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HomeMy WebLinkAboutCT 85-08; MEADOWCREST; Tentative Map (CT)LANO USE PLANNING Af3 PLICAT1DN DISCRETIONARY ACTIONS REQUEST Zone Change Ospecif ic Plan CJ General Plan Amendment DSite Development Plan 5Tentative Tract Map DConditional Use Permit Major Planned Unit Development DVariance Master Plan CiPlanning Commission Determination El Major Redevelopment Permit DSpecial Use Permit El Minor Redevelopment Permit []Structure Relocation [:]Precise Development Plan E:IMajor Condominium Permit (check other boxes if appropriate) OCoastal Permit (Portion of Redevelopment Area Only) Complete Description of Project (attach additional sheets if necessary) 71 Unit tentative tract map and major planned unit development. Development Consists of 71 single family detached units ranging in size from 1200 square feet to 1650 squar feet. Legal Description (complete) SEE ATTACHED "A' Assessors Parcel Number Z2-l50-l4 Zone General Plan Existing Land Use RDM-Q RN VACANT Proposed Zone Proposed General Plan Site Acreage - - 16.5 ACRES Owner Applicant Name (Print or Type) Name (Print or Type) DAON CORPORATION DAON CORPORATION Mailing Address 'Mailing Address 5150 Avenida Encinas 5150 Avenida Encinas City and State Zip Telephone - 0 City and State Zip Telephone -Carlsbad, CA 92008 6191931-1224 Carlsbad, CA 92008 619/931 -1221+ I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE THAT ALL THE ABOVE INMRMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. SIGNATURE DATE S DATE Date ?ication Récd çp1 ceid By ig1w?7 fRéeipt:No. e, Appilication f Assigned AW Niuj , JO o 1 SPECIFIC REQUIREMENTS General Plan Amendm ent/Zone Change 1. Application Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-O 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map V1. Application Formr General Requirement Items - eighteen (18) copies of item A - items E-P 3, Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Malor Planned Development (5 or more units) 'p1. Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-O 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing - tentative map. FORM NO. 1068-A (10/85) CLTA Preliminary Report (Rev. 11/18/82) 4 rç AMER /C l I PRELIMINARY REPORT In response to the herein referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth herein. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company 411 Ivy Street P.O. Box 808 (92112) San Diego, California 92101 (619) 238-1776 PRELIMINARY REPORT LIST OFINTED EXCEPTIONS AND ELUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1973 SCHEDULE B This policy does not insure 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 not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion 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 excep- tions 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 A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent towhich the ordinary right of an abutting ownerfor 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) restricting or regulation or prohibiting the occupancy, use or enjoyment of the land, 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 governmental regulation. 8. 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 mat- ters (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 interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Com- pany 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 encum- brancer for. value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance orgovernmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use orenjoyment of the land, 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 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 appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public 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 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 ordamagewhich would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1979 EXCLUSIONS - In addition to the Exceptions in Schedule B, 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 regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use S land division - • improvements on the land S environmental protection - This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. (List of printed Exceptions and Exclusions Continued) S A M E R 4. First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 January 17, 1985 DAON CORPORATION 4350 Von Karman Newport Beach, California Attn: BILL KENNEDY Our Order No. 890792-14 Dated as of January 9, 1985 at 7 :30 a.m. ________________________________ LARRY VINTIs TITLE OFFICER The form of policy title insurance contemplated by this report is: PR/TM Title to said estate or interest at the date hereof is vested in: DAON CORPORATION, a Delaware corporation, Successor by merger to LA COSTA LAND COMPANY, an Illinois corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as follows: Lot 1 of CARLSBAD TRACT NO. 79-25 (B) UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10243, filed in the Office of the County Recorder of San Diego County, October 20, 1981. --A ORDER NO. 890792-14 PAGE NO. 2 I At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. Second Installment, General and Special taxes for the fiscal year 1984-85. 2. A report to follow on: TAXES 3. