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HomeMy WebLinkAboutCT 89-32; WEST PALM; Tentative Map (CT)0 General Plan Amendment...... 0 Specific Plan 1 0 Site Development Plan....... Master Plan ................. Precise Development Plan... Zone Change.................. Tentative Tract Map ........ 0 Conditional Use Permit...... 0 Planned Development Permit 0 Hillside Development Permit. O Non-Residential Planned 0 Environmental Impact Development Permit ........ . Assessment................ I. -- -I CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) 0 Condominium Permit ......... ..________ 0 Special Use Permit ......... ..________ 0 Redevelopment Permit ....... .________ 0 Tentative Parcel Map ....... .________ 0 Administrative Variance.... 0 Variance.................... Planned Industrial Permit... Coastal Development Permit.. -I 0 Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE f NORTH lSIDE OFt Buena Vista Avenue I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Arland Road I AND FValley Street I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Par. Lots 3 and 4 of the Wilsonia Tract According to Map No. 2169 4) ASSESSOR PARCEL NO(S). 156-142-31 and 156-142-32 5) LOCAL FACILITIES El 6) EXISTING GENERALI i ""\ I 7) PROPOSED GENERALI I MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONING R-1-7 ]9 ) PROPOSED ZONING[ R-1-7 110) GROSS SITEI1.51 ACj. ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBERj 5 J13) TYPE OF I Residentfal RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS 1 COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL I N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE J 0 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC 20) PROJECT NAME: MARHOEFEP. 5-LOT SUBDIVISION 21)BRIEF DESCRIPTION OF PROJECT: Creation of 5 lots for single family I residential dwelling units. I 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) GEORGE G. MARHOEFER NAME (PRINT OR TYPE) SA M F_ MAILING ADDRESS MAILING ADDRESS 4437 Mayfair Ct. CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE _CA Carlsbad, 92008(619)434-6440 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 7/3i/ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED sp Cy EJJ+ 2oo fFF $ aL/ - 7 CITY OF CARLSBAD. DEVELOP. PROC SERV. DIV. DATE STAMP APPLICATION RECEIVED RECEIVED BY: 11 TOTAL FEE REQUI RED I ' /-' / I DATE FEE PAIDI 7/ ' / ?I RECEIPT NO. I ARFM0008.DH 4/89 I 0 I CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS The/following materials shall be submitted for each application. 0 1. Eight copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8½ x lit , size. Fifteen copies of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. General Information: / A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; LW B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; C. North point; LVJr D. Scale; vicinity map; , E. Date of preparation; F. Classification of lots as to intended residential, commercial, industrial or other uses; G. Tentative Map number in upper right hand corner (City to provide number at time of application.) H. Number of units to be constructed when a condominium or _j community apartment project is involved; hr I. Name of sewer and water district providing service to the project. L*L J. Average Daily Traffic generated by the project broken down by separate uses. II. Site Information: A. General LU 1) Approximate location of existing and proposed buildings ' and permanent structures; 2) Location of all major vegetation, showing size and type; 3) Location of railroads; 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; - B. Streets and Utilities 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) ARFRM0003A.DH 7/89 rN . I L../ 2) Name, location and width of existing adjacent streets 3) and alleys. Typical street section for all adjacent streets and streets within the project. 4) Width and location of all existing or proposed public or private easements; L 7 5) Public and private streets and utilities clearly identified. L7 6) Show distance between all intersections and medium and - high use driveways. thY/A 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. LZ 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage L/ 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved; L.LL 2) Earthwork volumes: cut, fill, import and export. Al 3) Spot elevations at the corners of each pad. 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less - than standard frontage. LEI 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any - proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. 2. One (1) copy of 8 1/2" x 11" site plan. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). 4. Environmental Impact Assessment Form (Separate fee required). Required for tentative parcel maps only where significant grading / IS proposed. Check with Planning staff to determine if required for your application. 4/ 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. 6. Disclosure Statement. (Not required for tentative parcel maps.) ARFRII0003A.DH 7/89 0 . I LI 7. Property Owner's List and Address Labels - /A typewritten list of names and addresses of all property V owners and occupants within the specified radius from the subject property as follows: Within a 600 foot radius for all tentative tract maps. Within a 600 foot radius for all tentative parcel maps with concurrent site development plan applications. Within a 300 foot radius for all other tentative parcel map, condominium permit or planned development permit applications. In addition for all condominium conversion projects, include a list of names and addresses for all tenants. For all project applications, include on the list the name and address of the applicant and/or owners. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two separate sets (three for tentative parcel maps with concurrent site development plan applications) of mailing labels for all property owners, tenants, applicant and/or owner as required above. For any address other than single family residences the apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. £7" 8. 600 Foot Radius Map (300 foot for tentative parcel maps without associated site development plans applications) A map to scale not less than 1" = 200' showing each lot within 600 feet (300 feet) of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. r,T 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. 10. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). \'.r.sv LV' 11. Proof of availability of sewer if located in the Leucadia County Water District or the San Marcos Water District. ZV 12. A letter from the appropriate water district indicating that compliance with the Growth Management Performance Standard will be - maintained with the proposed development. LI 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. ARFRM0003A. DH 7/89 0 z3t 14. d15. LI LI LI LI LI LI 1-I LI LI LI LI LL LI W''Im. WA rlj~ /j 17. No 18. ri9. S S Statement of agreement to waive tentative tract map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. Constraints Mao (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: This information is not required for previously graded sites and the conversion of existing structures.) 1. Major ridge lines 2. Distant views 3. Internal views 4. Riparian woodlands 5. Intermittent drainage course 6. 25 - 40% slopes 7. Slopes 40% and above 8. Major rock outcroppings 9. Easements 10. Floodplains 11. Archaeological sites 12. Special planning areas 13. Biological Habitats. For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day: Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates c) Necessary calculations and or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required). ARFRM0003A.DH 7/89 . I 21. For all condominium and planned development projects eight (8) copies of preliminary landscape plan (four (4) copies for projects with four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x lilt size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to - approval of the project. - Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. LI b. Typical plant species and their size for each planting zone. LI C. An estimate of the yearly amount of irrigation (supplemental) - water required to maintain each zone. LI d. Landscape maintenance responsibility (private or common) for - all areas. e. Percent of site used for landscaping. / 22. For all condominium and planned development projects, eight. (8) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building - elevation and floor plan shall include the following information: LI a. Floor plans with square footage included. LI b. Location and size of storage areas. LI C. All buildings, structures, walls and/or fences, signs and exterior lights. -06 ARFRM0003A.DH 7/89 I' 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 Qtitp of QCartbab DEVELOPMENT PROCESSING SERVICES DIVISION TELEPHONE (619) 438-1161 MARCH 26, 1987 STREET ADDRESS SUBMITTAL REQUIREMENTS FOR LARGE PROJECTS TO WHOM IT MAY CONCERN: Four (4) copies of the approved site plan must be submitted with the first plan check. The site plans shall show all lot numbers for Single Family Projects. Site plans for Multi Family, Commercial or Industrial Projects shall show each unit or suite number and the floor level where each unit is located. Addresses will be assigned during the first plan check, and copies of the assigned addresses will be provided to the applicant. For further information, call Paul York at 438-1161. AY NDA.MI Manager RAM:cj CC: MARTIN ORENYAK is . I 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. Signature Date Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 (9 POOR QUALITY ORIGINAL (S) 0 0 City Engineer CITY OF CARLSBAD 2075 La Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED TENTATIVE MAP NO. I (We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1 of the Subdivision Map Act and I (we) will make the notifications to the tenants required therein. DATE OWNER DATE OWNER 66427.1 Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium ciruity apartment or stock cooperative projects. The Legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9 written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received aLl applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and the such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants; including, but not limited to, the provision of services, payments of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. (Amended, Chapter 1128, Statutes of 19802 El CONTINENTAL LAWYERS TITLE A Wholly owned Subsidiary of Lawyers Title Insuraxx Ccrporaticn 4542 Ruffner Street, Suite 200, San Diego, Telephone (619) 278-4171 COMPANY California 92111 Mark J. Nolan 3821 Nipcma Place San Diego, California 92106 Attention: Mark J. Nolan Your No.: Nolan Our No.: 132502-08 Dated asof June l2, 1992 at7:30a.m. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, CONTINENTAL LAWYERS TITLE COMPANY, A California Corporation hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Policies of Title Insurance describing the lard 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached cover sheet. