HomeMy WebLinkAboutCT 91-05; LA COSTA FAIRWAYS VILLAS; Tentative Map (CT)CI1Y OF CARLSBAD
LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2
1) APPLICATIONS APPUED FOR: (CHECK BOXES)
(FORDEPi'
USE ONLY) (FOR DEPT
USE ONLY)
o Master Plan
o Specific Plan
o Precise Development Plan
~ntative Tract Map
~lanned Development Permit
o Non·Residential Planned Development
~ndOminium Permit
o Special Use Permit
o Redevelopment Permit
o Tentative Parcel Map
o Administrative Variance
2) LOCATION OF PROJECT: ON THE
il;r2L--c5_
J) /\.
t;P11-3
o General Plan Amendment
o Local Coastal Plan Amendment
o Site Development Plan
o Zone Change
o Conditional Use Permit
~side Development Permit
~vironmental Impact Assessment
o Variance
o Planned Industrial Permit
o Coastal Development Permit
o Planning Commission Determination
o List any other applications not specificed
I 5otJrJ-J I SIDE OF I CRt BflIJd, 1 A-f2-
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BE1WEEN 1LA-CA~Tf\· I AND I B:p~tf:t 8:. I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: I UJT~ ~Cf elf I +fiV t 40 r llLPrP (;. ~ 0 ,
I 4) ASSESSOR PARCEL NOeS). ~(; --; 0-0.-01-l o.~ I o~
1
:n::
I
5) LOCAL FACIUTIES I & I 6) EXISTING GENERAL PLAN I lYi 17) PROPOSED GENERAL PLAN-I !if I MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING I go r{) I 9) PROPOSED ZONING I flOr{) 110) GROSS SITE lIUJ ACREAGE
I
11) PROPOSED NUMBER OF ~ 12) PROPOSED NUMBER W 13) TYPE OF SUBDMSION ICOJD~ RESIDENTIAL UNITS OF LOTS
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS I i1 I j .... 2~ ... 'l\
15) PROPOSED INDUSTRIAL I f?J /16) PROPOSED COMMERCIAL I g? I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE -
I !
CI'IY OF CARLSBAD
LAND USE REVlEW APPLICATION FORM PAGE20F2
17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS IV
19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC Itt
20) PROJEcr NAME:
21)
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF cm STAFF,
PLANNING COMMISSIO EW BOARD MEMBERS, OR cm COUNCIL MEMBERS TO INSPEcr AND
ENTER THE PROPER F APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE)
-SArOD A-s CJ /Altt/ 1§lL.
MAILING ADDRESS
~ 23 fA l~{lAJ! <;.1·
[ CERTIFY TIiAT I AM 11iE !.£GAL OWNER
AND TIiAT ALL 11iE ABOVE INfORMATION
.n~~ MYKNO •
7~
SIGNATU' • .
FOR cm USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
d./O.
TOTAL FEE REQUIRED
DATE FEE PAID
MAILING ADDRESS
TELEPHONE cm AND STATE ZIP TELEPHONE
I CERTIFY TIiAT I AM TIfE LEGAL OWNER's REPRESENTATIVE AND
TIiAT ALL 11iE ABOVE INfORMATION IS TRUE AND CDIlRECl' TO 11iE
BEST OF MY KNOWL£DGE.
SIGNATURE DATE
~nAR 28 199 )
("lTV ()c r:ARl SEAD
RECEIVED BY:
RECEIPT NO.
I""""'-----------------------------~~~----------
. . • •
FIDELITY NATIONAL TITlE mSURANCE COMPANY .
2763 camino Del Rio South Phone (619) ~95-7332
San Diego, california 92108 North County 748-4110
P.O. Box 85589,S.D., CA 92186-5589 727-1852 & 753-6321
HOSSEIN' ZCM)RRODI
5983 cirtus Street
San Diego, california
PRELIMlliARY REFeRI'
Your No.
our Ntnnber 9100722--sM
Date: January 30, 1991
In response to the application for a policy of title insurance
referenced herein, FIDELITY NATIONAL TITlE mSURANCE COMPANY hereby reports
that it is prepared to issue, or cause to be issued, as of the date h~eof, a
Policy or Policies or Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not exclude from coverage pursuant to the
printed Schedules, Conditions and stipulations of said Policy fonus.
srhe printed exceptions and exclusions from the coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of the Policy forms
should be read. srheyare available from the office that issued this report.
srhis report (and any supplements or amendments hereto) is issued solely
for the purpose of facilitating the issuance for a Policy or Policies 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 Connnitroent should be requested.
'Ihe form of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE roLICY-1990
CLTA OWners JP Loan Policy Binder
AIJrA lOAN roLICY (4-6-90) WITH A.L.T.A. ENOORSEMENT FORM 1 COVERAGE
SCHEIXJLE OF EXCIUSIONS FROM COVERAGE
ALTA Loan Policy ALTA-R ALTA Extended OWners
Dated as of January 23, 1991 at 7:30 A.M.
MARI'INE CAROm
Subdivision Title Officer/ael
Page I
FORM T-911-90 -Page 1 -(Rev. 1-91)
\
PREL1NINARY REFORr •
PAGE NO. 2
ORDER NO. 9100722-sM •
'Ihe estate or interest in the land hereinafter described or referred to
covered by this Report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
HOSSEm ZCM)RRODI,
a married man, as his sole and separate property
NOI'E: It is our understanding that title to said estate or interest in said
policy is to be vested in:
'Ihe land referred to in this report is described as follows:
IDts 399, 400 and 401 of IA COSTA SOU'IH UNIT NO.5, in the City of carlsbad,
County of San Diego, State of california, according to Map thereof No. 6600,
filed in the Office of the County Recorder of San Diego County, March. 10,
1970.
