HomeMy WebLinkAboutCUP 02-05A; LOT 23 AUTO STORAGE FACILITY; Conditional Use Permit (CUP).
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR
DEPARTMENT
USE ONLY)
LI Administrative Permit
LI Administrative Variance
LII Coastal Development Permit ,Jeo2ooc,Ac
Conditional Use Permit t_'S
LI Condominium Permit
LII Environmental Impact Assessment
LI General Plan Amendment
LI Hillside Development Permit
LI Local Coastal Program Amendment
LI Master Plan
LI Minor Conditional Use Permit
LI Non-Residential Planned Development
LI Planned Development Permit
(FOR
DEPARTMENT
USE ONLY)
LI Planned Industrial Permit
LI Planning Commission Determination
LI Precise Development Plan
LI Redevelopment Permit
LI Site Development Plan
LI Special Use Permit
LI Specific Plan
LI Tentative Parcel Map
Obtain from Engineering Department
LI Tentative Tract Map
LI Variance
LI Zone Change
LI List other applications not specified
4
2) ASSESSOR PARCEL NO(S).: I —O3 -Soc
3) PROJECT NAME: t-OT ZI 17%-;C—.
4) BRIEF DESCRIPTION OF PROJECT:
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
t-t
Nt
MAILING ADDRESS ADDRESS MAILING ADDRESS
I LLQJ -16C e OLL \ LLA n_
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
s1 c.4 'izi2 L4 CtLi z
EMAIL ADDRESS: t-t (A-c z EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE ORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION jç Z C*s Tter t - 4 Ui.tr .j.. '.-j-p liZ. 1
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14
8) LOCATION OF PROJECT: --
ON THE SIDE OF ci r
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I 4 4 —tt I -AND
(NAME OF STREET)
C- 4 I I (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE Ft
10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER
RESIDENTIAL UNITS OF RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ 15) PROPOSED COMM
SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE 18) PROPOSED SEWER
PROJECT IN OPEN SPACE INADT USAGE INEDU
19) GROSS SITE ACREAGE
22) EXISTING ZONING
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
21) PROPOSED GENERAL
PLAN DESIGNATION
24) HABITAT IMPACTS
IF YES, ASSIGN HMP # YIN
25) 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 CONSENT
TO ENTRY FOR THIS PURPOSE
SIGNATURE
FOR CITY CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
RECEIVED
JAN 052007
DATE SAMAERLICATION RECEIVED
'JkNNJN RECEIVED BY: G DEPT
TOTAL FEE REQUIRED
Form 14
. .
Jqp~ DURKIN DEVELOPMENT CO.
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Re: Extension of Conditional Use Permit at 5819 Dryden Place
Dear Sirs:
On behalf of Durkin/Hoehn Lot 23, LLC, I would like to make a formal application to
extend our present Conditionals Use Permit for an additional five (5) years. Enclosed is a
completed application and the required checks. If you have any questions or need further
information., please contact me.
Thank you,
Michael kin
4660 LA JOLLA VILLAGE DRIVE. SUITE 1080 • SAN DIEGO. CALIFORNIA 92122 • TELEPHONE 64-9 535-3808 • FAX 009 535-3813
United Title Company
8880 Rio San Diego Drive, Suite 100, San Diego, Ca 92108
PRELIMINARY REPORT
Absolute Escrow
5208 Jackson Dr #113
La Mesa, Ca 91941
Attn.: CAREN CASH
Property Address: 5819 Dryden Place, Carlsbad, CA
Our Order No.: 40704118-41
Your Reference: DURKIN-CAC
When Replying Please Contact
United Title Company
8880 Rio San Diego Drive, Suite 100
San Diego, Ca 92108
(800) 424-8821 (619) 542-7193 FAX
Attn.: Teri Lyer
In response to the application for a Policy of Title Insurance, United Title 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, insunng against loss Which may be sustained by
reason of any defect, hen or encumbrance not shown or referred to as an exception herein and/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 and Limitations on Covered Risks of said Policy or
Policies of Title Insurance are set forth in Addendum A attached. The policy to be issued may contain an
arbitration clause. When the Amount of insurance is less than that set forth in the arbitration clause, all arbitrable
matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set
forth in Addendum A. Copies of the Policy forms should be read. They are available from the office which issued
this report.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth In
Addendum 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 Policy or Policies of Title Insurance 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 (arid any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability
be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be
requested.
Dated as of October 17, 2007, at 7:30 am.