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENUMEN[S HEREIO) 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. The form of Policy of Title Insurance contarplated by this report is: 1. California Lard Title Association Standard Coverage Policy - 1990 [ ] 2. American Lard Title Association (rer's Policy (4-6-90) [ I 3. American Lard Title Association Residential Title Insurance Policy [ I (6-1-87) 4. American Lard Title Association Loan Policy (4-6-90) [ I Title Officer, Melissa Werner, X#407 4LER NO.: 132502-08 The estate or interest in the land hereinafter described or referred to covered by this report is: a fee Title to said estate or interest at the date hereof is vested in: Mark J. Nolan, a single man The land referred to in this report is situated in the State of California, County of San Diego and is described as follows: SEE ATTACHED LPL DESCRIPTION 01 ORDER C.: 132502-08 SCHEDULE A (cxtinued) Parcel 1: All that portion of Lots 3 and 4 of Wilsaiia Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the Office of the County Recorder of San Diego County, August 13, 1929, as described on the addendum attached hereto and made a part here of: Ctnuencing at a point on the Northeasterly lire of said Lot 4, distant thereon North 34033! West 217.36 feet fran the most Easterly corner of said lot, said point being the most Northerly corner of lard described in deed to George Fe, r ecorded in Book 1711, Page 498 of Official Records; thence along the Northeasterly lire of said Lot 4 North 34033 West 133.51 feet to the most Easterly corner of lard described in deed to Myrtle Mullen, recorded in Book 3954, Page 315 of Official Records; there along the Southeasterly lire of said lard, South 55°27' West 200.00 feet to the True Point of Beginning; tbexxe continuing along said Southeasterly lire, South 55027! West 60.00 feet to the Southwesterly oDxrer of said lard; thence along the Southwesterly lire of said lard, North 34 0 33' West 83.75 feet to the Northwesterly corner thereof; thence leaving said lard South 550271 West 140.80 feet to an intersection with the Northwesterly prolongation of the Northeasterly lire of said Lot 3; thence along said prolongation and along the Northeasterly lire of said Lot 3, South 34'33 1 East a distance of 154.26 feet; thence leaving said Northeasterly lire, South 55 -27' West 60.00 feet; tberos South 34° 33' East 196.13 feet, more or less, to the Southerly lire of said Lot 3; thrke along said Southerly lire, South 89 0 03 1 30" East 68.33 feet to the Southeasterly corner of said Lot 3; thence along the Northeasterly lire of said lot, North 340331 West 174.13 feet to the lire of said lot, North 34033! West 174.13 feet to the most Westerly corner of said lard described in George Ede; thence along the Northwesterly lire of said lard, North 55 0 27' East, a distance of 201.24 feet to a lire that bears South 34°33' East parallel with the Northeasterly lire of said Lot 4 from the True Point of Beginning; thence along said parallel lire North 340331 West 133.51 feet to the True Point of Beginning. ~01 JVER NO.: 132502-08 AT •I•1I EXCEPTIONS 1 COVERAGE IN •s i PRINTED 4I •_ AND IN THE I)I(si !i)! DESIGNATED •: J' •j II u I-i AS SJ •it. 1. Property taxes, including any asses sments collected with taxes, to be levied for the fiscal year 1992-93 which are a lien not yet payable. 2. Property taxes, including any asses sments collected with taxes levied for the fiscal year 1991-92 which are a lien. First Installment: Delinquent Second Installment: Delinquent 3. Delinquent property taxes, including all personal property taxes and any assessments collected with taxes, for the fiscal year 1990-91, and any subsequent delinquencies. Amount to pay: $5,467.50 Prior to: June 30, 1992 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (a]iiieroirg with Section 75) of the Revenue and Taxation Code, of the State of California. 5. Easements and rights of way for road and public utilities, and appurtenanc es thereto, as reserved and conveyed by various deeds of record. Affects: Easement Parcel 2 Any interest existing by virtue of Covenants, Conditions and Restrictions and Easements herein shown, have not been examined or traced beyond the dates of the Instruments creating the same. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: road Recorded: May 27, 1963 as File/Page No . 52327 of Official Records Affects: that portion of the herein described property lying within Lot 3 Said easement has been granted and reserved in various deeds of record. ~01 . a ORDER ND.: 132502-08 SCHEDULE B (continued) 7. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $150,000.00 Dated: May 18, 1989 Trustor: George G. Marloefer and Sharon Odell MarIefer, husband and wife Trustee: Hare Federal Savings and Loan Association, a corporation Beneficiary: Mark J. Nolan, a single man Recorded: May 23, 1989 as File/Page No. 89-270303 of Official Records 8. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Mount: $34,989.00 Dated: July 6, 1991 Trustor: George G. MariToefer and Sharon Odell Marlcefer, husband and wife as joint tenants Trustee: Verdugo Service Corporation, a California corporation Beneficiary: Mark J. Nolan, a single man Recorded: July 11, 1991 as File/Page No. 1991-0340801 of Official Records Note No. 1: Property taxes for the fiscal year shown below. For proration purposes the amounts are: Fiscal year: 1991-1992 1st Insta11nnt: $1,133.97 Open (Delinquent) Penalty: $113.40 2nd Instalment: $1,133.97 Open (Delinquent) Penalty: $123.40 Exemption: $rcna Land: $208,080.00 Improvements: 09000 Assessor's No: 156-142-31 LV . O ORDER ND.: 132502-08 SQIEIXJLE B (cxztinued) Note No. 2: Property taxes for the fiscal year Sl'Qfl below. For proration purposes the amounts are: Fiscal year: 1991-1992 1st Instalment: $54.65 Open (Delinquent) Penalty: $5.47 2nd Instalment: $54.65 Open (Delinquent) Penalty: $15.47 Exemption: $5,100.00 Improvements: $rre Personal- Property: $rre Code Area: 09000 Assessor's No: 156-142-41 Note No. 3: For proration purposes the aITK)ufltS for the fiscal year shown below. Fiscal year: 1990-1991 let Instalment: $no tax due Penalty: $rx)re 2nd Instalment: $no tax due Penalty: $r'ore Exemption: $rxDre Land: $100.00 Improvements: $rre Personal Property: $rore Code Area: 09000 Assessor's No: 899-516-78-99 inquiries regarding the origination date and purpose of the above referenced parcel should be made to the Assessor's Office at (619) 531-5761. ORDER ?O.: 132502-08 SQ!JLE B (cxtinued) Note No. 4: for the fiscal year shown below. Fiscal year: 1990-1991 1st Installment: $Ix) tax due Penalty: $rcna 2nd Instalment: $no tax due Penalty: $xx)ue Exemption: $rue Larxi: $100.00 Improvements: $roue Personal Property: $ixre Code Area: 09000 Assessor's No: 899-516-79-09 For proration purposes the amounts inquiries regardirg the origination date and purpose of the above referenced parcel should be made to the Assessor's Office at (619) 531-5761. (3~ H . ORDER NO.: 132502-08 I.:i Jj WOWESA 1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL AIJI) SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: 2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT BY DRAFT OR CHEEK. 3. ELECrIJNIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISEI1ENT. 4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DIS3JRSB4ENT UNTIL THE DAY PROVIDED IN REGULATION CE ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS- 5. SI-!GJID YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. FOR YOUR INFORMATION OUR WIRING INSTRUCTIONS ARE AS FoLrJLS: NORTH COUNTY BANK - MAIN OFFICE 444 SOUTH ES(X)NDIDO BOULEVARD ESCONDIDO, CALIFORNIA 92025 ACCOUNT # 0510144658 ABA 122234372 REF: CONTINENTAL LAWYERS TITLE ORDER NO. ro% • 156-14 rroo- \ • • 0 0.88 AC •, • KA e I PAC / I CHANGES 11 1. / PA E) ! • SO / 0 • I P •••.1 • 002 69 1176 - 1 .. / ' \ .• /42 /5 75 742 /1 4 . 054 AC • PAR 2 PAR.I • \ \ • zj4 ..Y7 ZZ19Z /42 7 1 200 I PAP 2 • . I -71 I - \ 0.720C ® . •• .- 4 0.50AC I Ii 9 g . . - •,• •. PAR. 11 . :. 0 / : 1.08 AC . . V 0 . . . 141 1.19 AC ,o0 '..• 2.15 AC ;'• 1.47 AC ;. 2 S II . 00o 44 — --VIS—TA to be PB AVE. correct OccUrf t-y for an 9!0 , U)MAPPED FOR ASSESSMENT PURPOSES ONLY 14 SUN 01EGO COUNTY ASSESSORS HAP UK 156 PG I ROS 1474 S 4INTINENTAL LAWYERS TITLE CO'PANY A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 GEORGE MARHOEFER 4437 MAY FAIR COURT CARLSBAD, CALIFORNIA 92008 ATTENTION: YOUR No. MARHOEFER OUR No. 132502-08 DATED AS OF MARCH 14, 1990 AT 7:30 P.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAWYERS TITLE 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 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. 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. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT is: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY IX] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY I] 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY I] 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B C] WALT KEYES, TITLE OFFICER 0 SCHEDULE 4 ORDER NO. 132502-08 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT Is: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED 1N GEORGE C. MARHOEFER AND SHARON ODELL MARHOEFER, HUSBAND AND WIFE, AS JOINT TENANTS THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION 0 O HEDULE A PAGE NO. 2 OR NO. 132502-08 LEGAL DESCRIPTION THAT PORTION OF LOT 3 OF THE WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 55 0 27' WEST 30.00 FEET TO A POINT IN A LINE LYING PARALLEL TO AND 30.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH 34 0 33' EAST 19.44 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 0 29 1 30" A DISTANCE OF 167.25 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 0°56 1 30" WEST, 89.71 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9000010011, A DISTANCE OF 31.42 FEET TO A POINT IN A LINE LYING PARALLEL TO AND 10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE RADIAL TO SAID CURVE, SOUTH 0 0 56'30 WEST 10.00 FEET TO A POINT IN SAID SOUTHERLY LINE AND THE POINT OF TER- MINUS, SAID POINT OF TERMINUS LYING NORTH 8900313011 WEST 203.66 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 3. Xly 922 40 SCHEDULE B to ORDER NO. 132502-08 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1990 - 1991 WHICH ARE A LIEN NOT YET PAYABLE. 2. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1989-1990 WHICH ARE A LIEN. FIRST INSTALLMENT: OPEN DELINQUENT SECOND INSTALLMENT: DUE AND PAYABLE 3. DELINQUENT PROPERTY TAXES, INCLUDING ALL PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1985-86, AND ANY SUBSEQUENT DELINQUENCIES. AMOUNT TO PAY: $4,844.10 PRIOR TO: APRIL 30, 1990 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROAD RECORDED: AUGUST 2 1971 AS FILE/PAGE NO. 169487 OF OFFI- CIAL RECORDS AFFECTS: MOST NORTHEASTERLY 30 FEET AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER ( AMOUNTS DUE. DEBTOR: CHARLES DIX AND MARHA DIX CREDITOR: RIGGS, FLETCHER AND MACK AND JOE N. TURNER DATE ENTERED: AUGUST 31, 1988 COURT: US BANKRUPTCY CASE NO. 84-04027-11 AMOUNT: $84,000.00 + INTEREST RECORDED: SEPTEMBER 20, 1988 AS FILE/PAGE NO. 88-472518 OF OFFICIAL RECORDS 7<' AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER / AMOUNTS DUE. DEBTOR: CHARLES DIX CREDITOR: BOB SPECK DATE ENTERED: FEBRUARY 21, 1989 COUNTY: SAN DIEGO COURT: SUPERIOR CASE NO. N42644 AMOUNT: $1,997.00 RECORDED: MARCH 13, 1989 AS FILE/PAGE NO. 89-126103 OF OFFICIAL RECORDS (D VEDULE B PAGE NO. 2 ODER NO. 132502-08 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $325,000.00 DATED: - OCTOBER 6, 1988 TRUSTOR: CHARLES DIX AND MARTHA DIX, AKA MARTHA L. DIX AKA MARTHA LOUISE DIX, HUSBAND AND WIFE TRUSTEE: ALVARADO INVESTMENT CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: NAIMCO-CLAIREMONT, INC., A CALIFORNIA CORPORATION RECORDED: DECEMBER 1, 1988 AS FILE/PAGE NO. 88-614302 OF OFFICIAL RECORDS A NOTICE OF DEFAULT UNDER THE TERMS OF SAID DEED OF TRUST EXECUTED BY: ALVARADO INVESTMENT CORPORATION, A CORPORATION RECORDED: JANUARY 12, 1990 AS FILE/PAGE NO. 90-023283 OF OFFICIAL RECORDS AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER AMOUNTS DUE. DEBTOR: CHARLES DIX; MARTHA L. DIX; BOTH DBA BUNDY'S KEY SERVICE AND DOLLS FOREVER YOURS CREDITOR: THE FALLON AGENCY DATE ENTERED: MAY 19, 1989 COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO. 86 149 AMOUNT: $2,314.85 RECORDED: JUNE 14, 1989 AS FILE/PAGE NO. 89-313287 OF OFFI- CIAL RECORDS ATTORNEY FOR JUDGMENT CREDITOR: WM. GREGORY POLSTER ATTORNEY AT LAW 2166 D AVENIDA DE LA PLAYA LA JOLLA, CA 92037 AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER AMOUNTS DUE. DEBTOR: CHARLES DIX; MARTHA DIX CREDITOR: ASHBURY PARTNERS, INC., A CALIFORNIA CORPORATION DBA CIPHER SCAN DATE ENTERED: MAY 25, 1989 COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO. B 86642 AMOUNT: $8,337.50 RECORDED: JUNE 14, 1989 AS FILE/PAGE NO. 89-312900 OF OFFI- CIAL RECORDS LV •EDULE B PAGE NO. 3 WER NO. 132502-08 AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER ( AMOUNTS DUE. DEBTOR: CHARLES DIX; MARTHA L. DIX CREDITOR: - SCRIPPS CLINIC & RESEARCH FOUNDATION DATE ENTERED: 07/25/89 COUNTY: SAN DIEGO COURT: MUNICIPAL CASE NO. SC510220 AMOUNT: $1,789.25 RECORDED: OCTOBER 17, 1989 AS FILE/PAGE NO. 89-562194 OF OFFICIAL RECORDS 12. A CERTIFICATE OF COMPLIANCE UNDER (SECTION 11538.3 OF THE BUSINESS & PROFESSIONS CODE) HAS BEEN RECORDED: MARCH 5, 1990 AS FILE/PAGE NO. 90-116037 OF OFFI- CIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER IN COMPLIANCE WITH THE SUB- DIVISION MAP ACT AND WITH PROVISIONS OF THE SAN DIEGO COUNTY CODE ADOPTED PURSUANT THERETO. 