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Home My WebLink AboutCT 91-01; LAGUNA VILLAGE; Tentative Map (CT)• CITY OF-CARLSBAD • GROwm MANAGEMENT PROGRAM . . . LOCAL FACIlITIES IMPACTS ASSESSMENf FORM (To be Submitted with Development Application) PROJEcr IDENTI1Y AND IMPAcr ASSESSMENT: FILE NAME AND NO.: cr 91-01/SDP 91-02/CP 91-02 -LAGUNA VILLAGE LOCAL FACIU1Y MANAGEMENT ZONE: 1 GENERAL PLAN: RMH DEVELOPER'S NAME: Galey and Kernrnerly Homes ADDRESS: 7720 EI Carino Real #2M. ·Carlsbad. CA 92009 - PHONE NO.: 632-8037 I ASSESSOR'S PARCEL NO.: l -QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. Fr., DU): .93 AC ESTIMATED COMPLETION DATE: N/ A A. CIty Administrative Facilities: Demand m Square Footage - B. Ubrary: Demand in Square Footage = C. Wastewater. Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Starl:on No .. = Acreage Provided - r- H. Open Space: 1. Schools: (Demands to be detennined by stafO J. Sewer: Demand in EDUs- Identify Sub Basin - (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD - .. ZONING: R-2-Q ---; 155-271-29/30 . . ..,/ I 29.64 15.82 .. 59 N/A N/A _1_ N/A N/A 8EDU N/A 1.760 L. The project is 2.8 units below the Growth Management Dwelling unit aUowance .. JG:km W • BACK~ROU~D DATA SHE. CASE NO.: Cf 21-01 I SDP 21-02 I CP 21-02 . CASE NAME: . 1.A9YNA VILLAGE APPUCANT: GALERY AND KEMMERLY HOMES REQUEST AND LOCATION: 8 DWEI.I.ING UNIT RESIDENTIAL SUBDMSION AND PLANNED DEVELOPMENT AT 902 LAGUNA DRIVE LEGAL DESCRIPTION: LOTS 1-6 IN BLOCK 8 OF SUNNY SLOPE TRACf IN THE CITI OF CARLSBAD. SAN DIEGO COUNTI. MAP 486 FILED FEBRUARY 2. 1888. APN: 155-271-29/30 ACRES ~ Proposed No. of Lots/Units 1 Lot/8 Units (Assessor's Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RESIDENTIAL MEDIUM HIGH Density Allowed 11.5 DUS/AC Density Proposed 8.5 PUS/AC Existing Zone R-2-0 Proposed Zone ~N=/.:..lAt..-__ Surrounding Zoning and Land Use: (See attached for infonnation on Carlsbad's Zoning Requirements) Zoninz Land Use Site R-2-0 RESIPENTIAL/AGRICUL TURE North R-1 VACANT South R-3 RESIDENTIAL East R-2-0 RESIDENTIAL West R-a RESIDENTIAL PUBUC FACIUIIES School District CARLSBAD Water District. CARLSBAD i" Sewer District CARLSBAD Equivalent Dwelling Units (Sewer Capacity) ...lI8"""'EIlUD.:;.:U ___________ _ Public Facilities Fee Agreement, dated .... F~e=bru .... suy ........ l ... 4.&.1.' ..... 1'"'99.&.&.1---------- ENVIRONMENTAL IMPACf ASSESSMENT A-Negative Declaration, issued ~A.&l:U=oM..=::::ot",""l~. -"1~99"'1 _____________ _ _ Ce~ed Environmentalli'npact Report, dated ___________ _ Other, _______ ------------------JG:km:lh •-------,~~; ----~I CI1Y OF CARLSBAD. I LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 \/ : .~ 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) il \ ; ; I (FOR DEPT .cFOR DEPT 1 ~ USE ONLY) USE ONLY) 0 Master Plan 0 General Plan Amendment - 0 Specific Plan 0 Local Coastal Plan Amendment 0 Precise Development Plan a Site Development Plan 9)-OL 8' Tentative Tract Map 91-) 0 Zone Change RJ Planned Development Permit '11-J 0 Conditional Use Permit 0 Non-Residential Planned Development 0 Hillside Development Permit , B Condominium Permit 1/-~ 0 Environmental Impact Assessment 0 Special Use Permit 0 Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 Tentative Parcel Map 0 Coastal Development Permit 0 Administrative Variance 0 Planning Commission Determination 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON TIlE I Ngp"~ I SIDE OF I k~v~ -oP\V~ .1 I (NORTII, SOUTII EAST, WEST) (NAME OF STREET) I ! BETWEEN I J-e..#Us." Q.. I AND I .P4 \1IS "\Ie.... I I (NAME OF STREET) (NAME OF STREET) ,i II 3) BRIEF LEGAL DESCRIPTION: I~ J .... ~ • lot 'S l.,dt! 8 ~ S' v.n~1i .s 1 ",PL -rf"~+ U\\ r +h~ C.i~ .,1-e.,..".lsb44, S4,.,..l>i~o c,,&1~+~ Ii Mtt..p LlB6 J {:'i 1<4 f."'~lb, ~, tal, I I 4) ASSESSOR PARCEL NO(S). I )35-;).1/-2-1 ~ J5fj-2"11-?Hf) I I ·1 5) LOCAL F ACIUTIES / J /6) EXISTING GENERAL PLAN I "IM.H. , 7) PROPOSED GENERAL PLAN If,MIl··1 MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING I t,.2.. ql 9) PROPOSED ZONING I t. 2-~ 110) GROSS SITE I·q~ I ACREAGE 11) PROPOSED NUMBER OF D 12) PROPOSED NUMBER ~ 13) TYPE OF SUBD~SION IRes·l RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRlAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS I -a I 15) PROPOSED INDUSTRIAL I )1.A-. 116) PROPOSED COMMERCIAL I tJ.· A.. I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOn: It PROPOSED PROJECt' RE.QUDUNG'mAT MUL11Pla APPUCAltONS BE m.m MUSr B1i SUBMI1"l'ED PRIOR. TO 3.:30 PoM. A PROPOSED PROJECr REQUIRJNG mAT ONLY atE APPUCA110N sgPllJ!l) MUST BE SlJBMlTl1!I) PRIOR TO 4:00 P.M. FRMOOO168/9O ~ .~ I'" CITI OF CARLSBAD • .. \:' LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 ~r-----------------------------------~~~~~~~~~------------------~~~~~ 17) PERCENTAGE OF PROPOSED PROJECf IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECf NAME: 22) IN mE PROCESS OF REVIEWING mIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING C,%NERS. DESiGN REVIEW BOARD MEMBERS~O CITI COUNCIL MEMBERS TO INSPECf AND ENTER mE PROP. ~ESUBJECT ~~ AIWLlCATI . J E CONSENT TO ENTRY FOR mIS PURPOSE ~~ .Qt.lLl1,~ SIGNATURE 23) OWNER NAME (PRINT OR TYPE) r:c.JlI"r-e'r MAILING ADDRESS Irf5? t!/ ~Y"oPtL~ Dr/it/e.. TELEPHONE (2.,.,. fI,-"S¥ €fIJI-IBII CITY AND STA~ u ZIP V/5~ FOR CITI USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED f5~n .. I:flA ).., 10 . (!;) 0 PFF '10.6>cJ fP/cp ~'! I J .3 b !?o.oo fi%/I ;pp (, h '50. (2 D gS--d c-r I tJ'jO.O(J TOTAL FEE REQUIRED 7 6 I b .60 DATE FEE PAID 24) APPLICANT NAME (PRINT OR TYPE) 6~\-t ~ tl~Mmu8 .lJ-i'j~ MAILING ADDRESS 1'1'2.() '$), ".a\m,~ ~ettO. .f;ft t..tAf TELEPHONE &,~~-~~ I CERTIFY -mAT I AM mE LEGAL OWNER's REPRESENTATIVE AND mAT ALL mE ABOVE INFORMATION '!S TRUE AND CORRECT TO,mE BEST OF MY KNOWLEDGE. , DATE ********************************~ Received FEB 15 199 ) CITY OF CARLSBAD. A • • _ DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. 32. cr :3 TICOR TIT'IINSURANCE--, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 SPRING MOUNTAIN ESCROW ATTN: BILLIE SCHAFER 785 GRAND AVENUE, SUITE 101 CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: 11242-R PRELIMINARY REPORT OUR ORDER NO.: 1186318 AMENDED FEBRUARY 11, 1991 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW' 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 ON EXHIBIT A ATTACHED. 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. DATED AT 7:30 A.M. AS OF FEBRUARY 6, 1991 TITLE OFFICER: SUSAN RYKOWSKI TEL 619 544-6223 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ~A A RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87) ) LTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE ( v CLTA STANDARD COVERAGE POLICY -1988 ( ) ALTA OWNER'S POLICY (10-21-87) AMENDED 1186318 PAGE 1 ---------------------------------------------.---IIJ TICOR TIT~INSURANCe-1 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LOUIS FURRER AND JANETTE FURRER, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED ONE-HALF INTEREST AND RICHARD SMITH AND BARBARA SM1TH, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED ONE-HALF INTEREST AS TO PARCEL 1; AND RICHARD KEITH SMITH AND BARBARA A. SMITH, HUSBAND AND WIFE AND LOUIS D. FURRER AND JANETTE M. FURRER, HUSBAND AND WIFE, AS TENANTS IN COMMON AS TO PARCEL 2 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINfED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS,_ IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR: 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY, SECOND INSTALLMENT : NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMlNG SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF BLANCHE E. JOYCE, A WIDOW FOR WATER LINE RECORDED JUNE 24, 1947, DOCUMENT NO. 64497, IN BOOK 2422, PAGE 323 OF OFFICIAL RECORDS AFFECTS A STRIP OF LAND 4 FEET IN WIDTH OVER SAID LAND ADJOINING THE CENTER LINE OF REECE AVENUE ON THE EAST AND RUNNING SOUTHERLY FROM THE INTERSECTION OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 7, BLOCK 8 TO INTERSECTION WITH THE NORTH LINE OF LAGUNA STREET (FORMERLY PATTERSON STREET) AS SHOWN ON SAID MAP NO. 486 3. