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Home My WebLink AboutCT 85-34; VIEWPOINT; Tentative Map (CT)• \ LAND USE PLANNING APPLICATIDN DISCRETIONARY ACTIONS REQUEST ex Zone Change OSpecific Plan o General Plan Amendment []Site Development Plan caTentative Tract Map (]Conditional Use Permit o Major Planned Unit Development OVariance o Master Plan [JPlanning Commission Determination OMajor Redevelopment Permit OSpecial Use Permit []Minor Redevelopment Permit [JStructure Relocation [JPrecise Development Plan [}Major Condominium Permit (check other boxes if appropriate) OCoastal Pennit (Portion of Redevelopment Area Only) Complete Descrl,pt~on of ProJect (attach ajd~t~onal sheets if necessary) Pre-annexational zone change from E-.1-A (County) to RDM(Ci:ty of Carlsbad) . and Tentative Tract Map for the development of single-family residences , Legal Description (complete) The Northwest Quarter of the Southeast Quarter of Section 26, Township 12, - South, Range 4 West, San Bernardino Meridian, in the County of San DIego Assessors Parcel Number State of California 215-050-03 & 04 Zone General Plan Ex~st~ng Land Use E-1-A RLM Vacant '"' Proposed Zone Proposed General Plan Site Acreage RDM RLM Approx.~acres gross L(O OWner Applicant NC'E!e (Pr!.!'!t cr '!1:rpe} ~~~-nc (Pl:":.nt. c::-~:t:A=) Beverly Rowen WESTANA lMa~lu19 Address Ma~l~ng Address 2 Wisteria Way 4241 Jutland Drive Suite 215 City and State Zip Telephone City and State Zip Telephone Atherton, Ca. 94025 (415)323-0198 San Diego, CA. 92117 (619)483-4880 I CERl'IFY '!HAT I AM '!HE LEGAL <l\1NER AND I CERl'IFY '!HAT I AM '!HE CMNER 1 S REPRESENTATIVE THAT ALL '!HE ABOVE INroRMATION IS TRUE AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE lAND CDRRECr '10 '!HE BEST OF MY KNOOLEOOE. AND CDRRECr '10 '!HE BEST OF MY KNOOEDGE. tt,~ SI~ / E SIGNATURE DATE .~/~ ~ tJJ/A:23/80" ~ --f .. ,--8, 7r ---, oate IlppJ.TReC<a ' , By .... ,~--iv.n ,.-.. ReceIPt. NO • . ~ qlD ~S-" "< < \ , f -~ " ,>- IDate AniD.l1.catlon Reo'4 ...... . . ' AsSlaNitd . -.t;<. 'lease NtlIIi'ler , . • • . I. SPECIFIC REQUIREMENTS General Plan Amendment/zope 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 + $5.00 per lot or acre, whichever is high$r. Zone Change: $655.00 Master p~an/Specific Plan 1. Application Form 2. General Requirement Items: 3. -eighteen (1a) copies of items B-D --:t t.~4n$~"'[) .-. -__ T - 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 Amendment: Major $440.00 Specific Plan Minor $ 75.00 Tentative Tract Map 1: Application Form 2. 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) $1,3-10 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $54S.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or mo~e units) '1'~ A};)pl1<::a"tioIiP-i:JYlli-------· --.. ---.... ----:... .. -... --. -.~--.-... --. -.... ---.-.. 2. General Requirement Items: eighteen (18) copies of items B-D items E-O 3. Conversion to Condominiums -list of names and addiesses of all tenants of the project, proof of notification of the tenants 60 days p~ior to filing tentative map. l,' " I • DISCLOSURE FORM • APPLI~: WESTANA Builders/Developers, general partnership AGENl': MEMBERS: Name (individual, p3.rtnership, joint venture, corporation, syndication) 4241 Jutland Drive, Suite 215, San Diego, CA 92117 Business Address 619-483-4880 Telephone Number Don Fontana Name 4241 Jutland Drive, Suite 215, San Diego, CA 92117 Business Address 619-483-4880 Telephone Number Mudge Corporation Wesley E. Mudge, President Name (individual, p3.rtner, joint venture, corporation, syndication) 2238 Del Mar Heights Road Home Address 4241 Jutland Drive, Suite 215, San Diego, CA 92117 Business Address 619-483-4880 Telephone Number Fontana Corporation .r. Telephone Number William D. Fontana, President 5323 Bothe Ave., San Diego, CA ~N~ame------------------~----------Home Address 4241 Jutland Drive, Suite 215, San Diego, CA 92117 Business Address 619-483-4880 Telephone Number Telephone Number (Attach rrore sheets if necessary) The app1icant is required to app1y for Coasta1 Commission Approva1 if located in the Coasta1 Zone. I/We declare under ,Penalty of ,Perjury that the information contained in this. disclosure is true and correct and that it will remain true and correct arrl may be relied upon as being true and correct until amended. WESTANA Builders/Developers By: Mudge Corporation, general prtn: • ~ -----"l~ .. Z --~----~ -at APPLI~ Wesley E. Mudge, resident BY Agent, Owner, Partner J , " / • t • DISCLOSURE FORM • APPLICANT: WESTANA VIEWPOINT PARTNERSHIP AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndication) 4241 JUTLAND DRIVE, SUITE 215, SAN DIEGO. CA 92117 Business Address (619)483-4880 Telephone Number HUNSAKER AND ASSOCIATES SAN DIEGO, INC. Name .. 