13. A CERTIFICATE OF COMPLIANCE UNDER (SECTION 11538.3 OF THE BUSINESS & PROFESSIONS CODE) HAS BEEN RECORDED: MARCH 5, 1990 AS FILE/PAGE NO. 90-116038 OF OFFI- CIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER IN COMPLIANCE WITH THE SUB- DIVISION MAP ACT AND WITH PROVISIONS OF THE SAN DIEGO COUNTY CODE ADOPTED PURSUANT THERETO. NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1989 - 1990 1ST INSTALLMENT: $559.87 OPEN (DELINQUENT) PENALTY: $55.99 2ND INSTALLMENT: $559.87 OPEN PENALTY: $NONE EXEMPTION: $7,000.00 LAND: $47,026.00 IMPROVEMENTS: $62,661.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 156-142-32 IVEDULE B PAGE NO. 4 *ER NO. 132502-08 NOTE NO. 2: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. NOTICE 1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: 2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT BY DRAFT OR CHECK. 3. ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. 4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. 5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 0 S . PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND THE COST. 7-17 - Lawyers Title Insurance corporation a Virginia corporation, herein called the Company, I A PU The Assured named in schedule A, against actual loss not exceeding the liability amount stated in said Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in said Schedule A, attached hereto. LIABILITY EXCLUSIONS AND LIMITATIONS No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. IN WITNESS WHEREOF, The Company has caused this Guarantee to be signed and sealed and to be valid when attached to a dated, prenumbered Schedule A signed by the same authorized person whose countersignature appears below. Lawyers 'fltIe Insurance Corporation -' •.\ President Attest: Counters ned Secretary By al atm fficer CLTA Guarantee Face Page 061-3-00(1-01)00 a) CTA GUARANTEE FORM NO. 3 (2-1-68) AT 1M 7-68 SCHEDULE A PROPERTY SEARCH GUARANTEE ISSUED AT: CONTINENTAL LAND TITLE COMPANY 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 DATE: JULY 17, 1989 ORDER NO.: 31-8112 LIABILITY: $400.00 FEE: $300.00 NAME OF THE ASSURED: GEORGE MARHOEFER CITY OF CARLSBAD THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: THAT, ACCORDING TO THE OFFICIAL NAME INDEX TO THE LATEST EQUALIZED ASSESSMENT ROLL OF SAN DIEGO COUNTY, CALIFORNIA, AS OF JULY 17, 1989 WITH RESPECT TO THE OWNERSHIP OF THE LAND WITHIN A RADIUS OF 600 FEET OF THE LAND DESCRIBED ON SCHEDULE B IS AS FOLLOWS: 1. PARCEL NO. 156-142-33, MURILLO, VICTOR AND ERMINIA, HUSBAND AND WIFE, AS JOINT TENANTS 2735 WILSON STREET, CARLSBAD, CALIFORNIA 2. PARCEL NO. 156-142-35, DUNAWAY, JACK T AND KIMBERLY G, HUSBAND AND WIFE, AS JOINT TENANTS DUNAWAY, MARY I., 2765 WILSON STREET, CARLSBAD, CALIFORNIA. 3. PARCEL NO.156-142-36, ARMSTRONG, GREGORY J. AND BEVERLY J., HUSBAND AND WIFE, AS JOINT TENANTS, 2771 WILSON STREET, CARLSBAD, CALIFORNIA. 4. PARCEL NO. 156-142-39, MULLIGAN, THOMAS T. AND DEBORAH L., HUSBAND AND WIFE, AS JOINT TENANTS, 2777 WILSON STREET, CARLSBAD, CALIFORNIA. 0 • PAGE No. 2 PROPERTY SEARCH GUARAN• CONTINUED: • ORDER No. 31-8112 5. PARCEL NO. 156-142-38, MULLIGAN, THOMAS T. AND DEBORAH L., HUSBAND AND WIFE, AS JOINT TENANTS, 2777 WILSON STREET, CARLSBAD, CALIFORNIA. 6. PARCEL NO. 156-142-15, BRANDOW, BRADLEY AND GAYLE, HUSBAND AND WIFE, AS JOINT TENANTS, 2803 WILSON STREET, CARLSBAD, CALIFORNIA. 7. PARCEL NO. 156-142-13, FLAMING, RODGER L., A MARRIED MAN, AND HIS SOLE AND SEPARATE PROPERTY, 2815 WILSON STREET, CARLSBAD, CALIFORNIA. 8. PARCEL NO. 156-142-12 1 EZELL, EUGENE A. AND ELLEN E.,, HUSBAND AND WIFE, AS JOINT TENANTS, 2835 WILSON STREET, CARLSBAD, CALIFORNIA. 9. PARCEL NO. 156-142-06, TELL, DARRYL M. AND KATHRYN R, HUSBAND AND WIFE, AS JOINT TENANTS, 1700 BUENA VISTA WAY, CARLSBAD, CALIFORNIA. 10. PARCEL NO. 156-142-07, PORTER, CLARENCE R. AND PATRICIA A., HUSBAND AND WIFE, AS JOINT TENANTS, 1710 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 11. PARCEL NO. 156-142-08, JOLLY, HENRY R. AND KATHLEEN G., HUSBAND AND WIFE, AS JOINT TENANTS, 1740 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 12. PARCEL NO. 156-142-11, DE LONG, JOHN R., 2865 WILSON STREET, CARLSBAD, CALIFORNIA. 13. PARCEL NO. 156-142-09, BLUM, ROBERT F. AND KATHRYN A., HUSBAND AND WIFE, AS JOINT TENANTS, 1780 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 14. PARCEL NO. 156-142-10, SOWELL, THELMA L., 2885 WILSON STREET, CARLSBAD, CALIFORNIA. 15. PARCEL NO. 156-142-32, DIX, CHARLES AND MARTHA, HUSBAND AND WIFE, AS JOINT TENANTS, 1600 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 16. PARCEL NO. 156-142-04, HELTON, CLAUD R. AND GRETCHEN E., HUSBAND AND WIFE, AS JOINT TENANTS, P. 0. BOX 356, CARLSBAD, CALIFORNIA, 2778 ARLAND ROAD, CARLSBAD, CALIFORNIA. 17. PARCEL NO. 156-142-03, HELTON, CLAUDE R. AND GRETCHEN E., HUSBAND AND WIFE, AS JOINT TENANTS, 2754 ARLAND ROAD, CARLSBAD, CALIFORNIA. 18. PARCEL NO. 156-142-02, PO-FENG NI AND YOU-HUEI NI, HUSBAND AND WIFE, AS JOINT TENANTS, HSHING-LUNG LIN AND CHENG-MEI LIN, HUSBAND AND WIFE, AND BO-LIANG NI AND MIN-LING NI, 2740 ARLAND ROAD, CARLSBAD, CALIFORNIA. 19. PARCEL NO. 156-142-01, MCEWAN, MARION A., TRUSTEE, AS TO AN UNDIVIDED 1/2 INTEREST AND MCEWAN, MARION A., AS TO AN UNDIVIDED 1/2 INTEREST, 2724 ARLAND ROAD, P. 0. BOX 102, CARLSBAD, CALIFORNIA. 10-17 PAGE No. 3 PROPERTY SEARCH GUARAN• CONTINUED: ORDER No. 31-8112 20. PARCEL NO. 156-141-07, FLETCHER, DEBRA, 2738 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 21. PARCEL NO. 156-141-06, LANGSTON, JOHN W. AND JANE 1., HUSBAND AND WIFE, AS COMMUNITY PROPERTY, 2744 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 22. PARCEL NO. 156-141-08, AVERY, AUDREY E, ESTATE OF, 2756 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 23. PARCEL NO. 156-141-03, T. MARK REMAS AND VICKI BROWNE-REMAS, HUSBAND AND WIFE, AS JOINT TENANTS, 2757 ARLAND ROAD, CARLSBAD, CALIFORNIA. 24. PARCEL NO. 156-141-09, FAIRCHILD, HELEN G., EST OF, 2792 HIGHLAND DRIVE., P. 0. BOX 98, CARLSBAD, CALIFORNIA. 25. PARCEL NO. 156-142-35, STEPHEN E. BLAINE AND CHERYL A. BLAINE, HUSBAND AND WIFE, AS JOINT TENANTS, 2755 WILSON STREET, CARLSBAD, CALIFORNIA. 26. PARCEL NO. 156-130-06, MOONEY, HERBERT S. AND MARY S., HUSBAND AND WIFE, AS COMMUNITY PROPERTY, 2684 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 27. PARCEL NO. 156-130-07, MCEWAN, MARION A., TRUSTEE AS TO A 1/2 INTEREST; AND MCEWAN, MARION A., AS TO A 1/2 INTEREST, P. 0. BOX 102, CARLSBAD, CALI- FORNIA, 2710 ARLAND ROAD, CARLSBAD, CALIFORNIA. 28. PARCEL NO. 156-130-18, ANDRE, PIERRE N. JR. AND MARIE S., HUSBAND AND WIFE, AS JOINT TENANTS, 2675 WILSON STREET, CARLSBAD, CALIFORNIA. 29. PARCEL NO. 156-130-26, MC EWAN, MARION A., TRUSTEE, P. 0. BOX 102, CARLSBAD, CALIFORNIA. 30. PARCEL NO. 156-130-20, GILBERT, WILBURN D. AND MARGARET 3., HUSBAND AND WIFE, AS JOINT TENANTS, 2697 WILSON STREET, CARLSBAD, CALIFORNIA. 31. PARCEL NO. 156-130-21, PAHL, ARCHIE W., JR., FAMILY TRUSTE, 2717 WILSON STREET, CARLSBAD, CALIFORNIA. 32. PARCEL NO. 156-130-22, 0 GRADY, JULIETTE F., 2725 WILSON STREET, CARLS- BAD, CALIFORNIA. 33. PARCEL NO. 156-152-12, GUEVARA, LOUIS P. AND ADELINE S., HUSBAND AND WIFE, AS JOINT TENANTS, 2710 WILSON STREET, CARLSBAD, CALIFORNIA. 34. PARCEL NO. 156-152-14, HINES, WILLIAM AND LAVENA R., HUSBAND AND WIFE, AS JOINT TENANTS, 511 SO. MAIN STREET, #8B, GALLATIN, MO., 2729 CREST DRIVE, CARLSBAD, CALIFORNIA. 35. PARCEL NO. 156-152-15, CALCARA, CARL C. AND MARY D., HUSBAND AND WIFE, AS JOINT TENANTS, 2726 WILSON STREET, CARLSBAD, CALIFORNIA. 9 PAGE No. 4 PROPERTY SEARCH GUARANT•CONTXNUED: • ORDER No. 31-8112 36. PARCEL NO. 156-152-17, KULIK, NXCOLAI AND KATHRYN, HUSBAND AND WIFE, AS JOINT TENANTS, 2749 CREST DRIVE, CARLSBAD, CN., 2741 CREST DRIVE, CARLSBAD, CALIFORNIA. 37. PARCEL NO. 156-152-16, CALCARA, CARL C. AND MARY D., HUSBAND AND WIFE, AS JOINT TENANTS, 2726 WILSON STREET, CARLSBAD, CALIFORNIA, 2736 WILSON STREET, CARLSBAD, CALIFORNIA. 38. PARCEL NO. 156-152-18, KULIK, NICOLAX AND KATHRYN, HUSBAND AND WIFE, AS JOINT TENANTS, 2749 CREST DRIVE, CARLSBAD, CALIFORNIA. 39. PARCEL NO. 156-152-19, PALMGUIST, GERALD 0. AND MARY J., HUSBAND AND WIFE, AS JOINT TENANTS, 2750 WILSON STREET, CARLSBAD, CALIFORNIA. 40. PARCEL NO. 156-152-31, CARTER, VIVIAN S., 2785 CREST DRIVE, CARLSBAD, CALIFORNIA. 41. PARCEL NO. 156-152-21, RUDDEN, THOMAS P. AND MARIE A., HUSBAND AND WIFE, AS COMMUNITY PROPERTY, 2790 WILSON STREET, CARLSBAD, CALIFORNIA. 42. PARCEL NO. 156-152-22 1 MAC GURN, RICHARD B. AND CYNTHIA L. S., TRUSTEES, 2800 WILSON STREET, CARLSBAD, CALIFORNIA. 43. PARCEL NO. 156-152-23, SIMS, JAMES S. AND MARILYN 3., HUSBAND AND WIFE, AS JOINT TENANTS, 2820 WILSON STREET, CARLSBAD, CALIFORNIA. 44. PARCEL NO. 156-152-24, LANTZ, WILLIAM A. AND DIANE M., HUSBAND AND WIFE, AS JOINT TENANTS, 2844 WILSON STREET, CARLSBAD, CALIFORNIA. 45. PARCEL NO. 156-152-35, SMITH, DALE WALKER AND ELEANOR GRACE, TRUSTEES, 11560 LA GRANGE ROAD, JAMESTOWN, CALIFORNIA, 1858 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 46. PARCEL NO. 156-152-34, ADAIR, JOHN D. AND VIOLET P., HUSBAND AND WIFE, AS JOINT TENANTS, 1818 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 47. PARCEL NO. 156-152-33, BARTHELMESS, ANN E., 2860 WILSON STREEET, CARLS- BAD, CALIFORNIA. 48. PARCEL NO. 156-152-32, KOLB, THEODORE M., 2890 WILSON STREET, CARLSBAD, CALIFORNIA. 49. PARCEL NO. 156-200-01, MEDINA, CONSTANTINO JR., 1677 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 50. PARCEL NO. 156-200-02, MEDINA, CONSTANTINO JR., 1677 BUENA VISTA AVE- NUE, CARLSBAD, CALIFORNIA. 01 PAGE No. 5 PROPERTY SEARCH GUARAN• CONTINUED: ORDER No. 31-8112 51. PARCEL NO. 156-200-03, PRINCE, CARL F. AND MARJORIE E., HUSBAND AND WIFE, AS JOINT TENANTS, 2935 VALLEY STREET, CARLSBAD, CALIFORNIA. 52. PARCEL NO. 156-200-04 WINDLE, JOHN R. AND REBECCA J (DvA), HUSBAND AND WIFE, AS JOINT TENANTS, 245 VALLEY STREET, CARLSBAD, CALIFORNIA. 53. PARCEL NO. 156-200-05, BENDER, MELODIE E., BENDER, DOROTHY A., 2955 VALLEY STREET, CARLSBAD, CALIFORNIA. 54. PARCEL NO. 156-200-06, MC COY, DANIEL AND PAMELA K., HUSBAND AND WIFE, AS JOINT TENANTS, 2965 VALLEY STREET, CARLSBAD, CALIFORNIA. 55. PARCEL NO. 156-200-07, GINN, BUNEVA C.; DEUEL, BUNEVA M., 6191 INSPIRA- TION WAY, LA JOLLA, CALIFORNIA, 2969 VALLEY STREET, CARLSBAD, CALIFORNIA. 56. PARCEL NO. 156-200-08, YARBERRY, NORA E., 2975 VALLEY STREET, CARLSBAD, CALIFORNIA. 57. PARCEL NO. 156-200-15, MEDINA, CONSTANTINO JR., 1655 BUENA VISTA AVE- NUE, CARLSBAD, CALIFORNIA, 1677 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 58. PARCEL NO. 156-200-12, RUNZO, JAMES E. T. AND FRANKIE G., HUSBAND AND WIFE, AS JOINT TENANTS, P. 0. BOX 717, CARLSBAD, CALIFORNIA, 3000 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 59. PARCEL NO. 156-200-16, CITY OF CARLSBAD, NO MAILING ADDRESS FOR THIS OWNER. 