HomeMy WebLinkAboutCUP 02-01; OLIVENHAIN MUNICIPAL WATER DISTRICT; Conditional Use Permit (CUP)CITY OF CARLS) 4618
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
7j7
(FOR DEPARTMENT
USE ONLY
FOR DEPARTrE.T
USE ONL\ L Administrative Permit - 2nd Planned Industrial Permit
Dwelling Unit
Administrative Variance Planning Commission
Determination
L Coastal Development Permit Precise Development Plan
EO Conditional Use Permit Redevelopment Permit
D Condominium Permit Site Development Plan
Environmental Impact El Special Use Permit
Assessment (Ts . Jt1ctCG
General Plan Amendment Specific Plan (Deletion of
Hillside Development Permit
SP 196)
Tentative Porccl Map
Obtain from Engineering Department
Local Coastal Plan Amendment Tentative Tract Map
Master Plan Variance
E Planned Zone Change
—i~7/ Development
Planned Development Permit List other applications not
specified
2) ASSESSOR PARCEL NO(S).: 255-031-03 (1.95 Acres); 255-040-56 (8.18 Acres)
3) PROJECT NAME. Olivenhain Municipal Water District
Ileadquagtor-s and 0prations BujjdiRgs
4) BRIEF DESCRIPTION OF PROJECT: CUP, Site Devel npmt Pl an, CPA, P7n 5? del eH on
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Olivenhain Municipal Water District Olivenhain Municipal Water District
MAILING ADDRESS MAILING ADDRESS
1966 Olivenhain Road 1966 Olivenhain Road
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Encinitas, CA 92024-5699 760-753-6466
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
)L i
fr7 01( 1 14/c
ATURE DATE
Encinitas, CA 92024-5699 760-753-6466
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
; 7-JI1 //C? 011k
SIbNATURE DATE
7) BRIEF LEGAL DESCRIPTION A portion of lot 10 of the Rancho Las Encinitas
O.w O In the County of San Diego State of California (M NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, 1VILJST BE SUBMITTED PR1ORTO 3
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.P
Form 16
. 018
.
so
8) LOCATION OF PROJECT:
STREET ADDRESS 1966 Olivenhain Road
ON THE South SIDE OF F fl1jypnhj Pn (NORTH, SOUTH, EAST. WEST) (NAME OF STREET
BETWEEN I El Camino Real AND Rancho Santa Fe Road
(NAME OF STREET) (NAME OF STREET}
9) LOCAL FACILITIES MANAGEMENT ZONE I Zone 11 I
10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
N/A RESIDENTIAL UNITS 0 RESIDENTIAL UNITS 0
13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE! 15) PROPOSED COMM_Exisjing
N/A SQUARE FOOTAGE NI\ SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER
19)
PROJECT IN OPEN SPACE
GROSS SITE ACREAGE
N/A
10 13 20)
ADT
EXISTING GENERAL
250
N-GO 21)
USAGE IN EDU increas5.2
( 10.4 total)
PROPOSED GENERAL
PLAN - c-RU'1 PLAN DESIGNATION - I
22) EXISTING ZONING 23) PROPOSED ZONING Goverimental Facili6ties
IR-1-th,000 & -domrnerciai
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
O ENTRY FOR THIS PURPOSE
Iuiw 4
SIGNATURE 1'
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
RECEIVED
JAN 042002
CITY OF CARLSBAD
DATE F1N Pke/3WFCE1VED
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO. 1
Form 16 PAGE 2OF2
For" No. 1068-1 (Rev. 10/17/92)
F.hibt A to Preliminary Report
: -03
Preliminary
Report
First American Title Insurance Company
-\ A 1 £
ORDER NO. 1240202-15
FIRST AMERICAN TITLE INSURANCE COMPANY 4( 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
DECEMBER 13, 2001
STA ENGINEERING
P.O. BOX 2636
VISTA, CA 92085
ATTENTION: LEN SCHATZMANN
OUR ORDER NO. 1240202-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT
TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY
ARE AVAILABLE FROM THE OFFICE W}IICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO
LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF DECEMBER 3,2001 AT 7:30 A.M.