At the date hereof exceptions to coverage in addition to the printeid
exceptions and exclusions contained in said policy fonn would be as
hereinafter shown.
1. General and special taxes, the first installment now delinquent, the
second. installment now payable, for the fiscal year 1990-91.
2. SUpplemental Taxes for the fiscal year(s) 1989-90, as;sessed pursuant to
the provisions of Chapter 3.5 (commencing with Section 75) -of the Revenue and
Taxation Code of the State of california.
3. 'Ihe lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
. Taxation Code of the State of california.
4. Covenants, conditions and restrictions, but deleting restrictions, if
any, based upon, race, color, or national origin, as contained in instnnnent
recorded March 10, 1970 as File No. 43138 of Official Records.
5. An easement for allowing an existing encroachment by a concrete <lriveway
to continue to exist and purposes incidental thereto, in favor of Ia Costa
Vista Associates, a limited partnership, recorded April 25, 1979 as File No.
79-170169 of Official Records.
Affects at the Southern boundry of IDt 401 of the Ia Costa South unit
No.5, according to the Map thereof No. 6600, filed in the Office of the
County Recorder of San Diego County on March 10, 1970. 'Ihe easement over
said property is 4 '10" wide and 112 feet long totaling 537 square feet.
Reference is hereby made to said document for full particulars.
" I
-----~ -~~--~, ~y.
.. _.$
PREI.J:MINARY REroRI' •
PAGE NO.4
ORDER NO. 9100722-sM
•
1990-91 TAX lNFORMATION: CONTINUED
Code Area:
Parcel No.
1st Installment:
2nd Installment:
Based on land:
Code Area:
Parcel No.
1st Installment:
2nd Installment:
Based on land:
9046
216-300-05
$1,404.35 DELINQUENT, Penalty $140.44
$1,404.35 OPEN
$240,000.00
9046
216-300-06
$1,282.46 DELINQUENT, Penalty $128.25
$1,282.46 OPEN
$214,000.00
. .~ SUpplemental Taxes for the fl.scal year 1989-90, assessed pursuant to the --------____+,_
provisions of Chapter 3.5 (conunencing with section 75) of the Revenue and 1·
Taxation Code of the state of california. 7
First Installment: $325.11 DELINQUENT, Penalty $32.51, now payable;
delinquent: December 10, 1990.
Second Installment: $325.11 OPEN, now payable: delinquent: April 10,
1991.
Affects Parcel No. 899-D39-70-69.
SUpplemental Taxes for the fiscal year 1989-90, assessed pursuant to the
provisions of Chapter 3.5 (conunencing with Section 75) of the Revenue and
Taxation Code of the state of california.
First Installment: $407.69 DELINQUENT, Penalty $40.77, now payable;
delinquent: December 10, 1990.
Second Installment: $407.69 OPEN, now payable; delinquent: April 10,
1991.
Affects Parcel No. 899-D39-70-79.
SUpplemental Taxes for the fiscal year 1989-90, assessed pursuant to the
provisions of Chapter 3.5 (conunencing with section 75) of the Revenue, and
Taxation Code of the State of california.
First Installment: $340.24 DELINQUENT, Penalty $34.02, now payable;
. delinquent: December 10, 1990. -
Second Installment: $340.24 OPEN, now payable; delinquent: April 10,
1991.
• , • EXHIBIT A •
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power; (b) Any law, ordinance or governmental
regulation relating to environmental protection; (c) Any law, ordinance or
governmental regulation (including but not limited to building or zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or prohibiting a
separat,ion in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was' a part; (d) The effect of any violation
of the matters excluded under (a), (b) or (c) above, unless notice of a defect,
lien or encumbrance resulting from a violation has been recorded at Date of
Policy in those records in which under state statutes deeds, mortgages,
judgment liens or lis pendens must be recorded in order to impart construc-
tive notice to purchasers of the land for value and without knowledge.
2. Rights of eminent domain unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created,
suffered, assumed or agreed to by the'insured clilimant, (b) nOl'known.to the-
Company and not shown by the public records-but known to-the insured
claimant either at Date of PolicY'or at the date'such claimant acquired ;:10·
estate or interest insured by this policy or acquired the insured-mortgage and
not disclosed in writing by the insured claimant to the Company,prior to the
date such insured claimant became an i'nsured hereunder,(c) resulting in no
loss or damage to the insured claimant, (d) attaching Of created subsequent
to Date of Policy (except to the extent insurance is afforded herein as-to any
statutory lien for labor or material or the extent insurance is afforded herein
as to assessments for street improvements,under construction or completed
at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of'the-
insured at date of policy or of any subsequent owner of the indebtedness tQ
comply with applicable "doing business" laws of the state in which tlie-Iand-
is situated.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to .the Exceptions in Schedule B, you are not insured against loss,
costs, attorneys' fees and expenses resulting from:
1. Governmenfal police power, and the existence or violation of any law
or government regulation. This includes building and zoning 5Jrdi-
nances and also li!-wS and regulations concerning:
• land use-
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations orthe 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 imhe public records
on the Policy Date
• the takins-happened prior to the Policy Date and is binding
on you if you bought the land without knowing of the taking
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys'
fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not
shown by the public records.
2. Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks.
3. Title Risks:
• that are created, allowed; or agreed to by you
• that are known to you, out not to us, on the PolicyDate -
unless they appeared in the public recqrds
• 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 fl_ of
Covered Title Risks .
4. Failure to pay value for your title.
5. Lack of a right: _
• to any land outside the area specifically dflscribed and
referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that-touch your-land.