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 4. An easement for poles, wires, and anchors and incidental purposes in favor of San Diego Gas and Electric Company, recorded February 16, 1920 in Book 798, page 246 of Deeds, as shown on the Subdivision Map. Reference is made to said instrument for further particulars. 5. An Agreement regarding payment of a public facilities fee, dated February 26, 1980, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: LA COSTA LAND COMPANY and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: June 12, 1980 as File No. 80-187605 of Official Records. 6. A Deed of Trust to secure an indebtedness in the original principal sum of $(NONE SHOWN), and any other amounts and/or obligations secured thereby, recorded March 10, 1981 as File No. 81-072862 of Official Records. DATED: March 10, 1981 TRUSTOR: LA COSTA LAND COMPANY TRUSTEE: TITLE INSURANCE AND TRUST COMPANY BENEFICIARY: THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND Affects the property herein described with other property. An instrument dated February 28, 1983, recorded February 28, 1983 as File No. 83-063017 of Official Records, executed by DAON CORPORATION, a Delaware corporation and THE TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND purports to modify the terms of said Deed of Trust as therein provided. An instrument dated March 16, 1983, recorded March 30, 1983 as File No. 83- 100780 of Official Records, executed by LA COSTA LAND COMPANY, an Illinois corporation and TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND purports to modify the terms of said Deed of Trust as therein provided. An instrument dated November 8, 1983, recorded November 10, 1983 as File No. 83-409713 of Official Records executed by DAON CORPORATION, a Delaware corporation purports to modify the terms of said Deed of Trust as therein provided. ORDER NO. 890792-14 PAGE NO. 3 Said Deed of Trust is subordinate to the easement recorded February 21, 1984 as File No. 84-062093 of Official Records, by the terms of a Subordination Agreement recorded February 21, 1984 as File No. 84-062093 of Official Records. 7. A Deed of Trust to secure an indebtedness in the original principal sum of $40,378,689.71, and any other amounts and/or obligations secured thereby, recorded March 10, 1981 as File No. 81-072863 of Official Records. DATED: March 10, 1981 TRUSTOR: LA COSTA LAND COMPANY TRUSTEE: TITLE INSURANCE AND TRUST COMPANY BENEFICIARY: RANCHO LA COSTA, INC., a Nevada corporation Affects the property herein described with other property. The beneficial interest under said Deed of Trust was assigned to Allard Roen and Irwin A. Molasky, Trustees UTA dated July 6, 1981 by assignment recorded July 14, 1981 as File No. 81-220822 of Official Records. The beneficial interest under said Deed of Trust was assigned collaterally to THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND by mesne assignments of record. The present interest was acquired under document recorded February 26, 1982 as File No. 82-053120 of Official Records. Said Deed of Trust is subordinate to the Modification Agreement, recorded February 28, 1983 as File No. 83-063017 of Official Records, by the terms of a Subordination Agreement recorded February 28, 1983 as File No. 83-063106 of Official Records. An instrument dated January 18, 1983, recorded March 30, 1983 as File No. 83-100781 of Official Records, executed by DAON CORPORATION, a Delaware corporation and RANCHO LA COSTA TRUST IN DISSOLUTION, Successor in Interest to Rancho La Costa, Inc., a Nevada corporation purports to modify the terms of said Deed of Trust as therein provided. Said Deed of Trust is subordinate to the Second Modification Agreement recorded November 10, 1983 as File No. 83-409715 of Official Records by the terms of Subordination Agreement recorded November 10, 1983 as Pile No. 83 409713 of Official Records. Said Deed of Trust is subordinate to the easement recorded February 21, 1984 as File No. 84-062094 of Official Records, by the terms of a Subordination Agreement recorded February 21, 1984 as File No. 84-062094 of Official Records. 8. An easement for drainage and incidental purposes in favor of San Diego County Drainage Maintenance District, recorded April 16, 1981 as Pile No. 81-117296 of Official Records, located within Lot 1 as shown on said Map No. 10243. Reference is made to said instrument for further particulars. ORDER NO. 890792-14 PAGE NO. 4 I 9. An easement for drainage and incidental purposes in favor of San Diego County Drainage Maintenance District, recorded April 16, 1981 as File No. 81-117297 of Official Records, located within Lot 1 as shown on said Map No. 10243. Reference is made to said instrument for further particulars. 10. An Agreement regarding payment of a facilities fee, dated November 25, 1982, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: DAON CORPORATION, a corporation and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: December 9, 1981 as File No. 81-385900 of Official Records. 11. The fact that the ownership of said land does not include any rights of ingress or egress to or from Alga Road and Melrose Drive, adjacent thereto said rights having been relinquished on Map No. 10243. 12. The fact that said land lies within Assessment District No. 76-3 as disclosed by instrument recorded August 10, 1982 as File Nos. 82-244959, 83-279397, and 82-245009, all of Official Records. 