(294ea t
CATHY ARK - TITLE OFFICER
DIRECT'I5JAL PHONE 231-4656
FAX NO. 231 -4647
PAGE 1
ORDER NO. 1240202-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
OLIVENHAIN MUNICIPAL WATER DISTRICT
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
FEE
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
2. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
COUNTY OF SAN DIEGO, RECORDED AUGUST 4, 1898 IN BOOK 272, PAGE 86 OF
DEEDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
3. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 454 ACCORDING TO MAP ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY
DEED RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS.
4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED NOVEMBER 17, 1948 IN BOOK 3019, PAGE 384 OF OFFICIAL RECORDS.
•_-
PAGE 2
ORDER NO. 1240202-15
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 454-A ACCORDING TO MAP ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY
DEED RECORDED MAY 4, 1954 IN BOOK 5226, PAGE 582 OF OFFICIAL RECORDS.
6. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 454A AND NO. 1631. ACCORDING TO MAP ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED OCTOBER 3, 1961 AS FILE NO. 172003 OF OFFICIAL
RECORDS.
7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED JULY 2, 1965 AS FILE NO. 119081 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES
HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS
OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH
ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE
ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED DECEMBER 1, 1971 AS FILE NO. 279388 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES
HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS
OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH
ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE
ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 3
AM L
ORDER NO. 1240202-15
9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED JANUARY 20, 1981 AS FILE NO. 81-017997 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES
HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS
OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH
ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE
ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY BY
INSTRUMENT RECORDED MARCH 13, 1981 AS FILE NO. 81-077391 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
11. AN UNRECORDED LEASE DATED SEPTEMBER 1, 1999, UPON THE TERMS AND
CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY MEMORANDUM OF LEASE.
LESSOR: THE OLIVENHAIN MUNICIPAL WATER DISTRICT
LESSEE: COX PCS ASSETS, L.L.C., A DELAWARE LIMITED LIABILITY
COMPANY
RECORDED: DECEMBER 15,1999 AS FILE NO. 1999-0813021 OF OFFICIAL RECORDS.
2001-2002 TAX INFORMATION:
(PARCEL NO. 255-031-03-00)
NO TAXES AVAILABLE AT THIS TIME.
PAGE 4
•.,j C.
ORDER NO. 1240202-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 10 OF THE SUBDIVISION OF THE RANCHO LAS ENCIN1TAS, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 27,
1898, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 10, DISTANT THEREON
NORTH 87°03'30" EAST 509.61 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT,
SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF A 300 FOOT RADIUS CURVE IN
THE CENTER LINE OF COUNTY ROAD SURVEY NO. 454, AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS;
THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTHEASTERLY ALONG SAID
CURVE 256.98 FEET THROUGH A CENTRAL ANGLE OF 49°04'49"; AND TANGENT TO SAID
CURVE NORTH 37 058'41" EAST 697.88 FEET TO THE POINT OF INTERSECTION OF THE
CENTER LINE OF COUNTY ROAD SURVEY NO. 454-A AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED MAY 4, 1954 IN BOOK 5226, PAGE 582 OF OFFICIAL
RECORDS, SAID POINT BEING THE POINT OF TANGENCY OF A 350 FOOT RADIUS CURVE
CONCAVE EASTERLY AS DESCRIBED IN PARCEL 2 OF SAID DEED; THENCE SOUTHERLY
ALONG SAID CURVE 355.37 FEET THROUGH A CENTRAL ANGLE OF 58 010'27" THENCE
TANGENT TO SAID CURVE SOUTH 200 11'46" EAST 311.85 FEET TO THE SOUTHERLY LINE
OF SAID LOT 10; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87°03'30" WEST 706.46
FEET TO THE POINT OF BEGINNING.