This exclusion does not limitthe access coverage in:ltem 5 of Covered'
Title Risks.
3. Any facts about the land which a correct survey would disclose and-
which are not shown by the public records. This does not limit the
forced removal-coverage in Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in' or under the land;
whether or not shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-21-87)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy
and the Company will not pay loss or damage, costs, attorney's fees or expenses
which arise by reason of:
2. Rights of eminent domain unless notice of the exercise thereof has been
recorded in the public records .at Date of Policy, but ngt excludi[1g from
coverage any taking which has occurred priOriO Date of Policy whicb would
be binding on the rights of a purchaser for value without knowledge. 1. (a) Any law, ordinance or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, prohib-
iting 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 orany parcel of which the land isorwas 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.
T-911 (Rev. 12-88)
3. Defects, liens, encumbrances, adverse clail]1s, 'or other.matters:
(a) created, suffered, assumed or agreed to 9Y the insured claimant: .
(b) not known to the Company, not recorded in the public -records at Elate 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 forthe estatecr interest'insured by this policy.
The above policy forms may be issued to afford either Standard Coverage or
Extended Coverage. In addition to the above Exclusions from Coverage, ,the
Exceptions from Coverage in a Standard Coverage policy will also include the
following General Exceptions:
I) • EXHIBIT A • (CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1~91J
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorney's 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 orwas a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental
r~u lations, 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
remrds 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 re<:orded 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 notdisclosed in writing
to the Company by the insured claimapt prior to the date the--insured
claimant becaine 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.witli 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 evidenc~d by the
insured mortgage and is based upon usury or any consumer credit
protection or truth in lending'law.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the rec-
ords 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 assess-
ments, 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.
PART 1 3. Easements, liens or encumbrances, or claims thereaf, which_ are not
shown by the public records. .
4. Discrepancies, conflicts in boundary lines, shonage in area, e!1croach-
ments, or any other facts which a correct survey would disclose, i;lnd
which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in pate!1ts
or in Acts authorizing the issuance thereof; (c) water rights, claims'or title
to water, whether or not the matters excepted-under (a), (b), or (c) are
shown by the public records. -
6. ~ny claim, which arises out of the transaction creating the
Interest of. the ,!!ortgagee insured by' this policy, byreasoll 9f
the operation oriederal bankruptcy, s,tate insolvency; or similar
creditors' rights laws. '
AMERICAN LAND TITLE ASSOCIATION LOAN POLlCYI(4-6-90)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage costs attorney's fees
or expenses which arise by reason of: "
1. (~) ~ny law, o~di~ance or governmental regulation (including but not hmlt~d. to bUlI.dl.n.g and zo.ning I.aws, ordinances, or regulations)
restnctlng, p!.Qhlbltlng or relatl.ng to (I) the occupancy, use, or enjoyment
ofthe land; (II) the character, dimensions or location of any improvement
now or h~reafter:erect~d 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 I~nd i~ or was a part; or (iv) ~nvironmental protection, orthe effect of any
VIOlation of these laws,,?rdlnances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a d~fec!, 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 n?t excluded by (a) above, except
to the extent that a notice of the exerCise thereof or a notice of a defect
lien C?r encumbrance reSUlting from a violation, or alleged violatio~
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 an~ ta~ing which h~s occurred prior to Date of Policy which
would be binding on the nghts 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, n?t 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 becilme an insured under this policy;
(c) resulting in 'no loss or damage to the insured claimant;.
(d) attaching or created subseQ!1ent to Date of Policy, or
(e) resulting in loss or damage which wO,uld not have been sustained if
the insured claimant had paid value 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 Dateaf Policy, or the inability ,or failu~e of any. subse9uent owner of the indebtedness, to cpmpJy with
apphcable dOing bUSiness laws of the state in which the land is'situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or
~Iaim thereof, which ar.ises 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 lie~ for service~. labor or materials '(or the claim of priority
of any statutory hen for serVices, labor or materials over the lien of the
insured mortgage) arising from an improvement orworkTelated to,the
land which is contracted for and commenced subsequent to Date of
Policy apd 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. '
7. Any claim, which arises out of the transa:ction creating the interest of
the mortgagee ins~red by this policy, by reason of the operation of federal
bankruptcy, state Insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage
or Extende? Coverage. In addition to the above, Exclusions from Coverage,
!he Exceptions fro!l1 Coverage in i;l Standard Coverage policy will also
Include the follOWing General Exceptions: '
• •
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (+6-90)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's 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, prohib-iting 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 ofthe 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 enforcementthereof 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.
T-911-90 (Rev. 1-91)
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 sul1sequent to Date of Policy, or
(e) resulting in loss or dam"ge which would ,not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4.. Any ~Iaim, which arises out of the transaction creating the interest of
the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or
Extended Coverage. In addition to the above Exclusions from Coverage, the
Exceptions from Coverage in " Standard Coverage policy will also inClude the following General Exceptions:
.. '
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FIDELITY NATIONAL TITLE INSURANCE COMPANY
2763 Camino Del Rio South Phone(619) 29,5;. 73~2
San Diego, California 92108 North County 748-4110
P.O. Box 85589,S.D., CA 92186-5589 727-1852 & 753-6321
ALGERT ENGINEERING
428 Broadway
(AMENDED)
PRELIMINARY REPORT
Yo~r No.
Chula Vista, California 92010 Our Number 9t00722-SM,
Date: December 26, 19.91
Attention: Hossein Zomorrodi
In response to the application for a policy of title insurance referenced
herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a Policy ot
Policies or Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustaine,d by
reason of any defect, lien or encumbrance not shown or r.eferred to as an'
Exception herein or not exclude from coverage pursuant to the printed Schedules, ,
Conditions and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy' or'
Policies are set forth in Exhibit A attached. Copies of the Policy forms should
be read. They are available from the office that issued this report.