60. PARCEL NO. 156-200-30, SWAB, JAMES R., 2924 HIGHLAND DRIVE, P. 0. BOX 194, CARLSBAD, CALIFORNIA, 2916 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 61. PARCEL NO. 156-200-29, SWAB, JAMES R., 2924 HIGHLAND DRIVE, P. 0. BOX 194, CARLSBAD, CALIFORNIA, HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 62. PARCEL NO. 156-200-23, SCHROCK, WALLACE A. AND GLADYS M., HUSBAND AND WIFE, AS JOINT TENANTS, 2828 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 63. PARCEL NO. 156-200-22, LEWIS, DEBORAH C., SCHRODEK, ROGER A., 2840 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 64. PARCEL NO. 156-200-21, JOHNSTON, RICHARD B., JR., P. 0. BOX 123, CARLS- BAD, CALIFORNIA, 2850 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 65. PARCEL NO. 156-200-20, LAWSON, MARIE C., 2862 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 66. PARCEL NO. 156-200-19, MENDOZA, ALBERT AND SHARRYN I., HUSBAND AND WIFE, AS JOINT TENANTS, 2870 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 111 lAGE No. 6 )OPERTY SEARCH GUARANTEE CONTINUED: .DER No. 31-8112 0• 67. PARCEL NO. 156-200-18, BREMER, MYRON D. AND DOROTHY R., HUSBAND AND WIFE, AS JOINT TENANTS, 2880 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 68. PARCEL NO. 156-200-17, VINCENT H. ZIMMERER, JR., AN UNMARRIED MAN AND JOHN W. ZIMMERER, A SINGLE MAN, 2890 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 69. PARCEL NO. 156-200-31, SWAB, JAMES R., 2924 HIGHLAND DRIVE, P. 0. BOX 194, CARLSBAD, CALIFORNIA, HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 70. PARCEL NO. 156-200-28, SWAB, JAMES R., 2924 HIGHLAND DRDIVE, P. o. BOX 194, CARLSBAD, CALIFORNIA. 71. PARCEL NO. 156-220-02; MILES, HARRY W. AND JULIE V., TRUSTEES, 1833 BUENA VISTA AVENUE, CARLSBAD, CALIFORNIA. 72. PARCEL NO. 156-220-01, YADA, HENRY AND ITSUKO, HUSBAND AND WIFE, AS JOINT TENANTS, 5538 EL CAMINO REAL, CARLSBAD, CALIFORNIA, 2928 VALLEY STREET, CARLSBAD, CALIFORNIA. 73. PARCEL NO. 156-200-24, HUNTER, KIMBERLY J., 920 AVENIDA DE SAN CLE- MENTE, ENCINITAS, CALIFORNIA, 2824 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 74. PARCEL NO. 156-200-25, MILLER, CONSUELO, 2816 HIGHLAND DRIVE, CARLSBAD, CALIFORNIA. 0 • I 4.7 17 I ®P 'I< 16 c : 4 3.0tAC 01 S 39 LjO q, q q1 PAR U 30 234I - - ' •••tj / ® ' - / J2341 Ie6 ® @ ' I S I jL2!- • • .' • /J Z17 N. © ( - 154.Z4 - - c3/v1sfCD GD CD CD, I I I at as df, 2.00 AC. I?C (IiF A •':ARLAND. • • T A/i OW RLAND IR • -. 23 D cD j GD 31 IF irr 2 ' R4 .. Afl ST. OR jl~jt it < / ;7- ••• : -N3cc7'/;:P7 3!; 1;' '//West, 'o ,t /ii.e; t/,eiic i'v'pr,i (1 VI 01 ci:! : \* h',/on l'( ;'// SP( i541 d('('Q' cj/ed Jcrnior3i 12/ J92' c/ia' cc'iI 'ri ;t. • -- V \ /45/_, 'c9e 67 ofiJeea'.s ) //; p0/L/7 C ()L/thC?Yter4/ Otla' cI//t/;79 Nop//i 'EQ/ c/9 7/? /'f O• or-:'/ .'.2i/7 ' . , '04, 7 oiCZ7eejs.. (/,4J/oi/'7(..( ,/' /''/7ta1lI7 . ;c . \ Ji>,e of //(XQ ca/a/ i2ite/ 'tiy 7ict t 1, JC(:ora"/9 to •:L1 ' ,- \\ //%:, -i;'J 1)7 Ill cfAe- ' oi' 4-c ì;,p-aJr • [•' 3 'O I . t-z;*:):; 7248O/ee/ to i,c'o'>/ at, i'c : 'V 76' Jom Nc;'fr.eQ v/ le 1' tvotapartot .92 dcct'c/ed/'7 21 P'9c 253 fZe-;; /½irc ...: —' . '' q•• 5oj L'/6'J,/,L 0/09 iLhe : bdivi1,7 . 1* C, t7ild-914-d /c .i&i;. r 41y2L_,,--eci''d,(y )*f C/" •/I' 'e/''veei /9 c,id2O ofA7/Y(tO'7.3 :; • e ' \\ of cccod/Q a )'% e oi' c 7/ d dl e,.t beQf'W7//79, CAC C c7/)tfP c /Iie. r c Iro i ii / 'e ' ? C / - k..;?!A e",3-o,/h 286.4D /' of s 0/* ,..: T1 (Or ...:...... 50/d 5ccho 3/. ... h .• •• ' k' O & 11 \ \. e . .T •1• ' ..\ , t \ 77 c 721 R0t/,.J / J ;frp ' ._ i' 7/ : \ N .,\ P. \ . • .. .. I JA ce- S It rN. k:C.0 : ° C L) ' e g 6 \ \\ ( 77 C I 0330 41 Sill (\ N!\ / £t \ 4 ,, S. •, \. ) a c 9 .---—.—.—--- . N • CQP.ce , 15" IL7 L ( / \\ V \\\\\\ •. __,__v •.Q/i? of J C,.Ssd,4d .1 5iie /11 C/7d /oi- Coiti/q of3c, Di'qo op. Cc,/7 , sy bij ,<, /feF7 J'?Q/)' . /fr/ /'?c/d,.; &'xc/ '7J/ exea' c:'ii' 1,7 i½e L C) L1 . 96 k*-t-'-4.--' A :# I OCCc,,SLs:c, 2/7 b ,ic;,'fo/ , 'b;••ic i /:',r J/ -D1/Y,'-c/O7 .'/1sY-i,-/ J;'- /1c (l1. n rJ ' (/ .. t"'• 7 ...... •-. .. i ,,.. -- 'I.... •,c:7C,-- rI . )t,rc)ve - JIL /. j IlltFuum44 INTERIM BINPER FORM 2 19 lawyers Title Insurdnce Corpmt" !r. 1 : ry LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, hereby arees that it will issue, as of the date shown in Schedule A, its policy of title insurance In the farm #nd with a liability not exceeding the amount shown in Schedule A insuring title to the estate or interest described to be vested in the vestee named herein subject only to the Exceptions shown in Schedule B and to all of the provisions of the policy; or in the alternative, if a valid and sufficient instrument creating an inourobiq estate, interest, or lien in favor of the party named or referred to in paragraph I of Schedule A is executed, delivered and recorded within 730 days from the date shown in Schedule A, the policy will be issued as of the date of recording the instrument, insuring the estate, interest or lien subject only to the aforesaid exceptions and provisions of the policy and to liens, encumbrances, and any other matters affecting title which shall have intervened, or occurred, or become for the first time disclosed of record between the date shown in Sched- ule A and the date of recording the instrument, including those matters affecting title which may attach as a result of the recording. This Binder is null and void 730 days from the date shown in Schedule A or when the policy is issd, whichever shall first happen. IN WITNESS WHEREOF, the Company has caused this Binder to be signed and sealed, to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Contiftntil Laird Ti 4542 Ruttnei t. San Oleo, C3,ifoln Jj 921i) Issuing office: Couicrned by: 1jvyers rniJ 1nurrnce Gwnmotw il President Attest: Secretary 41:Qc105 I A Ii iiit HILIJ! \ I IL I .IfHI I h • BINDER SCHEDULE A ORDER NO.: 132502-08 DATED: MAY 23, 1989 AT 8:00 A.M. LIABILITY: $200,000.00 PREMIUM: $984.50 THIS BINDER IS ADDRESSED TO: GEORGE G. MARHOEFER AND SHARON ODELL MAR HOEF ER TYPE OF POLICY TO BE ISSUED: CLIA STANDARD OWNER'S COVERAGE 1. NAME OF PARTY IN WHOSE FAVOR AN ESTATE, INTEREST OR LIEN IS TO BE CREATED: A PURCHASER FROM THE VESTEE SHOWN IN PARAGRAPH 3 OF THIS SCHEDULE A. 2. THE ESTATE OF INTEREST IN THE LAND DESCRIBED OR REFERRED TO HEREIN IS: A FEE AS TO PARCEL 1 AND AN EASEMENT AS TO PARCEL 2. 3. TITLE TO SAID ESTATE OR INTEREST COVERED AT THE DATE HEREOF IS VESTED IN: GEORGE G. MARHOEFER AND SHARON ODELL MARHOEFER, HUSBAND AND WIFE, AS • JOINT TENANTS 4. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: SEE LEGAL DESCRIPTION ATTACHED (p LEGAL DESCRIPTION FOR 0 W NO. 132502-08 PARCEL 1: ALL THAT PORTION OF LOTS 3 AND 4 OF WILSONIA TRACT, IN THE CITY OF CARLS - BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF 2169 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST ]i, 1929, AS DESCRIBED ON THE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT THEREON NORTH 3433' WEST 217.36 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT, SAID POINT BEING THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE EDE, RECORDED IN BOOK 1711, PAGE 498 OF OFFICIAL RECORDS THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 4 NORTH 34 0 33' WEST 133.51 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MYRTLE MULLEN, RECORDED IN BOOK 3954, PAGE 315 OF OFFICIAL RECORDS THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND, SOUTH 5527' WEST i00-00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 55'27' WEST 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND, NORTH 34'33' WEST 83.75 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAID LAND SOUTH 55'27 WEST 1140.80 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3 THENCE ALONG SAID PROLONGATION AND ALONG THE NORTHEASTERLY LINE OF SAID LOT 3, SOUTH 34'33 EAST A DISTANCE OF 154.26 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 55'27' WEST 60.00 FEET; THENCE SOUTH 34033 EAST 196.13 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89'03'30" EAST 68.33 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 34'33' WEST 174.13 FEET TO THE LINE OF SAID LOT, NORTH 3433' WEST 174.13 FEET TO THE MOST WESTERLY CORNER OF SAID LAND DESCRIBED IN GEORGE EDE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND, NORTH 55 0 27' EAST, A DISTANCE OF 201.24 FEET TO A LINE THAT BEARS SOUTH 3433' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 4 FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE ;NORhhl 3433' WEST 133.51 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE NORTHEASTERLY 30.00 FEET OF LOT 3 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING WITHIN PARCEL NO. 1 HEREINABOVE DESCRIBED. EO 0 ORDER NO: 132502-08 BINDER SCHEDULE B IN ADDITION TO THE EXCEPTIONS SHOWN BELOW, IF THE POLICY OF TITLE INSURANCE TO BE ISSUED UNDER THE TERMS OF THIS BINDER IS THE CALIFORNIA LAND TITLE ASSOCIATION (C.L.T.A.) STANDARD COVERAGE POLICY FORM, THIS BINDER DOES NOT COVER, AND THE POLICY WILL NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS, ATTORNEYS' FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASON OF THE MATTERS LISTED UNDER PARAGRAPHS NUMBERED 1 THROUGH 9 ON THE BACK PAGE THIS BINDER. XcEPTJ0NS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO - VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND APPUR - TENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS DEEDS OF RECORD AFFECTS: EASEMENT PARCEL 2 ANY INTEREST EXISTING BY VIRTUE OF COVENANTS, CONDITIONS AND RESTRIC - TIONS AND EASEMENTS HEREIN SHOWN, HAVE NOT BEEN EXAMINED OR TRACED BEYOND THE DATES OF THE INSTRUMENTS CREATING THE SAME. 4. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD PURPOSES RECORDED: MAY 27, 1963 AS FILE/PAGE NO. 52327 OF OFFICIAL RECORDS • AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN LOT 3 SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $150,000.00 DATED: MAY 18, 1989 TRUSTOR: GEORGE G. MARHOEFER AND SHARON ODELL MARHOEFER, HUSBAND AND WIFE TRUSTEE: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, A COR - PORATION BENEFICIARY: MARK J. NOLAN, A SINGLE MAN RECORDED: MAY 23, 1989 AS FILE/PAGE NO. 89270303 OF OFFI - CIAL RECORDS 156-14 \ - •PARCEL 1 *PARCEL 2 (D I I • a f3S) .,. / • 6 II osdAc PAR , 107 AC - 142 0 54 Ac a I II k a3) • PAR 2 :. (4 - I w tQ ti I I. •r j 630 AC . '\ W r -' r a1 jP fr 0 - • - 072 AC • I •-. • I • • O0Arc " pRa :- S •1 3- 0 -. 1 00 AC f il to • I I - 547 AC .IAC 0 -. •I• It- ________________ •._ti, ¶ ••._, __________ mAILEY ST) VISTA - -0 Seem," the calmofty sh", W-604060 • • .. . S • 16 • NOTICE If the policy of title insurance to be issued under the terms of this binder is the California Land Title Association (C.L.T.A.) Standard Coverage Policy form this binder does not cover, and the policy will not insure agjpst, loss or danage, i against costs, attorneys' fees or expenses, any or all of which arise by reason of the following, in addition to the shown in Schedule B herein Agl- I. läxes 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 recorda. ; c 2. Any facts, rights, interests or claims which are not shown by the public records but which coull be acertained by an inspection of the land or by making inquiry of persons in possession thcrpf. 3. Basements, liens or encumbrances, or claims thereof, which are not shown by t4c public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or py other fcts which a correct survey would diicoc, 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 '. Any right, title, interest, estate or easement in land beyond the lines of the area specific$ly 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 to which the ordinary right of an abutting owner for acççss to a phyucially open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to btU4ing and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or rpgulating the character, dimensions or location of any improvement now or hereafter erected on the land, or pmhjbjtjng it separation in ownership or • a change in the dimensions or area of the land or any parcel of which the la4 is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or govern- mental regulation, whether or not shown by the public records at Date of Policy. 