MARCH 20,2000 9:51 AM OM
PAGE 5
Fonn4,p. 101 (Rev. 10117192)
Exhibit A to Preliminary Report
1\e ,\1 t
C i
0 iti L4JieJ
Preliminary
Report
First American Title Insurance Company
-'
ORDER NO. 1240203-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
DECEMBER 13, 2001
STA ENGINEERING
P.O. BOX 2636
VISTA, CA 92085
ATTENTION: LEN SCHATZMANN
YOUR REF. OLIVENHAIN WATER
OUR ORDER NO. 1240203-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT
TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY
ARE AVAILABLE FROM THE OFFICE WHICH ISSUE]) THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO
LIABILITY IS ASSUMED HEREBY. IF if IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMiTMENT SHOULD BE
REQUESTED.
DATED AS OF DECEMBER 3, 2001 AT 7:30 A.M.
ag(12,44
CATHY 1pfARK - TITLE OFFICER DIRECT DIAL PHONE 231-4656
FAX NO 231-4647
PAGE 1
ORDER NO. 1240203-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
OL1VENHA]N MUNICIPAL WATER DISTRICT
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
2. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE
COUNTY OF SAN DIEGO, RECORDED AUGUST 4, 1898 IN BOOK 292, PAGE 86 OF
DEEDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
3. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND INCIDENTAL PURPOSES AS
RESERVED BY INSTRUMENT RECORDED DECEMBER 29, 1903 IN BOOK 336, PAGE
297 OF DEEDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS
CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER,
UNDER, ALONG AND ACROSS THE NORTHERLY 20 FEET.
4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED DECEMBER 23,1948 IN BOOK 3059, PAGE 321 OF OFFICIAL RECORDS.
PAGE 2
kMLj,
ORDER NO. 1240203-15
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 1631 ACCORDING TO MAP ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY
DEED RECORDED AUGUST 25, 1961 AS FILE NO. 149167 OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT
SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
"THE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT INTENTION OF THE
GRANTEE IS TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS
HEREBY CONVEYED IN FEE AND THE GRANTOR, FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, HEREBY WAIVES ANY CLAIMS FOR ANY AND ALL DAMAGES TO
GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE PROPERTY HEREBY
CONVEYED BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR
MAINTENANCE OF SAID HIGHWAY."
IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
6. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC UTILITIES AND RIGHT-OF-WAY
FOR ROAD, TOGETHER WITH SLOPE RIGHTS TO A MAXIMUM OF TEN (10) FEET
AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED APRIL 30,
1991 AS FILE NO. 91-0197546 AND RE-RECORDED AUGUST 21, 1991 AS FILE NO. 91-
0429143, BOTH OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID
EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF
RECORD.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
7. AN EASEMENT FOR INUNDATION OF LAND DURING FLOODING PERIODS AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL
CORPORATION, RECORDED MAY 2, 1996 AS FILE NO. 1996-0222578 OF OFFICIAL
RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 3
A I k
ORDER NO. 1240203-15
8. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS DISCLOSED
BY EXHIBITS C AND D ATTACHED TO DOCUMENT RECORDED MAY 2, 1996 AS FILE
NO. 1996-0222578 OF OFFICIAL RECORDS.
9. AN EASEMENT FOR ACCESS ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 2, 1996 AS
FILE NO. 1996-0222579 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
2001-2002 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMP1
09128
255-040-56-00
$0.00 INACTIVE
$0.00 INACTIVE $-o-
$-o-
$-o-
PAGE 4
ORDER NO. 1240203-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING To
MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 27,1890, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13, SAID NORTHWEST CORNER
BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTHERLY
LINE OF SAID LOT 13 NORTH 87003'30" EAST, 1,216.68 FEET TO THE CENTERLINE OF ROAD
SURVEY 454-A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED
DECEMBER 19, 1930, IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY,
ALSO KNOWN AS RANCHO SANTA FE ROAD; THENCE LEAVING SAID NORTHERLY LINE
OF LOT 13 SOUTHERLY ALONG THE CENTERLINE OF SAID ROAD SURVEY 454-A SOUTH
20009'53" EAST, 280.84 FEET; THENCE LEAVING SAID CENTERLINE OF ROAD SURVEY 454-
A WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH
87 003'30" WEST, 518.71 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTHERLY
SOUTH 02056'30" EAST, 150.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO
SAID NORTHERLY LINE OF LOT 13 SOUTH 87 003'30" WEST, 291.59 FEET; THENCE LEAVING
SAID PARALLEL LINE NORTHERLY NORTH 02056'30" WEST, 150.00 FEET; THENCE
WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH
87003'30" WEST, 490.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE LEAVING
SAID PARALLEL LINE NORTHERLY ALONG SAID WESTERLY LINE OF SAID LOT 13 NORTH
02°50'30" WEST, 268.25 FEET TO THE TRUE POINT OF BEGINNING.
