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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: .. ' " ~ ,'.'0 .' '7 :~' i ';! .•. f ,"'r-. ; ........ ~,. L 1 , l ~ ......... f .:,........, ':Z , ..... ~ " . " J . ' .. ;~ .. ,ifJ. 0 , :'W ' i .. ;& C 'ON '-0 " ~ " .(,), (',', ' \ \'y \.J (i \ l' ) \ ' f\, ~, 'I', '\> UINI ~ I .. -''"." ... ., ' .. ' . t. j. : \ , I t " . ....: - ) 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' ••. ~ I I I I I .I I I I' i I' I • 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 I I 1- I 1--- 1 1 I 1 , ,. 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.. I . ) /ot"Jlo{.) , I I I I 61'73 06/1B/9( . 0001 01 05 I I ~ Mise 1p6"OO I I I .I I, : I I I . I I I I 98776 I RECEIPT NO. TOTAL, /DO lou .I ,\ .;~~N· '-> .. "5;; ':;''iC'.' t'"" -","I "" ~-~ 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 " I , '. 'i I I t' I \) , ;--:-'." . --. -----.---, -----r- ':1:~;; ~, I • % 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 , ; .t , ., 1: i! J ;1 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 dl . ' I I I ~. 7'0 ,~ I ~I 1+-i I --..) - I I 1 , ,. \4 .. -... Cllff-S· ftNCr, .~ ......