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY AMENDED 1186318 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 12, 1978 $54,000.00 RICHARD KEITH SMITH AND BARBARA A. SMITH, HUSBAND AND WIFE AND LOUIS D. FURRER AND JANETTE M. FURRER, HUSBAND AND WIFE SERRANO RECONVEYANCE COMPANY, A CALIFORNIA CORPORATION HOME SAVINGS AND LOAN ASSOCIATION, A CORPORATION PAGE 2 ----------------------~-------------------r---rm TICOR TIT" INSURANce . RECORDED JUNE 16, 1978, RECORDER'S FILE NO. 78-249762 SAID MATTER AFFECTS: PARCEL 2 4. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JANUARY 9, 1979 $52,500.00 LOUIS FURRER AND JANETTE FURRER, HUSBAND AND WIFE AND RICHARD SMITH AND BARBARA SMITH, HUSBAND AND WIFE SERRANO RECONVEYANCE COMPANY, A CALIFORNIA CORPORATION HOME SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION JANUARY 25, 1979, RECORDER'S FILE NO. 79-038664 SAID MATTER AFFECTS: PARCEL 1 5. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIEN$, DECREES OR OTHER MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NECESSARY SEARCH AND EXAMINATION TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM: OWNERS -SMITH NOTES A. COMMENCING ON JANUARY 1, 1991, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN THE ABSENCE OR REJECTION OF A COMPLETED "PRELIMINARY CHANGE OF OWNERSHIP REPORT FORM" SIGNED BY THE TRANSFEREE, AN EXTRA $ 20.00 FEE, IN ADDITION TO THE REGULAR RECORDING FEES. THE SIGNATURE OF AN AGENT ACTING FOR THE TRANSFEREE WILL NO LONGER BE APPROVED UNDER THE STATUTE. ALSO, THE FORMER PROVISION ALLOWING FOR AN AFFIDAVIT BY A NON-RESIDENT IS NO LONGER APPROVED BY STATUTE. CHAPTER 1546. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STAT~ OF CALIFORNIA IS EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES PROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC). UNDER REG. CC, ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSIN~SS DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE ~XTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. AMENDED 1186318 PAGE 3 {IJ TICOR TITtalN5URANCe C. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT SECOND INSTALLMENT D. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT SECOND INSTALLMENT AMENDED 1186318 1990-91 09000 155-271-29 $61,555.00 $24,620.00 $485.13, PAID $485.13, OPEN 1990-91 09000 155-271-30 $66,478.00 $22,156.00 $498.15, PAID $498.15, OPEN PAGE 4 ~. TICOR TIT~INSURANCE- THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA~ COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 7 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT 1 THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REECE AVENUE VACATED, 30.00 FEET; THENCE NORTH 0°05' EAST, 2.03 FEET; THENCE SOUTH 89°57' EAST, 71.50 FEET; THENCE SOUTH 0°05' WEST, 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LINE TO THE POINT OF BEGINNING. PARCEL 2: THE EASTERLY 58 1/2 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY 26, 1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WE~TERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 58.50 FEET; THENCE NORTH 0°05' EAST 2.33 FEET; THENCE SOUTH 89°57' EAST 66.00 FEET; THENCE SOUTH 0°05' WEST 2.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID VACATED ALLEY TO THE POINT OF BEGINNING. AMENDED 1186318 PAGE 5 ....--. TICOR TIT!&INSURANCE- ~ . EXHIBIT A i= Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Exclusions 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning * land use * improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date--unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. S Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Cqvered, Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or'under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the'occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of !'Iny improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of POlicy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or . failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which-at Date of Policy the insured has advanced or is obligated to advance. AMENDED 1186318 PAGE 6 (continued on next page) .----------------------------------------------------------------------------------------------------. .----1iiJ TICO~ J~TA'A}~~HHA~,~y~ 988 li1 ~ 8 >= • The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insur.ed claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of PoliCY, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, Which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage'in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or 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 rec.ords. 6. Any facts, rights, interests or claims which are not shown by the public records but Which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10·21·87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or·governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1186318 PAGE 7 hydrogeology geotechnical services environmental services structural engineering forensic engineering • • 3040 Claire mont Or, Suite B San Diego. CA 92117 TEL (619) 275·6577 FAX (619) 275·6947 December 14, 1989 Mr. Edwin L. Laser, Architect 7638 Mar Avenue La Jolla, California 92037 subject: Pre-Inve~tigation Reconnaissance Dear Mr. LaSer: At your request we have conducted a pre-investigation site reconnaissance of the property at 902 and 926 Laguna Drive, carlsbad, California. Our work to date has been limited to making visual observations on-site, review of geologic and engineering data from published sources and our own files, and preparation of this letter. Mr. Robert Blaettler of our office visited the site on November 11, 1989. The purpose of our study was to dE~termine if there were any obvious geotechnical conditions on the site or on adjacent properties that may complicate or preclude the proposed 'redevelopment of the site. It is our understanding that a complete geotechnical investigation will be conducted prior to development. At present there are two single family residences on the property. The lot is relatively flat and portions may be lower than street level. There are no steep slopes on the site or adjacent properties that would warrant special precautions during grading or construction.. There are no obvious areas af fill soils on the site, however, it should be noted that some old stream channels were filled in years ago on some lots in the lowland areas of Carlsbad. We anticipate that some soil removal and recompaction may be required, and import soil may be needed to achieve drainage toward the street. 1 Ii I' , • Soils in the general area are $andy, having derived from old marine terrace and bay deposits. In general these soils are suitable for support of structures. Clayey soils that are detrimentally expansive are not as common in the immediate area as in other areas farther inland. If clays are present they can be mitigated. Overall, we do. not anticipate any adverse geologic or soils problems on this property.' A subsurface investigation is needed to confirm site conditions and to cond~ct laboratory tests in order to determine basic design and construction parameters. -The opportunity to present this preliminary report is greatly appreciated. We will be glad to provide ~ proposal for a soils investigation at your request. Please feel free to call our office if you have any questions. Sincerely, . ..... ~g ._~¥-~. ,;~; ... ~_. _ f <:?' 7 /'--_' _.. l,.,--",-,_( < __ ~ Thomas N. Lamb RG 4261 Vice President distr: (2) addressee 2 -, . . POOR QUALITY ORIGINAL (5) , - < ' , , ~-::--~ 438-5621 " REC'O FROM (f ( ( (.~ -t ~ (.., " "\ ACCOUNT NO. DESCRIPTION RECEIPT NO. AMOUNT 0001 01 c- • CITY OF .CARLSBAD • 1200 CARLSBAD~LI""AGE DRIVE CARLSBAD, ClrlFORNIA 92008 ACCOUNT NO. ·(t . RECEIPT NO. 3293 ""0 •• ' , •• '. " ,~_, .' , ,I', .... 