13. A Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing to secure the performance under an Agreement referred to therein, and any other amounts and/or obligations secured thereby, recorded April 27, 1984 as File No. 84-154152 of Official Records. DATED: September 15, 1983 TRUSTOR: DAON CORPORATION, a Delaware corporation TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation BENEFICIARY: CROCKER NATIONAL BANK, a national banking association 1983-84 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09078 222-150-14 $2,703.84 PAID $2,703.84 NOT PAID $309,060.00 $-O- F R'i'PO 00 -. LOTf I/483,'t17t,' 5Y92 RID 4 84511V8144 PM 1017S, Ru•oOt$•/I' I RtCK ENOINCE01bg CONPAN? 1M1 O4PftN r,,Ar,o.,q IflIflI fl PARCEL 2 PM 10J79 A j f 0.' kr fISEAt'NT DI0/CITED 701/It c/Cr o, CARL 5840 - itT 24, fl sit F/I! HI 8I-I/t3O5 jI4 1111.1% Ric 0-14-01 CARLSBAD TRACT NO. 79-25 (B), UNIT NO. 1 SHEET 3 OF 3 SHEETS BASIS OF BEARINGS -; B4S Of *ARIMRS lI tI*SMR.UA POftT/OV AJlrS?t1 PARCfl M4P WI7 if. NC LEGEND / •----- jYDt'1l(S /WO VPiff W1111 I,f JIBE ffe MW7I7 o-----ivrrs str ?mwn't wit/I asc mwxro LI , f HI?' fASfMfA - 3101 II' .MiM w'wm,chd.qpzI VICINITY MAP AV t.----rn'D,,t$ iii irn JTRftT syissr ,al MARHfD 1$ SAO L4U55 N1WRM1K o,fFWQ AURX(D Li JM HIS 8/jR 517ITNI ,TS &1P CURVt I W471ft 0/ST loft WI/jR /10Nt ) $I LIMES V TH(M(IO0 LIR/W 4ZU Rag A.P.w AtLR f949 00' 9 0179 1./A/f [alA/C 75 O3f95 1W/Vt WITHIN 5USD!VISION SOMD4Rr I CIRI 5810 Mu/i/C ER RNN AVD WIITI wtmas Ammmy RiD----/NDIaFtS MOAN "AM ,IU ' - ---AV, —'' $ftCDAqS /NLvI/jS £M' i It SOC DM0 DRI/Ai4czaM7 livoAr,os .30' -' ,,•,, PARCEL 4 HIREBY MIDE DCIII 1S &5 fl!tP4 -- SOILS REPORT lILt HO 81-1/7297 REC I-is-Si RURJa/T XV TA/f 5L+YD/V/S/OW M4XT C7lV R343I Tmvor , \ r' SN/el YDSCW 1NCWftRrn IS5C,CM1L /AC #013 A4ORTN CM3MC IOn PM 0179 ST/OfT [1 CAJO//C4r2OWWKNl/IfUAi(D/OL,ilIM/,MV I'S /' z'---- N4S8t1#IIIED WIT/I 1/10/F/cf Of THECOf r"LcAm — M#ftOSJ5,R1S .'TY EN6/N1R' 1/It Ci7 £ & WEASEMLMI INDtIIW ",AV- &r CITY OF CA RI 584D ' ' APRIL iW IMI '.C1HI &-/,%30W fJitI. ., I330?0 3.D.CD00 DM1A1'fI'7 O9iy •:' i'iBO 00 ,-l/jf I/O B/-//lt'I -( - - / i.tos,s-? REC i'-a, Do so p 15 - —'''•ov'- ,>'3 -'k- '-s ' ISCIND DIII MSVt PARCEL 4 DETAIL A $0 SCALE J/4 R449 3. Title Risks: 0 • 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 labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interest or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A. L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use orenjoyment of the land, 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 governmental regulation. 2. Rights 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. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records 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 (except to the extent Insurance isafforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy orof any subsequent ownerof the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and 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 hereafter erected on the land, or prohibiting 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 appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public 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 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 ordamage to the insured claimant; (d) attaching or created subsequentto Date of Policy; or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. (List of printed Exceptions and Exclusions Continued on Reverse Side) 5. AMERICAN LAND TITL•SSOCIATION OWNERS POLICY FORM 1970 (AMENDED 10-17-70) - (Continued) SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two 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. 2. Anyfacts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and 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 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 governmental regulation. 2. Rights 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. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured bythis policy or acquired the insured mortgage and not disclosed in writing bythe 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 (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy orof anysubsequent ownerof the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. U npatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S S CITY 1200 ELM AVENUE CARLSBAD CARLSBAD, CALIFORNIA 92008 438-5551 1~ DATE RECEIVED 0 ATTACHMENT A Legal Description - Meadowcrest Lot 1 of Carlsbad Tract No. 79-25 (B) Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10 1423, filed in the office of the County Recorder of San Diego County, October 20, 1981. 0 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative 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 and the thirty (30) 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 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 Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Date JIM GOFF APPLICANT Name (Print) Relationship to Application (Property Owner-Agent) t'(pM. DT TT?7( •7 /fl I I AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. I ffMA' , F4 9 JIM GOFF APPLICANT Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED: Michael J. Holzrniller Land Use Planning Manager . 6 PLANNING APPLICATION CHECKLIST ITEM REQUIRED ENCLOSED NOT ENCLOSED (WHY) Tentative Map A Site Plan Landscape Plan C Bldg. Elevations V 8½ Site Plan E I 8½ Location F V EIA PFF H Disclosure St I_____________________ Property Owners j 300 1 Map V School Letter L it / Pm M Ser / Colored Exhibit 0 Stirt of A irenee- P RECEIPT NO. V 7/ 77 DATE 7 It