MARCH 21.20009:12 AM CF
PAGE 5
G
-31- J
GUARANTEE
A M E R
First American Title Insurance Company
Fl Form No 1282 (Rev. 12115/95)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In
taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the
public records.
(C) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description
set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main-
tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and
specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed
to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-
judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee
mean
(a) the Assured the party or parties named as
the Assured in this Guarantee, or on a supplemental
writing executed by the Company
(b) -land" the land described or referred to in
Schedule (A)(C) or in Part 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 or referred to in Schedule (A)(C) or
in Part 2, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways
or waterways
(C) mortgage mortgage, 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
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge
(e) "date the effective date
2. Notice of Claim to be Given by Assured
Claimant.
An Assured shall notify the Company promptly in
writing in case knowledge 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 damage for
which the Company may be liable by virtue of this
Guarantee It prompt notice shall not be given to the
Company, then all liability of the Company shall termi-
nate with regard to the matter or matters for which
prompt notice is required, provided, 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 prejudice.
3. No 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
party, notwithstanding the nature of any allegation in
such action or proceeding
4. Company's Option to Defend or Prosecute
Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend
or prosecute as set forth in Paragraph 3 above'
(a) The Company shall have the right, at its sole
option and cost, to institute and prosecute any action or
proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest
as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the
Assured The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede lia-
bility or waive any provision of this Guarantee If the
Company shall exercise its rights under this paragraph,
it shall do so diligently
(b) If the Company elects to exercise its options as
stated in Paragraph 4(a) the Company shall have the
right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to rep-
resent the Assured and shall not be liable for and will not
pay the fees of any other counsel, nor will the Company
pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege
matters not covered by this Guarantee
(C) Whenever the Company shall have brought an
action or interposed a defense as permitted by the pro-
visions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from 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 proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the