8. Rights or eminent domain or governmental rights of policy power unless notice of the exercise of such rights appears in thç puç.xncords. • 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or iot ohown by the public records at date of poft but created, caused, suffered, assumed or agreed to by the Insured claimant; (b) not shown by the • public record and not otherwise excluded from coverage but known to the insurc iii ipt either at Date of Policy or at the date such claimant acquired an estate or interest insured by this po1j' or acqulre4 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 cljimain; (4) attachIng or created subsequent to Date ofPolicy; or (e) resulting in loss or damage which would not have becp sustained If the insured claima4t had been a pchaser or encumbrancer for value without knowledge. The language contained in the Conditions and Stipulations, exclusions from coverage and other provisions of the policy of title Insurance and any endorsements thereto to be issued under the terms of this binder may be examined by reference to forms on file in the office of the Department of Insurance, State of California, or by inquiryat the officç which issued thi Binder. 4) a 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 0) Co 17 c 18 > ••• : i 19 ..' Ic.. 44 20 I-... . 1J.J *iA; 21 Cl 22 I 23, 24 ' 25 26 27 28 41 ~ GAIL LAPIERRE WHITE AND BRIGHT 355 West Grand Avenue Escondido, California 92025 (619) 729-0941 I S0UTHj UIcY COUi sy OF CALIFORNIA Attorneys for Purchaser of real proport of estate UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA In re: ) Case No. 8404027-El]. ) CHARLES DIX and MARTHA DIX, ) ORDER OF THE COURT ALLOWING ) SALE OF REAL PROPERTIES ) Debtors. This matter came on for hearing on April 21, 1989 before the above-entitled court, Department 3 thereof, the Honorable John J. Hargrove, Judge presiding. Debtor appeared in propria persona. Creditor, Naimco-Clairemont, Inc., at al. appeared through its attorney, Gary Slater. Richard Ravreby appeared on behalf of Ravreby & Shaner, Debtor's former attorney. Purchaser appear - through his attorney, Gail Lapierre. No other appearances we. made. By way of its Order dated April 6, 1989, this court authorized the sale of Debtor's unimproved real property, 1600 Buena Vista Way, Carlsbad, California, Parcel No. 156-142-3100 to Gregory Renna, and authorized that, in the event the Renna sale failed to close, any and all back-up offers to purchase the property would be approved without the necessity for notice, provided that the "1 ENTERED r— PLED MAY 221989 . 0 1 sales price was in excess of $180,000 and that the terms of any 2 such offer be all cash. The Renna escrow was cancelled in April, 3 1989. 4 Upon proof of legal notice of the hearing and upon reviewing 5 the evidence introduced herein; 6 IT IS HEREBY ORDERED that the back-up 'sale to George G. 7 Marhoefer or his assigns be allowed as follows: 8 Unimproved real property - portion of Lots 3 and 4 1 Wilsonia 9 tract 10 Buena Vista Way, Carlsbad, California 11 Parcel No. 156-142-3100. A more complete description of the 12 real property is attached hereto as Exhibit A and incorporated 13 herein by reference. 14 Sales Price: $200,000 lb Terms: Cash 16 Buyer: George G. Marhoefer 17 Commission: 8% of the sales price payable one-half to Suzy 18 Farley of Realty World de Oro and one-half to George G. Marhoefer. 19 Seller to deed buyer at no additional cost to buyer an 20 additional portion of Parcel No. 156-142-32, which portion is to 21 be finally determined by the City of Carlsbad for use in the 22 realignment and improvement of a'roadway, James Drive, which will 23 conform to current City standards and to generally be as shown on 24 City Drawing Number 141-8 approved in 1966 and 1967, which drawings 25 no longer meet current City standards. Buyer shall pay engineering 26 costs associated with the conveyance of the additional portion of 27 Parcel No. 156-142-32. 28 The property shall be conveyed free of all liens and 02 0 . 1 encumbrances and on such additional terms and conditions as set 2 forth in the Purchase and Sale Agreement dated March 30, 1989" 3 attached hereto and incorporated herein by reference except for the 4 date for close of escrow. Debtor shall remove or cause to be 5 removed all abandoned vehicles, temporary structures, and other 6 debris currently located on the property -before close of escrow. 7 For receipt of the sum of $125,000, plus accruals, Naimco- 8 Clairemont, Inc., et a].. shall reconvey a portion of the estate, 9 described on Exhibit B attached hereto, granted to the trustee 10 under a deed of trust recorded December 1, 1988 as Document No. 88- 11 614302 in Book 1988 of the Official Records in the office of the 12 County Recorder of San Diego County, California, so that the 13 subject property may be conveyed free of Naimco-Clairemont's lien. 14 In addition, Naimco-Clairemont, Inc., for no additional 15 consideration, shall reconvey that additional portion of the estate 16 granted to the Trustee under said deed of trust as is necessary to 17 effectuate the boundary line adjustment for the realignment of 18 James Drive, as herein described, at such time as the city of 19 Carlsbad's approval of the realignment is granted. 20 IT IS FURTHER ORDERED that escrow shall close on May 22, 1989. 21 In the event that the engineering necessary to convey the 22 additional portion of Parcel No. 156-142-32 is not completed by 23 close of escrow, this court will grant such other orders as may be 24 required to convey said portion after close of escrow. Debtors are 25 ordered to execute all documents necessary to convey said 26 additional portion whether such conveyance occurs before or after 27 close of escrow. 28 IT IS FURTHER ORDERED that the escrowholder shall make an 03 0 40 immediate payment to the trust deed holder, NAINCO-CLAIREMONT, INC. (also known as PIONEER MORTGAGE) in the sum of $13,962.00, representing three months' payments on the deeds of trust held by said creditor against the remaining real property owned by Debtors. IT IS FURTHER ORDERED that escrowholder shall be allowed to release the sum of $7,000.00 to the Debtors to cover the cost of removing their cactus from the real property known as Lot 3, Wilsonia Tract, 1600 Buena Vista Way, Carlsbad, California. IT IS FURTHER ORDERED that a "replacement lien" shall be recorded evidencing the $7,000.00 released to the Debtors junior to liens of record. Said lien shall be recorded against all of the Debtors' real property to secure the reimbursement to the estate. IT IS FURTHER ORDERED that the remaining sale proceeds after deduction of the above-described payments shall be held by the escrowholder, HOME FEDERAL SAVINGS AND LOAN (Escrow No. 30-4519RS) pending further court hearings in this matter. At that time the court shall review the balance of funds held in escrow and RAVREBY & SHANER'S request for the release of the remainder of said funds to cover the court's pri nterim order for fees and costs previously awarded to RAVREB Dated: 7T rupt /917 cy judqe PRESENTE BY I nited States of America Southern District of California } SS Attcrrnaf for Purchas This is to certify that the within and attached document is a full, true and correct copy of the APPROVED1-AS TO FORM: original thereof, as the same appears on tile In (tie of [ices of the Clark of the United States Richard R. Ravreby Bankruptcy Court of the Southern District o( Clitornia APP OV D AS TO F4RM: Witness this' day of fl 1 ( 19 L Barry K. Lander Clerk of Court later By Deputy Clerk 'S 1 2 3 4 5 6 7 8 9 10 11 12 131 1.4! 15 16 17 18 19! 201 21! 22 23 24 25 26 27 28 4* 0 40 LUAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF BAD, COUNTY OF SAN NO. 21699 FILED IN AUGUST 13, 1929, AS PART HEREOF: LOTS 3 AND 4 OF WILSONIA TRACT, IN THE CITY OF CARLS- DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED ON THE ADDENDUM ATTACHED HERETO AND MADE A COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT THEREON NORTH 34 0 33' WEST 217.36 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT, SAID POINT BEING THE HOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE EDE, RECORDED IN BOOK 1711, PAGE 498 OF OFFICIALRECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 4 NORTH 34 0 33' WEST 133.51 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MYRTLE MULLEN. RECORDED IN BOOK 3954, PAGE 315 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND, SOUTH 55 0 27' WEST 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 55 0 27' WEST 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND, NORTH 34 0 33' WEST 83.75 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAID LAND SOUTH 55027 1 WEST 140.80 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PROLONGATION AND ALONG THE NORTHEASTERLY LINE OF SAID LOT 3. SOUTH 34 0 33' EAST A DISTANCE OF 154.26 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 55 0 27' WEST 60.00 FEET; THENCE SOUTH 34 0 33' EAST 196.13 FEET, MORE OR LESS. TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89O3.3O EAST 68.33 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE MOST WESTERLY CORNER OF SAID LAND DESCRIBED IN GEORGE EDE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND, NORTH 55 0 27' EAST, A DISTANCE OF 201.24 FEET TO 'A LINE THAT BEARS SOUTH 34 0 33' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 4 FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 34 0 33' WEST 133.51 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE NORTHEASTERLY 30.00 FEET OF LOT 3 OF WILSONIA TRACT. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. I EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING WITHIN PARCEL NO. 1 HEREINABOVE DESCRIBED. EXHIBIT A -60, RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS GFHERWISE SHOWN BELOW MAIL TAX STATEMENTS TO: 1864 89-270302 F REcORDED IN I OFFICIAL RECORDS 1 O N DIEGO COUNTY, CA. • MR. & MRS. GEORGE G. MARHOEFER 4437 Mayfair Court Carlsbad, Ca. 92008 ESCROW NQ 30-4519RS TITLEORDERNO. 