438-5621 _. -, -,.-:"., ., DESCRIPTION AMOUNT I 1- , '---I I O~O 1- TOTAL 7~ Ic) - ... ~,.':'~ ",;""~,,~~ ... ·:".;,;~.;-:<··.,,,;,},-·.,:::,.~t~ ~'~V""_·""t,--,·~_:,·./·-,,~:,!~r ",'; .. 4_',;',-" ',';, .,_,', ",~, __ • PLEASE NOTE: Time limits on -the proc~ssing of discretionary projects established by state ,law do not start. unt j,l '~-:,p'roject, app 1 i cat i.on is deemed compl ete by the City. The _City has 30 calendar-days fr-om the date of appl ication submittal to d_etermfne whether an app'licat-ion is comple,t~_ or incomplete. Within 30 days of submittal of this application you w~l1 receive a letter stating whether this applicati-o-n 1$ camp 1 eteor i ncomp 1 ~te. If it is i ncomp 1 ete, the 1 etter wi 11 state what -i s needed to make thi s app 1 i cat ion complete. When the app 1 i cat ion is complete, th-e processing period will start UQ the date of the completion letter. Applicant Signature: Staff Signature: Ua..--..: c-1 f-.'r I.<. Date: _-L?4/~1/~~~J~q~/~ ______________________________ ~ ___ -,#1· To be stapled with receipt to application -. Copy for file \' • " .. • , .. City of Carlsbad _UAiii,h,,·;·gA·S;;"UY"i DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL. APPUCATlONS WHICH WILL. REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION c)~.COMMmEE. . (Please Print) The following information must be disclosed: 1. Applicant Ust the names and addresses of all persons having a financial interest in the application. C.hlllS 1{4MMeO,L!If I'd; <;.M4/ 1::s14.¥ / ,ilt CAS'! e 1, ~ 71 Y b Attn a A/i4 tlUl W6t{ VISTA,?& '7209 ~ I Jf='4:atz4" <;. 92.4'2? 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved: ~;~~ 7~ :<l~!"£'. ~:~~ ,'. (~;;?~ §! do fJ C#R~~ OA' CJ~i!P 3. If any persoh identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnerstlip interest in the partnership. 7#tt f/;:;::iJ,* ~~~ ,. V,§n4-f C6 n a'3 _______ _ 4. If any person idet.tUled pursuant to (1) or (2) above is • non-profit organization or • trust, list the names and addresses of any person serving .. officer or director of the non-proftt organ.lzation or as trust" or beneficiary of the trust. FRMOOOl~ 8/90 2075 La. Palm .. Drive • CarlSbad, California 92009-4858 • (819) 438-1181 .. • .. " • (Over) Dlaclo.ure Statement Page 2 5. Have you had more than $250 worth of business transacted' with any member of City staff, Boards. Com~ons, Committees and Council within the past twelve montt)s? , Yes _ No _ If ),e5, pleaSt! indicate person(s) Vzw • e.c.~c z. 1'0 - PartOn il defined u: 'Any individual, firm. copanntrahlp, joint ventur •. 8MOCiaItion, IOClai club, fraternal orgltliZation. cort>Qration, "tat •. trult. ;;C;;;-If, ayndlcatt, thil ItId II'I'f other COYnty. city aM county, city municipality. dielrlct or 04htr poIltictI SUbdNilion, or II'I'f other group or combination acting u a unit.' .-----. _________ ......J ~: Atta~h additional pages as necaAalY.) Lov ,',S 0, F vR.RQ" (?JU2ILS7l.JI?II4R L. 1I-eMM-tr/~ I H/&;~~ Print or type name of owner Print or type d applicant 7 ~, .. \,) -"...J..-'--"""'-~-""':.....~~~.I~~f--."... FvA~·A .. i- FRMOOO13 8190 -sr-; • : I . _____ • :-I . ,. : ~ I . I I I--.. ~I i ~ 1 . __ ----i=--' , I ,. '-I :::-"c:·e:rtv !...·r.e ~ HIGH SrutCOfACED I!....OCK WAU.. fTYPl"" . r------,-~-,-w:~-.. -.-------- I· I -'-----1 I ACTIVE ; ~EC. ARE~ I , _I _--..; ,:-I' ", LJ ..... I ', '. ~ " ." ~' I , . . ,\ ---' " " ! Ht.iHWOOCFENCE (T'YP'l \ ..-_u,.' I .~ PFu",,,TEf\iJoP."I#JiltO(t'I'Pl r& , :::::::;; ~,,~_,~. . .. c--" ! '\ II~; II ~. ..,-. I I \ l ;:::::h ,I , . e--i ; . ~ . ... . .-. --i !!! PRIVATE DRIVEWAY I' ••• _._Y l, ,\ ~. f---J ,-, .- 1·--~ 1 == i . . 1 ~ ~I < ~ i I ~I ------' -," -.... ., ., ...... l /,.' ~ r' i .. "'''':U: ~f' ~.;.. (I ~~ \~. l ·W '-.'''''''0 ' ,I \ , . ~ -._ 2 ii' 'I J' \ \' , .. ,.' -. ,_' ~ .oJ, - Si# w_ .... ) f i-- , :. ,I :I~ lJi'" Ii. :1 I~. i~C.': ._ :--i' j , =--,::::.:::::::J-"-\ ~ " __ ,_. r----.' -::::::J. . . -._.. -. - cz::: I If" .11'" PIl.A5TER ClYP) 1 .. SITE PLAN OWNE" 'U .. RIIIU'''11H "13 CURENCE DRIVI VIITA. CA 120M A"LlCANT GALEY AND K ..... IIILy HOME. me EL CAMINO ilEAL IUffE 2M LA con ... CA .2DOI 111') 1J2·IDJ2 Nit: IhCH"EL GALEY CHillS KE .... E .. Ly LAGUN:A VILLAGE LAHDSCA'. .IIICHIT(CT ADL 'UNNING AS'DelATE •. tHe. 1112 LA PLACE CooJll. aum 201 CARLS"D. CA noM (UI) 1S1-1117 REP: ANTtfO:NY D. LAWSON. I2J&I CML ,NG'HE." 'ACtfM; "... ,NaIHU'UNG 170 LOI YALUcnOi Ilva, IUITE 202 IAN MARCOS. CA nOli 111') ' ..... 2)00 RE': GL£.N VAN PESKI WATEII DIIT.nCT: _ CA .... S.AD MLNCI'AL WAlE" DlST1lCT SEWE .. : CITY OF CARLI.AD SCHOOL; CARLSIAD UNIFIED ICHooL DISTIIUCT PROJECT DATAi 'ROJECT ADDI'IIII: ASSESSOR'S PARCll .: 1m ACIIUGE: EIIST"G ZONING: EXISTING GENERAL PLAN: EXlSllMCi LAND USE: PROPOSE.D LAND USE: TOTAL ILOG COVERAGE: .LOG SQUARE fOOTAGE: PERCENT LANDSC.'tNG: REQUIIIED GUEIT P""KtNG; PROVIDED GUEIT eO) & '20 LAGUNA DRIVE. CARLS,AD. CA 111.271.21 & )0 .0 •• 21 SF C.," AC) 112IQ) A"H RESIDEHTIAL AUH (1.5 DUlAC, I TWo..SI0RY DETACHED SINGLE FAMILY HOUES , UNITS/.I» AC • I .. DUlAC le.". SF (21%, =t:: :~ m; ~::=: ''''' (0 .... AC) • SP.lClI InE GIIAEMNG. fiLL 700 cu ydi i~~oiif 1, ~ ~g: APPUCATION: CONDOMINIUM, PLANNED OEYELOPUEHT r.:.:.:::.,:,: :::..-r..:.--=_ :-. .... =-:.,. ::.::;.::-------• ::=::;: .... _-----.- :u::=:"'--~-·-- I.~:"~ ~ ~ ~.. .... , ~\ ~ \ ~ ~ <~ 1'/.::w'111.tW PARKING: • SPACES AC11~~r!.~~E~~: ~'~IN1"'1"IW) ACTIVE CO .... ON, -Nflf ~ . 910'. "81.,B· nIt_J =.. ""-.:;: STORAGE PACE: .TOIAL:_ ''::K)ED WI;~: UHli~N AVERAGE D.u..y'TMFFIC:' 10 ••• to .. ......,~ 8/'~/81 ~, ~ , ~2_ ::::::;::r~ • • -_ ...... • T 5 J I I • hill I'I I I Jf III 111 ! IIi! ~ Ihl ! Ih lului IllIi ~0 I ·u III, i' --~-_l!L'---1--il---. I!II 3NHO VtnM I' Ii .1 __ u u u c c co .. : s 5. ___________________ ...L ___________ tSPACf ABOVE TItIS WIE ron nl.COJllJlfrS USEI ..... ___ ·• ____ -;-_ POWER 0 F ATTO RN EY -GENERAL [Includes optional DURABLE POWER OF ATTORNEY] KNOW ALL PERSONS BY THESE PRESENTS: Thai I. RICHARD K. SMITH Ihe unooisiynud (jointly or severally. II more irian one) hereby·r"lrake. constitute and apPoint---. B-;"-H-B·l\-R-A~l\-. -S·p..1-:P:l\'I-j·-· ---' -----~-...; my true and lawful Attorney for rne and in my name. place and sledd and for my use and beneht: (a) To aSk. demand. sue lor. recover. collccl and receive each and every sum 01 money. deb!. account. tegacy. bequest. interest. dlv.ldend. anrH,lIty and demand (which now IS or hlJreafh~r shall oceorno dut!. owmg or p<lyaolel belonging to or clalmeCl Dy me. aM 10 use aM lake any law luI means lor lho recovery Ihereol by legal' process or ollllUWlse. alld 10 execula alld deliver a sallslactlon or release lherelor. logelher with 1I1e flghl and power 10 comprotmse·.or compound <lny cl,um or derri.:Jnd. . (b) To exercise any or all ollhe lollowlng powers as 10 real property. any Inleresl the rem and/or any bUilding Ihereon: To contracl lor. purchaso. rocOlvo and Idke possessIOn Ihereol and 01 eVidence 01 1I11e Ihelelo. to lease IIIB same lor any lerm or purpose. U1Cludll1\l leases for busmess. reSidence. and 011 and/or mu:icri\1 development. 10 sell. exchange. granl or convey !lie same Wllh or WIIiIOU! warranly. and 10 mortgage. Iransler m trusl. or-otherwise encumber or hypothecale the same 10 secure paymenl 01 J lIegolliwle or nOIl'negollable nOle or pertormance 01 any oDIIgJIIOn or <Jgrelllllent; . (c) To exercise any or all 01 the lollowlng powers as to all killds 01 personal property and goocls. wares and merchandise. choses III aellonand olher propnrly III possesSion or In acllon: To contracl lor. buy. sell. exchange. Irans/or and m any legal II)Llnner deal In and wllh Ihe same; and to mortgage. Iranslur rn Irust. or oHlerwlse encumber or hYPolhecilte the same 10 secure [klymenl 01 a negollaule Of non·negolrable nole or pnr/ormance 01 any 001l9alIOn or agreemont; (d). To bOrrow money 3tHI 10 execultJ and deliver negollable or non·negotlable notes therelor wllh or wllhoul security; and io loan monoy and HJCOIYO nogqliablo or non'nego/labl!! nolcs ([Ietelor WillI Suct! ~ecurlty as tlO/she 511.111 deem pro~r; (0) To ern;!le. amend. supplemenl amI letllllll.ilc any Irusl and 10 Instruci and adVise the Iruslee 01 any Irusl whoreinl am or may be. Husior or benuhciary: to . replI.