This report (and any supplements or amendments hereto) is issued solely for
the purpose of facilitating the issuance for a Policy or Policies 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 Btnder or
Commitment should be requested. '
The form of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE POLICY-1990
CLTA Owners JP Loan Policy Binder
ALTA LOAN POLICY (4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE'
ALTA Loan Policy ALTA-R ALTA Extended Owners
Dated as of December 19, 1991 at 7:30 A.M.
MARTINE CARDIN-ALLEN
Subdivision Title Officer/kms
Page 1
FORM T-9llA -Page 1 -(Rev. 2-91)
PRELIMINARY REPORT
PAGE NO. 2
ORDER NO. 9100722-SM
The estate or interest in the land hereinafter described or referred to cover.ed
by this Report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
HOSSEIN ZOMORRODI, a married man, as his sole and separate property
NOTE: It is our understanding that title to said estate or interest in said
policy is to be vested in:
The land referred to in this report is described as follows:
Lots 399, 400 and 401 of lA COSTA SOUTH UNIT NO.5, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 6.600,
filed in the Office of the County Recorder of San Diego County, March 10, 1970.
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as hereinafter shown.
1. General and special taxes, the first installment now due and payable., the
second installment now payable, for the fiscal year 1991-92.
2. Delinquent general and special taxes for the fiscal year(s) 1990-91, and
subsequent delinquencies. Amount necessary to redeem if paid during the month
of January 1992, $4,056.85, and February 1992, $4,106.91.
Affects Assessor's Parcel No. 216-300-04.
3. Delinquent general and special taxes for the fiscal year(s) 1990-91, and
subsequent delinquencies. Amount necessary to redeem if paid during the ~onth
of January 1992, $4,402.00, and February 1992, $4,456.36.
Affects Assessor's Parcel No. 216-300-05.
4. Delinquent general and special taxes for the fiscal year(s) 1990-91, and
subsequent delinquencies. Amount necessary to redeem if paid during the month
of January 1992, $3,945.69, and February 1992, $3,994.37.
Affects Assessor's Parcel No. 216-300-06.
PRELIMINARY REPORT
PAGE NO. 3
ORDER NO. 9100722-SM
5. :The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California.
6. Covenants, conditions and restrictions, but deleting restrictions, if any,
based upon, race, color, or national origin, as contained in instrument recorded
March 10, 1970 as File No. 43138 of Official Records.
7~ -An easement for allowing an existing encroachment by a concrete driveway
to continue to exist and purposes incidental thereto, in favor of La CostaVist~
Associates, a limited partnership, recorded April 25, 1979 as File No. 79-170169
of Official Records.
Affects at the Southern boundry of Lot 401 of the La Costa. South Unit No,.
5, according to the Map thereof No. 6600, filed in the Office of the County
RecQrder of San Diego County on March 10, 1970. The easement over s~id property
is 4'10" wide and 112 feet long totaling 537 square feet.
Reference is 'hereby made to said document for full particulars.
8. A Deed of Trust to secure an indebtedness of $153,333.00, recorded
December 8, 1989 as File No. 89-664631 of Official Records.
Dated:
Trustor:
Trustee:
B-eneficiary:
August 25, 1989
HOSSEIN ZOMORRODI, a married m~n, as his sole ,and separate
property
MISSION VALLEY ESCROW, a California corporation
STANLEY P. MILLAN, a married man, as his sole and separate
property
The amount due, terms and conditions of said indebtedness -should be
determined by contacting the owner of the debt.
Affects Lot 399.
9. A Deed of Trust to secure an indebtedness of $153,333.00, recorded
December 8, 1989 as File No. 89-664632 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
August 25, 1989
HOSSEIN ZOMORRODI, a married m~n, as his sole and separate
property
MISSION VALLEY ESCROW, a California corporation
STANLEY P. MILLAN, a married man, as his sole and separate
property
The amount due, terms and conditions of said indebtedness ,should be
determined by contacting the owner of the debt.
Affects Lot 400.
PRELIMINARY REPORT
PAGE NO. 4
ORDER NO. 9l00722-SM
10. A Deed of Trust to secure an indebtedness of $153,333.00, :r;ecord~d
December 8, 1989 as File No. 89-664633 of Official Records.
Dated:
Trustor: .
Trustee:
Beneficiary:
August 25, 1989
HOSSEIN ZOMORRODI, a married man, as his sole and separate
property
MISSION VALLEY ESCROW, a California corporation
STANLEY P. MILLAN, a married man, as his sole and separate
property
The amount due, terms and conditions of said indebtedness· shou1<;l be
determined by contacting the owner of the debt.
Affects Lot 401.
11. An Agreement to which reference is hereby made for full particulars,
regarding the Payment of a Public Facilities Fee, recorded May 7, 1991 as file
No. 91-0211789 of Official Records.