6122 NANCY RIDGE DRIVE. SUITE 101 SAN DIEGO, CA 92121 Business Addres~ ': (619) 535-2150 Telephone Number WESLEY MUDGE Name (individual, partner, joint venture, corporation, syndication) 7209 MONTE VISTA, LA JOLLA 92037 Home Address 4241 JUTLAND 'DRIVE, SUITE 215 SAN DIEGO, CA 92117 Business Address (619) 483-4880 Telephone Number WILLIAM D. FONTANA Name Telephone Number 5323 BOTHE AVE. SAN DIEGO ·9.2122 Home Address 4241 JUTLAND DRIVE. SUITE 215. SAN DIEGO. CA 92117 Business Address (619) 483-4880 --------------------Telephone Number Telephone Number SEE ADDENDUM FOR ADDITIONAL PARTNERSHip MEMBERS. (At~-mef~~~+~~&&&~y) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct d may be relied upon as being true and correct until amended. BY . ~ MEMBERS: • DISCLOSURE FORM ADDENDUM HARVEY AMSTER NAME • 6206 OHM COURT 92122 HOME ADDRESS 4241 JUTLAND DRIVE, SUITE 215 SAN DIEGO, CA 92117 BUSINESS ADDRESS (619) 483-4880 TELEPHONE If DON FONTANA NAME TELEPHONE 11 12618 BRICKELLIA ST. 92129 HOME ADDRESS 4241 JUTLAND DRIVE, SUITE 215 SAN DIEGO, CA 92117 BUSINESS ADDRESS (619) 483-4880 TELEPHONE II ---------------------------TELEPHONE 11 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 (619) 438-1161 • $530.00 (1-25 lots or units) $765.00 (26-100 lots or units $1,310.00 (100 + lots or units) PLANN I NG DEPARTMENT TENTATIVE TRACT MAP /PUD tomplete Description of Project (attach additional sheets if necessary) VIEWPOINT-REVISED CARLSBAD TRACT 85-34: THE PROPOSED SUBDIVISION OF APPROX. 40.5 ACRES TO CREATED A 93-UNIT, (SINGLE FAMILY DETACHEW SUBDIVISION. _ocation of Project CURRENTLY VACANT PROPERTY LOCATED ON THE NORTH SIDE OF ALGA ROAD IMMEDIATLEY WEST OF MIMOSA DRIVE. ,--ega I Description (complete) THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. rocal Facility Management Zone Assessors Parcel Number ZONE 6 215-050-3,4 AND 5. Zone General Plan Existing Land Use LC RLM VACANT Proposed Zone Proposed General Plan Site Acreage Rl . RLM ± 40.5 A. Owner / APPLICANT /!f. VJ p) if:!a!rItj AGENT ·~ame (Print or Type) Name (Print or Type) WESTANA HUNSAKER AND ASSOCIATES SAN DIEGO, INC. ~ailing Address Mailing Address 4241 JUTLAND DRIVE, SUITE 215 6122 NANCY RIDGE DRIVE, SUITE 101 rCity and State Zip Telephone City and Stat~ lip Telephone SAN DIEGO, CA 92117 (619)483-4880 SAN DIEGO, CA 92121 (619)535-215 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S ~ND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CD~JCT TO HIE BEST OF THE ABOVE INFORMATION IS TRUE ~Y KNOWLEDGE. ~ AND CORRECT TO THE BEST OF ~IGNATURE jyqj)' ~ DATE3'A(&'3D MY KNOW E. SIGNATiJ~E ~.~DA:V~ \~~ ~ ~ Date Application Rec'd Received By Fees Received Receipt No. 3~8'~ a/n~ ~;k PROJECT NUMBER (S) ~/I~~-f}- • City of Carlsbad • Fee 2075 Las Palmas Drive r~'Carlsbad, CA 92009 (619) 438-1161 $655.00 ",,- PLANNING DEPARTMENT ZONE CHANGE omplete Oescription of Project (attach additional sheets if necessary) VIEWPOINT-REVISED CARLSBAD TRACT 85-34: THE PROPOSED SUBDIVISION OF APROX. 40.5 ACRES,,: TO CREATE A 93-UNIT, (SINGLE FAMILY DETACHED SUBDIVISION. Location of Project CURRENTLY VACANT PROPERTY LOCATED ON THE NORTH SIDE OF ALGA ROAD IMMEDIATLEY WEST OF MIMOSA' DRIVE. Legal Description (complete) " THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Local Facility Management Zone ZONE 6 Zone LC Proposed Zone General Plan RLM Proposed General Plan Owner / APPLICANT Name (Print or Type) WESTANA Mailing Address 4241 JUTLAND DRIVE, SUITE 215 City and State Zip Telephone SAN DIEGO, CA 92117 (619)483-4880 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND COR CT TO THE BEST OF Y KNOWLEDGE. SIGNATURE Rec'd Received By PROJECT NUMBER (S) Assessors Parcel Number 215-050-3,4 AND 5. Existing Land Use VACANT Site Acreage ±40.5 A. ARP'I)¢91f'\t AGENT Name (Print or Type) HUNSAKER AND Mailing Address 6122 NANCY RIDGE DRIVE SUITE 101 City and State Zip Telephone SAN DIEGO, CA 92121 (619) 535-2150 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CO CT TO THE BEST OF MY KNO ED E. SIGNAT DATE Fees • ..JTATIVE TRACT MAP CHECK aT COMMENTS PROJECT NUMBER C l ~ s-~Lf 1 . ~tentative map 2.L/G~e [!Ian 3. 4ation map 4. V?!A & $175 5. ~FF Agreement (2) $25 6. ~sClosure 7. r6wner1s list & labels (2) + postage s.L//fu ft. radius map /' 9. Vi:hool fees or dedication 10. 11. Proof of sewer /water 12 .~(colored site & elevation plan 13.~. time-li1fti-tso-., 14: Constraints map / 15. JTraffiC volume map DATE :, I 'Z.-"\ I ~8 ( SIGNATURE __ ~..::.~..::..~_=' .....:A/:........=._.-~H._-=--k,_._~~_ CITY OF CARLSBAD • GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: VIEWPOINT -ZC-341/CT 85-34/HDP 88-10 LOCAL FACILITY MANAGEMENT ZONE: ~6 __ __ GENERAL PLAN: RLM ZONING: PROPOSED R-1-7500-Q DEVELOPER'S NAME: ~W~E~S~MU~D~G~E~ ________________________________ __ ADDRESS: 4241 JUTLAND DRIVE, SUITE 215, SAN DIEGO, CA 92117 PHONE NO.: 438-4880 ASSESSOR'S PARCEL NO.: 215-050-03, 04, 05 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 40.5 ACRES 90 DUS A. City Administrative Facilities; Demand in Square Footage = B. Library; Demand in Square Footage = C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Parks; Demand in Acreage = E. Drainage; Demand in CFS = 333.6 ~ 12CFS/33CFS Identify Drainage Basin = DE/DF (Identify master plan facilities on site plan) F. Circulation; Demand in ADTs = (Identify Trip Distribution on site plan) G. Fire; Served by Fire station No. = H. Open Space; Acreage Provided - I. Schools; (Demands to be determined by staff) J. Sewer; Demand in EDUs - 900 ADT 13.2 25 Elem. 25 Elem. 7 Jr. High 14 High Sch 90 Identify Sub Basin -6(A) (Identify trunk line(s) impacted on site plan) K. Water; Demand in GPD 19,800 GPD 10/73) California Lan Itle Association ty C ,;.~ e""'''"'m W \ POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Conlpany SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE I NSU RANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees 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 ofthe ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. I nvalidity 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 the insured 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 tope signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. - 'Ii.', "First American Title Insurance Company' BY "PRESIDENT . ATTEST -1tI.JL.