··,cnl Jnd vole slock. c)(t!rCI~lJ SlllCk 1I0"IS. accepl and deal ",,1111 .lny (llVldend. OlslrlDullon or bOnus. 1010 In ilny corporale fmancmg. reorganrzahon. merger. frquiudlion. eonsolld.ltioil or ulller ilchon iJnd IIle exlenslon. CO!f1[)rOflllse. conversion. adluslmenl. enlorcement or IOf!!closure. smgly or III conlunclion With olllers of any corpor ale Siock. bOnd. nole. d~benlure or olner seeurrly: 10 compound. cOIll/Hom,se. aOlusl. seille illlU salisly any obllgahon. securetl or unsocured. oWing by or 10 me arid 1091'10 or accept ;lny properly andl Ut IlltJIWy wtlclller or not equJI 10 01 less In value Ihan 1110 amount owmg In payrnenl. sulllcrneri,t or sahslacllOn thereo/. ' (I) To Iransacl busifless 01 ;my kltHl or class and ;)5 my acl and dced 10 sign. execule. acknowledge and deliver any deed. lease. assignmonl of loase·. covenanl, indenture. IndenHuly. aqreemenl, mOr1gJgIJ. deed 01 Irus!. asslgnmenl 01 morlgage or ollhe Dene!lClallOlerest under deed 01 lrus!. uxlenSIOfl or renewal· of any ooligatlon. SulJorQrnalion or waiver 01 PflOrlly. hypolhccailon. oonomry. ctlarter·party. bill olladlflg. DIll 01 sale. bill. bOnd. nolO. wholher nogotiable ~r non,. negollable. recelpl. evidence 01 debt. lull or par1lal releaso or salls lac lion 01 mortgage. ludgmenl.and other debl. mquest lor par1lal or lull reconveyanco of de-ad _of... . trusl and such olh~r mSIrument5 HI WfI!HIQ or any kltld or class as may L\O'ne<;eS5iJPf or "proper m-U',e ·prCfmses.---' . -' --c_ C'=_--, ~-.. ,~ (g) (Strike II not appllcable.j TIllS Power 01 Attorney shall not b€ aNecte<l by subsequenl incapaclly or Ine prinqpal .HtAAKSA~~){~rn'Xwf.ftCJt~XOJ<R peHQa )11X X X X xx X X XyeM!Xa)\aOhKbiSit)\jilY;~X1~rly<06G'lj~~X {I1j( {S'lt iKa'<Jl<tMiXii!fp~rl!I Ofe'<JXrXlS< POwgj: ~ VVIllrnmr S~~IYo¥c&YeYe~~ff<u10fyl ~ Xr¥~ rtY~i<tfteXP1irttf&i'f ~Wan M~rt<JN ~fiV~ ~~ M {l{ x x x X X X X X2Ylfalt)9 fmK fr\fr\d't{;1lbIJl~ ~ XdGJ'fo* t(y~{H1. (i) H (g) and/or (11) are nol Slrlcken. the fOllOWing warnlllg applies· WARNING TO PERSOH EXECUTING THIS OOCUMEUT: This is an important logal document. II creates a durable power of atlorney. Be/ore execullng Ihls document, you should know IheS8 important facts: 1. This document may provide the person you designete as your at10rncy In fact wtth braid pawnrs to dlsposo, 5011. convey, and oncumber your real and personal proporty. 2. Those powers will exist for an indafinrle period 01 limo unless you lirnrtthair duration In Ihls documen!. Thasa powers will continuo to axisl nOlwlthslanding your subsequenl dis;JUlllly or incapacity. 3. You havo tho right to rllvoke or terminale this duratJle power of attornoy at any timo. G I V IN G AN 0 G RANT I N G Ulilo my said Allorney lull power and Julhollty 10 do and perlorm all and every acl and Ihlng whalsoever requlslle, necess<lry Of approprrale 10 be done In and auoulllle premises as IlJlly 10 all IIllents and purposes as I mlghl or could do Ir personally present. herelly rJlllYlng all lIidl my saId AIIorney shall lawfully do or cause 10 De dono Dy virtue 01 tllese presenlS. The powers and auUlOfily hereby conferred upon my saId Allornuy 5half 00 applicable to all real and personal proporly or In leresIs ttlCroln now owneD or here.llter acqUlre<l by me and wl1erever slluale. My said Attorney is empowered hereby 10 delernlille In hIs/her sale dlscrellon Ihe IHne when. purpose lor and mannor in which any power herOIn conlorroo upon him shall be exerCIsed. and Ihe eondilions. prOVISions and covenants 01 any Instrumenl or document wllIch may b€ execuled by hirn/llOr pursuant hOllllo:,and in Iho acquIsllion or Olsposllion 01 real or personal proper1y. my' said AitOlfleY shalt have exclUSIve power 10 fix the terms Ihereal for caSh. crool! and/or property. and If on cre<llt wilh or wllhout securlly". . When tile conI ext so reqUires: Ihe milsculine gendor includes Iho feminIne and/or neuler. and Ihe Singular number incluelos Ihe plural. WITNESS my hand Ihis /1 day Ol ___ s_e_, _p_t_e_ffi_b.o.e_-.:· .C-r _________________ • 19Ji.L . RICHARD K. SMITH STATE OF CALIFOnt-JIA } Ss COUNTY OF.. Sl\~I EGQ __ _ On Sep tembe~~.l, 1989 . belore me. ttle ulHlerslgned. a N~lary Public III Jnq for Silld Slalo. )erso;j3"YJ'p~l!JrCd -=-IU .. CJU\El)_rL._.~i~tLTJj.J \<,ho proved t.o fTl~_ on __ t.he ba S l S of sat l s f act.ory K~\.'rtTh~~·1O Ile the person .. __ ... ' WllO!iP. nal1le. _ ..... Ls .subsCflllctJ 10 Ille Wllilifl 11I~lrllrnenl .Imf acknowlcclUfJlllh.11 .. I ~ ~. __ ,. ___ .. _. ____ .,_ exer.uted I he $.11110. WI r NESS my !Jane] and olltwl se.ll. (2 .' v .. ) . ru."'IIII tit .\IJUUM, ,ar,lIlA\ 1"hlut1e~ IJr'I''''IIJ' UUri.tIH t I'ldll H vJ AlloUl-IL 'fl \'tOt (Ull$ fiJhlJ ,,,,,I /i,y l ijl I'JOi WlIlCtJl(!i I'll': rt (. -t.: E (t , •. _ .r\ _ 1. ~)._ c.t_1( <:/' NO!;Hy Public in ana 10' said StJle . Ifll") ),,,,lIl1 .. tO I.Jlnll~.t'f'" 'l.u\' UH.41 p'OO.tlllS ,n I~e I.tld .f.(J.tJlrQ fl/!'Ir.,r lCv .... In ItJJ.l t,1I .1. JL\ L .• ,""'} JOO Ih"Jot I ".Ir.;c'.o ~fl{..Cf 11.) J-klf ,rJIIs..KI.on CU,1)<l1I J IJ~Jrj II ,U.J 0\,1\,0(.1 H.r r""m \ 1.1,,("'), 1,)' ,vul p ... fYIJU , STATEMENT OF AGREEMENT :rENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipai Code sets a fifty (SO) day time restriction on Planning Commission proces'sing 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. I f you choose not to sign the, statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the, City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Date' I ' Name (Print) ~ .. .e. .. .fa' tl'f /LHtS Relationship 'to plication" . (Property Owner-Agent) FORM: PLANNI NG 37. REVISED 3/80 • Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008-2439 (619) 729-9291 FAX# (619) 729-9685 "All Students Can Learn" BOARD OF TRUSTEES J. EDWARD SWITZER, JR. President JOE ANGEL Vice President MARKD. PACKARD Clerk JAMES MCCO~CK Member SHARON FAITHFUL Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent SUSAN-HARUMI BENTLEY, Ed.D. Assistant Superintendent Instructional Services JOHN H. BLAIR Assistant Superintendent Business Services GERALD C. TARMAN Assistant Superintendent Personnel Services CHERYL ERNST Director Elementary Education DEWAYNE L. FEASEL Manager FacilitieslMaintenancel Operations February 7, 1991 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Ref: Galey & Kimmerly Homes ten town homes NE corner of Laguna and Jefferson, Carlsbad, CA 92008 Gentlemen: Our District has reviewed the proposed project located at the above-referenced location and has evaluated the impact of the development of ten townhomes on the facilities of the District. The Governing Board wishes to advise the City officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportation services offered to the students. It is also probable that the students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and, in fact, may attend school across town. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, ~*~ J n H. Blair ssistant Superintendent Business Services njg c: Georgiana Kirby, CUSD Distinguished School Board Award 1984, United States Department of Education hydrogeology geotechnical services environmental services structural engineering forensic engineering -• Mr. Edwin L. Laser, Architect 7638 Mar Avenue La Jolla, California 92037 • 3040 Claire mont Or. Suite B San Diego, CA 92117 TEL (619) 275-6577 FAX (619) 275-6947 December 14, 1989 Subject: Pre-Investigation Reconnaissance Dear Mr. LaSer: At your request we have conducted a pre-investigation site reconnaissance of the property at 902 and 926 Laguna Drive, Carlsbad, California. Our work to date has been limited to making visual observations on-site, review of geologic and engineering data from published sources and our own files, and preparation of this letter. Mr. Robert Blaettler of our office visited the site on November 11, 1989. The purpose of our study was to determine if there were any obvious geotechnical conditions on the site or on adjacent properties that may complicate or preclude the proposed redevelopment of the site. It is our understanding that a complete geotechnical investigation will be conducted prior to development. At present there are two single family residences on the property. The lot is relatively flat and portions may be lower than street level. There are no steep slopes on the site or adjacent properties that would warrant special precautions during grading or construction., There are no obvious areas of fill soils on the site, however, it should be noted that some old stream channels were filled in years ago on some lots in the lowland areas of Carlsbad. We anticipate that some soil removal and recompaction may be required, and import soil may be needed to achieve drainage toward the street. 1 '.. f • ( i I , • Soils in the general area are sandy, having derived from old marine terrace and bay deposits. In general these soils are suitable for support of structures. Clayey soils that are detrimentally expansive are not as common in the immediate area as in other areas farther inland. If clays are present they can be mitigated. Overall, we do not anticipate any adverse geologic or soils problems on this property. A subsurface investigation is needed to confirm site conditions and to conduct laboratory tests in order to determine basic design and construction parameters. The opportunity to present this preliminary report is greatly appreciated. We will be glad to provide a proposal for a soils investigation at your request. Please feel free to call our office if you have any questions. Sincerely, , . -?:~:e',~-::2« ~"t--- Thomas N. Lamb RG 4261 Vice President distr: (2) addressee 2 -------- • GALEY AND KEMMERLY HOMES February 12, 1991 Village of Carlsbad 2075 Las Palmas Dr. Carlsbad, Ca. 92009 • RE: Laguna Village-Application for Tentative Map, Condominium and Planned Development Permits Attn: Project Planner, Attached please find our application with-required -supporting exhibits -for a project known as Laguna Village. The project is a re~subdivision of several existing lots which presently have two small single family homes and a small farm field. We are proposing to redevelop -the site with a ten (10) unit duplex/townhome style condominium project. The site is located one-half block east of Jefferson Street on the north side of Laguna Drive. Laguna Drive is the-northern boundary of Carlsbad's Redevelopment District, placing the project adjacent to, but just outside of, the redevelopment area. The site-is currently zoned R-2 (Q) and therefore our proposed use of duplex units falls within the allowable zoning. The R-2 district requires a minimum of 3,000 square feet of lot area per dwelling unit for lots with an area of 6,000 square feet or more. Our lot area is approximately 40,000 square feet, or 4000 square feet of lot area per dwelling unit, in excess of the minimum area required. We would like to point out that our private driveway width is twenty-five (25) feet, which is less than the thirty (30) foot minimum required. We have requested the change for two reasons: 1) This will allow the eight units fronting on the main driveway ~ to have additional parking in front of their garages, since the private driveway length would be twenty-(20) feet. This will provide an additional 16 guest parking spaces in addition to the required spaces which we have already provided. The additional spaces will further eliminate any illegal parking on the main driveway. 7720 EL CAMINO REAL, SUITE 2M, LA COSTA, CA 92009 (619) 632·8032 .~ .. -... • • Page 2 2) The·~eduction of five (5) feet of main driveway width will allOw more green space to be provided in the front of the u.nits. The duplex units are designed to give the owner the feel of having a single family horne with elevations that emphasize frontage rather than depth and large back yards compared to similar townhome developments. The front elevations have been articulated from one . story to two story to provide an appealing street scape. The circumference of the property will have a six (6) foot high block wall for added privacy. The ta·rget market for Laguna Village is the entry level horne buyer with prices starting at $185,000 for a two (2) bedroom two and one- half (2~5) bath home. With the growing cr1S1S in housing affordibility we feel Laguna Village is a timely project to meet the first time horne buyers needs. Thank you for your consideration of our application. Sincerely, Kemmerly Homes Christopher L. Kemmerly CLK:kao .• , A ,~ ,RECORDING REQU.EST.BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 'V ) ) ) ) ) , Space above this line for Recorder's use Parcel No. l-SS -27/ -14; • sS" -27 J .. 30 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE TH IS AGREEMENT is entered into lis I'f-l:-day of t:-e."t'uAI'j 19--1! by and between b(;l..\C,!l ...... J 1<<. M M~r/.., -I-J 4W\eS (Name of Developer) a _~:---"P,--a..-:,-+n-:--_~....;"':S_"'~I p_'"":"'""':'_--:----:~----, herei na fter referred to as (Corporation, partnership, etc.) "Developer" whose address is 77'l..0 1::, C"''-''U1O R~1f.1 J S,,~-k. Z,M (Street) (City, State, Zip Code) '. and L "U/~ 1="1.1". ... , ... 14 ..... J J ... t'le.+le Furt·'(.r i etA'" J?clud Srnl-p. (",J &ub4rI.l.51h,i (Name of Legal Owner) • a :I. "d I " I A IJ 41.. f S , hereinafter referred to as (Individual, Corporation, etc.) "Owner" whose address is 1tJ.5S C{~r(.h{'<' Drllle I V'S+~ ~ I!.G.. -----~~-----~(S~t~r-ee-t~)--~~------~~'------- (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as IICity", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 7-28-87 cr· 'll-/ Gi' . '11-2 'S Dr . ql-2 RD -'fI-1 • • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A"; attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follows: 6 u"...+ on said Property, which development carries the proposed name of ----- and is hereinafter referred to as "Developmentll ; and ~ WHEREAS, Developer filed on the 15 -day of ;:-~bl'lJA.;~. 19~, with the City a request for T-t!I"\+e..-I-lv~ tY'tM"t (V1d.p, 4 :> I a.)\ 1\ old .( u e./ b nove ..... t c 6 ~ J I tn ""/e." "'" ¥-t't""J4l,..J. . hereinafter referred to as II 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 an<;:t is 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 servi~es resulting from the proposed Development;· and -2- REV 7-28-87 -, ,WHEREAS, Developer and Owner have asked the City to find' that public facilities and services 'Nill be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findin.gs without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the convenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 in 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 Titl~s 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner 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 for 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 or occupancy for which the development is intended. -3- REV 7-28-87 .---------------------------------~---~~~ 'Developer and owner." pay the City a public facil. 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 f~es, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner 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 and Owner offer 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 .bui-lding 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. -4- REV 7-28-87 5. City ag. to provide upon request .onable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer 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 for attention of the City Manager, postage prepaid and certified. 