HomeMy WebLinkAboutCT 97-10; POINSETTIA PROP MASTER TENTATIVE; Engineering Applicationcrr4t= CAR~SBAD ,_ ENGINEERING DE.MENT
APPLICATION -
FOR ENGINEERING PLAN CHECK OR PROCESSING
Complete all appropriate information. Write N/A when not applicable.
: PROJECT NAME: Po, N se:,,• A-1~0i?f::R,, E>:;.. f'::/(4~z:ee.., TN\. DATE:
PROJECT DESCRIPTION: .Sue>D, vi ~rt9N ,VJ4:P _ ,c, ci1.E:-A-,-p= S-
PF:\!& o?-4!'3 t-F L-e5T:::::, _ _
PROJECT ADD~ES~: ,N. pl=-· _ Po, ~,--ru~,.....-L.4pJ'E.., \.ve,r PE:Avey,p4 Eve,,,y4_;;
LOT NO(S).: .5~1~; 29 MAP NO.: Tl:2.S ,, KL..t-w' APN(S).: ;2 Jl+-Lt,5O -1.s-
_-NO. 0~ DWELLING UNITS: ¥-~FMP ZONE:: 22 # LOTS: ·5 #-ACRES: 55": (p 7
OWNER: H L M CH. l-. . APPLICANT: I p I,. Cit:.
Mailing Address: S:os.::f Avav, ,46 .favCt N4:> 'l=t'?:I Mailing Address: SOSS A~ ,vA-t=:Ns:fN:4$*l::;21 o
.. '· UftL::;a,41)1 C4 9').a::il -~?BA.12. CA 9'JJ;:x;B
Phone Number: (7fl?) <;-"2,,3 -<;?4-77 Phone Number: (7&,o) L .. (?,~-~;')
I certify that I am th_e legal owner and that all the above
information is true arid correct to the best of my knowledge.
Signatur~ Date ;»/, / 'i 5-_ Signature~~<:. Date ) ( 1 l , C\
-CIVIL ENGINEER:T,;:;.\ ~'<.
Firm: o\DA-::t C:0H2'.2ktAHT'5
SOILS ENGINEER: 1'J /4 ....... .....,., ""'· --------
Mailing·Address: SC/CO VA-~7'§..?)~ Gr-_ ~ct)
C,4,.).,<---~Ml). CA: 92:-C08
Phone Number: (?{p) 9'3>£ -· 77c;:.6
State Registration Number:
Firm:
Mailing Address:
Phone Number:
State Registration Number: ---------
I . . LANDSCAPE ARCHITECT: ADDITIONAL COMMENTS:
Firm:
Mailing Address:
. .
Phone Number:
State Registration Number:
IMPROVEMENT VALUATION
1. What water d' reject located in (circle one)?
arlsbad Municipal Water District Olivenhain Vallecitos
· 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water.improvements (if applicable)?
3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad
Municipal Water District only), street, public (median) landscape and irrigation, and
drainage improvements (if applicable)? ·
4. What is the total cost of landscape and irrigation improvements on private property (if
applicable)?
GRADING QUANTITIES
$-1!/4--
$ N/4
$ ~/4
I-
cut ~/4. cy fill ¢ cy remedial _ a,5 cy import/export e cy --,---
DOCS/MISFQflMSiAPPLICATION ENG PLA~CHECK OR PROCESSING REV. 6/10197
--FOR CITY. USS ONLY i I
' APPLICATION FOR: Plan check· Drawing Deposit/Fees I
(./ all that apply) Number Type · Number ProiecttD. Paid ! i
Q Adiustment Plat AOJP
Q Certificate of Comoliance CCC
Q Dedication of Easement DOE
Type:
Type:
Cl Encroachment Permit ·ENCROACH ' 1,,.;llt; j
Q Enaineerina Standards Variance ESV \!:;(?'i'
DY'Final Mao FM F/L-t.'i'?-10 Cf4'7-10 t/7 6V. q'o v . GRPC Q Grading Plancheck
Q Gradina GRADING
· Cl lmorovement Plancheck IPC I . ... ~· . ., • .<
/Q-!Landscaoe Planch.eci ~ · ··· 1
.J) ~·
I ' '. LPC
Cl Parcel Mao · PM
Q Quitclaim of Easement QUITC
Type:
Type:
Q Reversion to Acreage RTA
0 Street Vacation \ SiV
Cl Tentative Parcel Mao MS
Cl Certificate of Correction CCOR
Cl Covenant for Easement COVE
Cl Substantial Conformance Exhibit see
APPLICATION ACCEPTE~) ~-~ ~ I,.,
, MASTER PROJECT ID: ,)
RECEIPT NUMBER: RECEIVED
· . PRELIMINARY SIERRA SYSTEM INPUT INITIAL:
MAR O 5 1999
SIERRA SYSTEM INPUT INITIAL: ENGINEERING
R:BASE INPUT INITIAL: DEPARTMENT
MASTER FILE NUMBER: F
Cl OTHER: DATE STAMP
APPLICATION. RECEIVED
l;JOCS/MISFORMS/APPLICATION ENG-PLANCHECK OR PROCESSING REV. 6/10/97
•• ....
PROJECT PLAN REVIEW COMPLETION
The following project plan have been reviewed and are recommended for approval:
ProjectNameJtiw\:ulha ~. PA d, ~ 1 t/ ~J~
Project No.: CT °l 1 -l 0
Dwg. No.: __ ~ __ B ___ [)_.--_4_!\: ___________________ _
Sheets No.: ________ l ____ through ___ 'S ___________ _
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the plan review ofthjs project as ·
defined in Section 8703 of the Business and Professions Code to determine that the plans are
found to be in substantial compliance with applicable. codes and standards.