-C .. 0~LJ. SECRETARY 1379149 ) ~i~l'~:t~~~a~r;i~~~~~~ i~' th~I~~d; dr ,,-'"-.'". . ~~_:.~tabli:~_ the _.~~;I~." ~.~ :.~~,.~st~te ~~._ .. p. ~'1~on an Hl"Hel. In "1I~Jotlon carroeeJ on oy iiG1ti~'\w;'\"iFP'ir·I''''' C--1------·I~ --.... ""~~-~~ .. ~~~ .. ~ .. ~.~--' •. \ " ~ ~. '. ;1./% ~ 'f __ ,.,*,.<C,L. .--> ...... culA STANDARD COVERAGE POLICY NRT ORDER NO. 945968-14 SCHEDULE A TOTAL FEE FOR TITLE, EXAMINATION AND TITLE INSURANCE $1,828.50 AMOUNT OF INSURANCE: $750,000.00 DATE OF POLICY: JUNE 29, 1987 AT 8:00 A.M. 1. NAME OF INSURED: BEVERLY ROWEN WESTANA VIEWPOINT, A CALIFORNIA GENERAL PARTNERSHIP 2. THE ESTATE OR INTEREST REFERRED TO HEREIN, IS AT DATE OF POLICY VESTED IN: WESTANA VIEWPOINT, A CALIFORNIA GENERAL PARTNERSHIP 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS COVERED BY THIS POLICY IS: FEE PAGE 1 CLT"A STANDARD COVERAGE POLICY e- ORDER NO. 945968-14 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS, ATTORNEYS I FEES OR EXPENSES, ANY OR ALL OF WHICH 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 PUBL:tC 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 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 f 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, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 6. ANY RIGHT, TITLE, INTEREST, ESTATE OR EASEMENT IN LAND BEYOND THE LINES OF 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 kBUTTING OWNER FOR ACCESS TO A PHYSICALLY OPEN STREET OR HIGHWAY IS INSURED BY THIS POLICY. PAGE 2 3 e. ORDER NO. 945968-14 7. 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 THE OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART I WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS AT DATE OF POLICY, OR THE EFFECT OF ANY VIOLATION OF ANY SUCH LAW, ORDINANCE OR GOVERNMENTAL REGULATION, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS AT DATE OF POLICY. 8. RIGHTS OF EMINENT DOMAIN OR GOVERNMENTAL RIGHTS O~ 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) WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, CAUSED I SUFFERED I 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 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. PAGE 3 CLTA STANDARD COVERAGE POLICY PART TWO: SCHEDULE B e- ORDER NO. 945968-14 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. LICENSED SURVEYORS MAP NO. 484, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1934, W~ICH SHOWS THE BOUNDARIES OF THE NORTHWEST QUARTER OF SECTION 26, _ TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. 4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 5, 1954 IN BOOK 5132, PAGE 346 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AN EASEMENT OF RIGHT OF WAY 100 FEET IN WIDTH IN, UPON, OVER AND ACROSS THE LAND HEREINAFTER DESCRIBED: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 287.66, FEET WESTERLY FROM THE CORNER COMMON TO SECTIONS 22, 23, 26 AND 27 OF SAID TOWNSHIP AND RANGE; THENCE FROM SAID POINT OF BEGINNING SOUTH 43 0 08' 53" EAST, A DISTANCE OF 3489.25 FEET; THENCE SOUTH 65 0 26'53" EAST, A DISTANCE OF 3613.45 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 26, DISTANT THEREON 1268.40 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 26. THE SIDE LINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE LENGTHENED AND/OR SHORTENED SO AS~TO TERMINATE SAID LINES IN THE BOUNDARIES OF THE ABQWE DES~IBED PROPERTY. ,,-~ EXCEPTING FROM THE ABOVE DESCRIBED RIGHTS OF WAY ANY IIORTIONS NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTORS HEREIN. 5. THE FACT, THAT SAID LAND DOES NOT ABUT A DEDICATED ROAD OR HIGHWAY, OR AN EASEMENT FOR ACCESS APPURTENANT THERETO. PAGE 4 ~~\)4t?i:-///1£ -... ~'.. 'f ,~i'<......~.....-; ..... CLTA STANDARD COVERAGE POLICY ----_--.-------_________________ 1t __ _ ORDER NO. 945968-14 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE NORTHWEST QUARTER OF rrHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION TWENTY-SIX (26) TOWNSHIP TWELVE (12). SOUTH, RANGE FOUR (4) WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL 2: THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER, SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING FROM SAID PARCEL 2 ONE-HALF INTEREST IN ALL OIL AND MINERAL RIGHTS AS RESERVED BY MONTE N. GRIFFITHS AND MILDRED HEINZE GRIFFITHS IN A DEED RECORDED JANUARY 26, 1950 IN BOOK 3471, PAGE 392 OF OFFICIAL RECORDS. PAGE 6 CLTA STANDARD COVERAGE POLICY ORDER NO. 945968-14 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $500,000.00, RECORDED JUNE 29, 1987 AS FILE NO. 87-360419 OF OFFICIAL RECORDS. DATED: JUNE 11, 1987 TRUSTOR: WESTANA VIEWPOINT, A CALIFORNIA GENERAL PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: BEVERLY ROWEN I A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY '. PAGE 5 • . -------------E:-N DUR5clvrclVl------.