132502-08 89 MAY 2 3 AM 8:00 LCVERA 1. LYLE QuIiIx RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 220.00 A.P.N. 156-142-31 yj ) computed on full value of property conveyed, or computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: ( xx ) City of Carlsbad , and By this instrument dated May 18, 1989 , for a valuable consideration CHARLES DIX and MARTHA DIX, husband and wife hereby GRANTS to GEORGE G. MARHOEFER and SHARON ODELL MARROEFER, husband and wife, as joint tenants the following described real property in the City of Carlsbad Countyof San Diego ,Stateof California PARCEL I: All that portion of Lots 3 and 4 of Wilsonia Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the Office of the County Recorder of 'San Diego County, August 13, 1929 and more fully described in Exhibit "A" attached hereto and made a part hereof. STATE OF CALIFORNIA, COUNTYOF San Diego On p7,9 j/ / / before me the unde,ifned, a Notary Public In and (or said County and State, personally 5 SS appeared Charles Dix and Martha Dix proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument, and acknowledged tome I' that he/she they executed the same. WITNESS my hand and official seal. i>'77 Martha Dix OFP!IAL SEAL GEORGE E HODGE k' NOTARY PUBLIC • CALIFORNIA L .N DIEGO COUNTY My comm. expims MN 7, 1991 M/" '"TATEMENT TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY IS SHOWN, MAIL AS DIRECTED ABOVE. EH1I8 ( ••'• STREET ADDRESS CITY £ STATE oil 4 EDULE A PAGE NO. 2 OR NO. 132502-08 LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF BAD, COUNTY OF SAN NO. 2169, FILED IN AUGUST 13, 19299 AS PART HEREOF: LOTS 3 AND 4 OF WILSONIA TRACT, IN THE CITY OF CARLS- DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED ON THE ADDENDUM ATTACHED HERETO AND MADE A COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LT 4, DISTANT THEREON NORTH 34 0 33' WEST 217.36 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT, SAID POINT BEING THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE EDE, RECORDED IN BOOK 1711, PAGE 498 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 4 NORTH 34 0 33' WEST 133.51 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MYRTLE MULLEN, RECORDED IN BOOK 3954, PAGE 315 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND, SOUTH 55 0 27' WEST 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 55°27'. WEST 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND, NORTH 34 0 33' WEST 83.75 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAID LAND SOUTH 55°27' WEST 140.80 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PROLONGATION AND ALONG THE NORTHEASTERLY LINE OF SAID LOT 3 SOUTH 34 0 33' EAST A DISTANCE OF 154.26 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 55 0 27' WEST 60.00 FEET; THENCE SOUTH 34 0 33' EAST 196.13 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 0 03 1 30" EAST 68.33 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE MOST WESTERLY CORNER OF SAID LAND DESCRIBED IN GEORGE EDE; THENCE ALONG IHE NORTHWESTERLY LINE OF SAID LAND, NORTH 55 0 27' EAST, A DISTANCE OF 201.24 FEET TO A LINE THAT BEARS SOUTH 34 0 33' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 4 FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 34 0 33' WEST 133.51 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2; AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE NORTHEASTERLY 30.00 FEET OF LOT 3 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING WITHIN PARCEL NO. 1 HEREINABOVE DESCRIBED. , ;I G. AND WHEN RECORDED MAIL. THIS DEED AND UNLESS OTHER. WISE SHOWN BELOW, MAIL. TAX STATEME O: T NAME MR. & MRS. GEORGE G. MARHOEFER AQDIIL$I 4437 Mayfair Ct CITY Carlsbad, CA. 92008 STATE Zip L Title Order No. . Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned declares that the documentary transfer tax is $ .................... ............................... ............................... and is O computed on the full value of the interest or property conveyed, or is O computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in o unincorporated area ZK city of .............................................................................. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CHARLES DIX and MARTHA DIX, husband and wife hereby GRANT(S) to GEORGE G. MARHOEFER and SHARON ODELL MARHOEFER, husband and wife, as joint tenants the following described real property in the City of Carlsbad county of San Diego state of California: That portion of Lot 3, Wilsonia Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the Office of the County Recorder of San Diego County, August 13, 1929 and more fully described in Exhibit "A" attached hereto and made a part hereof. May 19, 1989 , CHARLES DIX MARTHA DIX STATE OF CALIFORNIA COUNTY OF ____ ___ SS. - Onthisthe -.-day of Notary Public in and for said County and State, personally appeared ZL ....................... Z2z ......................... - -. .. - .....personally known to me or proved to me on the basis of satisfactory evidence to be the person...._ whose name .4.t''subscribed to the within instrument and acknowledged that —9-executed the same. ........ ...- Signature of Notqt 19 before me the undersigned a FOR NOTARY SEAL OR STAMP OFFICIAL SEAL GEORGE E HOOGE NOTARY PUBLIC CALIFORNIA L40 SAN DIEGO COUNTY My Comm. expires JhN 7, 1991 Assessor's Parcel No............................................ MAIL TAX STATEMENTS TO FAX'I'Y SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name CAL-1/CT (Rev 2-88) Street Address City & State (T •X1d16Ii '>1" LAND SPACE ENGINEERING 201 E. GRAND AVE.. STE 2-F ESCONOIDO, CA 92025 PH: (618)741-2688 LEGAL DESCRIPTION - POR TO BE CONVEYED THAT PORTION OF LOT 3 OF THE WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 55"26'I5' WEST, 30.00 FEET TO A POINT IN A LINE PARALLEL TO AND 30.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, SOUTH 34c24t46h1 EAST 19.44 FEET TO THE BEGINNING OF A TANGENT, Z70.00-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3528'09", A DISTANCE OF 167.14 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 1c03123u (JEST 89.71 FEET TO THE BEGINNING OF A TANGENT, 20.00-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 ° 00 1 00", A DISTANCE OF 31.42 FEET TO A POINT IN A LINE PARALLEL TO AND 10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE, RADIAL TO SAID CURVE, SOUTH 1'>03'23" WEST 10.00 FEET TO A POINT IN SAID SOUTHERLY LINE, SAID POINT LYING NORTH 88 056'37" WEST 203.66 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 3. SAID PARCEL CONTAINING 0.33 ACRES, MORE OR LESS. / SSI Ic/ Cl:? 4LEKSANDAR HL' ' 10 c'r On this the I __ day of IJi ...( 19LL, before me the undersigned, a Notary Public in and for said County and State personally appeared . .. - ----------------------- personally known to me or proved to me on the basis of satisfactory evidence to be the person—$---- whose name i/4M'subscribed to the within instrument and acknowledged that 7/7d executed the same. Signature of Notq MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE QV Name Street Address City & State OFFICIAL SEAL GEORGE E HODGE NOTARY PUBLIC - CALIFORNIA I;y N DIEGO COUNTY My comm. expires JAN 7, 1991 CAL-1/CT (Rev 2-88) ONTINENTAL LAND TITLE COi*I A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 4542 RUFFNER STREET SAN DIEGO CALIFORNIA 92111 (6 19) 278-4171 LAND SPACE ENGINEERS 201 E. GRAND AVENUE #2-F ESCONDIDO, CALIFORNIA 92025 ATTENTION: ALEX YOUR No. MARHOEFER OUR No. 132502-08 DATED AS OF APRIL 27, 1989 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE 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 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. 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. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Ex] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY I:] 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY U 4. AMERICAN LAND TITLE ASSOCIATION OE PY FOR B U WALT KEYES, TITLE OFFICER #99c. • SCHEDULE A ORDER NO. 132502-08 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT Is: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED 1N CHARLES DIX AND MARTHA DXX, HUSBAND AND WIFE, AS JOINT TENANTS, SUB- JECT TO PROCEEDINGS PENDING IN THE BANKRUPTCY COURT WHERE A PETITION FOR RELIEF WAS FILED. NAME OF DEBTOR: CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE, AS JOINT TENANTS DATE OF FILING: SEPTEMBER 19, 1984 U. S. DISTRICT COURT: SOUTHERN DISTRICT OF CALIFORNIA CASE NO. 84-04027 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE LEGAL DESCRIPTION ATTACHED 0 SCHEDULE A PAGE NO. 2 aER NO. 132502-08 LEGAL DESCRIPTION LOT 3, WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT; THENCE WESTERLY ALONG THE SOUTHERLY LINE 68.33 FEET TOA POINT IN THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO MARTHA L. COLE RECORDED MARCH 27, 1963 AS FILE/PAGE NO. 52327 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND NORTH 34'33' WEST 196.13 FEET AND NORTH 55'27' EAST 60 FEET TO THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTHEASTERLY ALONG SAID LINE TO THE POINT OF BEGINNING. 0 • SCHEDULE B $ ORDER NO. 132502-08 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A. LIEN NOT YET PAYABLE. 2. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN. SECOND INSTALLMENT: DELINQUENT 3.s ANY DELINQUENT TAXES, BONDS OR ASSESSMENTS WILL BE REPORTED LATER. 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 5. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: PIPE LINE RECORDED: MARCH 2, 1943 IN BOOK 1469, PAGE 210 OF OFFICIAL RECORDS AFFECTS: THE WESTERLY 2.00 FEET OF SAID LAND 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROAD RECORDED: AUGUST 2 1 1971 AS FILE/PAGE NO. 169487 OF OFFI- CIAL RECORDS AFFECTS: MOST NORTHEASTERLY 30 FEET SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $35,000.00 DATED: JUNE 22, 1971 TRUSTOR: CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE TRUSTEE: SECURITY TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: SOUTHWEST BANK, A CALIFORNIA BANKING CORPORATION RECORDED: JUNE 30, 1971 AS FILE/PAGE NO. 139916 OF OFFICIAL RECORDS A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING: TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION RECORDED: MAY 3, 1974 AS FILE/PAGE NO. 74-115053 OF OFFI- CIAL RECORDS 0 • SCHEDULE B PAGE NO. 2 ORINO. 132502-08 3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $14,001.00 DATED: AUGUST 26, 1982 TRUSTOR: CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE, AS JOINT TENANTS TRUSTEE: SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA COR- PORATION BENEFICIARY: ANDY FAUST BOND SPECIALISTS COLLATERAL ACCOUNT ON BEHALF OF AMUEST SURETY INSURANCE COMPANY RECORDED: SEPTEMBER 8, 1982 AS FILE/PAGE NO. 82-278714 OF OFFICIAL RECORDS 9. AN ABSTRACT OF JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER AMOUNTS DUE. DEBTOR: CHARLES DIX AND MARTHA DIX CREDITOR: HIGGS, FLETCHER AND MACK AND JOE N. TURNER DATE ENTERED: AUGUST 31, 1988 COURT: U.S. BANKRUPTCY COURT CASE NO. 84-04027-11 AMOUNT: $84,000.00 + INTEREST RECORDED: SEPTEMBER 20, 1988 AS FILE/PAGE NO. 88-472518 OF OFFICIAL RECORDS NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $529.99 PAID PENALTY: $NONE 2ND INSTALLMENT: $529.99 OPEN PENALTY: $63.00 EXEMPTION: $7,000.00 LAND: $46,104.00 IMPROVEMENTS: $61,433.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S N0 156-142-32 NOTE NO. 2: (DELINQUENT) THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. 0 156-14 10, ANGES • - •-. 0 —'.'. \ - - J kL \ e e I BLK OLD I - . = 0 . . ' . • . 0 • • . - . . 142 •0• ___ 9 J/7ó • •0 0 • . • 0 0 • • • 0 " 0 . • 0 -' 0 .• -. 'PAR.I - • ') €__ - $ Cl, 0 0 1 '0 • f q 4 I. - 0 •PAR 2 •.' . \ -. - 1. • • •- .j ',t 0 '42 1 s RO • rn 0 • -- 1.30 AC • 3gI2 . '., . - •. - r:.r !ar.i 0 '-••;-•-.::. •• :. : • . L: '. \• 0 - .• • - 00 • 4 • 0 • 0 .: • W - S - 0 s . • I" 0 - • • ••_•• — ' I $ to PAR. I 1.19 AC 0 •••• -. t® -. '. . •- • , +• •® '- • •:-'® -I . -. ---- - 141 2.15 AC •loft 0.4? AC 1 '. •0 . 0 ••• • 94 • -..l.-". ••Ap - . Q . • :• . • - BUENA jILEY ST) VSrA 'T4\ (\ Company 1004 "ability M, r*lL:.11,Ww1mS by room. any 44 ..: .:- 0••• 0•• -. .. 0 • • MAP 2169-WILSONIA TCT. - POR. I • .A\ . .. ••.. .-. ROS 1474 • 0 - • ) \ MAPc!D r0 AS3SSMN1ut IWPI JPOSE9 Owl.? :- - • . - - 0 - • SAl DIEI COVITY A3usN.'$,u, -p. 11 wTINE A SUBSIDIARY OF NTAL LAND TITLE COM LAWYERS TITLE INSURANCE CORPORWI210N 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 9 11 (619) 278 - / HOME FEDERAL L 4 ho. 2580 EL CAMINO REAL CARLSBAD, CALIFORNIA ATTENTION: RANDIE SELLECK YOUR No. 30-4519RS/MARHOEFER OUR No. 132502-08 AMENDED DATED AS OF MARCH 31, 1989 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE 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 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. 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. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Lx] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY Li 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY Li 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B [I CLJa-E WALT KEYES, TITLE OFFICER 5LHUULh $1ORDER NO. 152U2-U THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT Is: A FEE AS TO PARCEL 1 AND AN EASEMENT AS TO PARCEL 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED 1N CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE, AS .JOINT TENANTS, SUB- JECT TO PROCEEDINGS PENDING IN THE BANKRUPTCY COURT WHERE A PETITION FOR RELIEF WAS FILED. NAME OF DEBTOR: CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE, AS .JOINT TENANTS DATE OF FILING: SEPTEMBER 19, 1984 U. S. DISTRICT COURT: SOUTHERN DISTRICT OF CALIFORNIA S CASE NO. 84-04027-PU. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE LEGAL DESCRIPTION ATTACHED •HEDULE A PAGE NO. 2 LEGAL DESCRIPTION 0 fSR NO. 132502-08 PARCEL 1: ALL THAT PORTION OF LOTS 3 AND 4 OF WILSONIA TRACT, IN THE CITY OF CARLS- BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929, AS DESCRIBED ON THE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT THEREON NORTH 34 0 33' WEST 217.36 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT, SAID POINT BEING THE MOSVNORTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE ED, RECORDED IN BOOK 111, PAGE 433-0F OFFICIAL RECORDS; THENCE ALQTiE NORTHEASTERLY LINE OF SAID LOT 4 NORTH 34 0 33' WEST 133.51 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MYRTLE MULLEN, RECORDED IN BOOK 3954, PAGE 315 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINOF SAID LAND, SOUTH 55 0 27' WEST 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 55 0 27' WEST 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND, NORTH 34 0 33' WEST 83.75 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAID LAND SOUTH 55°27' WEST 140.80 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PROLONGATION AND ALONG THE NORTHEASTERLY LINE OF SAID LOT 3, SOUTH 34 0 33' EAST A DISTANCE OF 154.26 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 55 0 27' WEST 60.00 FEET; THENCE SOUTH 34 0 33' EAST 196.13 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 0 03 1 30 EAST 68.33 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE LINE OF SAID LOT, NORTH 34 0 33' WEST 174.13 FEET TO THE MOST WESTERLY CORNER OF SAID LAND DESCRIBED IN GEORGE EDE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND, NORTH 55 0 27' EAST, A DISTANCE OF 201.24 FEET TO A LINE THAT BEARS SOUTH 34 0 33' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 4 FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 34 0 33' WEST 133.51 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE NORTHEASTERLY 30.00 FEET OF LOT 3 OF WILSONIA TRACTS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING WITHIN PARCEL NO. I HEREINABOVE DESCRIBED. (5 SCHEDULE B I ORDER NO. 132502-08 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. (2 PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN. SECOND INSTALLMENT: DUE AND PAYABLE X SAID PROPERTY HAS BEEN DECLARED TAX DEFAULTED FOR NON-PAYMENT OF DELINQUENT TAXES FOR THE FISCAL YEARS 1985-88. AMOUNT TO REDEEM BY APRIL 10, 1989, is $789.89 FOR THE ABOVE STATED YEAR (AND SUBSEQUENT YEARS, IF ANY). 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 5. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND APPUR- TENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOU.S DEEDS OF RECORD AFFECTS: EASEMENT PARCEL 2 ANY INTEREST EXISTING BY VIRTUE OF COVENANTS, CONDITIONS AND RESTRIC- TIONS AND EASEMENTS HEREIN SHOWN, HAVE NOT BEEN EXAMINED OR TRACED BEYOND THE DATES OF THE INSTRUMENTS CREATING THE SAME. 6. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD PURPOSES RECORDED: MAY 27, 1963 AS FILE/PAGE NO. 52327 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN LOT 3 SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. 0~ -1 •HEDULE B PAGE NO. 2 •RDER NO. 132502-08 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW. AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $3,500.00 DATED: MARCH 8, 1984 TRUSTOR: CHARLES DIX AND MARTHA DIX, HUSBAND AND WIFE. AS JOINT TENANTS TRUSTEE: AMWEST GENERAL AGENCY INC. BENEFICIARY: AMWEST SURETY INSURANCE COMPANY RECORDED: MARCH 13, 1984 AS FILE/PAGE NO. 84-090257 OF OFFICIAL RECORDS TO AVOID DELAYS AT THE TIME OF CLOSING, PLEASE SUBMIT THE ORIGINAL NOTE, DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON- VEYANCE, TO THIS OFFICE, AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW. IF ANY OF THESE DOCUMENTS HAVE BEEN LOST OR STOLEN, OR IF ANY OF THE PARTIES NEEDED FOR SIGNATURE ARE NOT AVAILABLE FOR SIGNATURE, CONTACT THIS OFFICE IMMEDIATELY. q ..8 /bRDER OF THE COURT ALLOWING SALE OF REAL PROPERTY. WHEREIN THE HEREIN ( DESCRIBED PROPERTY WAS APPROVED FOR SALE TO ROBERT C. LADWIG FOR A \ SALE PRICE OF $192,500.000 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, I AND ANY OTHER OBLIGATIONS SECURED THEREBY: / AMOUNT: $325,000.00 / DATED: OCTOBER 6, 1988 / TRUSTOR: CHARLES DIX AND MARTHA DIX, AKA MARTHA L. DIX, / AKA MARTHA LOUISE DIX, HUSBAND AND WIFE I TRUSTEE: ALVARADO INVESTMENT CORPORATION, A CALIFORNIA I CORPORATION / BENEFICIARY: NAIMCO-CLAIREMONT9 INC., A CALIFORNIA CORPORATION RECORDED: DECEMBER 1, 1988 AS FILE/PAGE NO. 88614302 OF OFFICIAL RECORDS AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED OF RECORD TO LOUISE BARBUTO, AN UNMARRIED WOMAN, El AL, BY MESNE ASSIGN- MENTS OF RECORD. need -~b 1/ tí? It + hq_oA5 4 0 rev lotJ EDULE B PAGE NO. 3 *I DER NO. 132502-08 AN ABSTRACT OF AMOUNTS DUE. DEBTOR: CREDITOR: DATE ENTERED: COUNTY: COURT: CASE NO. AMOUNT: RECORDED: NOTE NO. 1: JUDGMENT FOR THE AMOUNT SHOWN BELOW AND ANY OTHER CHARLES DIX BOB SPECK FEBRUARY 219 1989 SAN DIEGO SUPERIOR N42644 $1 ,997.00 MARCH 13, 1989 AS FILE/PAGE NO. 89-126103 OF OFFICIAL RECORDS IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: GEORGE G. MARHOEFER PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 151 INSTALLMENT: $111.19 PAID PENALTY: $NONE 2ND INSTALLMENT: $111.19 OPEN PENALTY: $NONE EXEMPTION: $NONE LAND: $20,032.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 156-142-31 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. ~181 I 156-14 I __#• \ \ *PARCEL 1 • PARCEL 2 0,64AIC CHANGES - ' I 6 -PAR I PA:; II - • I I .8L MED PJF cu I '\AC J.-. PAR 2 1 30 Ac ® I30 • o o c C - • I s•p•'• •%. •• - I I I, S PAP, •. - • - çj -• __________ 1 04 AC I to Ac 141 • - _______ ,9AC -: '•'- lose 10 Ifebli xt \ 9~9 • MAP 2I69—WILSON,A TCt — R. .1,,. R0S1474 - I Atjt a%At 0s I. nfv.ay a.1, V 40 Li -1200 -,CARLSBAD VILLAGE DRIVE:,'. SBAl[),.CALIFOR?J[,0li, ' 438-5621 4'.' 4 4 .'. 1 •' I 44 ) k' RECFROM 4' 4 ACCOUNT NO DESCRIPTION 4 4AMOUNT4' " ., •' ____________________________________________________________ I I I 6928.03/292 4/ 000101 _02 RECEIPT NO. 192 ' . TOTAL CITY OF CARLSBAD 1200 ELM )WEN UE CARLSBAD, CALIFOL A 92008 4385621 REC'D FROM j / / DATE •)( /f/t ACCOUNT NO.. DESCRIPTION AMOUNT O 52 JA11( 1W 1VZ I Mist 12}370O lVW 1W lW I -- RECEIPT NO. 97388 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will s t upon the ro the ompletion letter. Applicant Signature: Staff Signature: Date: • To be stapled with receipt to application • Copy for file TOTAL • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 12-3.1 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of , 197 by and between, 1111Z GEORGE G. MARHOEFER (Name of Developer-Owner) a___ , hereinafter referred to as "Developer' (Corporation, Partnership, etc.) whose address is 4437 Mayfair court, Carlsbad, California 92008 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. k WITNESSETH: WHEREAS, Developer Is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 . S //// A 5-LOT-SUBDIVISION ///// on said Property, which development carries the proposed name of_///////// and Is hereinafter referred as "Development"; and - WHEREAS, Developer filed dn the day of with the City a request for -- TENTATIVE MAP hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element Is on file with the City Clerk and js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 31-88 2 . S NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed fn the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit Is necessary prior to the use of occupancy for which the development is Intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the Issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 ~0-1 . S 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not Include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed In a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed In a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and Include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any Interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 (9 S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. - DEVELOPER-OWNER: (:? MAP bEFER (name) By: fi (Title) By: - CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 1• E6 STATE OF CALIFORNIA COUNTY OF San Diego ç SS. (INDIVIDUAL) On this _28 _day of August , 19_.89befOre me, the undersigned, a Notary Public in and for said County, personally appeared Ckenrge G rhoffr personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s*whose flame(s) is/subscribed to the within instrument, I and acknowledged to me that _______________________ executed the OFFICIAL NOTARY PUBLIC -CALIFORNIA twop MyComm. Expires Jon. 26, 1990 K •.. LORIE.TYBROSKI SAN DIEGO COUNTY Lori E Tybroski Name (Typed or Printed) (This area for official notarial seal) 3403 (R6/82)1 I It • - S EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3 AND LOT k OF' THE WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT ZI, DISTANT THEREON, NORTH 34 33100" WEST 217036 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT, BEING THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE EDE, RECORDED AUGUST 8 1 1944 IN BOOK 1711, PAGE 498 OF OFFICIAL RECORDS; THENCE, ALONG THE NORTHEASTERLY LINE OF.SAID LOT k, NORTH 34 33 1 00" WEST 132 .62 FEET (RECORD 133.51 FEET) TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MYRTLE MULLEN, RECORDED IN BOOK 3954 1 PAGE 315 OF OFFICIAL RECORDS; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LAND, SOUTH 55 27 1 00" WEST 200 .00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 55 27 1 00" WEST 140.47 FEET (RECORD 140.80 -FEET) TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE, ALONG SAID PROLONGATION, SOUTH 34 24 1 46" EAST (RECORD SOUTH 34 33 1 00" EAST) 11 .05 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 55 26'15" WEST 30.00 FEET TO A POINT IN A LINE PARALLEL TO AND 30 .00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE, ALONG SAID PARALLEL LINE, SOUTH 34 24 1 46" EAST 19.44 FEET TO THE BEGINNING OF A TANGENT 270.00-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHWESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 28 1 09", A DISTANCE OF 167.14 FEET; THENCE, TANGENT TO SAID CURVE, SOUTH 1 03 1 23" WEST 89.71 FEET TO THE BEGINNING OF A TANGENT 20.00- FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 OO'OO", A DISTANCE OF 31.42 FEET TO A POINT IN A LINE PARALLEL TO AND 10 .00 FEET NORTHERLY OF THE SOUTHERLY LINE OF. SAID LOT 3; THENCE, RADIAL TO SAID CURVE, SOUTH 1 03 1 23" WEST 10.00 FEET TO A POINT IN SAID SOUTHERLY LINE; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 88 56 1 37" EAST (RECORD SOUTH 89 03'30" EAST) 203.66 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 34 24 1 46" WEST 174.93 FEET (RECORD NORTH 34 33 1 00" WEST 174.13 FEET) TO THE MOST WESTERLY CORNER OF SAID EDE LAND; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LAND, NORTH 55 27 1 00" EAST 200.99 FEET (RECORD 201 .24 FEET) TO A LINE BEARING SOUTH 34 33 1 00" EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT k FROM THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, NORTH 34 33tOO WEST 132.62 FEET (RECORD 133.51 FEET) TO THE TRUE POINT OF BEGINNING. 