TITLE REPORT AND SUBDIVISION GUARANTEE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED -OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: HOMES BY POLYGON, a California bQrporatiQn THE LAND REFERRED TO IN THIS REPORT 1.5 SITUATED-IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND'IS DESCRIBED AS FOLLOWS:- SEE ATTACHED DESCRIPTION • • DESCRIPTION That portion of Lot 9 of RANCHO LAS ENC~NITAS, in the City of Carlsbad, County of San Diego, State of California, accord'ing to the Map thereof No. 848, filed in the office of the County R~corder . of . San Diego County, being more particularly described as follows: Commencing at the Southwester 1y corner of said Lot 9; t.hence· along the Southerly line thereof, North 87° 38' 31" East 1429.71 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line, North 2° 21' 29" West 181.40 feet; thence North 35° 05' 54" West 1.84.00 feet; thence North 39° 38' 22" West 100.00 feet; thence North 50° 21' 38" East 99.44 feet: thence North 39° 38' 22" West 220.66 feet; thence North 53 ° 21' 03" East 152.50 feet; thence South 15 ° 21' ~O'' East 58.74 feet; thence South 35° 26' 45" East 102.00 feet; thence North 54° 33' 15" East 120.37 feet; thence North 3~0 26·' 45" West 100.00 feet: thence North 15 ° 39' 52" West 57.61 feet: thence North 54° 37' 49" East 61.12 feet; thence North 51° 01' 52" East 182.20 feet; thence North 62° 02' 29" East 49~28 feet; thence South 82° 56' 17" East 46.91 feet: thence South 72° 00' 37" 'East 62.53 'feet; thence South 5.5°'16' 04" East 11.06 feet; thence So~th 73 0 39' 43" East 58.28 feet~ thence' South 62 0 44' 37" East 17.29 feet; thence South 83° 54' 34" East 54.38 feet; thence South 61 0 19' 22" East 10.29 :'f'eet: thence North 88 0 53' 48" East 66. '70 feet i thence North 86 ° 08' 38" East 71.23 feet; thence North 74° 18' 45" East 62.12 feet; ·thence South 10 0 07' 53" East 94.81 feet; thence South 6° "10' 02" East 69.81 feet; thence South· 2°' 44' 54" East 69.81 feet; thence South 0° 31' .48" West 86.47 feet; thence North 80° 29' 02" East 12.10 feet; thence South 9° 3~' 58" East 166.00 feet; thence North 84° iI' 36" East 61.64 feet; thence North 78° 56' 31" East 177.36 feet to a point on the arc of a non-tangent 870.00 foot radius curve concave Westerly, a radial line to said point bears South 76° 40' 32" Ea~t; thence Southerly along the arc of said curve through a central angle of 5° 01' 09", a distance of 76.21 feet; thence non-tangent to said curve, South 63 0 37' 0.5" West 925.32 feet; thence South 87° 38' 31" West 114.29 feet to the TRUE POINT OF BEGINNING. This legal description is certified to be a true and' correct perimeter description of the Subdivision Map known as CARLSBAD TR. 81-16, UNIT 7. FOUNDERS TITLE COMPANY , , I . ) • • Order No. 200986-1 SCHEDULE B PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED· IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxe$ and any assessments collected with taxes, for the fiscal year 2. 1984-1985.· First Installment: Second Installment: NOW PAYABLE NOW PAYABLE, BUT NOT YET DUE supplemental taxes if any pursuant to Chapter 498 of the Statutes of 1983 of the State of California. 3. An easement for the purpose shown -below and the rights inci- dental thereto as-set forth in a docum~nt Granted to: Purpos'e: ,Recorded: File No.: Affects :, San Diego Gas and Electr fc " Company . poles, wires and anchorage for the transmission and" distribu .... tion of electricity and inci-,_" dental purposes October 29, 1971 251349 of Official Records The Southerly 4 feet of the herein described property Said deed recites: "Grantor covenants for himself, his suc- cessors and assi9ns, not to place or maintain any building or structure on said easement". ' 4. An Agreement to which reference is hereby made for full par- ticulars Dated: By and Between: Regarding: Recorded: File No.: July 8, 1981 DAON CORPORATION and the CITY OF CARLSBAD, a Municipal Corporation public facilities fees September 8, 1981 61-286818 of Official Records The exact location of said easement is not disclosed of record. By and Between: Regarding: 4It . -VAUN \...Urtt'u~J. J.Vl... ajjY \..u,,", "" ......... OF CARLSBAD payment of peiC facilities fee Recorded: File NQ.: June 16, 1982 .82-185683 of Official Records .6. An Agreement' to which reference is hereby made for f'u.ll par- ticulars Dated: By and Between: Regarding: Recorded: File No.: August 18, 1982 DAON CORPORATION and the CITY OF CARLSBAD drainage plan OctobE;!r 25, 1982 82-3273020£ Official Records 7. An Agreement to. which reference is hereby made for full par- ticulars Dated: By and Between: Regarding: _ Recorded: File No.: December 15, 1982 . DAON CORPORATION and the -CITY OF CARLSBAD payment of a public facilities fee January 7, 