--------- Attached to Policy No. 945968-14 Issued by First American TI"tle 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 the policy, hereby modifies the policy, as follows: 1. Notwithstanding anything contained in the policy to the contrary, the amount of insurance provided by the 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 endorsement, 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 Schedu Ie A of the policy to which this-endorsement 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 maximum amount of insurance provided by the policy. The coverage will increase by the same percentage change by which the annual "ENR 20-cities Building Cost Index" has increased, (as published in the "4th Quarter Roundup" December issue of Engineering News Record, a weekly McGraw Hill publication). All upward adjustments in the aggregate shall not exceed a 50% total rise in the amount of insurance, so that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of the policy, less the amount of any claim paid under the policy which, under the terms of the cqnditions and stipulations, reduces 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 the Building Cost Index. 4. In the settlement of any claim against the Company under the 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 the claim, or as of the date of receipt by the Company of the first notice of the claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of the policy. This endorsement is made a part of the policy and is subject to the schedules, exclusions, conditions and stipulations therein. except as modified by the provisions hereof. First American Title Insurance Company BY PRESIDENT First Amel Ican FA 11.1 Inflation (CL T AI ALTA Owners) 11 Ii Issuing Office: RECElVEO J1JN 'j ~ 181 WESTANA BUILDERS 4241 JUTLAND DRIVE, #215 SAN DIEGO, CA 92117 Attention: JUDY Dated as of May 29, 1985 at 7:30 a.m. 1301 THIRD AVENUE P. O. BOX 1590 SAN DIEGO, CALIFORNIA 92112 (619) '232-4031 Your Ref: ROWEN/HANSON Our No: S-660792 In response to the above referenced application for a policy of title insurance, SAFECO TITLE INSURANCE 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 srown or referred to as an Exception in Schedule B or not excluded from. coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. TH:IS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) ][S 'ISS1IJED SOLELY FOR. THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED BERE.BY. IF IT 'IS :mESnED THAT LIABILITY BE ASSlDMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy Form B I-I 3. American Land Title Association Residential Title Insurance Policy I-I 4. American Land Title Association Loan Policy 1=1 Title Officer JOHNSON/STEGALL .I. • Order No. S-660792 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: HUGO J. HANSON, by deed which recites .. a single man, as to Parcel 1; BEVERLY ROWEN, a married woman, as her sole and separate property, subject to Item No. 10 of Schedule B, as to Parcel 2; BEVERLY N. GRIFFITHS, as her sole and separate property, subject to Item No.9 of Schedule B, as to Parcel 3. 3. The land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: SEE DESCRIPTION ATTACHED -y' PARCEL 1: lIlESCRIPTION S-660792 DESCRIPTION The South 1/2 of the Southeast Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. PARCEL 2: The Northwest Quarter of the Southeast Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof. PARCEL 3: The East one-half of the East one-half of the North one-half of the South one-half of the Northwest one-quarter, Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof. ~ Excepting from said Parcel 3 one-half interest in all oil and mineral rights as reserved by Monte N. Griffiths and Mildred Heinze Griffiths in a deed ~reOOrded January 26, 1950 in Book 3471, page 392 of Offioial Reoords. Order No. S-660792 Schedule B Page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Re port wo uld be as fo11o ws : 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1985-1986 which are a lien not yet payable. 2. Property taxes, including collec ted with taxes, for the 1st Installment: 2nd Inst alIment: Homeowners Exemption: Code Area: Assessment No: 1st Ins ta11ment : 2nd Installment: Homeowners Exemption: Code Area: Assessment No: 1st Installment: 2nd Installment: Homeowners Exemption: Code Area: Assessment No: any personal property taxes and any assessments fiscal year 1984-1985. $819.30 Paid 819.30 Paid None 62017 215-050-05 $455.29 Paid 455.29 Paid None 62017 215-050-04 $325.37 Paid 325.37 Paid None 62017 215-050-03 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Licensed Surveyors Map No., 484, filed in the Office of the County Recorder of San Diego Co unty, December 24, 1934 which shows the boundaries of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meriidan. Affects all Parcels. 5. An easement for the purpose shown below and rights incidental thereto as reserved in a docmnent Purpose: Ingress and egress Recorded: January 26, 1950 in Book 3471, page 392, Official Records 4>. Order No. S-660792 Schedule B Page 2 • The exact location and extent of said easement is not disclosed of record. Affects Parcel 3. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Publ ic utilities, ingress an::l egress Recorded: January 11, 1954 in Book 5107, page 561, Official Records Affects: Affects Parcel 1. The route thereof affects a portion of said land and is more fully described in said document. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: February 5, 1954 in Book 5132, page 346, Official Records Affects: Af fects Parcel 2. The route thereof affects a portion of said land and is more fully described in said document. @r f 8. A deed of trust to secure an indebtedness in the amount shown below, and ~ an other obligations secured thereby ount: $10,000.00 Dated: November 22, 1966 Trustor: Beverly C. Rowen also known as Trustee: Beneficiary: Recorded: Affects Parcel 3. Beverly N. Griffiths Security First National Bank, a national banking association Mildred Heinze Griffiths November 28, 1966 as File No. 186689, Official Records 9. The community interest of the spouse of the vestee named below. Vestee: Beverly N. Griffiths now known as Beverly Rowen Affects Parcel 3. 