1991-92 TAX INFORMATION:
Code Area: 9046
Parcel No. 216-300-04
1st Installment: $1,256.91 DELINQUENT, Penalty $125.69
2nd Installment: $1,256.91 OPEN
Based on Land: $224,400.00
Code Area: 9046
Parcel No. 216-300-05
1st Installment: $1,366.78 DELINQUENT, Penalty $136.68
2nd Installment: $1,366.78 OPEN
Based on Land: $244,800.00
Code Area: 9046
Parcel No. 216-300-06
1st Installment: $1,223.94 DELINQUENT, Penalty $122.39
2nd Installment: $1,223.94 OPEN
Based on Land: $218,280.00
EXHIBIT A
. > AMERICAN LAND TiTlE ASSOCIATION LOAN POLICY -1970
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
~'he following matters are expressly excluded from the coverage of this policy;
1. (a) Governmental police p<l\ver; (b) Any law, ordinance or governmental regulation relating
to environmental protection; (c) Any law. ordinance or governmental regulatIon (,"cluding
but not limited to building or zoning ordinances) restricting or regulating or prohibiting
the occupancy, use or enjoyment of the land, or regulating the character. dimensions
or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a change jn the dimensions or area of the land or any parcel
of which the land is or was a part; (d) The effect of any violation of the matters excluded
under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from
a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, judgment liens or lis pendens must be recorded in order to
impart constructive notice to purchasers of the land for value and without knowledge.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered,
assumed or agreed to by the insured claimant, (b) not known to the Company and. not
shown by the public records but known to the insured claimant either at Date of Policy
or at the date such claimant acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured daimant to·the Company
prior to the date such insured claimant became an insured hereunder. (c) resulting in no loss or damage to the insured claimmant, (d) attaching or created subsequent to Date
of Policy (except to the extent insurance is afforded herein as to any statutory lien for
labor or material or the extent insurance is afflJrded herein as to assessments for street
improvements under constructIon or coimpleted at Date of Policy).
4. Unenforceability oJ the lien of the insured mortgage because of failure of the insured
at date of policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
AMERICAN LAND TITlE ASSOCIATION
RESIDENTIAL TiTlE INSURANCE POLICY (6-1-87) EXClUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's
fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government
regulation. This includes building and zoning ordinances and also laws and regulations concerning:
• land use
• 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 knowledge 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 specifically described and referred to in Item 3 of
Schedule A
or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item.5 of Covered Title Risks.
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the
expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not shown by the
public records.
2. Any easements or liens not shown by the public records. This does not limit the lien
coverage in Item 8 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown
by the public records. This does not limit the forced removal coverage in Item 12 of Covered
Title Risks. •
4. Any water rights or claims or title to water in or under the land, whether or not shown
by the public records.
AMERICAN LAND TITlE ASSOCIATION OWNER'S POLICY (10-21-87)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which ari.se by reason of:
1. (a) Any law, ordinance .or governmental regulation (including but not limited to building
and zoning laws, ordinances, or regulations) restricting, 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 '",ould 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 va!l1e for the estate or interest insured by this policy.
AMERICAN LAND TiTlE ASSOCIATION LOAN POLICY (10-21-87)
WITH A.l.T.A. ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXClUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited t01JUilding
and zoning laws, ordinances, or regulations) restricting, 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
.D~cl~~ .
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:
, T-9UA
(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 undenhis 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.
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.
EXHIBIT A
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded irom the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to builPing
and zoning laws, ordinances, or regulations) restricting, 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 ereded on the land; (iii) a separation in ownership
,Or a change in the dimensions or area o~ the land or any parcel of which the land is ,Or
was a part; or (iv) environmental protedion, ,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 defeo, lien or encumbrance resulting from a vi.olati.on
or alleged violation affecting the land has been rec.orded in the public records at Date of Policy.
(b) Any governmental police ,power n.ot ~Iuded by (a) above, except to the extent that a notice.of the exercise thereof or a notice oi 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 oi the exercise thereof has been recorded in the public rec.ords at Date of Policy, but not excluding from coverage any taking, which has occurred pri.or to Date of P.olicy which "auld 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 insureq claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been slfstained if the insured claimant
had paid value for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured m,Ortgage 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 transadionevidenced by the insured mortgage and is based upon unsury or any consumer credit protection or truth in lending I'!W.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction c;reating tlie interest of the insured lender, by reason oftheoperation offederal bankruptcy, state insolvency, orsimilarcreditors' rights laws.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy d.oes not insure against loss ,Or damage (and the C.ompany will n.ot pay costs, attorney's fees ,Or expenses) which arise by reason 'of:
. ~1
1. Taxes or assessments which are n.ot shown as existing liens by the records of any taxing auth.ority that levies taxes or assessments on real property ,Or by the public rec.ords. Proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not-sh.own by the records of such agency or by the public rec.ords.
3. Easements, liens or encunlbrances,.or claims thereof, which are n.ot shown by the public
rec.ords. '. 4. Discrepancies, c.onflids in, boundary lines, sh.ortage in area, encr.oachments, ,Or any 'other fads which a c.orrect survey would discl.ose, and wllich are n.ot sh(7Nn by the public rec.ords. 5. (a) Unpatented mining claims; (b) reservati.ons ,Or excepti.ons in patents or in Ads authoirizing the issuance there.of; (c) water rights, claims ,Or title to water, whether or n.ot the matters excepted under (a), (b), ,Or (c) are shown by the public records. 2. Any fads, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection oi the land ,Or which may be asserted by persons in possession thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage.of this policy and the C.ompany b) n.ot known to the C.ompany, n.ot recorded in the public records at Date of Policy, but
will not pay loss ,Or damage, costs, att.orne')'s fees ,Or expenses which arise by reas.on 'of: known to the insured claimant and not discl.osed in writing t.o the Company by the insured
1. (a) Any law, ordinance.or governmental regulati.on (including but n.ot limited to building claimant pri.or t.o the date the insured claimant became an insured under this policy;
and z.oning laws, 'ordinances, or regulati.ons) restricting, pr.ohibiting ,Or relating t.o (i) the (e) resulting in no l.oss ,Or pamage t.o the insured claimant; occupancy, use, ,Or enjoyment ,Of the land; (ii) the character, dimensi.ons ,Or l.ocati.on of (d) attaching ,Or created subsequent t.o Date ,Of P.olicy, ,Or
any improvement now ,Or hereafter ereded ,On the land; (iii) a separation in 'ownership (e) resulting in l.oss.or damage which would n.ot have been sustained if the insured claimant
,Or a change in the dimensions ,Or area of the land ,Or any parcel ,Of which the land is had paid value f.or the estate ,Or interest insured by this p.olicy.