7.2 I f notice is 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, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. I f 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. -5- REV 7-28-87 J ~ 5 .to At such time as Ar ceases to have any Interetin the Property. all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner·s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Ga I t.t.f "t-JC k'e:MMe:.e.t..y 1I1)M1l!~ .--4~ ~uR.tP"'-/? BY~ (.(44-TIT/jt¢B!fiA RvL_ _t~/ Y (INDIVIDUAL) ()f",~.,.. .. 1 5h~!)c:I I (Individual) STATE OF CALIFORNIA I COUNTY OF C-:a", D'-(J~ SS. c:- On ~"1'\ 17 f9'1/ before me, ~I'/, .-"") :--'A'" ,......... ~ C,l' r(l'(1"'-eV persoIJ.,lIy appeared " ~XL. fi1:: = ff=x:i c\rlClr (.t _ c:;; ~ l::! o II S·, .. , +, ] . \ ~ c::r f."r 0 N (1C61'£"'.a Notary Public in and for said State, • :..s ?Jti :- ---------------~---=:::=:::::=---z.-_:_::_==_;;;:c:. {known tome) .c ::»S . ..::.C1~rC..;.....8ub8Cribed to the (or proved to me on the basis of satisfactory e~idence) to be the peraon--2--whoee name_ within instrument and acknowledged that =tH 7' executed the same. WITNESS ~=l.=== __ Slgnature.-.!:.~:::l _ _==_ _________ _ Form 3213(CA 12·82) _______ , AuvWll t..u lilt: to be the person/-2...-whose name.r-;2 _-.1.12""'//,-",,,,0-__ ~;ibed to the within instrument and acknowledged that executed the same. ~~Ob~ • OmCIALSEAL . GARY S. NESSIM NOTARY PlBUC • CALifORNIA SAN Dl£GO COlItTY MyComm. ExIIiresAua. 9.1991 (TIl" .re. for of/icialllOl&rial ... /i PARTNERSHIP ACKNOWLEGEMENT STATE OF CALIFORNIA ) )ss. COUNTY OF S1\;; I) I 1':GO ) • ~, ~ ~ On this ~ day of 1 \.-\LL~ I 1991, before me the undersigned Notary PUbic ,personally appeared BY:' :l\l,I';Y DEVELOPMENT GROUP, A CALIFORNIA CORPORATION, GENERAL PARTNER BY:MICHAEL H. GALEY, PRESIDENT and BY:THE KEMMERLY COMPANY, AN ILLINOIS CORPORATION, GENERAL PARTNER BY: CHRISTOPHER KE~ERLY" PRESIDENT, Partners of GALEY AND KEMMERLY HOMES A GENERAL PARTNERSHIP and personally known to me or proved to me on the basis of satisfactory evidence to be a partner of th ... ! ",'r :·;hi.p that executed this instrument and on oath stated that he or she is authorized to execute this instrument on behal r !)C the partnership. ~" "th Subscribed and sworn before me on ~ ~ \ \ I 1991. OF~ICIAl &EAl NANCY LCMlER NOrAAV PUBlIC CAlJFOANlA SAN DIEGO COUNTY My CommiSSIOn Exp. Nat-13, 1992 My commission expires \\ -\3~ EXHIBI1' "A" • LEGAL DESCRIPTION PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST.\'I';': UF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2.. IH88. TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 7 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE' SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. ' EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT 1 THAT PORTION CONVEYED TO TH1'; t~ f'lly OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REEC}t:: AVENUE VACATED, 30.00 FEET; THENCE NORTH 0°05' EAST, 2.03 FEET;. THENCE SOUTH 89° 57' EAST, 71. 50 FEET; THENCE SOUTH 0° 0 5' u :-:wr 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT 1 TO THE PC'! j\j'e OF BEGINNING. PARCEL 2: THE EASTERLY 58 1/2 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY ()F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ,': !iiN'J'Y I FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY 26, 1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRI~En AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTAN(!I~ OF 58.50 FEET; THENCE NORTH 0°05' EAST 2.33 FEET; THENCE SOUTH ,,89° 57' EAST 66. 00 FEET; THENCE SOUTH 0° OS' WEST 2.60 FEET TC ,,:"1} i!\f'r ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING., VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF Sl\ro VACATED ALLEY TO THE POINT OF BEGINNING. TICOR TITlf INSURANce --------~-..,......, . rICOR TI~ INSURANCE COMPANY O~ORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6Q81 SPRING MOUNTAIN ESCROW ATTN: BILLIE SCHAFER 785 GRAND AVENUE, SUITE 101 CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: 11242-R PRELIMINARY REPORT OUR ORDER NO.: 1186318 AMENDED FEBRUARY' 11, 1991 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW 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 ON EXHIBIT A ATTACHED. COPI~S 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. DATED AT 7:30 A.M. AS OF FEBRUARY 6, 1991 TITLE OFFICER: SUSAN RYKOWSKI TEL 619 544-6223 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( )l{f!L A-RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87) () TA lOAN POLICY (10-21~87) WITH ALTA, INDORSEMENT FORM 1 COVERAGE ( ClTA STANDARD COVERAGE POLICY -1988 ( ) ALTA OWNER1S POLICY (10-21-87) AMENDED 1186318 PAGE 1 TICOR TITlf INSURANCE ' -TH6 ESTATE OR INTEtilT IN THE LAND ·HEREI~DESCRIBED OR REFERRED TO COV~RED ~Y THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LOUIS FURRER AND JANETTE FURRER, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED ONE-HALF INTEREST AND RICHARD SMITH AND BARBARA SMITH, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED ONE-HALF INTEREST AS TO PARCEL 1; AND RICHARD KEITH SMITH AND BARBARA A. SMITH, HUSBAND AND WIFE AND LOUIS D. FURRER AND JANETTE M. FURRER, HUSBAND AND WIFE, AS TENANTS IN COMMON AS TO PARCEL 2 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR: 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY, SECOND INSTALLMENT : NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF BLANCHE E. JOYCE, A WIDOW FOR WATER LINE RECORDED JUNE 24, 1947, DOCUMENT NO. 64497, IN BOOK 2422, PAGE 323 OF OFFICIAL RECORDS AFFECTS A STRIP OF LAND 4 FEET IN WIDTH OVER SAID LAND ADJOINING THE CENTER LINE OF REECE AVENUE ON THE EAST AND RUNNING SOUTHERLY FROM THE INTERSECtION OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 7, BLOCK 8 TO INTERSECTION WITH THE NORTH LINE OF LAGUNA STREET (FORMERLY PATTERSON STREET) AS SHOWN ON SAID MAP NO. 486 3. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY AMENDED 1186318 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 12, 1978 $54,000.00 RICHARD KEITH SMITH AND BARBARA A. SMITH, HUSBAND AND WIFE AND LOUIS D. FURRER AND JANETTE M. FURRER, HUSBAND AND WIFE SERRANO RECONVEYANCE COMPANY, A CALIFORNIA CORPORATION HOME SAVINGS AND LOAN ASSOCIATION, A CORPORATION PAGE 2 flU TICOR TITlf INSURANce; -.-RECORDED . : JUN~6, 1978, RECORDER'S FILE NO. 78-249762 SAID MATTER AFFECTS: PARCEL 2 4. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOtlNT JANUARY 9, 1979 $52,500.00 LOUIS FURRER AND JANETTE FURRER, HUSBAND AND WIFE AND RICHARD SMITH AND BARBARA SMITH, HUSBAND AND WIFE SERRANO RECONVEYANCE COMPANY, A CALIFORNIA CORPORATION HOME SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION JANUARY 25, 1979, RECORDER'S FILE NO. 79-038664 SAID MATTER AFFECTS: PARCEL 1 5. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NECESSARY SEARCH AND EXAMINATION TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM: OWNERS -SMITH NOTES A. COMMENCING ON JANUARY 1, 1991, THE COUNTY RECORDER'S OFFICE W'ILL CHARGE, IN THE ABSENCE OR REJECTION OF A COMPLETED "PRELIMINARY CHANGE OF OWNERSHIP REPORT FORM" SIGNED BY THE TRANSFEREE, AN EXTRA $ 20.~O FEE, IN ADDITION TO THE REGULAR RECORDING FEES. THE SIGNATURE OF AN AGENT ACTING FOR THE TRANSFEREE WILL NO LONGER BE APPROVED UNDER THE STATUTE. ALSO, THE FORMER PROVISION ALLOWING FOR AN AFFIDAVIT BY A NON-RESIDENT IS NO LONGER APPROVED BY STATUTE. CHAPTER 1546. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNiA Is EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANI£S, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC). UNDER REG. CC, ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. AMENDED 1186318 PAGE 3 .---------~..---------------_ g .TICOR TIT"INSURANCe--. . . C. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT SECOND INSTALLMENT D.. TAX FIGURES FOR CODE AREA PARCEL NO. LAND IMPROVEMENTS FIRST INSTALLMENT SECOND INSTALLMENT AMENDED 1186318 1990-91 09000 155-271-29 $61,555.00 $24,620.00 $485.13, PAID $485.13, OPEN 1990-91 09000 155-271-30 $66,478.00 $22,156.00 $498.15, PAID $498 . 15, OP EN PAGE 4 .