10. The community interest of the spouse of the vestee named below. Vestee: Beverly Rowen 1 Order No. S-660792 Schedule B Page 3 Affects Parcel 2. • 11. An Agreement between owner, developer and the City of Carlsbad for the payment of a public facilities fee, dated November 8, 1984 between Mola Development Co., developer, Hugo Hansen, owner, and the City of Carlsbad, recorded December 31, 1984 as File No. 84-486165, Official Records. Affects Parcell. END OF SCHEDUIE B NOTE NO.1: Parcels 2 and 3 do not appear to have access to a dedicated public street or highway. ju . rY7 Pri d-Cf, Iqg~ • • lssuing Office: WESTA~A 3UILDFRS ;:::: ~ -:r. i~~j. ~ ... '::a' -:.) .-:.a." ~ .-:;::. . .:.;.., 4241 JiJT!.A~m DR IVe, #215 SAN DIEGO, CA 92117 A.t tant ion: JUDY Dated as of. May 2.9, 19M at 7: 30 a.m. 'r..,r, t~ ~j(2;' 1301 THIRD AVENUE P.O. BOX. 1590 SAN DIRGO t CAUFOR~lA 92112 (619) 232-4031 Your Ref: RO~]F~/HAHSON Our &1: S-660792 10 response to the sbove referenced application for a policy of title insurance t SAFFCO TIILl? INSUPJl~CF COMP~~ hereby reports that it is prepared to iStH.le, or CdUse to be issued, as oJ the date hereof, a Policy or Polictes of ntle Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by '['eason of any ~efect, lien or encu.1lbrance not soown or referred to as an Exception in Schedule '3 or not e:!tcluded frCX'!l coverage pursuant to th~ printed Sctled ules, Cood ttions i!1~d Sti pulations of sa id Pol icy rort',ls. The printed E'xcept1.ons and !!:.<clusions from the coverage of said Policy or Policies .are set forth in t{-l.e .Jttach.:;d list. Cl.lpies of the Policy forms ghould be read. They are availabl~ from the offic~ which issued this ~eport. THIS REPORT (A.~D ANY SUPPLntE'N'1S OR AHFNn1.F.NTS IDmETO) IS ISS8u"ED SOULY FOR THE PUR~SE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLg INSURANCE AND NO LL,\BILrn IS ASSUMED IJE'R;my. IF IT IS !!!F.S:mFD TI{A'f LIAiHLITY SE ASSUMED PRIOR TO THE ISSU~~CE OF A POLICY OF TITLE INSURANCE, A BL~DFR OR COMMITMENT SHOULD SF REqUESTE'D. The form. of pol icy of title insurance conte:n-pl .. 'lted by thi!:! report is: 1. Cdlifornia Land Title Association St<lndard Cover,')ga Policy 2. American Land Title Association Olmer's i?o11cy florm B 1=1 3. Aillerican Land Title Association Residential Title Insurance Policy 1=1 4. A;'llericall La:id T1 tIe Associ3t ion Loan Pol icy 1=1 Title Officer JOUNSO;.J!STFGALL I 1 1 ! I I I , I 1 r • • Order No. 5-660792 SCIlFDULF A 1. The estat~ or interest in the lam here!nat"ter descrihed or referred to covered by this report is: A FEE' 2. Title to said estate or interest at the date hereof is vested in: HUGO J. HANSON, by deed which recites "a sin~le man, as to Parcell; BEVFRLY ROtJF Nt a l'larried wo!:1an, as her sole and separate property, s\.lbject to Item No. 10 of Schedule B. as to Parcel 2; BFVERLY N. GR IF~ITHSt as her sole dIld separata property, subject to Item No. ,) of Schedule :8, as to Parcel 3. 3. The land referred to in this report is situated in the State of Cali- fornia, County of San Die;;o, and i$ described as .f0110'48: SEE' OJ!SCRIi?TION ATTACHE D • '-SCRIPTION PARCFL 1: • 5-660192 DFSCRrPT!ON The South 1/2 of the Southeast Quarter of the Northwest Quarter of Section 26, 'rownshi? 12 South, Ran~e 4 West, San Bernardino ~1eridi .. m, in tre Cuuncy of San Diego, Stat~ ~f California, accordin~ to Official Plat thereof. PARCEl. 2: The Northwest Quarter of the Southeast Quarter of Sec.tion 26, TOtmship 11 South, Range 4 ~;est, San .Bernardino '1eridian, in the County of San Diego, State of Cal1fornia, according to the Official Plat thereof. PARCEL 3: The Fast one-half of the Fa!4t one-h.alf of the North one-half of the Soutn one-half of the Northwest one-quarter, Section 26, Township 12 South, Ral".ge 4 west, San i1ernardino ~eriJian, in the County of San DIC:!!.!o, State of California, according to the Official Plat thereof. Exceptin~ from said Parcel 1 one-half interest in all oil and mineral rights as reserved by Monte N. (irif fiths and :1lldred Hein7.e Grif fiths 1n a deed recorded Janu..'\ry 26, 1950 in Book 3471, pa:~e 392 of Official Records. Order No. 5-5'60792 Sched uli! B Page 1 • SCHEOOLE B At the data hereof exceptions to coverage in addition to the printe::! EXceptions and Exclusions 1n the policy form desi~~nated on the face pa~e of this l:«'lport would be as follows: 1. Property ta'!:es, including any assessments collected with ttlxes, to be levied for the fiscal year 1985-1986 which are a lien not yet payable. 2. Prooerty taxes, incl uding call t!C ted wi ttl tax as, tor too 1st Installment: 2nd Installment: Homeowners l?xemption: Code Area: Assessment rlo , 1st Installment: 2nd Installment: Homeowners Fxempt!on: Code Area: Assessment 1'10' , . 1st Installment: 2nd. Installment: Homeowners !?xem?tion: Cod~ Area: Assessment No: any personal property ta'(es fiscal year 1:)84-1985. $R 19. 30 Paid 8 t 9. 