Plan review of these project drawings does not relieve the Engineer of Work.of the
responsibilities with state and local ordinances.
Helming Engineering Co., Inc.
5962 La Place Court, Suite 245
Carlsbad, CA 92008
(760) 431-5999
Douglas L. Helming, RCE 23874
Expiration Date 12/31/01
Date LZ.-J-P-c:Jq
• • -
PROJECT PLAN REVIEW COMPLETION
The following project ~Ian have been reviewed and are recommended for approval:
Proj~tName: Qo~ ....... sJk~ £ '°~~-.:<1._c;; A"'·-:-""'-"-~ \ Co
Project No.: C-'"'° ~ --"\-\ ~
Dwg. No.: __ ""2;;_:;.Q__.__b~--'-'_.._,,......,f,............._. ___ ___,. ________ _
SheetsNo.: ____ l _____ through ____ _,.... ___________ _
DECLARATION OF RESPONSIBLE CHARGE
l hereby declare that I have exercised responsible charge over the plan review of this project as
defined in Section 8703 of the Business and Profe~skms Code to determine that the plans are
found to be in substantial compliance with applicable codes and standards.
Plan review of these project drawings does not relieve the Engineer of Work-of the
· responsibilities with state and local ordinances.
Helming Engineering Co., Inc.
5962 La Place Court, Suite 245
Carlsbad, CA 92008
(760) 431-5999
Douglas L. Hefming, RCE 23874
Expiration Date 12/31/01
Date 6 ~ ;;l--3 -91
••
PROJECT REVIEW COMPLETION
EASEMENT and COVENANT FOR EASEMENT
The following project maps have been reviewed and are recommended for approval:
Project Name: ?01 Y1 ';,e'ii to 7n,zeJ\-L.(l
Project No.: GT °\7-LD
Easement No.:
Sheets No.: Legal Description, ~t(s) (Exhibit "A") & Plat, -~et(s) (Exhibit "B")
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the easement review of this project as
defined in Section 8703 of the Business and Professions Code to determine that the easements are
found to be in substantial compliance with applicable codes and standards.
Review of these project easements does not relieve the Land Surveyor or Engineer of Work of the
responsibilities with state and local ordinances.
Helming Engineering Co., Inc.
5962 La Place Court, Suite 245
Carlsbad, CA 92008
760) 431-5999
Douglas L. Helming, RCE 23874
Expiration Date 12/31/01
Date --------
-
Omer No.: 1005048~4
Fee: $500.00
-SUBDMSIONGUARANTEE .
Subdivision: Carlsbad Tract No. 97-10, Poinsettia Properties
CO:MMONWEALTH LAND TITLE INSURANCE COMPANY
a coi:poration,
GUARANTEES
The County of San Diego and any City within which said subdivision is located in a sum
not exceeding $1000.00.
That, according to those public records which! under the recording laws, impart
con~ctive notice of matters affecting the title to the land included within the exterior
boundaiy showu on the map of the above referenced subdivision, the only parties having
any recoro title interest in said land whose signatures are necessary, under the requirements
of the Subdivision Map Act, on the certificates consenting to the recordation of said map
and offering for dedication any streets, roads, avenues and other easements offered for
dedication by said map are;
SEB ATTACHED EXHIBITS.
The map hereinbefore referred to is a subdivision of:
SEE ATI'ACHBD LEGAL DBSCRIP11ON.
Dared: April 26, 1999
OLTA Gul\1'8ntee :Fonn No. 14
(Rev, 4-10-75)
Commonwealth Land Title Insurance Company
By:
Cf97-to
llrll• ..., • .&.JJJ J·~-r,11 I •W' L..U
-LEGAL DESCRIPTION
.. Those portions of the a Half of Section 29 and the West :aa.A Section 28, Township
12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San
Die$o, State of California, according to Official Plat thereof, described as follows:
Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section
29; thence along the Norther~y line of said P.ast Half of the Northeast Quarter North
89°58'20" East 294.68 feet to the beginning of a tangent cmve concave Southwesterly
having a radius of 600.00 feet; thence Southeasterly along said curve through a central
angle of 63°10'4111 an arc distance of 661.60 feet; thence tangent to said curve South
26°50'5911 East 389.48 feet to the beginning of a tangent curve concave Westerly having a
radius of 1700.00 feet; thence Southerly along said last mentioned curve through a centtal
angle of 9°37'29" an arc distance of 285.57 feet; thence tangent to ~d last mentioned
cuIVe South 17°23'30" Bast 1187.36 feet to the beginning Qf a tangent curve concave
Westerly having a radius of 1250.00 feet; thence Southerly along said last mentioned curve,
through a central angle of 23°30'00" an arc distance of 512.69 feet to the beginning of a
reverse curve concave Easterly having a radius of 500.00 feet; thence Southerly along said
last mentioned cw:ve to an intersection with the Northerly line of that certain Parcel of land
deeded to the County of San Diego in Parcel 1 of Directors Deed recorded December 22,
1966 as File No, 198819 of Official Records; thence SoQ.th 76°54'40" West along said
Northerly line to the Easterly line of the 200.00 foot Atchison, Topeka and Santa Fe
Railway Company Right of Way; thence along said Easterly line North 21 °08'1511 West to
the West line of said East Half of the Northeast Quarter; .thence along said West line North
00°02'20" West, 765.33 feet to the true point of beginning.
Excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 of Parcel l of that certain
Directors Deed conveyed to the County of San Diego and recorded on December 22, 1966
as File No. 198819 of Official Records, said Course No. 5 having a bearbig and distance of
North 13°05'20" West, 20.00 feet; thence along the Southerly prolongation of said course
South 13°46'30" Past 28.75 feet to a line having a bearing of South 76g16.30" West, said
line being South 13°46'30" East 28.75 feet from the Northerly line of Poinsettia Lane
measured along the Southerly prolongation of said Course No. S; thence South 76°16'3011
West 243.98 feet to the true point of beginning, said point being the Southerly terminus of
that certain Course cited as being a curve having a radius of 500.00 feet and an arc distance
of 174.53 feet in Parcel 2 in deed to John D. Lusk & Son, a California corporation,
recorded January 9, 1973 as File No. 73-006848 of Official Records of said San Diego
County; thence continuing South 76 1116'301' West 709.90 feet -record 710.09 feet -to the
intersection with the Easterly right of way line of the Atchison, Topeka and Santa Fe
Railroad Company, said point of intersection being distant South 21 °08'51" East 28.15 feet
from the ?\Tortherly line of Poinsettia Lane as measured along the Easterly right of way of
said Railroad Company; thence along said Easterly right of way North 21 °08'51 11 West
51.43 feet to a line parallel with and distant Northerly 51.00 feet measured at right angles
to the above mentioned line having a bearing and distance of South 76°16'3011 West 709,90
CLTA Ouuantce Form No. 14
(Rev, 4-10..75)
POOR
QUALITY
ORIGINAL S
--feet;. thence along said parallel line North 76~16'30" East 719.15 feet to the intersection
with a non tangent curve concave Easterly and having a xadius of 500.00 feet, said curve
being the above mentioned curve having a radius of 500.00 feet, a radial from said point
bears North 82 1207'4Sn East; thence Southerly along said curve through a central angle of
51251 '15" an arc length of 51.09 feet to the true point of beginning.
Excepting therefrom those portions previousiy. dedicated to the public use as described in
the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official
Records.
Excepting therefrom that portion described as follows:
Beginning at the Northwest corner of the East Half of the Northeast Quarter of said Section
29; thence South 20°27'521; East 869.10 feet; thence South 69°32'08" West 275.76 feet to
a point on the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway,
being 200.00 feet wide; thence along said right of way line North 20°27'52" West 154.51
feet to a point on the Easterly line of Lot 1 in said Section 29; thence along said line North
0°38'1411 F.ast 765.95 feet to the point of beginning.
Also excepting therefrom that portion of the :East 1/2 of Section 29 and the West 1/2 of
Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to Official Plat thereof lying
Northerly of the Northerly line of Parcel "C" as described in the deed to the City of
carlsbad, filed in the Office of the County Recorder of San Diego County, on May 18,
1984 as File No. 84-186516 of Official Records, and lying Southerly! Easterly,
Southeasterly of the following described line:
Commencing at the centerline intersection of Avenue Avenida Encinas and Poinsettia Lane
as shown on Parcel :Map 14028, filed November 18, 1985 as File No. 85-434716 of
Official Re.cords; thence North 13°01'21" West 1.46 feet (North 13°43'30" Wem: 1.46 feet
per said Parcel Map 14028) to the beginning of a cunre, as shown on said Parcel Map;
concave Easterly, having a radius of 500.00 feet; thence Northerly along said curve 133,48
feet through a central angle of 15°17'4511 to the point of beginning through which a radial
line bears North 87°43'36n West; thence North 87°43'3611 West 42.00 feet along
prolongation of said radial line to the beginning of a non-tangent curve through which a
radial line bears North 87°43'36n West, concave Easterly, having a radius of 542.00 feet;
thence Southerly along said curve 33.50 feet through a central angle of 3°32'27.,; thence
South 40°29'48" West 33. 70 feet; thence South 76°54'40'' West 298.51 feet; thence South
l3°05'20" East 11.81 feet more or less to the point of intersection with the Northerly line
of said Parcel 11C" and being the point of terminus.
Also, excepting therefrom, all oil and mineral rights below 500 feet without right of surface
entry as reserved by A. L. Shipley, Jr., Conservator of the Estate of George H. Capron in
deed recorded June 30, 1969 as File No. I 16905 and re-recorded July 23, 1969 as File No.
132460, both of Official Records. ·
CLTA GuftZ'&tltet: Form No. 14
(Rev. 4-IMS)
-SCHEDULE "A"
PART I
-
As of the date hereof, the party(ies) whose signature(s) will be necessary, under the
requirements of the Subdivision Map Act, on the certificates consenting to the reco:rdation
of the Final Map or Parcel Map of saili land and offering for dedication ariy streets, roads,
avenues and other easemeqts offered by such Map are:
1. The signature(s) of the part(ies) hereinafter named will be required as owner(s) of
the estate or interest in the land as specified, pursuant to the provisions of Section
66436 of the Subdivision Map Act.
:&1ate or Interest:
Owne.r(s):
Fee
HSL'BP/Michan L.P., a eautomia limited partnership,
a 25 .12 % undivid~ interest, Strata/Poinsettia, a
California general partnership, a 25 % undivided
ioterest, Benchmark Pacific Poinsettia L.P., a
California limited partner$bip, a 18.25 % undivided
interest, HSL Properties, Inc., a California co:rpora.tion,
a 17, 88 % undivided inte.rest, and Strata Equity
Coiporation, a Califomia cotp0ration. A 13. 75 %
undivided interest, as commons in common.