-----:::II __ --------------------~ ~ _ • TICOR TIT~ INSURANce, THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION Of THE SOUTH LINE OF LOT 7 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT 1 THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REECE AVENUE VACATED, 30.00 FEET; THENCE NORTH 0°05 1 EAST, 2.03 FEET; THENCE SOUtH 89°57' EAST, 71.50 FEET; THENCE SOUTH 0°05' WEST, 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LINE TO THE POINT OF BEGINNING. PARCEL 2: THE EASTERLY 58 1/2 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE I N BLOCK 8, AS SAME WERE CLOSED TO PUBL I C USE, JULY 26, .1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 58.50 FEET; THENCE NORTH 0°05 1 EAST 2.33 FEET; THENCE SOUTH 89°57' EAST 66.00 FEET; THENCE SOUTH 0°05' WEST 2.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID VACATED ALLEY TO THE POINT OF BEGINNING. AMENDED 1186318 PAGE 5 < 8 ;:: OR TITlf INSURANCE---I _ EXHIBIT A • Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Exclusions 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning • land use * improvements on the land * land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is bil1ding on you if you bought the land without knowing of the taking 3 Title Risks: * that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date·-unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: * to any land outside the area specific'ally described and referred to in Item 3 of Schedule A or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title :Risks. (c) Any facts about the land which a correct'survey would disclose and which are not shown by the public records. . This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) enVironmental protection, or the effect of any violation of these laws, -ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice Qf a defect, lien or encum~rance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have \l~en sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date.of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over tl'!e lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subseqi.ient to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. AMENDED 1186318 PAGE 6 (continued on next page) TICOR TITlf INSURANCE ~ ~ ClTA ST.RD COVERA~E PO.lICY-1~ The Exclusion's from.Coveragi! of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and ·ttie Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land i.s or was a part; or (iv) environmental protection, or the effect of any viol.ation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereo·f or a notice of a defect, lien or encumbrance resulting from a Violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or IiIl1eged Violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, SUffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of POlicy, but known to the insured claimant and not disclosed in writing to the Company by the insured clai·mant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not.have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the s~te in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. . Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but Which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excepti'ons 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 re90rds. 6. Any facts, rights, interests or claims which are not shown by the public records but Which could be ascertained by making inquiry of the lessors in the lease or leases c:iescribed or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (inciuding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or .location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police· power not excluded by (a) above, except to the extent ttlat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date-of ~~ . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, sufferEld, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date 1he insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1186318 PAGE 7 2 7 6 5 3 2 : .--"' · · · · .. ~: ~- ,,- 15 10 14 . --~ ,----'-----. ---------- 2 )3 -1 r) ". 1 --??> i .1 I .1. AVE. .) ~o 0 "', ..... . . "., .. . 1:: .1... ,. l' DR . This,is not a,survey ~f th~nd, but is-complIed for lnformatlon only, nor is it I!-part .of the report or -poUcy to which lt may be attathed, -I TITLE INSURANCE AND TRUST ' 220 ~.A" Street-" I 'San Diego, C~U.forn.ia. 92101 ' , , J I" I 0 1 Wi (/)1 01 ...JI 0 1 .) :~ . ~ '.' .. i , / ~UCA110N REQUIREMENTS FOR' / TENTATIVE TRAer MAPS (AND REVISIONS) , TENTATIVE PARCEL MAPS VCONDoMINIUM PERMITS PLANNED DEVBLOPMENT PERMITS (FOR RESIDEN11AL PROJECfS ONLy) I. ri , rI ~r:r-'" , ' 0 \.,~,i hlI" ~ ~ 1. . Eight (8) copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8% x 11" size. iil«i.tJl~pi~~ of the tentative tract map/condominium site plan shall be submitted by'ilie"appHcant upon request of the project planner prior to project approval. Each tentative map shall contain the &11 • w . r ., 10 OWIng ormatton: J ' ./}/, I #,h t=a:'" ,po /(.c(t:( ,,; "-0" I "'~' .. l ,! t l,./ " , ~ I'" ,'" <' GENERAL INFORMATION: 6 &ttV; :'IJ. .t :I 7~/ ~L-t~:/ /" .-< A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; B. Name and address of registered civil engineer, licensed swveyor, landscape architect or land planner who prepared the maps; C. North arrow; ?' ? D. Scale~ vicinity map; E. Date-of preparation/revisions; F. Classification of lots as to intended residential, commercial, industrial or other uses; G. Tentative Map number in upper right hand comer (City to provide number at time of application). H. I. J. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. Name of sewer and water district providing service to the project. Average Daily Traffic generated by the project broken down by separate uses. FRM003 11/90 Page 1 of 7 I )" i i '" -t/ K. Namtl School District previcting service to "reject. ri L. Proposed density in lots or dwelling units per acre. rI M. Existing Zone and General Plan Designation. ~ N. Site acreage. II. SITE INFORMATION: rJ ri ri Q [1£ U£ ri @ @ db FRM003 A ---7 B. General 1) 2) 3) 4) 5) 6) 7) Approximate location of existing and proposed building an? permanent structures; / ~ ~A Location of all major vegetation, showing size and ~e; ~ ~ Location of railroads; ~~-?t';:b Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); Lot lines and approximate dimensions and number of each lot; Lot ~ea 50r ~asJt.tproposed lot. IS' __ ', . --/.d /U_d no-A /?-&~~~O;/::J-a-uz-~ ~'Y5 Setback dimensions for the required front, rear and side yard setbacks for all structures; ~ 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation,' 9) Show site details for all recreation lots or areas (when applicable). 10) Total building coverage for lots with proposed structures. 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) 2) Name, location and width of existing adjacent streets and alleys. 11/90 Page 2 of 7 -..'''-~ /'~ 1 I J , ~j 0 -.01 cE cF- [j;" 3) ayp.ical street section for all adjacent 'ts and streets within the ..,roJect. 4) Width and location of all existing or proposed public or private easements. 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways . • 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) 9) 10) Show access points to adjacent undeveloped lands. Show all existing and proposedc;~d utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. Show all fire hydrants located within 300 feet of the site. r-10 ~ c. :.:adingA::=g:antaurs at I' intervals far s1apes less than 5%, 2' ~ ~ intervals for slopes between 5% and 10%, and 5' intervals for slopes ?t:5J?~ Ww 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. FRM003 2) 3) 4) Earthwork volumes: cut, fill, import and export. Spot elevations at the corners of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 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" reduced site plan and building elevations. , 3. One (1) copy of 8 1/2" X 11" location map (suggested scale 200" -vicinity· maps on the site plan are not acceptable). 