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. AnatunA .74f Date t Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 S S AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this day of 19 0 L between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and Mark J. Nolan (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 20.24.180 permit Subdividers to request and City to approve, conditionally approve or deny extensions of time for the expiration of tentative maps or tentative parcel maps (hereinafter collectively called "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, modified ill Cal. App. 3d 788 (1980) indicates that the Government Code (Subdivision Map Act) may not authorize City to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the extension of time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Section 20.12.100(d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any property covered Agreements\AG-39.FRN 1 7/3/91 0 S by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of time for Tentative Subdivision Map No. CT 89-32 which was initially approved on April 18, 1990. 5. Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the construction of certain drainage facilities or thoroughfares are essential to protect and provide for the health, welfare, and safety of all of the present and future residents of City, including those who will reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has conducted studies which show the need to establish a public facilities fee in order to provide for public facilities to protect the public health, safety and welfare of the present and future residents of City and to ensure that public facilities to serve the development will be available concurrent with need as required by City's General Plan. Developer agrees to pay said fees and has executed a contract which is on file with the City Clerk to that effect. 8. Because the original approval of said Tentative Subdivision Map occurred prior to the adoption of the aforementioned fees, City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. A9reements\AG-39.FRJ4 2 7/3/91 0 0 0 9. Since the initial approval of said Tentative Subdivision Map there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision Map to protect the public health, safety and welfare, to mitigate affects on the environment or to ensure consistency of the extended map with the City's General Plan and Municipal Code. 10 City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the imposition of conditions City may be required to deny Subdivider's request for extension to ensure that the public health, safety and welfare, or the environment are protected or that the General Plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision would be contrary to the best interests of the City and would threaten the City's ability to protect and provide for the public health, safety and welfare. Subdivider agrees that it is in the best interest of City and Subdivider that City be able to protect the public health, safety and welfare, or the environment or ensure consistency with the General Plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. Agreements\AG-39.FRM 3 7/3191 6) S S 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivision map. Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subdivision map approval of which would be subject to new conditions necessary to ensure consistency of the tentative subdivision map with the Subdivision Map Act, the California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect the public health, safety and welfare. 13. City has reviewed the Subdivider's request for an extension of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not be contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth herein, City and Subdivider agree as follows: 1. City agrees to extend Subdivider's Tentative Subdivision Map for one year subject to whatever new or revised conditions the city in its sole discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned extension of Tentative Subdivision Map No. CT 89-32. 3. Subdivider knowing and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT 89-32 which requires payment of any fees which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and to A9reements\AG-39.FRN 4 713/91 S 0 the following additional conditions: A. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, issued and effective on April 22, 1986, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. B. This approval is expressly conditioned upon the subdivider's compliance with any growth management system in effect at the time the final map is filed. Subdivider shall also pay or agree to pay (as decided by the City Council) all fees identified by the City Council as necessary to pay for the cost of providing facilities and improvements which are imposed pursuant to the growth management system or any other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdivision map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless the agreement is subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and A9reementsAG-39.FRM 5 7/3/91 for official OFFICIAL SEAL DIANE H. HARNEY NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ly CornmissionExp. December 10, 1993 o 4 comply with any other conditions applicable to the extension shall void the approval of such extension. The map shall not final and the development shall not proceed until a new tentative subdivision map has been approved. SUBDIVIDER CITY OF CARLSBAD, a municipal corporation BY: BY: Mark J. ,olan MAYOR APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate. STATE OF CALIFORNIA (Individual) COUNTY OF San Diego ss. On Tnn 19 ., l before me, the undersigned, a Notary Public in and for said State, personally appeared Mark J. Nolan 0 personally known tome iproved tome on the basis of satisfactory evidence to be the person(%) whose name(t) is subscribed to this instrument and acknowledged that _he -executed the same. Signature FORM 211 (Rev. 6/82) Agreements\AG-39.FRI4 6 7/3/91 10 VILAGE 0 ENGINEERING CORPORATION 270 E. Douglas Avenue El Cajon, CA 92020 (619) 588-8559 TO 1L1EUcT1* W MUSEDUML DATE JOB NO.9 04-?_ ATTENTION RE pir Zt9'3/ - gy WE ARE SENDING YOU D Attached cover via J g the following items: LI Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications LI Copy of letter LI Change order LI COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: El Resubmit copies for approval • Submit______copies for distribution • Return ______corrected prints 0 For approval O For your use IM'Iequested -Ee -riiand comment 0 FOR BIDS DUE 0 Approved as submitted 0 Approved as noted LI Returned for corrections WA - - iQ Aug o PRINTS RETURNED AFTER LOAN TO US REMARKS 696 iI d3S M2 a 3\__ COPY TO_____________________________________________01 SIGNED: / f If enclosures are not as noted, kindly notify us at once. 0 S LAND SPACE ENGINEERING 201 E. Grand Ave, Ste 2-F Escondido, Ca. 92025 (619) 741-2689 City of Carlsbad 2075 Las Palmas Dr.. Carlsbad, Ca. 92009 Aug 31, 1989 RE: First Submittal - Marhoefer Tentative Map Gentlemen; Please find, enclosed, the following items for your, review and approval; -Application Form -8 Blue-Line Copies of proposed Tentative Map -1 Copy of Site Plan -1 Copy of Location Map -1 Copy of Environmental Assessment Form -2 Copies of Public Facility Agreement (1 original notarized) -1 Disclosure Statement 11 -Property Owner's List and Address Labels (2 sets) -1 Copy 600-Foot Radius Map -2 Copies of (2) Preliminary Title Reports -Statement of Waiver of Time Limits -1 Copy of Constraints Map -Check for Fees: total $1234.00. Sincerely, AlekdPantich RCE 32734 cc; file Received by______________________________ - .rs BEARINGS SCALE P-M' OFBASIS (F BEARINGS Fill THIS LOT' LINE LECEM) ,0JJSTPENT IS A PCllTICW (F TIE SELY LINE (F P.M. 13625 I.E.; 'N.55 2700E.' - INDICATES (LD LOT LINE - INDICATES NEW LOT LINE \O ®NLYCO,( DEL'A/D -8k/7//1 ,'1954 EZXQ ,WUEAJAA/O 8154 ' /5. OA DATA TARLE\ , r u" \ "jV J L 50 N J A C)6J'/2Y a ,V6EA/(4NO (se -e) COQMcZ6A/MA/D (Ea) LIPE8EAIIAV DISTANT 'h THIS ADJJSTPENT PLAT WAS PREPARED BY PE LI 3IV -19.44' OR UNDER MY DIRECTION ON HAY ia 1989. L2 4'O'5'3 c io:o ?\ $ to L3 4'..3I033'R' 'O '• FACT ALEKSAMJAR PANTICH ACE 32734 CtIrv! (EL TA RADIUS-'LEPTH - LAND SPACE ENGINEERING 201 E. GRAND AVE. STE. 2-F Ci 90000 '00 0 20 31.42 '..- ESCCWIDO, CA 92025 85' , (619) 741-2689 THIS PLAT WAS PREPARED WITH 0(1? KNONLEDGE , 10 AND CONSENT CANI41 ?GE . OPrER/AFt E G. 4437 MAYFAIR C0(1?T nol _C,016 IL7 "AIu/ CARLSBAD, CA 92008 LOT O CHARLES DIX , q,1 _ 1600 BtENA VISTA WAY O . CARLSBAD, CA 92008 I ..' pRoPU 6 .71' OF fiz.1 rc 7 q,• /tfi .' / #1 ,7 / 5 < J• 4 L O —f 4 \ Z. /j&tlO \ g L.O / 1 7 4 / 7 7 \\ tN XI 'j\AAP lo, - 7 / \JOC 1-1 \ \ /H/c9i¼4,VD .STA'EET 7 LEGAL DESCRIPTION- APR 1-1431: A PORTION (F LOTS 3 6 4 iTWILS'WIA TRACT, IN THE CITY OF CARLSBAD. COLWTY OF 7 4 SAN D1E60 STATE OF CALIFORNIA, ACC(%VThV TO HAP TIE1IE(F ND. 2169, FILED IN THE EKSAERPANTICH' HAP PE(F ND. 2169, FILED IN PE ICE OFFICE (F lYE C(flITY RECORDER OF SAN Nt DIEGO COtliT)'. ALNSUST 13. 1929. AS DESCRIBED IN DEED REC. MARCH 27, 1963 AS F/P 52327 (F 0. R. LEGAL DESCRIPTION - APN i-I42-32 SSWN4 c A PCV?TILW OF LOT 3 OF WILS(liIA TRACT. IN TiE CITY (F CAlM S13AO. C0(liTY (F SAN DIEGO. STATE (F CALIFOfIITA. ACCORDING TO (F liE COtliTY RECORDER OF SAN DIEGO COMT) AUGUST ia 194 AS DESCRIBED IN DEED fEC. AUGUST 2 1971 AS F/P 169486 OF R'.E 3274 -- O.R. EXHIBIT 'B' -S .,•-.,. rSy. -" MW 156-142-31 20 E. GRAND AVE SW 2-F MW 156-142-32 ell? l9e41579 ESCONDiDO, CA. $2025 I3583-? (6I9) 741-2689 _____ CE 54-8 TABLE CITY OF CARLSBAD STREET DESIGN CRITERIA PRIME MAJOR SECONDARY COLLECTOR INDUSTRIAL LOCAL CUL-DE-SAC HILLSIDE DESIGN CLASSIFICATION ARTERIAL ARTERIAL ARTERIAL STREET STREET STREET STREET - ALLEY STREET 40,000 OR 20,000 TO 10,000 TO 1,200 10 ALIT RfrJIGES (LIMI TS) MORE 40,000 20,000 10,000 - -- - 1,200 MAX. 500 MAX. - - - ~~n Speed 60 MPH 50 MPH 40 MPH 30 MPH 30 MPH 25 MPH 25 MPH --- 20 MPH ?-lirrlasn Spacing of Intersections 150 Ps 150 l's (incftding right-turn in/out) others others (in feet) 2600 1200 600 300 300 200 200 ---- 150 Right-Of-Way Width (in feet) 126 102 84 60 or 68 72 60 56 24 46-56 Where no other Limited Limited Limited access is subject to subject to subject to A ccess to Adjoinin Property NONE NONE pos.sibte approval. approval O.K. O.K. O.K. approval. 106 82 Curb-to-Curb Distance (in feet) (18' median) (18' median) 64 40 or 48 52 40 36 24 32(1) Hrnrrajn Traffic Index 9 8.5 8.0 6.0 - 7.0 5.0 4.5 4.0 5.0 inrr.ei Structural. Section ( 7) 6 AC 5 AC 4 AC 4 AC 4 AC 3 AC 3 AC 3 AC 3 AC in inches) 6 AR 6 AR 6 AR 6 AR 6 AR 6 AR 6 AR 4 AB 6 AR topping S ight Distance (5) (in feet) 580 430 300 200 200 150 150 ---- 125 (2) rnimir Horizontal. Radius (in feet) 2400 (6) 1400 (6) 670 300 300 200 200 ---- 150 xicc&in Grade (not thru intecsec.)6 7% 7% 10% 12% 8% 12% 12% ---- 15% rricajn Grade(8) 1.0% 1 1.0% 1.0X 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 01 VLSI 1) 11/90 WOIFS; Parking limited to one side. 2 Reduct ion to 100' with approval. of City Engineer. (3 ) Grades greater than 10% will require specific approval, chip seat, etc. (4 )Not to exceed 6% thru intersections. Local, cul-de-sac and hillside may increase grade through intersections up to 8%, provided that CALTRAWS guidel irn, for rrglt distance and vertical curves are c(Nit led with. (5) This is based upon less than 2% grades. Intersection stopping sight distance per CALTRANS guidelines. (6) Assumes no superetevations; includes siandard crossfatt. (7) Maximun lift for all asphalt paving shalt notexceed 311 . (8)Minimum grade of 2.0% is encouraged. If 1.0% minimum is not possible, special construction may he used with City Engineer approval. Gutter tine of cul-de-sac bulb shall have mininiir grade of 1.0% —I xi rn 1/) 0) C-) r 001 'I 'U 7 7 ' A /7 / , / \ \ / 7 7 / / 7 7 / \ FAF- / 7 7 / 7 7 7 -. 7'c7- 9-3z *cy 96 • SITE PLAN I-- &'416: LU STREET 'A' LU 5 4 I • 1- • 3 > z 0 a LU • - • T rgq-z PROJECT NAME PROJECT # EXHIBIT • 0 LOCATION, MAP L. w z w SITE (1) > z LU co PROJECT NAME PROJECT # EXHIBIT