,Or was a part; ,Or (iv) environmental pr.otecti.on, ,Or the effect ,Of any vi.olati.on ,Of these 4. Unenforceability.of the lief! ,Of the insured mortgage because ,Of the inability ,Or failure
laws, ordinances or governmental regulati.ons, except to the extent that a notice of the ,Of the insured at Date of P.olicy, ,Or the inability ,Or failure of any subsequent owner of
enf.orcement thereof or a n.otice.of a defeo. lien ,Or encumbrance resUlting from a vi.olati.on the indebtedness, t.o c.omply with applicable d.oing business laws of the state in which
,Or alleged vi.olati.on affedinE, the land has been rec.orded in the public rec.ords at Date the land is situated., '
of P.olicy. 5. Invalidity.or unenf.orceability.of the lien of the insured mortgage, ,Or claim thereof, which
(b) Any g.overnmental p.olice power n.ot excluded by (a) above, except t.o the extent that arises .out.of the transacti.on evidenced by the insured m.ortgage, and is based upon-usury
a n.otice ,Of the exercise there.of ,Or a notice ,Of a defed, lien ,Or encumbrance resulting or any consumer credit protection or twth in lending law.
fr.om a vi.olation, ,Or alleged vi.olati.on affecting the land has been recorded in the public 6. Any statutory lien for services, labor.or materials (,Or the claim of priority.of any statut.ory
records at Date ,Of Policy. lien f.or services, lab.or or materials ,Over the lien of the insured m.ortgage) arising from
2. Rights.of eminent d.omain unless n.otice ,Of the exercise there.of has been rec.orded in an improvement ,Or w.ork related t.o the land which is c.ontraded f.or and commenced
the public rec.ords at Date of Policy, but n.ot excluding fr.om c.overage any taking which subsequent t.o Date ,Of P.olic;y and is n.ot financed in wh.ole or in part by proceeds ,Of the
has ,Occurred prior t.o Date of P.olicy which w.ould be binding.on the rights.of a purchaser indebtedness secured by tne insured m.ortgage which at Date ,Of Policy the insured has
for value without kn.owledge. advanced or is 'obligated to advance.
3. Defects, liens, encumbrances, adverse claims, or other matters: 7. Any claim, which arises 'out of the transacti.on creating the interest of the mortgagee insured
(a) created, suffered, assumed ,Or agreed t.o by the insured claimant: by this policy, by reason of the .operati.on ,Of federal bankruptcy, state ins.olvency, ,Or similar
credit.ors' rights laws.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage.of this policy and the C.ompany has ,Occurred pri.or to Date.of P.olicy which w.ould be binding.on the rights of a purchaser
will n.ot·pay l.oss or damage, costs, att.orney's fees ,Or expenses which arise by reas.on 'of: f.or value with.out knowledge.
1. (a) Any law, .ordinance.or g.overnmental regulati.on (including but n.ot limited t.o building 3. Defects, liens, encumbrances, adverse claims, ,Or 'other matters: and z.oning laws, 'ordinances, ,Or regulations) restricting, pr.ohibiting.or relating to (i). the (a) created, suffered, assumed ,Or agreed i.o by the insured claimant:
'occupancy, use, ,Or enjoyment ,Of the land; (ii) the character, dimensi.ons or locati.on ,Of (b) n.ot kn.own t.o the C.ompany, n.ot rec.orded in the public records at Date of Policy, but
any improvement now or hereafter erected on the land; (iii) a separati.on in ownership known t.o the insured claimant and not disclosed in writing t.o the Company by the insured ,Or a change in the dimensions or area ,Of the land ,Or any parcel ,Of which the land is claimant pri.or t.o the date 'the insured claimant became an insured under this policy; ,Or was a part; or (iv) envir.onmental protecti.on, ,Or the effect ,Of any vi.olati.on of these (c) resulting in n.o l.oss or damage t.o the insured claimant; laws, 'ordinances ,Or governmental regulati.ons, except t.o the extent that a n.otice ,Of the (d) attaching ,Or created subsequent t.o Date of Policy, ,Or enforcement thereof ,Or a n.otice of a defeo, lien ,Or encumbrance resUlting from a vi.olati.on (e) resulting in loss or damage which would not have been sustained if the insured claimant or alleged violation affecting the land has been rec.orded in the public rec.ords at Date had !>aid value f.or the est~te or interest insured by this policy. ,Of P.olicy. 4. Any claim, which arises ,Out bf the transadi.on creating the interest of the m.ortgagee insured (b) Any g.overnmental p.olice power n.ot excluded by (a) above, except to the extent that by this policy, by reason.of the operation.of federal bankruptcy, state ins.olvency, ,Or similar a n.otice ,Of the exercise thereof ,Or a notice of a defect, lien ,Or encumbrance resulting credit.ors' rights laws. ' fr.om a vi.olati.on or alleged vi.olati.on affecting the land has been rec.orded in the f'lublic rec.ords at Date of Policy. 2. Rights.of eminent domain unless n.otice ,Of the exercise there.of has been rec.orded in the public rec.ords at Date.of P.olicy, but n.ot excluding fr.om c.overage any taking, which
The db.ove ALTA p.olicy f.orms may be issued t.o aff.ord either Standard C.overage.or Extended
C.overage. In additi.on t.o the above Exclusi.ons fr.om C.overage, the Excepti.ons from ~overage
in a Standard C.overage policy will als.o include the f.oll.owing General Excepti.ons:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy d.oes n.ot insure against l.oss ,Or damage (and the C.ompany will n.ot pay c.osts, att.orney's fees ,Or expenses) which arise qy reas.on 'of:
1. Taxes.or assessments which are n.ot sh.own as existing liens by the records ,Of any taxing auth.ority that levies taxes ,Or assessments ,On real pr.operty or by the public rec.ords. Proceedings by a public agency which may result in taxes ,Or a~sessments, ,Or n.otices
,Of such proceedings, whether.or not shown by the rec.ords of such agency ,Or by the pUblic rec.ords.