2. The signature of either the trostee or the beneficiary named below but not both, will
be required under the provh!ions of Section 66436, Subse.ction (a) of the Subdivision
Map Act fot the .following deed(s) oftrust:
(a) Recorded:
Trustee:
Beneficiary:
CLTA Ouaraniee Form No. 14
(Rev. 4-10-75)
September 8, 1997 as File No. 1997-0433579 of Official
Records
Commonwealth Land Title Company
Valley Independent Bank
-SCHEDULE tlA"
P.ARTII
3, The signature(s) of the pa.rty(ies) named hereinafter as owner(s) of the interest set
forth, may be omitted under the provisions of Section 66436 (a)(3)(A)(i-vil) of the
Subdivision Map Act, their interest is such that it cannot ripen into a fee titl~ and
said signature(s) is (are) not requi,red by the local agency. ·
See Exceptions attached hereto and made a part hereof:
(a) An easement for the puzpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The Pacific Telephone and Telegraph Company
public utilities, ingress and egress
October 25, 1941 in Book 1269, Page 3 of Official Records
Located within a strip of land 15 feet in width, the center line being
descnoed as follows:
Beginning at a point on the West property line of the East Half of the Northeast Quarter of
Section 29, Township 12 South, Range 4 West, San Bernard.mo Base and Meridian, from
which said point the Northwest corner of said F.ast Ha1f of Northeast Quarter of Section 29,
bears North QQD02'00" West 689.37 feet; thence South 21 °19'38" East 3057.10 feet to a
point; thence along the arc of a circle concave to the East whose delta angle 16°30' and
length is 860.58 feet to a point; thence South 04°48'38i' East 95,40 feet to the point of
tenninatlon, and from which said point the Southeast comer of said North one-third of Lot
4, Section bear South 89D49'50" F.ast, 64.44 feet.
(b) An easement for the puxpose shown below and rights mcidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The Pacific Telephone and Telegraph Company
public utilities, ingress and egress
March 29, 1954 in Book 5186, Page 560 of Official Records
Located within a strip of land 10 feet in width, the Westerly line of
which is parallel with and abutting the Easterly right of way line of the
Atchison, Topeka and Santa Fe Railway Company Right of Way.
Beginning at a point on the Westerly line of the East Half of the
Northeast Quarter of Section 29, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, to the point of termination on the
Southerly line of the North Half of the South Half of the Southwest
CLTA Oua.raritce Form No. 14
(R!!!V, 4-10-75)
--Quarter of Section 28, Township 12 South, Range 4 West, San
Bernardino Base and Meridian.
(c) An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The City of Carlsbad,
a municipal COipOra:tion
slope purposes
May 141 1974 as File No. 74-125459 of Official Records
Portions of the herein described land, the exact location of which can
be determined by ex;Jmination of the above--men1ioned instrument,
which contains a complete legal description of the affected portions of
said land
Reference is made to said document for full particulars.
( d) An easement for the purpose shown below ~d rights incident.al thereto as set forth
in document
Granted to:
Puipose:
Recorded:
Affects:
The City of Carlsbad
storm drain
June 10, 1974 as File No. 74-152824 of Official Records
Portions of the herein described land, the exact location of which can
be determined by e~amination of the above--mentioned instrument,
which contains a complete leg;µ description of the affected portions of
said land
Reference is made to said document for full particulars.
(e) An easement for the putp0se shown below an4 rights .incidental thereto as set forth
in document
Granted to:
Pw:pose:
Recorded:
Affects;
The City of Carlsbad
public roadway and appurtenant purposes and for slopes
May 18, 1984 as File No. 84-186516 of Official Records
Portions of the herein described land, the exact location of which can
be determilled by examiDatioi;i of the above-mentioned instrument,
which contains a complete le:gal description of the affected portions of
said land
Reference is made to said document for full particulars.
(f) An easement for the pu:rpose shown below and rights incidental thereto as set forth
in document
CLTA Oulltllrttec Form No. 14
(Rev. 4-10-75)
.. ..
Granted to:
Puipose:
Recorded:
1,v. "'+"'+J. r. o; c.~ --Costa Real Mmiiclpal Water District .
pipeline or pipelines for any and all purposes, together with their
necessary :fixtures and appurtenances, including but not limited to,
conduits and cables for power transmission and communication
April 4, 1985 as File No. 85-114515 of Official Records
(g) An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
San Diego Gas and Biectrlc Company
public utilities, ingress and egress
September 18, 1987 as File No. 87-S29947 of Official Records
(h) An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Pun,ose;
Recorded:
Southern California Gas Company, a coiporation
met.er station
October 7, 1987 as File No. 87-566893 of Official Records
(i) An easement for the pu:cpose shown below and rights incidental thereto as set forth
in document
Granted to:
Pmpose:
Recorded:
Affects:
The City of Carlsbad, a municipal coxporation
For earth embankment slopes, together with the right to construct and
maintain such slopes ~d embankments and facilities incidental thereto
September 30J 1994 as File No. 1994~0580814 of Official Records
As shown on a plat attached to said document.
CLTA Ciuarantae Pontt No. 14
(Rev. 4-10-75)
•'
Order No.: 1005048-4
Fee: $500.00
SUBDMSION GUARANTEE
Subdivision: Carlsbad Tract No. 97-10, Poinsettia Properties
-
COMMONWEALTH LAND U'ILE INSURANCE COMPANY
a corporation,
GUARANTEES
The County of San Diego and any City within which said subdivision is located in a sum
not exceeding $1000.00.
That, according to those p1,1blic records which, under the recording laws, impart
constructive notice of matters affecting the title to the land included within the exterior
boundary shown on the map of the above referenced subdivision, the only parties having
any record title interest in said land whose signatures are necessary, under the requirements
of the Subdivision Map Act, on the certificates consenting to the recordation of said map
and offering for dedication any streets, roads, avenues and other easements offered for
dedication by said map are:
SEE ATTACHED EXHIBITS.
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED LEGAL DESCRIPTION.