3() Paid None 62017 215-050-05 $455.29 Paid 45'5.29 Paid None 62tH7 215-JSO-o4 $325.37 Paid 325.37 Paid None 62017 215-050-D3 and any assessments '3. The !.ien of Suppl~ental Tc:l7.es, if any, assessed (,)lJrsuant to too provisions of Chapter 3.5 (commencin~ with Section 75) of the Revenue and Taxation Code of the State of Cal1forni3. 4. Lict!nsed Surveyors ,,1.11' ~Io., 484, filed in the Office of the County Recorder of San Diego County, Deccr.lber 24, 1934 which sl'l\)i.VS too' oound3ries of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Marildan. Affects all Parcels. s. An ea~oent for the purpose shown below and rl~hts incidental thereto as reserved in a document Purpose: Ingress and ei-~reas Recorded: January 26, 1950 in Book 3471, page 392, Official Records Order ~. S-660792 Schedule 13 Page 2 • • The exact location and extent of said ~aseoent is not disclosed of record. Affects Parcel 3. 6. An easement for the purpose shown below and rilShts incidental thereto as set forti} in a doc tt11ent Granted to: Purpose : Recorded: Af fects: Ai facts Parcel 1. San Diego Gag S. Electric CoMpany Public utilities. ingress ani egress January 11, 1954 in Book 5107, page 561, Official Records The route thereof affects a portion of said land and is more fully described in. said doc U11en t • 7. An easement for the purpose shotm below and rights incidental thereto as set forth in a docu:nent Grnnted to: San Diego Gas ,~ Electric Company Purpose: Public utilities, ingress and egress Recorded: February 5, 1954 in Book 5132, page .34n, Offici.:ll Records Af fects: Af fects Parcel 2. The route thereof affects a portion of sll.id lam and 1s more fully described in said document. 8. A deed of trust to secure an indebtedness in th.e amount shown below, and any other Obligations secured thereby Amoun t: S10, 000.00 Date.1: ~lovet!lber 22, 1966 Trustor: Beverly C. Rowen al so k.nown as 8everly ~. Grif fit~s Trustee: Security First National Bank, a nat lOIV}l ban ki~ association Benefictary: 11ildrad H21nze Griffiths a eco r::i ed : Nover.aoer 28,1966 as l"He No. 186&139, Official Records Affects Parcel J. 9. The community interest of the spouse of the vestee nam~i below. Vestee: ):leverly N. Griffiths now known as Beverly [{owen Affects Parcel J. 10. The community inter~st of the spouse of the vestee named below. Vestee: Beverly Rowen OrdC:!r No. S-560792 Schedule a Pa~e 3 Affects Parcel 2. • • 11. An ~reement between o~ert developer and the City of Carlsbad fur the payment of a public facilities fee, dat{..>ci ~ovember a, 1984 between Mob Development Co., dt:lveloper, Hugo Hansen, owner. and the City of Carlsbad, recorded DeceQber 31, 1984 as File ~o. 34-486165, Official Records. Affects Parcell. END OF SCHE'DIJ!E B NOTE NO.1: ?arcels 2 and 3 do not appear to have access to a dedicated public street or highway. ju r LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1919 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 • land division • improvements on the land • 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. 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 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: Part I (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) 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. (c) 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. (d) Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1910 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (Rev. 10-11-10 and 10-11-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain 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 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 u~der 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 or of ~ny pubsfilquent owner of the Indebted- • ness to comply with applicable "dolbusiness .. laws of the state in which the land is situate. e PRELIMINARY REPORT • SAFECO TITLE INSURANCE CO·M-PANY • • • , ... !!. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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 in- sp'ection of the land or by making inquiry of persons in pos- session 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 descr.ibed 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 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) 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. 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 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 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 pur- chaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any h:iw, ordinance or governmental regulation relating to environmental protection. (c) 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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any Violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain 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; (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) SAFECO Stock No. CAP·0372C (Rev. 4-85) • ~ I t " 181 EXHIBIT "A" LEGAL DESCRIPTION Southeast Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof. _-1- • • 801 Pine Avenue, Carlsbad, California 92008-2439 729-9291 "Excellence In Education" BOARD OF TRUSTEES JOE ANGEL President JAMES McCORMICK Vice President JULIANNE L. NYGAARD Clerk DONALD M. JOHNSON Member J. EDWARD SWITZER, JR. Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent SUSAN-HARUMI BENTLEY Assistant Superintendent Instructional Services JOHN H. BLAIR Assistant Superintendent Business Services GERALD C. TARMAN Director Personnel Services April 7, 1988 Ms. Adrianne Landers Planning Department City of Carl sbad 2075 Las Palmas Drive Carlsbad, CA 92008 Reference: Westana Developers Project -View Point Carlsbad Unified School District has reviewed the proposed development of 93 single family dwellings located off Alga Road west of El Camino Real at the terminus of Mimosa Drive in the City of Carlsbad and has evaluated the impact of that project on the facilities of this District. The Zone 6 plan, including the school requirements portion, has been completed, indicating school facility availability. The Plan shows that available students within that area at present will attend Kelly Elementary School, Valley Junior High School, and Carlsbad High School. Following completion of the Alga Road School in approximately 1989-90, the students of that area will attend the new Alga Road School. SincerelY(2' J. .~;J ft ,~ i~(~~~ Jo H. Blair ssistant Superintendent Business Services JHB:njg c: Dan Rehm, Engineer for Westana Distinguished School Board Award 1984, United States Department of Education Daniel E. Rehrn • • Costa Real Municipal Water District 5950 EI Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Dept: 438-3367 March 24, 1988 Hunsaker & Associates San Diego, Inc. 6122 Nancy Ridge Drive, Suite 101 San Diego, California 92121 Re: Carlsbad Tract 85-34, (View Point) APN: 215-050-3,4,&5 CRMWD Project No. 88-501 Dear Dan: The subj ect proj ect is located wi thin Costa Real Municipal Water District service area. Water service' can be made available to each lotjuni t that may be developed at the time an application for service is completed, and all applicable fees are paid. The applicant shall meet the conditions of the Costa Real Municipal Water District and its Water Master Plan. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifica- tions" dated January 1987. FJW:sja CRMWD 88-501 Very truly yours, 801 Pine Avenue, Carlsbad, California 92008 729-9291 "Excellence I n Education" BOARD OF TRUSTEES JAMES McCORMICK President JOHN J. MAMAUX Vice President JULIANNE L NYGAARD Clerk JOE ANGEL Member J. EDWARD SWITZER, JR. Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent JAMES M. STARK Deputy Superintendent Business Services SUSAN-HARUMI BENTLEY Assistant SuperintendE'nt Instructional Services DAVID WM. BATES, SR. Director Employee RE'lations K.C. DUNLAP Manager Facilities/Services October 29, 1985 Mr. Clarence Schlehuber, Chairperson, and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Mr. Martin Orenyak, Building and Planning Director Reference: Westana Developers Gentlemen: Our District has reviewed the proposed development of 101 single family dwellings located off Alga Road west of E1 Camino Real and has evaluated the impact of that project on the facilities of this District. The Governing Board wishes to advise the city officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round program, or double-sessions, or both. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, ~~ James Stark Deputy Superintendent njg Distinguished School Board Award 1-984, United States Department of Education ,-' r· I::t· ... '_'., \ CL.=,_.,_,,-1..:=., ro. JUL 10 • 8'3 15: 41 JDC: C.l]'3TH t'lE'3R, CH CARLSBAD RETAIL ASSOCIATES Application No. 6-89-110 503 F'CC Revised Open Space/Steep Slope Preservation Condition No. 2 Prior to the issuance of a coastal development permit, the applicant shall submit a restoration plan for those portions of the 13.2 acre open space easement area on the adjacent CT 84-34 (Coastal Development Permit 6-89-171) which have been disturbed or are in need of enhancement. The restoration plan shall be prepared pursuant to the criteria specified in Special Condition .No. ('if below. The area to be restored shall be a minimum of 65,340 square feet. This 3:1 replacement, plus the additional area to be dedicated on the adjacent parcel (CT 84-34) pursuant to Coastal Development Permit No. 6-89-171/ is t.o provide equivalent or greater !labi tat in op(~n 8pace aB that whiCh is permitted to be disturbed (21,780 square feet) pursuant to the submitted site plan attached as Exhibit 2 and dated December 7, 19851'. r:;; VICINITY MA , < ·Vi~~1'ir.M"#:"::;i:::;ii:m' ~ , ~ e' it e' o " : :: o " 0' . :; BATIQUITOS LAGOON VIEWPOINT -'t-.. I \ , I , I I \ ~tiI ZC-341 CT 85-34 TENTATIV'E TRACT MAP /PUD VI:EWPOINT 1d_ ';;: __ ._A:l~J :]l: .~' .-.~ ~ 6. .. , r t:'a¥6!tII1TU(n11 ttfCA KIMP (,womGRSj .. ' .;:l ~ .. u~' •• ;;~ ~ ~'_I~ER~ liII. •• N......uc .t~"" TYPICAL STREET SECTIONS VICINITY MAP TYPICAL LOT DRAINAGE '1 .J1 .zL "" HItL S'ALCll ~.A.a. UO" J1KH1" r nI1V .ll!U.rz I'D oWIl'l7I) l~l .t'TI1#"GT -~ j NORTH GENERAL NOTES 1. 1OTAl. +REA WITHIN niE S\M3DtVISION ~Y.J$ 40.5 A..C. =, 2. CUT AND AU. SLOPES WIU. BE 2:1 UNt.ESS 01liERWi~ SHOWN. 3. AEPIAL TOPOGRAPHY BE ~ !\ERIAl.. DAlal ~-.6S, CQtlTOURS AT 2 FOOf'm~Al.S, M..!iJ..~-QATUt.C. 4. ~ ~ HEREON ts PREUMtNARY AND SUBJECT ro REVISION DURING rre-~AL aESlaNlPROCess. ' 6. At!:. ~VE RADII SHOWN AN: APPft?XD.IIUE. 6. AU. t,pJ otMENSJQNS AND AREAS SHOWN ARE A9P9OX1UiJE. 7. e.mr.tiWORK OUAtmnES our-243,.600 C.Y. Fl1:L-237,600'C.Y. EXPORT-6,OOO c.y, e. l'OTAL NlN3:ER OF IfE6JHNTJ.4t 1NHUWt:. Uf'.J A¥ "" (, I, I ! f I 9. PUBL1?, SERYfCES AND DISTRICTS: ~ G1~t. SEWER ••••• '.. • ... • CITY OF CARlSBAD l, ' 819-438-2722 WATER ••• ,.. ••••••• ,.ary OF CAfU.SBAD _J' e1e-2S~7098 STORM DRAINAGE •••• _,. COUNTY Of s.-.N OCEGO flOOO ~-&,~DlSllIcr 619-2S~-4252 GAS AND EI..ECTRIC ...... SAG.