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Home My WebLink AboutCT 90-05-01; AVIARA PLANNING AREA 7 UNIT 1; Engineering ApplicationCity City Engineer Approval: City Attorney Approval: REQUEST FOR APPROVAL TO ACCEPT EASEMENTS OR COVENANTS FOR EASEMENT 1. Project Name: A7 )UK)!T O.'_ 2. Project ID No.:CT 90 C S - t 3. Map/Bmai g No /3/47 APN: Z/5 ( / . - Q(o Iô 4. Type of £ement-er Covenant: Na i-y Ie4d 4 Ce vVl 0 k 5. Reason for Easement or Covenant:-4 'R tE r> Co IQ c--- C) APPRo\JvL Fotz I TTJ \cT MP CT o -o- /J 7 Required by: CIVIC Section: No. Planning Commission Resolution No. 3140 City Council Resolution No.9 143 Condition of Approval No.________________________________________________________ City Engineer Determination:__________________________________________________________ 7. Title Policy Information: Preliminary Title Report by Fnr cAP.J I . DatedArt.tc, 9 1151q4 Subdivision Guarantee by Dated_____________ Policy of Title Insurance by Dated_____________ 8. Subordination Required ( ) YES (X NO WHY lov e '-i a 7Y Ea .e '--t -/ C/y D,/ mso. 9. Comments: Prepared By: oU- L VV'. _N " Project Engineer/Planchecker:TT>-t LA-C., Principal Civil Engineer Approval: Date Date Date t-.2o .9L7/ Date Date _?/2 Date /2 9/Q Lf P'J)OI?RMXC6 • S • • REV 12/23/91 •. Form 1359 (4/75) CLTA SubdivISIon Guarantee Form No. 14 - • SUBDIVISION GUARANTEE SUBDIVISION: CARLSBAD TRACT 90-5, AVIARA ORDER NO.--1001786-22 AREA 7, UNIT-NO. 1 FEE $100.00 First American Title Insurance Company - - a corporation, GUARANTEES The County of SAN DIEGO and. any City within which said subdivision is located in a sum not exceeding $1000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are. SEE ATTACHED EXHIBIT "A" • The map hereinbefore referred to is a subdivision of: SEE ATTACHED LEGAL DESCRIPTION • Dated: AUGUST 9, 1994 AT 4:00 P.M. • First American Title Insurance Company • • • E IN I \ BY PRESIDENT • 0 •• SEPTEN.13111 24. 1968 or ISTANT SECRETARY • tilt ' • GREG SPANOL/BJW - • • ' C4L/FO\r BARRATT' AMERICAN INCORPORATED, A DELAWARE CORPORATION, AS RECORD OWNER. * - • TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, as Trustee under Deed of Trust recorded August 17, 1989 as File No. 89-440105 of Official Records. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP A DELAWARE LIMITED PARTNERSHIP, AS BENEFICIARY UNDER DEED OF TRUST RECORDED AUGUST 9, 1994 AS FILE NO. 1994-0485189 OF OFFICIAL RECORDS. WNH AVIARA PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, AS BENEFICIARY, UNDER DEED OF TRUST RECORDED AUGUST 9, 1994 AS FILE NO. 1994-0485190 OF OFFICIAL RECORDS.' AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AS OPTIONEE UNDER OPTION AGREEMENT RECORDED AUGUST 17,,-1989 AS FILE NO. 89-440140 OF OFFICIAL RECORDS. THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, holdr of an - easementrecorded Odtober 16, 1956 in Book 6301, Page 162 of Official Records, hasbeen omitted under the provisions ofSection 66436, Sub- section (a)(3)(A)(i) of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not required by the governing body. THE SIGNATURE OF AVIARA LAND ASSOCIATES LIMITED, PARTNERSHIP, •holdèr of an easement recorded August 17, 1989 as File No. 89-440103 of Official Records, has been omitted under the provisions-of Section 66436, Subsection (a)(3)(A)(i) of the Subdivision Map Act. 'Their interest is such that it cannot ripen into fee title and said signature is not required by the governing body. .' THE SIGNATURE OF DANIELS CABLEVISION, INC., holder of an easement recorded June 1, 1990 as File No 90-298175 of Official Records, has been Omitted under the provisions of Section 66436, Subsection (a)(3)(A)(i) of the Subdivision Map Act Their interest is such that it cannot •ripen.into fee title and said signature is not * required by the governing body. . . • . - THE SIGNATURE OF THE CITY OF CARLSBAD, holder of an easement as shown on Map No. 1,2411, and. recorded June 29, 1989 of Official Records, has been omitted under the provisions of Section 66436., Subsection (a)(3)(A)(i) of the Subdivision Map Act. Their interest is such' that it cannot ripen into fee title and said signature is not required by the governing body. THE-SIGNATURE OF PACIFIC BELL, holder of an easement recorded September 6, 1991 as File No. 91-0456671 of Official. Records, * has been omitted under the ,provisions of.. Section,66436, Sub-. - section (a)(3)(A)(i) of the Subdivision Map Act., Their. interest is such that it cannot ripen into fee title and-said signature is not required by the governing body. • . \t. C '.. •1 - . ORDER NO. 1001786-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SLTUATED IN THE STATE 'OF CALIFORNIA', COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: BEING AsuBDIvIsIoNoFLLOF:wT 92) AND A PORTION OF LOT 93 OF THE CITY OF CARLSBAD TRACT '85r35, AY'IARAçPJiASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SANDIEGO STA OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 12411, FILEDIN THE OFFICE OF THE GUUNTY RECORDER OF SAN DIEGO COUNTY, JTJNE'2,9) 1989. - . * EXCEPTING THEREFROM ALL OIm,pIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL 'GAS, NATURAL GAS RIG " OTHER HYDROCABONOUS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF.. THE FOREGOING, THAT, MAY BE WITHIN"OR UNDER THE PROPERTY, TOGETHER,,WITH. THE PERPETUAL RIGHT OF DRILLING, MINING, . EXPLORING AND OPERATING, - THEREFOR, AND: STORING IN AND REMOVING THE SANE- FROMI THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT. TO WHIPSTOCK' OR DIRECTIONALLY DRILL AND MINE FROM LANDS .OTHER, THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND, SHAFTS INTO, THROUGH OR ACROSS THE SUB-SURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR -DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND- TO -REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT 'TO .ENTER.. UPON, REMOVE,. -WHIPSTOCK, DIRECTIONALLY DRILL, DRILL; MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY,' AS RESERVED .IN GRANT- DEED 'RECORDED-AUGUST 17,1989 AS FILE NO. 89-440103 OF OFFICIAL.RECORDS. ••- • - - • - - • • .• 'I _ •