Dated: February 2, 1999
CLTA Guarantee Form No, 14
(Rev. 4cJ0-75)
Commonwealth Land Title Insurance Company
By:
-
LEGAL DESCRIPTION
Th,ose portions of the East Half of Section 29 and the West Half of Section 28, Township
12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof, described as follows:
Beginning at the Northwest corner of the East Half of the Northeast Quarter of said Section
29; thence along the-Northerly line of $aid East Half of the Northeast Quarter North
89°58'20" East 294.68 feet to the beginning of a tangent curve concave Southwesterly
having a radius of 600.00 feet; thence Southeasterly along said curve through a central
angle of 63 ° 10' 41" an arc distance of 661. 60 feet; thence tangent to said curve South
26°50'59" East 389.48 feet to the beginning of a tangent curve concave Westerly having a
radius of 1700.00 feet; thence Southerly along said last mentioned curve through a central
angle of 9°37'29" an arc distance of 285.57 feet; thence tangent to said last mentioned
curve South 17°23'30" East 1187.36 feet to the beginning of a tangent curve concave
Westerly having a radius of 1250.00 feet; thence Southerly along said last mentioned curve,
through a central angle of 23°30'00" an .arc distance of 512.69 feet to the beginning of a
reverse curve concave Easterly having a radius of 500.00 feet; thence Southerly along said
last mentioned curve to an intersection with the Northerly line of that certain Parcel of land
deeded to the County of San Diego in Parcel 1 of Directors Deed recorded December 22,
1966 as File No. 198819 of Official Records; thence South 76°54'40" West along said
Northerly line to the F.asterly line of the 200.00 foot Atchison, Topeka and Santa Fe
Railway Company Right of Way; thence along said Easterly line North 21 °08'15'' West to
the West line of said East Half of the Northeast Quarter; thence along said West line North
00°02'20" West, 765.33 feet to the true point of beginning.
Excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 -of Parcel 1 of that certain
Directors Deed conveyed to the County of San Diego and ;recorded on December 22, 1966
as File No. 198819 of Official Records, said Course No. 5 having a bearing and distance of
North 13°05'20" West, 20.00 feet; thence along the Southerly prolongation of said course
South 13°46'30" East 28.75 feet to a line having a bearing of South 76°16'30" West, said
line being South 13°46'30" East 28.75 feet from the Northerly line of Poinsettia Lane
measured along the Southerly prolongation of said Course No. 5; thence South 76°16'30"
West 243.98 feet to the true point of beginning, said point being the Southerly terminus of
that certain Course cited as being a curve having a radius of 500.00 feet and an arc distance
of 174.53 feet in Parcel 2 in deed to John D. Lusk & Son, a California corporation,
recorded January 9, 1973 as File No. 73-006848 of Official Records of said San Diego
County; thence continuing South 76°16'30" West 709.90 feet -record 710.09 feet -to the
intersection with the Easterly right of way line of tne Atchison, Topeka and Santa Fe
Railroad Company, said point of intersection being distant South 21 °08'51" East 28.15 feet
from the Northerly line of Poinsettia Lane as measured along the Easterly right of way of
said Railroad Company; thence along said Easterly right of way North 21 °08'51" West
51.43 feet to a line parallel with and distant Northerly 51.00 feet measured at right angles
to the above mentioned line having a bearing and distance of South 76°16'30" West 709.90
CLTA Guarantee Form No. 14
(Rev. 4-10-75)
--
feet; thence along said parallel line North 76°16'~0" East 719.15 feet to the intersection
with a non tangent curve concave Easterly and having a radius of 500.00 feet, said curve
being the above mentioned curve having a radius of 500.00 feet, a radial from said point
bears North 82°07'45" East; thence Southerly along said curve through a central angle of
5°51 '15" art arc length of 51.09 feet to the true point of beginning.
Excepting therefrom those portions previously dedicated to the public use as described in
the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official
Records.
Excepting therefrom that portion described as follows:
Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section
29; thence South 20°27'52" East 869.10 feet; thence South 69°32'08" West 275.76 feet to
a point on the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway,
being 200.00 feet wide; thence along said right of way line North 20°27'52" West 154.51
feet to a point on the Easterly line of Lot 1 ,in said Section 29; thence along said line North
0°38'14" East 765.95 feet to the point of beginning.
Also excepting therefrom that portion of the East 1/2 of Section 29 and the West 1/2 of
Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of Ca.lifornia, according to Official Plat thereof lying
Northerly of the Northerly line of Parcel "C" as described in the deed to the City of
Carlsbad, filed in the Office of the County Recorder of San Diego County, on May 18,
l984 as File No. 84-186516 of Official Records, and lying Southerly, Easterly,
Southeasterly of the following described line:
Commencing at the centerline intersection of Avenue Avenida Encinas and Poinsettia Lane
as shown on Parcel Map 14028, filed November 18, 1985 as File No. 85-434716 of
Official Records; thence North 13 °01 '21" West 1.46 feet (North 13 ° 43 '30" West 1.46 feet
per said Parcel Map 14028) to the beginning of a curve, as shown on said Parcel Map;
concave Easterly, having a radius of .500.00 feet; thence Northerly along said curve 133.48
feet through a central angle of 15 ° 17' 45" to the-point of beginning through which a radial
line bears North 87°43'36" West; thence North 87°43'36" West 42.00 feet along
prolongation of said radial line to the beginning of a non-tangent curve through which a
radial line bears North 87°43'36" West, concave Easterly, having a radius of 542.00 feet;
thence Southerly along said curve 33 .50 feet through a central angle of 3 °32 '27"; thence
-South 40°29'48" West 33.70 feet; thence South 76°54'40" West 298.51 feet; thence South
13°05'20" East 11.81 feet more or less to the point of intersection with the Northerly line
of said Parcel "C" and being the point of terminus.
Also, excepting therefrom, all oil and mineral rights below 500 feet without right of surface
entry as reserved by A. L. Shipley, Jr., Conservator of the Estate of George H. Capron in
deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No.