& Eo t'. ~ 1-900-422-4133 TelB'HONE ••••••••••••• PACFtC 6ElL ~ fi19-755-9361 CNll.E Tet.EVISKlN ••••• T.a.t. CABLE VISlON ~ ARE PROTECnON •••••• ,CITY OF CARLSBAD h SCHOOlS. •••••• ••••• .CARlSBAD UNlFlEO SCHOOl. D~ e19-43~-5521 619-7ZP-9291 i i I LS'GAL DESCRI'PTI(!)N m;; ~ 0lWif'ER CF 1l£ NOOnfWEST 0lMJER-()f ~ 2fJ, r:··~ ~~~ l'I:JMEHP 12 SOU1H, RANGE", WEST, &.H BI3WADIiO~" nt:: ~" CO!M'V Of SAN DIEGO. S1l\TE Of CAU'OfINIo. 1, . LEGEND f'AOPOSB)SEWER J.NJ WHia.E ~sroFN CRAN N¥J ~ PROPOSED'WATER MAI'f EXISlN> SEWB\ """'" ecJSTH! sh.:R.4. OOAW S'I'SlEM ElQSTI\IG~SYS'fB,t = ==m::= = = L' ! " , TENTATIVE TRACT MAPt,I-RUD VII:WPOINT CoT.#8l>-34 PIII!PJUIED BV. $CALI!. 1'0 Ii-I,' w.o.# 548-1 MtID J.. HAMMAR R.c.s.WfiT ME MY f'EGlSTRA1loN EXPIREs 00' 9130191 i'" J 'i ~ b ~ ~:1 ii' ;, , ,.1 , . ~.f~· .. F,I i' ,: I;:: \.::-~ 1\: ,-:';' '. I,' ) . .,- 1 ,"~ ,.: I;,: If.' , " ", it;,' 7 •• ,-. ~, " ',,~< ?? :~"! 1~tf-i ~G ,i'i , " ." ,',. ... ::-~ " . t- Z" -o .Il. ,:., ... :(, . ,' ,',-,,:,." i_ ". : . " , ' " .~~~: , " ~ t· . , . .,~,,' , "r', ", ~ .' . i" 1.#> •••• " t.I, '#1-"" " 1",t4 ..... ""' .. 'I :: 'I ! ~ f u. ; 'I': ~ I ~ • , ~ ,~, i I ! i I I . ........ i f '.-t-i. _ ~C-IY'l 'f loW . -. :r: >< w w o < Q. (J) Z UJ t\. o , ' ." ~t.", .. "(.JIII. J;lIIot.",' ''1. • '0.0. I, ... ,. , , , : , ; l'~ " ~ i,' ~ '. , .;\', I' fl •. I' " " 1'1 " " " .. • 1 .. " " " ). ., . \·i;: . " ., " It i1 :-: \.\ .\ . I!!~'i. .:.tc: I Ii' , ' . ., :. (~ : . , 1 ,. . , , '" ., , .1 :' ., ~ !~~ " :1.1 ~'Hh I , t I :l~ , · l jd ~ . ~ f : II • @ • · ! • .~~ TENTATIVE TRACT "'-MAP "'" "<)~~}-VICINITY MAP ;;;.. . .....:.. , ',w' ,1= S' ,-~x ""':T~-:-~ J...j;J. c V'.'...-,I:~t.=W"·:'P·~,,·:'O~.:··:'I',N·': ~T~'" ~ • "A' -,' _, .',". .-,,''' .~' .'- ~-.. ~ i:'~ 'ftiI~ ...... ~ IN " ..c:.i'~'\.:.. ~--'v> '1' r,', -~-"I ,!/' : " ,,\' (: .. iJ . . -,,;.. ,!t;;, I !<IiI , \\ ',~ I~o.f 'l>\ ,\, l~ ,[ oe,~ ... ·1~." -... ., ."\',.'...... ..-~ r .,_ ,'"_ ~ ..... ,1<1, ,~, ~. '*' .. .. l HOftJH GENERAL NOTES .' /f-.....,;lit~"""'~, ___ .... ~ 7~~~~1JnU. L JOlAl.,.,....wm.t~~~ ....... ~ .... ~ ~~~a~:;;:,~~~'#~t'IOOf~. .. '''cA!>c~""",,,~ __ ~ l" .. t ::..\V-:"'.. ,-~ I '."'''', "~~:':;~n~~~,·.~~! .•. ;i-:~·.~I!ti~;2~~: .. :;:: _J~':AC.'_ .... A~&" _ --~.~",....~ ~ -- ~~~~:~:-~~:~ .... ~ ~.r.c~ •• t~ ,..-.., ...... -..... ~~-.c -;. ~"'~~.-t-~.!. ~ ,~,-~. ,,,,,,,,,,,,,~ '-"~, ~, ~~, ~~. I~~'~' ~,y~~~ tI!!"'":'~ '~" ~~~:~~'pi4.~ 'e, :~~;:~:7".;:~:::z:::;.~:::;~~ L tr--ri-A:' D":"E:S'· "7.-iR' "l"P">T"I:O' 'N ' .~uftL, : ",,,,\ ,~", , : "" ~ ", ,:'~~~~e~~~~~~}i:': ':-':":~:;~ '·:,~::";::E "' .. -; ~". .. ~., -. ..,". . f ._ " ii r ....... z:.o.~ tH.cr-A." "T. \' 7' ------- L'EGENI):- ~~-~ ~-~0IlM!t""~ ~...,.,. .... ---0IPIrGp::R" ~ ihsTat o.IIG ..u..iA'aI ~--==.=-:== = &~::.;=:::::::::: TENTATIVE TRACT MAP VIEWPOINT C.TJI H-M ,- -.-,..,... WEaTAN .. ~/~«J "2 ... Jun ..... D D'UVl. arE. 2', IAN 0110.0. c.u.JiOANlA • 2., f ~ '·-·rt __ tAt:. .. -$i -" Lt! I' ft-! ~-::- • iI -::,~-;.:::'. -. , .' . ~ .. q _'::"'__ __ ,.. '. =-._-,._ Km ...... . _ '. . .. ~, .. ::EEFr';:'" -~-. ~ ......... -. ~~ :t! 't:£: ~ , _J~ ••• ". := . __ --.......... rDun Jr.u ... .-.,;.. ......,.., l'/!'OL urr ~ >t' 1« .. -"""""'-' . Iri~ACLM1P ~ ~Ot·..,.,... iYPIcAL STf£ET SeCTlONs ~ e , '\'" --. -., ~ ___ ~n ~ .... «.!..,----"...,,--.. ......... --..- ,"", .~~ , '. ~~ \,.> SDi 4358 ~ ~ ;_:~'.1 4-~~ __ • ·1r-6tttr """" TYPICAl.. .SmEET SECTIONS -~- ITATllneAL .u ....... , ..... _.ce: ... " ••••••••• _"M .. Met. ...... __ ......... -..c.. _ ................ _. _' .. _~I •• ..c· -._ .... ~.I.Q • 1. ............ .. .1. ........ + t HORTH ~ ~Y~AllOT :EC~ W .1 •. J j"'-;9 .. ,--, ~-~.-",...-1 ~ .. ('JIIlM .... ".,. '\ ~ I ' ..... ~SDi '::T·a19~ ~~i'I'.w..~ I:' !' -r /.,., .. '. . --.... !-D al'~ -' ~ ~ I ! ,. .L .' , :.i,~ .,: I . .·0. ~ 1 ., :: ___ ~ ___ ::L1 ~ .",n ~ -.. """,.,....... ~."..."" 4 .. nair ,.,.., M!U~' ,.~) uc.tJ( n«~r 'r!P!CA!.lOT -•• GENERAL NOTES ." " 1OfAI. AIIU. wrf'teII ..,. ........ ICUC»IIY ...... A.C.. .. L an Met I'k&. aotI'U wu. .. &:1 UJIIUN O~ ...,..." J. AIIUL ~ .. Z8IdM AIJU.L Dt.tto ..... ...,. c::DN1tUtS At II'OO1I11f'1JNlU. • .. '" au. C'IUIIt¥E ..... -.o.w NIl( ~fL L AU.t.Or .... 1ICIliIt1 AND MUS ~ AM ~ f. LUlT'tfWCWe Ot..W.1YlTa1 CU'I'-fno., c.y. N.l-UUJl Col'. DPOIn' ... 4II,IJI c.Y. It. f'OTAt. ........ ",. ~~~.I .. H._~' •• f'WUC IBWIC:U'" ~ ....... ,...... _____ •••••••••••• ClTTO#~ ..rB. ..•..••..•..•.. anO#~ .... n6-,... aw... ~ ....... cx..ny",. ..... c.ao f'lOOD cc:wnw::w.. 0ISnIC:f •• -or"252 GAl AIC) 1UCnIIC •••••• &.OJl.& E. t-eOO"':n-... , ~ ••.•••...... ~.aL •• -''''',., CAaIL£ ~ .... 'fill. 0IaL W'IIICIrf ... .... ,.-.. 11 ...... f'IIIIIOfECI'IO •••••• CITy 01" CM&...NAD •• -,r. .... ", ICMOO...a •••••••••••• ~ lNI'IID KMOQ. DlITIIICI' I ..... 00I'fC: ......... LlJI" , ... ~ .............. , Cfn ........... _ ..... HeIoAL ........ --.0 •••• , ........ LEGAL DESCRIPTION ~~OJUilTIIIIOFIHEIICJII1NIIIeA'CU«llROIFE::ft:Iit .. .,.......~fWGE.IilUT..,..~~"'" COMfYCW'''''c.!DQ,.sw£CW'~ LEGEND ~_MO.......:x..f. f'tiOOOIIm .no..e«RMfIKJ~ ......... ------~ft:lIIII~amw ---<: VIEWPOINT C.T .. M-" _ .... -- , .1 ~). ~ ! i ~ " ~ i ~ = ~ ~""'-~T""A "--/~ I~ C141 "UTLMD DlnW£,. arE. '11 ! &All OII:QO, CAl.IPOfII-.&. .Inf ~ . ssoci.'q; -_ .... -.--.'"'-.... ---_ .... .... .-.... KALa. r· •• · -... -W.O ••••• -'1 " ~.. 'e$' l.:.U.::&.. DIWD ... ~ kCL IIUI7 OIQ: .,. .............. Clllw-.. ') / ~, ~ ;