2. Any fads, rights, interests or claims which are n.ot shown by the public records but which: ~ould be a.scertained by an inspecti.on ,Of the land ,Or which may be asserted by pers.ons '
In posseSSl.on thereof.
PART 1
3. Easements, liens.or encumbrances • .or claims thereof, which are n.ot sh.own by the public rec.ords.
4. Discrepancies, c.onflicts in boundary lines, sh.ortage in area, encr.oachments, or any 'other
facts which a c.orrect survey W.ould 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
authoirizing the issuance thereof; (c) water rights, claims or title t.o water, whether ,Or n.ot the matters excepted under (a), (b), or (c) are shown by the public rec.ords.
, ._/
aTY OF' CARLSBAD
1200 CARLSBAD VILLAGE DAiVECARLSBAD, CALIFOFNA 92808
438-5621
ACCOUNT NO. DESCRIPTION AMOUNT
7199 041
:i,.' .~EIPT NO. . TOtM. .. ,j/ ... :U.: ,,:;,:, •• ' .,&itt*~_: ..... ,."" .. " ..... ~ .. "~" .... :~,.,·.; ... ,~,;.ili"'N..:~i,.b_:.i;;.,.;ci.""·~;·,.,;";~.";:.:~L,"',:,;.;;J~,,_:lli~m..i.i.;~,~l~~,~""; .. ":.'"..;;.~~~~"""'i :iii.i.j: ,<,;~t !~"~\:i;~~; •· .. Iiii· •. 1Il\ii" ifJiiO' ••. ~
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• CITY OF CARLSBAD 6 \ [R-I 4 (
1200 CARLSaAD~LLAGE DRIVE CARLSBAD, C1[IFORNIA 92008
438-5621
, 1624 03/2B/91 REC'DFROM __ ~~~~~~~~~~ ____ ~ _______ '~ __ DATEr'-=C~~~==~_
.. </
\ ACCOUNT NO.
RECEIPT NO. 3500
AMOUNT
(10
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, ,. A CITY OF CARLSBAD .• '.
1200 ELM ~ENUE 'elFlt.$lAD, CALIFORNIA_. 4SN821 ,"
ACCOUNT NO. DEBCRIPTION AMOUNT
,
. A CITY OF CARLSBAD •
1'200 ELM WENUE CARLSBAD, CALIFO ,IA ,92008' G -Z<.-?o
438·5621 R t ~ ~ \~ ~V\Q.MJ
REC'D FROM_--,7~"-=:;"'A"L.....,,()=---,-2=--:._, -\::~~-'-":&:~(t-r/O~' U",,-' -..,-______ DATE if -/ f -57 c) O!r:tt= /17 I = I
ACCOUNT NO~ DESCRIPTION AMOUNT
'70'-J;O-·OO£)O ~.?J?// //:?rr ;; 'kit ,&.( .r-<P,A..
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61'73 06/1B/9( . 0001 01 05 I
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RECEIPT NO. TOTAL, /DO lou
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~-~ PLEASE NOTE:
Tli!1e ltmits on-the prb~essirigof disctetion~ryprojec::ts ~stablished bystate>law-
do not start untn a project applic;ation is de,emed complete by the ci,ty.the
City hq-s 30 calendar ,days from the date, of appl kat.ion submi.tUl to d~terl)1,i~ne
whether an appHcati-on is .complete o,t incomplete. Within 30 days of su:pmi:ttal
of th-i s app lj c:~t fon you_ wi 11 reCE!'l V-'~ a 1 etter stati ng whether th-i s qpplkati on,
is complete or incomplete. If i.t is -i ncomp 1 ete, the letter~will state what is
needed, to make thi-S a_ppl i cat i o.il complete. When theapp 1 i c_at'i on is' camp 1 ete, the_
',processing peri'ad will start ,-.QA-t~a:; of th-ecomp'-letion letter. '
pate:
To be stapled with receipt to application
Copy for file
. . • •
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad MuniCipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i. e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (SO) 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 al/ of the applications.
Signature
Name (Print)
FORM: PLANNING 37. REVISED 3/80
Relationship to Application
(Property Owner-Agent)
~ mLLSIDE DEVELOPMENT PERMIT
INFORMATION SHEET
GENERAL INFORMATION
" '
This sheet generally explains how your Hillside Development Permit (HDP) will be
processed. If you have any questions after reading this, please call Development Processing counter
at 438-1161 or review Chapter 21.95 of the Carlsbad's Municipal Code.
t ~:_
When a Hillside Development PermiHs needed: . ' "
A Hillside Development Permit (HDP) is required when development is proposed on land
with a slope gradient of 15% or greater and a slope height of greater than 15 feet. Development
means building, grading, subdivision ~r other modification of a hillside area.