132460, both of Official Records.
CLTA Guarantee Form No. 14
(Rev. 4-10-75)
SCHEDULE "A"
PART I
-
As of the date hereof, the party(ies) whose signature(s) will be necessary, under the
. requirements of the Subdivision Map Act, on the certificates consenting to the recordation
of the Final Map or Parcel Map of said land and .offering for dedication any streets, roads,
avenues and other easements offered by such Map ate:
1. The signature(s) of the part(ies) hereinafter named will be required as owner(s) of
the estate or interest in the land as specified, pursuant to the provisions of Section
66436 of the Subdivision Map Act.
Estate or Interest:
Owner(s):
Fee
HSLJBP/Michan L.P., a California limited partnership,
a 25 .12 % undivided interest, Strata/Poinsettia, a
California general partnership, a 25 % undivided
interest, Benchmark Pacific Poinsettia L.P., a
California limited partnership, a 18. 25 % undivided
interest, HSL Properties, Inc. , a California corporation,
a 17. 88 % undivided interest,, and Strata Equity
Corporation, a California corporation. A 13.75%
undivided interest, as commons in common.
2. The signature of either the trustee or the beneficiary named below but not both, will
be required under the provisions of Section 66436, Subsection (a) of the Subdivision
Map Act for the following deed(s) of trust:
(a) Recorded:
Trustee:
Beneficiary:
CLTA Guarantee Form No. 14
· (Rev. 4:.10-75)
September 8, 1997 as File No. 1997-0433579 of Official
Records
Commonwealth Land Title Company
Valley Independent Bank
SCHEDULE "A''
PART II
-
3. The signat"Qre(s) of the party(ies) named hereinafter as owner(s) of the interest set
forth, may be omitted under the provisions of Section 66436 (a)(3)(A)(i-vii) of the
Subdivision Map Act, their interest is such that it cannot ripen into a fee title and
said signature(s) is (are) not required by the local .agency. ·
See Exceptio1;1s attached hereto and made a part hereof:
(a) An easement for the purpose shown below and right~ incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The Pacific Telephone and Telegraph Company
public utilities, ingress and egress
October 25, 1941 in Book 1269, Page 3 of Official Records
Located within a strip of land 15 feet in width, the center line being
described as follows:
Beginning at a point on the West property line of the East Half of the Northeast Quarter of
Section 29, Township 12 South, Range 4 West, San Bernardino Base and Meridian, from
which said point the Northwest corner of said East Half of Northeast Quarter of Section 29,
bears North 00°02'00" West 689.37 feet; thence South 21 °19'38" East 3057.10 feet to a
point; thence along the arc of a circle concave to the East whose delta angle 16°30' and
length is 860.58 feet to a point; thence South 04°48'38" East 95.40 feet to the point of
termination, and from which said point the Southeast corner of said North one-third of Lot
4, Section bear South 89°49'50" East, 64.44 feet. ·
(b) An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The Pacific Telephone and Telegraph Company
public utilities, ingress. and egress
Mai:ch 29, 1954 in Book 5186, Page 560 of Official Records
Located within a strip of land 10 feet in width, the Westerly line of
which is parallel with and abutting the Easterly right of way line of the
Atchison, Topeka and Santa Fe Railway Company Right of Way.
Beginning at a point on the Westerly line of the East Half of the
Northeast Quarter of Section 29, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, to the point of termination on the
Southerly line of the North Half of the South Half of the Southwest
CLTA Guarantee Form No. 14
(Rev. 4-10-75)
--
Quarter of Section 28, Township 12 South, Range 4 West, San
Bernardino Base and Meridian.
( c) An easement for the purpose shown befow and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The City of Carlsbad, .
a municipal corporation
slope purposes
May 14, 1974 as File No. 74-125459 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
Reference is made to said document for full partiGulars.
( d) An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The City of Carlsbad
storm drain
June 10, 1974 as File. No. 74-152824 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
Reference is made to said document for full particulars.
( e) An easement for the purpose shown below and rights incidental thereto as set forth
in document ·
Granted to:
Purpose:
Recorded:
Affects:
The City of Carlsbad
public roadway and appurtenant purposes and for slopes
May 18, 1984 as File No. 84-186516 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instrument,
which contains a complete legal description of the affected portions of
said land
Reference is made to said document for full particulars.
(t) An easement for the purpose shown below and rights incidental thereto as set forth
in document
CLTA Guarantee Form No. 14
(Rev. 4-10-75)
Granted to:
Putpose:
Recorded:
---
Costa Real Municipal Water District .
pipeline or pipelines for an.y and all purposes, together with their
necessary fixtures and appurtenances, including but not limited to,
conduits and cables for power transmission and communication
April 4, 1985 as File No. 85-114515 of Official Records
(g) An easement for the pl,lrpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
San Diego Gas and Electric Company
public utilities, ingress and egress
September 18, 1987 as File No. 87-529947 of Official Records
(h) An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Southern California Gas Company, a corporation
meter station
October 7, 1987 as File No. 87-566893 of Official Records
(i) An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
The City of Carlsbad, a, municipal corporation
For earth embankment slopes, together with the right to construct and
maintain such slopes and embankments and facilities incidental thereto
September 30, 1994 as File No. 1994-0580814 of Official Records
As shown on a plat attached to said document.