1983 83-006312 of Official RecOrds 8. An Agreement to which reference is hereby made for full par- ticulars Dated: BY and Between: Regarding: Recorded: File No.: September 8, 1983 DAON CORPORATION and the CITY OF CARLSBAD payment of a public facilities fee' - September 21, 1983 83-337167 of Official Records 9. An Agreement to whichreferenc~ is hereby made for full par- ticulars Dated: By and Between: Regarding: Recorded: File No. ': November 10, 1983 DAON CORPORATION, Corpora'tion and CORPORATION, a Corporation of a Delaware the POLYGON washington Option to Menlor andum Purchase November 10, 1983 "83-409716 of Official Records ') , J. • • SCHEDULE B CONTINUED: 10. An Agreement to which reference is hereby made for fll11 par- ticulars Dated: By and Between: Regarding: Recorded: File No.: December 5, 1983 .DAON CORPORATION and the CITY OF CARLSBAD, a Municipal Corporation payment of a public facilities fee January 21, 1984 . 84-25423 of Official ReOords 11. An Agreement to which reference is hereby made for full par- ticulars Dated: By and Between: Regarding: Recorded: File No.: . February 28, i984 . DAON CORPORATI.oN and the CITY OF ~ARLSBAD, a Municipal Corporation payment of a public facilities fee ,April 6, 1984 84-126622 of Official Records 1.2. An Agreement to which reference is hereby made fot full par.;;- ticulars D'ated: By and Between: Regarding: Recorded: File No.: February 23, 1984 DAON CORPORATION and the CITY OF CARLSBAD, a Municipal Corporation payment of public facilities fee April 17, 1984 84-140525 of Official Records 13. An easement for th~ purpose shown below and the rights incidental thereto as set forth in a document Granted to: Purpose:. Recorded: File No.: Affects: the CITY OF CARLSBAD, a Municipal Corporation road and public utility purposes october 12, 1984 84-387680 of Official Records as . more particularly descr i'bed. on said document Amount: Dated: Trustor: •• Trustee: Beneficiary: Recorded: File No.: $1,750,370.00 september 20, .4 THE POLYGON CO _ RATION TITLE INSURANCE AND TRUST COMPANY, a .California corporation DAON CORPORATION, a Delaware cor- poration october 25, 1984 84-403302 of Official Records covering this and OTHER PROPERTY. An assignment of the beneficial interest under said Deed of Trust, as Collateral Security, whi~h names As Assignee: Recorded: File No.: TRUSTEES OF THE CENTRAL STATES; SOUTHEAST AND SOUTHWEST AREAS PENSION FUND October 25, 1984 84-403303 of Official Records 15. No known matters otherwise appropri.ate to be shown have been deleted from this report, which 1S not a policy of title insurance, but a report to facilitate the issuance of a policy ot title insurance. Far purposes of policy issuance, no items may be eliminated on the basis of an indemnity agreement or other agreement satisfa'ctory to the company" as insurer. TAX INFORMATION: Fiscal Year: Code Area: Parcel No.: Land: First Installment: Second Installment: Fiscal Year: Code Area: Parcel No.: Land: First Installment: Second Installment: 1984-1985 9045 255-031-09 $2,232,099 .. 00 $12,095.52 OPEN· $12.,095.52 OPEN 1984-1985 9045 264-220-49 $1,287,750.00 $6,978.18 OPEN $6,978.18 OPEN • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~. . . J SCHEDULE I ~ -.. • • • ". • It • • • • • It It It It • It It It • • • • It • • • It • • It • • • • • • • • • • It • • • • • • • • • • • • • • • • • • .. • • • • • • • It It • It • • • It It -. It It • • .. It It It It It It C FORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1873 SCHEDULE B .- This policy does not Josure against loss or damage, nor against costs, attorneys' fees or expenses, any or all. of which arise by reason of the following: Part I 1. Taxes or assessments which are nol shown as existing liens by the records of any taxing a~ority 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 IUch proceedings, whether or not shown by the records of such agency or by the public records. . 2. Any facts, rights, interests or claMls which are not shown by the public records but whicfl co.uld be ascer- tained 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) reservatioris 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· ta in Sclledule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in th.is paragraph shall mOdify or limit the ectent to which the ordinary right of an abutting owner for access to a physically op~n street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (includ· ing but not limited to building arid zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or here· after erected on the land, or prohibiting a separation in ownership or a reduction in the dimensi.ons or area ~f the land, .or the effect of any violation of any such law, Ordi· nance or governmental ·regulation. S. Rights of