~ j , '/
It is highly recommended that ~ou,' as an applicant, 1) review Chapter 21.95 and Chapter
11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading) and 2)
discuss the Hillside Development with a City Planner before submitting'an application for a Hillside'
Development Permit. The Hillside Development Permit should be submitted concurrently with any
permit or application for development of a Hillside area.
How your Hillside Development Permit will be Processed
Generally the steps involved in reviewing your HDP application are as follows:
1.
, "
A Hillside Development Permit application is submitted to the Development
Processing counter at 2075 Las Palmas Drive. The application must be submitted
with and reference any other permit application such as a building or grading permit,
tentative map, etc. All maps submitted shall be folded to 8-1/2" x 11". Information
items required: :::
(a) A completed Hillside Development Permit Application
Form '.
(b) ,. Four copies of the slope analysis -Include north
arrow and scale' (see Section 21.95.020 of Carlsbad's
Municipal Code)
Acres .%
Identify slopes 1. o to less than 15% slope D D
2. 15% to less than 25% slope tJ D
3. 25% to less than 40% slope D 0
4. 40% or greater slopes D 0
TOTAL 100%
10/89
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% Slope = Vertical Distance x Countour Interval
Horizontal Distance
(Distance between contour intervals)
x 100
(c) , Four copies of the slope profile(s) -Include vertical and horizontal scale .
. ;
(d)' Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape· architect, civil engineer or land surveyor indicating the datum,
source and scale: of topographic data used in the slope. analysis and slope
1 ',.; profiles, and atte~ting to the fact that the slope analysis and slope profiles
. ,-If.-·; have been accur~tely calculated and identified.
(e)
" .
, .
Show with a site plan, grading plan and building plans
and elevations hqw development fulfills the following
. Hillside . Development and Design Standards
_ (21.95.060) Submit four (4) sets of each plan.
. .. ., 1. Coastal Zone Requirements (if applicable)
Contour grading 2.
3.
4.
5.
6.
7. s:
9.
Area or extent of grading
Screening graded slopes
View preservation and enhancement
Roadway design
HilIsiqe architecture
Hilltop architecture
_() 10.
Hillside drainage
Man-made slope height and volume of grading cut or Jill. Volume
of earth moved for cuts and fills shall be minimized. The i<ir~r
volume of the total cut or total fill volumes divided by the total area
in acres that is cut and filled (that is graded) shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
need tv f({;l/id~
+he VO/tlv»e ~
hd\Sl4er f1rad/~
Co-cufatfoV\,
C) tJ iii J... t.S'I.e1£
A :J /'l.~k """",,fJ.y{lf t: ;VII'QJ U
stt-trri}
Cubic Yards of-Cut or Fill
Grading per Acre of
Cut and Fill Area (in Acres)
° -7,999 :Cubic yds./acre
8,000 -10,000 Cubic yds./acre
> 10,000 cubic yds./acre
-2-
Relative Sensitivity of
Hillside Grading_ Volume
Acceptable
Potentially acceptable
Unacceptable
,
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o DISTRICT OFFICE
101 S: Rancho Santa Fe Road
Encinitas, CA 92024·4308
(619) 944·4300
FAX (619) 942·1094
o CAPRI SCHOOL
941 Capri Road
Enclnltas, CA 92024
944·4360
Owen O'Connor
PrIncipal
o FLORA VISTA
1690 W.nderinll ~d
Encinitas, CA 92024
944-4329
N.ney Cunningham, Ed.D.
Principal
o LA COSTA HEIGHTS
3035 Levante Stn:et
CarIsbnd, CA 92009
944-4315
Emily Andrade
Principal
C MISSION ESTANCIA
3330 Calle Barcelona
Carlsb.d, CA 92009
943·2004
Tim Reeve
Principal
o OCEAN KNOLL
910 Melbn Road
Encinitas, CA 92024
944-4351
'-. ~ .• ---'Raymond-O'Toole, Ph:n--
PrIncipal
o PACIFIC VIEW
608 third Street
EnclnU .. , CA 92024
944-4339
Lormlne Boyle
Principal
o PARK DALE LANE
2050 Park Dale Lone
Enclnltns, CA 92024
-944-4344
Bruce DeMUchell
PrInclp.1
o PAUL ECKE CENTRAL
185 Union Street
Encinitas, CA 92024
944-4323
Jen: Mclnemey, Ph.D
Principal
• • ENCINITAS UNION SCHOOL DISTRICT
D~te: April '20, 1992
State of California
Department of Real Estate
107 South Broadway, Room 7111
Los Angeles, CA 90012
TO WHOM ,IT MAY CONCERN:
In compliance with Assembly Bill 181:
Development: La Costa Fairway Villas
LQcation: APN # 216-300, 04, 05, 06
School Site: La Costa Heights
3035 Levante
Carlsbad, CA 92009
Grades Serveq: Kindergarten Through Grade 6
ADA: 629
BOARD OF TRUSTEES
TraeyCascy
Mary 10 Nortman
Catherine ReIIan
VanRUey
H. J. wailcer
SUPERINTENDENT
Dolllld E. Undstrom. Ed,D.
ASSISTANT SUPSRIHTENDENT I
INSTRUCTION
GrqRyan
ASSISTANT SUPERINTENDENTI
PERSONNEL
KayNQIth
Number of Students Generated: Square foot not available
Approximate Distance fro~ Project: 1 mile
Busing: x Yes No
District requirements (Per Government Code 53080, or
--Sec-tion -65970), if any, will be i-mpo-sed-by the s'c-hoo-]:--
district prior to issuance of building permit.
Should you have any additional question, please contact
me at 944-4300, Extension 115.
Since:rely,
DONALD E. LINDSTROM, Ed.D.
SUPERINTENDEN ..
-
rederick
r of Faciliti s
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