CLTA Guarantee Form No. 14
(Rev. 4-10-75)
.. -r-::
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fl p C0Sn' BlY0
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. 1IJll"!CC!~ ~---_\Holl.£/ _,.., __ , -~ '
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~ !HT I
MAP 10899 •CARl::SB.l,C> TCT NO 81-5 . ·-·-· . ·-· 58: 29-Tl2S--R4W-RJA E IA .. .., .. ~.!!!J":";;."='o::n:.~..M SEC 28-T12S-R4W-:~ W V4-_..IUIM~ ,,......(IIIPJIIGOIIMIIK ·
--' -. . . for infonnation only.A11"ou&h the
Information on this plat ls pllt of the official records,the
ICCW1IC)' of that infonnation is not gumn~ by this
company. This plat ls not to be considered u being a part
Commonweatth or lhe_ policy, repo11, blndcr,gu .. ree.orolherp,oducc
Lind Title Company issued by this company, to which it may be lttld!ed .
214-45
EB
~, 2
i-•200'
Gi)
\11:: Fi/ Iii, Fl.F.:! I~
I. DEFI_NrriON OF TERMS
GUA~E CONDITIONS AJSD STIPULATIOnA . ·
of this Guarantee or, if th-..,tee G issued for th~ benefit of a holder of a mort111e or a llenholder, the
Company shall have the option to purclme the iadebtedness secured by said mortpae or said lien for the amount
owina thereon, to1ether with any cosu, reasonable attorneys' fees and expenses incurred by the Assured claim· ant which were authorized by the Company up to the time of purchue.
'\. Tbc following terms when wed in the Guarantee mean:
(a) "the AsSurcd": the p~y or, panies named u the Allured in this Guarantee, or-on a supplemental writin&
executed by the Company.
(b) "land'': the land described or referred to in Schedule (A) or in Pan 2. and improvements affixed thereto which
by law constitute real property. The term "land" does not include any property beyond the lines of the area described O( referred to in Schedule (A) or in Part 2. nor any right. title, interest, estate or easement m lblltung
streetS, roads, avenues, alleys, lanes, ways or water.Nays.
(c) ""mortgage": mong&gc, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of impartin1
constructive notice of matters rclatin& to real property to p~ for value and without knowled1e.
(C) "date":· the ·effective date.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or dan!qe by reason of the followin1:
(a) Taxes or-assessments which are noLShown as existin1 liens by the records of any taxin1 authority that-Jevies
tax~-or ass~sments on real propen)' Or by the public records.
(b) (I) Unpatented mining claims; (2) reservations or exceptions in palalts or in Acts authorizinll the issuance thereof; (3; water rights, claims or 1itle to water: whether or not the matters excluded by-(1), (2) or (3)-are shown by
the public records.
(c) Assurances to 1i1le to any pr_operty beyond the lines of the land expressly described in the descriplion set forth
in Schedule (A) or in part 2 of this GuarantC'C, or title to streets, roads, avenues, lanes. ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels. iamps or any other structure or
improvement; or any rights or easements therein unless such property, rights or easements arc expressly and
specifically .set forth in said·description.
(dJ {)) DcfectSi-Iiens, encumbrances or adverse claims against the title, if assurances arc provided as to such title, and as limited Dy such assurances.
(2) Defects, liertS, encumbrances, adverse claims or other matters (a) whether or not shown by the public records,
and which arc created, suffered, assumed or agreed to by one or more of the Assureds; (b) which.result in no loss to the Assured; or (c) which do not fesult in the invalidity or potential invalidity of any jlldicial
or non•judiCial pr~eeding which is within the scope and purpose of assurances provided.
3. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT
An Assured shall notify the Company promptly in writin1 in case knowled1e shall come to an Assured hereunder
of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might
cause loss or·damagc for which the Company may be liable by vinue of this Guarantee. If prompJ notice shall not
be given to the Company, then all·liability of the Company shall terminate with regard-to the matter or matters for
which prompt notice is required; prPvided, however, that failure to notify the Company shall in no case prejudice the rights of anY Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to
the extent of-the pr~judice.
4. 1'!0 DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a pany,
notwithsianding 1he nature of any allegation in-such action or proceedin1,
5. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS: DUTY OF ASSURED CLAIMANT TO
COOPE/IATE -
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shaJI have the right, at its sole optiori and cost, to institute and prosecute any action or proceed·
irig, interpo~e a'defense, as limited in (b), or to do,any other act which in its opinion may be n~essary or desirable to establish the title to the estate or interest as stated-herein, or to establish the lien rights of the As·
sured; or to prCvent or reduce loss or damage to the Assured. The Company may take any appropriate actioil
under 'the terms of this-Guarantee, whether or nOt it shall be liable hereunder, and shall not thereby coitcedc
liability or waive any provision of this Guarantee. If the Company Shall exercise its rights under this para· graph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph S(a) the Company shall have the right to
select counsel of its chc,icc (suDject to the right of such Assured to object for reasonable cawc) to represent
the Assured and shall 'not be liable·for and will not pay the fees of any other counsel, nor will the Company, J)ay any fees, cost$ or expenses incurred by an Assured in the defense of those causes of action which allege
matters not covered by this Guarantee.
(c) Whenever 1he Company sh;.ll have brought an action or interposed a defense as permltted by the provisions
of this Guarantee, the Company may pursue any litigation to final determination by a coun of coinpetcnt juris-
diction and expressly reserves the·right, in its sole discretion, to appeal frolri an adverse judgment or order.