11/90 Page 3 of 7 4. 5. 6. En~ental Impact Assessment Form (seJAe fee required). Required for _tive parcel maps only where signific~ading is proposed. Check with Planning staff to determine if required for your application. /J I Alud ft f!tl1J) Mg(;kVt:J.tJi;~'Jji' t {e4.vddi4 / -5iUfd (J ..iJV!~~'.)/j£J(~U/;'hV--f~ Public Facility Agreement: 'two (2) copiel: One (1) notarized original andlJ /[Tlf'! one(l) reproduced copy. (Separate fee required). Disclosure Statement. (Not required for tentative parcel maps.) 7. Property Owners' List and Addressed Labels TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, MO SETS OF 1HE PROPER1Y OWNERS USf. lABELS AND POSfAGE. TIlE APPUCANT SHAll. BE REQUIRED TO SIGN A SfATEMENTCERTIFYING rnAT TIlE INFORMATION PROVIDED REPRESENTS 1HE LATESf EQUAuZED ASSESSMENT ROllS FROM 1HE SAN DffiGO COUN1Y ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. ~ A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to Section 20.24.115 of Tide 20. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. ~ Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property except for Tentative Parcel Maps which shall utilize a 300 foot radius. For any address other than single family residence, 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. 8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps) FRM003 A map to scale not less than 1" = 200' showing each lot within 600 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. 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. 10. Three (3) copies of the Preliminary Tide Report (current within the last six (6) months). 11. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. 11/90 Page 4 of 7 o ,/ 12. , 14. 15. FRM003 11/90 Sch~~istrict letter indicating that school fa~s will be available to the proJ~ • 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 exlu"bits. Statement of agreement to waive tentative subdivision map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.). (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.) If the constraint does not apply to the property, list it on the map as not applicable. (1) Major ridge lines (2) Distant views (3) Internal views (4) Riparian or 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 -type of special planning area (13) Biological Habitats. Indicate the location of coastal sage scrub and chaparral plant communities existing on the site (14) Beaches (15). Permanent bodies of water Page 5 of 7 · \ 0 ! .~ I / C)YA FRM003 16. (16).etlandS • (17) Land subject to major power transmission easements (18) Railroad track beds. 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. 17. Noise Study consistent with the Planning Department Administrative Policy No. 17 when applicable. (See Policy #17). 18. Two copies of preliminary soils/ geologic report for all project with cut or fill depths exceeding 5 feet. 19. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. 20. 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. 21. For all condominium conversions, one copy of a compliance inspection perfonned by the Building Department. (Separate fee required.) 22. For all condominium and planned development projects, eight (8) copies of a preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. i&iiIflBJ :!iiII of the landscape plans shall be submitted by the appUcant·····upon request of the project planner prior to approval of the project. The scale should be consistent with all other exlubits. Each landscape plan shall include the following infonnation: a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. 11/90:-Page 6 of 7 . " ..... J FRM003 23. J ArPical plant species, quantity of each •. es, and their size for each "anting zone in a legend (Use symbol] c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. , Percent of site used for landscaping. 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. F~b (1:pX~:~R.P~~ of the building elevations and floor plans shall be submitt~d::"by ilie····appllcant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: / dJ / / ,/ Floor plans with square footage included. Location and size of storage areas. s7a~?~Cd '. All buildings, (sttUctU?es,) ~and!or fences, signs ~-~o;J Q!gfus, ". ________ '-"" cu~ Include a scale on all floor plans and building elevations. Indicate on all building elevations the height measured from grade to the midpoint of the highest roof. The measurement is taken ~ f~.mJ!le building wall and at the lowest grade elevation (worst condition) . 24. SUBMIT ARCHITECTIJRAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATTACHED.) 25. Photographs of the property taken from the north, south, east and west. 26. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass, wood etc.) 27. Pursuant to Section 21.45.040(6) of Title 21, applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. 11/90 Page 7 of 7 ,. -r--:.r ,-.,', -- 1 2 3 SECTION 00: P-M -PLANNED INDUSTRIAL ZONE: This zone is created to provide an area for the development of certain industrial use~. The following uses only shall be permitted in the P-M Planned 4 Industrial Zone, unless as may be otherwise provided for in this 5 I 611 7 8 9 10 11 12 . , I 13 14 15 16 17. 18 19 1 20 21 22 23 24 25 26 Ordinance: A. Each parcel shall be used only for manufacturing, process- ing, storage, wholesale, office, laboratory, professional, research and development activities; and there shall not be permitted any use which creates smoke, gas, odor, dust, sound, vibration, soot, lighting, or pollution which will be offensive to any person residing in, or conducting business in, this or any other Zone of the City. B. The following non-flashing and/or non-animated signs: SECTION 01: 1. The aggregate sign area for all signs on a parcel shall not exceed three tenths (3/10) of a square foot for each linear foot of main building frontage. The maximum height above grade shall be 10 feet. 2 . Such sign shall o~ly identify the occupant or occupants, shall be located closer than 20 feet from any property line. Double or single face directional signs not exceeding 4 square feet per display face as may be necessary to direct or control vehicular and pedestrian traffic. Such directional signs may be located in any area. CONDITIONAL USE PERMIT: The following uses shall be 27 permitted only by conditional use permit: 28 A. Restaurants, automobile service stations and other retail 29 30 31 ~21 I uses limited to sales of goods and services required for the convenience of occupants of the P-M lone. B. Heliports and Helistops. C. Electric Substations. .! .. .• ~ z. ~ __ '" "~ .. . :'" :'-1 ,. , , ", .-f: l./ . t': ! i" I. I,: i I: ) . ~~ . :. , /-I ,. ;' I· f,. <. " LAGtMA l . ''. \ \ \ City of OaMsbad CT Ii -,··1 l..L o UJ > i-« !- Z ill I-- I HI l-oa --1- \ I .,--~-OCtALE:/ ... -tQ TENTATIVE (' \ I '\ ~ ~LC;:I<! 1 iSy'NN'{ SLO lY ,MJ.P 48 H .. Lo-r I, JJ MAP ~. LOT 10 OF CARLSBAD I {' .. / "'~~\ ...... ' . i L€fr 9 ~ -)to--.... wooonlCll _ IMGttJTUC(:O,ACCIILQQI\1W11.4 _"'CTlOHCII'~ =rQ,N"eutJIII; -S-rPNiATl ..... WMt -w-rWATlIllIIIAII4 ____ IrAe' IlOMlClfUolot ~ Pl'lOI'OMOMIrWIU I!I3 "O!'OM.Of'.UIO -~,Wlrwe.~ I TRACT DYVNE! '\.IJIMtII,..-nt MS. Q/WCHOlIJII ..... t.I. CA ,,~ LE~.I,.jl,ESc"lrrIDN ...... 'I'IoNlIU~ .... I'tOI&. f'IJIa.tA....c:lM.IoI....Il,InI .. u,eDlTA,ea ... .. til ....... LOTI'~ ...... OC)l.OI'-.-,a.cN!N.Ct .""D'TTCII'~,CXUon'Y CII' ..... _'O''' ... lIO#~QIIIIM.,~toW#beIWCII'lIO .... ruo .. 1Hl omcz trMCOUtnY .. COJCe''''''''''''''' AssessoR'S PAR££L NII""~1t "., ............ SITt! A{)/)IMSS ... -~~~ PROPOSED USE ,..6Uft~~~ .,,\11 :: !~ GENEitAL NOTa !:a... .~;#~, PRIVATE DRIV~ TYPICAL :leCTIDN ""! FtR~ HYDRANT DCATIONS fCUE , I' 400' I "I ZO· I _"·~"'~_I "'IP4-f '-- ""'.-. pm.lCML ....... Pm ........ TOIIrt..lrMA. TOfIrt.NOOIlOTS T01'AL.~tJI""" .....,... -......... . ...,....,. """ .... --.. "*c ........ 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