defense of any action or proceeding, and all appeals
therein, and permit the Company to use, at its option,
the name of such Assured for this purpose Whenever
requested by the Company, an Assured, at the
Company's expense, shall give the Company all reason-
able aid in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the
action oriawlul 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
lien rights of the Assured If the Company is prejudiced
by the failure of the Assured to furnish the required
cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate
5. Proof of Loss or Damage.
In addition to and after the notices required under
Section 2 of these Conditions and Stipulations have
been provided to the Company, a proof of loss or dam-
age signed and sworn to by the Assured shall be fur-
nished to the Company within ninety (90) days after the
Assured shall ascertain the facts giving rise to the loss
or damage. The proof of loss or damage shall describe
the matters covered by 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 provide the required proof of loss or
damage, the Company's obligation to such Assured
under the Guarantee shall terminate In addition, the
Assured may reasonably be required to submit to exam-
ination under oath by any authorized representative of
the Company and shall produce for examination,
inspection and copying, at such reasonable times and
places as may be designated by any authorized repre-
sentative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage Further, if
requested by any authorized representative of the
Company, the Assured shall grant its permission, in
writing, for any authorized representative of the Com-
pany to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which reasonably
pertain to the loss or damage. All information desig-
nated as confidential by the Assured provided to the
Company pursuant to this Section shall not be disclosed
to others unless, in the reasonable judgment of the
Company, it is necessary in the administration 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 information from third parties as required
C ,/-3r'
c-31
GUARANTEE
AMEj 1
'.4
First American Title Insurance Company
Form No 1282 (Rev. 12/15/95)
ORDER NO. 158440-M
FW
SCHEDULE A
PROPERTY OWNER'S NOTICE GUARANTEE
LIABILITY $200.00 FEE S125.00
NAME OF ASSURED: THE CITY OF CARLSBAD
2. DATE OF GUARANTEE: 10-31-01
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
THAT. ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL (ASSESSMENT ROLL")
IN THE OFFICE OF SAN DIEGO COUNTY ASSESSOR'S OFFICE
A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE SHOWN ON THE
ASSESSMENT ROLL AS OWNING REAL PROPERTY WITHIN 600 FEET OF THE
LAND IDENTIFIED ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL
NUMBER(S):
255-040-56
255-031-03
B. THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY ADDRESSES SHOWN
BELOW ARE AS SHOWN ON THE ASSESSMENT ROLL
Form 1349
CLTA Guarantee Face Page
(Rev)sed 1215 95)
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
First America,, Title Insurance Company
a corporation. herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability
amount stated in Schedule A. which the Assured shall sustain by reason of any incorrectness in the
assurances set forth in Schedule A.
First American Title Insurance Company
BY PRESIDENT
8Y
?1ZL#
AUTHORIZED SIGNATORY fF
(5 continued)
in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for
that claim
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the
Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle
or compromise for or in the name of the Assured any
claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount
of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienliolder, the
Company shall have the option to purchase the indebt-
edness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reason-
able attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the
Company up to the time of purchase.
Such purchase, payment or tender of 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 the
Assured the Company offers to purchase said indebted-
ness, the owner of such indebtedness shall transfer and
assign said indebtedness, together with any collateral
security, to the 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 the Assured under this Guarantee forthe claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation,
(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
against 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-
edto pay.
Upon the exercise by the Company of the option
provided for in Paragraph (b) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4.
7 Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against
tui monetary loss or damage sustained or incurred
by inc Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set forth
in this Guarantee and Only to the extent herein
described and subject to the Exclusions From Coverage
of This Guarantee
flit liability of tne Company under this Guarantee
to the Assured shalf not exceed the least of:
(a) the amount of liability stated in Schedule A or
in Part 2:
(b) the amount of the unpaid principal indebted-
ness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section
9 of these Conditions and Stipulations, at the time the
loss or damage assured against by this Guarantee
occurs, together with interest theron: or
(C) the difference between the value of the estate
or interest covered hereby as stated herein and the value
of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or
removes the alleged defect, lien or encumbrance, or
cures any other 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 shall not be
liable for any loss or damage caused 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 court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company 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.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. 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 the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance 'with these
Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shall vest in the Company unaffected by any act of
the Assured claimant.
The Company shall be subrogated to and be
entitled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been issued.
If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any per-
son or property necessary in order to perfect 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.
12. Arbitration.
Unless prohibited by applicable law, either the
Company or the Assured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out
of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitra-
ble 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 arbitrable matters when
the amount of liability is in excess of $1,000,000 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 upon the parties. 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 rendered by the Arbitrator(s) may be entered in
any court 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 the Rules may be obtained from the
Company upon request.
13. Liability Limited to This Guarantee;
Guarantee Entire Contract.
(a) This Guarantee together with all endorsements,
if any, attached hereto by the Company is the entire
Guarantee and contract between the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not
based on negligence, or any action asserting such
claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of
the Company.
14. Notices, Where Sent.
All notices required to be given the Uompany and
any statement in writing required to befumished the
Company shall include the numberofthis Guarantee
andshall be addressed to the Company at 1 First
American Way, Santa Ana, California 92707.
ou
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: OLIVENHAIN MUNICIPAL WATER DISTRICT
Description Amount
0 CU P02001 2,950,.0
8197 01-/04/02 0002 01 02
CGP 295000
Receipt Number: R0024854
Transaction Date: 01/04/2002
Pay Type Method Description Amount
Payment Check 008432 2,950.00
Transaction amount: 2,950.00