eminent domain or governmental rights of police power unless notice of the 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 insured 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 in.terest insured by this policy or acquired the rnsured mortgage anc;1 not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here: under; (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 dar:nage which·would not have been sustain~d if the insured claimant had been a pu~· chaser or encumbrancer for value without knowle~ge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE-INSURANCE POLlCY-1979 EXCLUSIONS In addition to the exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental pOlice power,and the existence or violation of any law or government regul!5tion. This includes building and zoning ordinances and also laws and regulations concerning: land use . Improvements on the t.nd land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Coverec:t Title Risks. 2. The right to take the land by condemning It, unless a notice of taking.appears in the ~ublic records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you . that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date -this does not limit the labot and material lien coverage in Item 8 of Covered Title Risks ... Failure to pay value for your title. S. Lack of a right: to any land outside the area specifically described and referred to in Item 3 o~ Schedule A or in streets, alleys, or walerways that touch your land. , This exclusion does not limb the access coverage in Item S of Covered Title Risks. • • • • • • • • • • • • • • .. • • • • • • • • .. .' .. .. • • • ... • • • .. • .. .. • .. • • .. • · . .. •• .. • • .. • .-. .. • • • ... • .. • .. .. • • .. • ... • .. .. • • .. • • • • .. • • • • .. .. .. • • .. ............. , .....•........•..................•..............•....... nG 1038C (REV 711113) !. ••• i ••••••• ~ •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 4 ~, • ": • SCHEDULE I (Continued) • : ~ .. ". . • AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY-1970 • ,: WITH A.LT.A. ENDORSEMENT FORM'1 COVERAGE ':' • , (AMENDED 10·17·70) • : SCHEDULE OF EXCLUSIONS FROM COVERAGE : • • • • • • • '. .. • • • • • • • • • • • • • • • • • • • • • • . ' • • • • • • • • • • The following matters are expressly excluded f~om the coverage of this policy: 1. 2. 3. 4. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or"prohibitil'lg the occupancy, use or enjoyment of the land, or r,gulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit- ing a,separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola- tion of any such law, ordinance or governmental regulation. F\jghts of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances. adverse claims, or other matters (a) created, suffered, as~umed or agreed to by the insured clai,mant; (b) not known tpthe Company and not shown by the public recor9s 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 claim- ant 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 (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the ex,tent insurance is afforded herein as to assessments for street improvements under construction ot completed at Date of Policy). Unenforceability of the lien of the insured mortgage because of failure of the insured'at Date of Policy or of any subsequent owner of tne indebtedness to comply with applicable "doing business" laws of the state in which the landis situated. ' AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 (AMENDED 10·17·70) SCHEDULE OF ,EXCLUSIONS FROM COVE,RAGE ' : 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- • nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating • the character, dimensions or k>cationof any improvement now or hereafter erected on the land, or prohibit- • • • .' • ,. • • ... ... • • • • '. • • • ... • • • • • .' • • • .. • • .. .. • .. • • • • • :. .. • • • • • • • ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any : • violation of any such law, ordinance or governmental regulation. '. , • 2. Rights of eminent domain or governmental rights of pOlice power unless notice of the exercise of such • : rights appear In the public records at Date of Policy. ': ' • ' 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assu.med or agreed to • , : by the in,sured claimant; (b) not known to the Company and not shown by the P,ublic records but<known to : • the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by • • this policy and no't 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; (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. • , • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••••••••••••••••••••• i ••••••••••••••••••••••••••••••••••••• ~. FTG, 10311D (REV 7nM3)