(d) In all cases where this Guarantee.permits the Company to prosecute or provide for the defense of any action
or proc'eeding, an AssuJ'ed shall secure to the Company the right to so prosecute or provide for the defense
of any action or proceediqg, and all appeals therein, and pemut the Company to we. at its option,.the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's ex·
pense, shall give the.Comp3!}Y all reasonable aid in any action or procccdin1, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest as stated herein, or to establish the liCn rights of the
Assured. If the Company i~ prejudiced by the failure of the' Assured to furnish the reqUired cooperation, the
Company's obligations to the Assured under the Guarantee shall terminate. -
6. PROOF OF LOSS OR DAMAGE.
ln'addition tO and after the notices required under Section 3 of these Condifions and Stipulations have been provid-
ed to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company
within ninety (90) days after the Assured ,hall ascertain the facts givin1 rise to the loss or damage. The proof of loss or damage shaILdescribe the matters covered b)' this Guarantee which constitute the basis of.loss or damage and shall
State, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced bY the failure of the-Assured to-provid~ the required proof of loss or damage, the Company's obligation to such,As ..
sured under the Guarantee shall terminate, In addition, the Assured may reuonably be required to submit to examina·
tion under oath by any iluthcirizcd representative of the Company and shall produce for examination, inspecuon and
cOpying, at such,reasonable times and places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, Correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably penain to the loss or damage. Further, if requested by any authorized representative of
the Company, the Assured .shalJ grant its permission, in writin1, for any authorized representative of the.Company
tc;> examine. Inspect and cOp)' all records, books, Icdaers, checks, correspondence and memoranda in the cwtody Or
coritrol of a third ·party, which reasonably pcnain to the loss or damqe. AJl information desianated U confidential
by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reason•·
ble judgment of the Company, it is necessary in the adfflinistration of the claim. Failure of the Assured to submit-for examination under oath, Produce other reasonably requested information or grant permission to secure reasonably necessary infoimation from third parties as re(luircd in the above parqraph, unless prOhibited·by law or governmental reauJa.
tion. ;hall terminate any liability of the Company under this Guarantee. to the Assured for that claim.
7'. OPTIONS TO PAY OR OTHERWISE SETILE CLAIMS: TERMINATION OF LIABILITY
In case of a-claim under this Guarantee, the Company shall have the followin1 additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall h&Vc the option to pay or settle or compromise for or in the name of the Assured any Claim which could reSuit in loss to the Assured within the coveraae of this Guarantee, or to pay the full amount
Such purchase, payment or tender or payment of-the full amount of the Guarantee shall terminate all lia-bility of the Company hereunder. In the event after notice of claim has been given to the Company by lhe
Aslurcd the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and aslllD said indebledneu, loSOtherwith any coUateral security, to lhe Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation
to lhe Assured under thi., Guarantee for the claimed loss or dan!ase. other lhan to make the payment required in that par_agiaph, shall terminate, incJudin& any obligation to continue the defense or prosecution of any Iiti·
sation fol.which the Company has exercised its options under Paragraph S, and the Guarantee shall be surrcn· dered to the Company for c:ancollation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any Claim assured
aaainst Under this Guarantee, together with any costs, attorneys' fees "'and expenses incurred by the Assured
claimant which were authorized by the Company up to the time of payment and which the Company is obligat-ed lo pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Companis obligation to the Assured tinder this Guarantee for the claimed loss or damage, other than to make the payment required
in that puagraph, shall terminate, includin1 any obligation to continue the defense or prosecution of any liu-
gation for which the Company has exercised its options under Paragraph S.
I. DETERMINATION AND EXTENT OF LIABILITY
This GuarantC'C is a contract of indemnity against actual monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2.
The liability of lhe Company under this Guarantee to lhe Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) The amount of the unpaid principal indebtedness secured by the mortgage of an Assured mongagcc. as limited
or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Con· diuons and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together
with interest thereon: or
(c) ,the difference between the value of the estate or interest covered hereby as stated herein and the val~e of the
estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee.
9, LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance. or cures any·othcr
matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and.~hall not be liable for any loss or damage cawed thereby. -
(b) In the event of any litigation by the Company or'with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination by a coun of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title, as stated herein.
(c) The C9mpany shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF LIABILITY OR TERMINATION OF-LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to para-graph 5 shall reduce the amount of liability pro tanto.
11. PAYMENT OF LOSS
{a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee
has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of 1he Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Coflditions and Stipulations, the loss or damage shall be·payable within-thirty (30) days thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have-settled and paid ,a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogaled to and be eniilled to all rights and remedies which 1he Assured would have had against any perscin or property in respect to the claim flad this Guarantee not be issued. If requcsteci by the Company,
the Assured shall transfer 10 the Company all rights and remedies against any person or propcny n-ecessary in order
to perfCCt this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the: name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated
to all rights and remedies of the Assured after the Assured shall have recovered. its principal, interest, and costs of collection.
13. ARBITRATION
Unless prohi'bitcd by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitratton Association. Arbitrable matters may include, but are
not limited to, ally controversy or claim between the Company and the Assured arising out of or relating to this Guaran-
tee, any service of the Comp~ny in connection with its issuance or the breach of a Guarantee provision or other obliga-tion. All .irbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either
the Company or the Assured. All arbitrabJe matters when the amount of liability is in excess of St,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at-Date of Guarantee shall be binding uj,on the parJ.ies. The award may include attorneys' fees only if the laws of the state in which the land ·is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendefed by the Ar·
bitrator(s) may be entered in any coun having jurisdiction thereof.
The law-of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of 1he Rules may be obtained from the Company-upon request.
14, LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any, attached hereto by the Comi,any is the entire Guarantee
and contract between the Assured and the Company. In interpreting any provision of this Guarantee, 11iis Guaran-
tee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asscning such clalm,.sha!l
be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or at-tached herito signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validat·
ing·officer or authorized signatory of the-Company.
15. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shail be addressed 10 the Home Office, Commonwealth Land Tille Insurance Company, 8 Penn Cenier, Philadelphia,
Pennsylvania !9103-2198.
IN WITNESS W~:flEOF, the Commonwealth Land Title Insurance Comp·any has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
A1~t~JfJ ~t Byw~-~nt
CLTA GUARANTEE CONDITIONS AND STIPULATIONS
•
RECEIVED
MAR O 5 1999
ENGINEERING
DEPARTMENT