Teri Lyer
RECEIVED
Teri Lyer
Title Officer OCT 302007
CITY OF CARLSBAD
PLANNING DEPT
t 4
ORDER NO 40704118-41
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS
VESTED IN:
DURKIN/HOEHN-LOT 23, LLC
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS
FOLLOWS:
SEE EXHIBIT "ATM ATTACHED HERETO AND MADE A PART HEREOF
Mm
ORDER NO 40704118-41
EXHIBIT "A"
LOT 23 PF CARLSBAD TRACT NO., 81-46 UNIT NO. 1, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO.. 11287, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985.
-3-
ORDER NO 40704118-41
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH
TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2007-2008 WHICH ARE
A LIEN NOT YET PAYABLE.
2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND
ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR
2007-2008.
1ST INSTALLMENT: $3,786.86 UNPAID
2ND INSTALLMENT: $3,786..86 UNPAID
EXEMPTION: NONE
CODE AREA: 09104
PARCEL NO.: 212-091-03
3. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW:
ASSESSMENT
(OR BOND) NO.:
SERIES:
DISTRICT:
FOR:
BOND ISSUED:
ORIGINAL AMOUNT:
NONE
85-2
CARLSBAD
1915 ACT-COLLEGE BLVD
MARCH 25, 1986
$ N ONE
4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICT
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT
MAPS OR NOTICES FILED BY SAID DISTRICTS.
5. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY THE PUBLIC RECORDS.
6. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL
PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY,
RECORDED APRIL 15, 1954 IN BOOK 5205, PAGE 416 OF OFFICIAL
RECORDS, LOCATED WITHIN LOT 23 AS SHOWN ON SAID MAP NO.
11287
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
-4-
ORDER NO 40704118-41
7. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON
THE MAP OF THE SUBDIVISION SHOWN BELOW:
MAP NO,.: 11287
PROVISIONS: DECLARANT AGREES TO INDEMNITY AND HOLD
THE CITY OF CARLSBAD HARMLESS FROM AND
AGAINST (1) LIABILITY FOR PERSONAL
INJURY, (2) LIABILITY FOR PROPERTY
DAMAGE, AND (3) LIABILITY RESULTING FROM
JUDGMENTS RENDERED IN INVERSE
CONDEMNATION ACTIONS. THIS
INDEMNIFICATION SHALL APPLY TO THE
FOREGOING TYPES OF LIABILITY WHICH ARE
CAUSED BY OR RESULT FROM (1) THE
OPERATION OF THE PALOMAR AIRPORT, (2)
AIRCRAFT USING PALOMAR AIRPORT OR (3)
THE CITY'S APPROVAL OF THE FINAL MAP FOR
THIS PROJECT. THIS INDEMNIFICATION SHALL
APPLY TO THAT PORTION OF THE PROJECT
LOCATED WITHIN THE FAA CLEAR ZONE" OR
"CRASH ZONE" AS IDENTIFIED ON THE
ENVIRONMENTAL IMPACT REPORT (EIR31- 6)
PREPARED IN CONNECTION WITH THE
DECLARANTS APPLICATION FOR A FINAL MAP
FOR THE PROJECT. THIS PROVISION SHALL BE
BINDING UPON AND SHALL INURE TO THE
BENEFIT OF DECLARANTS SUCCESSORS-IN-
INTEREST, TRANSFEREE, AND ASSIGNS, UPON
THE TRANSFER OR ASSIGNMENT OF THE
PROPERTY MAKING UP THE PROJECT,
DECLARANT SHALL BE RELIEVED OF ALL
OBLIGATIONS, DUTIES, RESPONSIBILITIES,
AND LIABILITIES IMPOSED UPON IT BY THIS
INDEMNIFICATION, PROVIDED THAT
DECLARANTS SUCCESSOR EXPRESSLY ASSUMES
SUCH OBLIGATIONS. THIS PROVISIONS SHALL
RUN WITH THE LAND.
-5-
ORDER NO 40704118-41
8. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE
DOCUMENT
RECORDED: SEPTEMBER 12, 1986 AS INSTRUMENT NO. 86-
401456 OF OFFICIAL RECORDS
BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS
EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS.
NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE
FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED
ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT
RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND
IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956..1 OF
THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND
FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR
HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A
VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE
OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
AN EASEMENT FOR COMMON AREA AND INCIDENTAL PURPOSES AS SET
FORTH IN THE INSTRUMENT ABOVE MENTIONED.
MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND
RESTRICTIONS
RECORDED: JANUARY 28, 1987 AS INSTRUMENT NO. 87-
048040 OF OFFICIAL RECORDS.
9. AN EASEMENT FOR COMMON AREA AND INCIDENTAL PURPOSES IN FAVOR
OF CARLSBAD AIRPORT CENTRE, OWNERS ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION, RECORDED OCTOBER 31,
1986 AS INSTRUMENT NO. 86-497819 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
AS FULLY DESCRIBED IN THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR CARLSBAD AIRPORT CENTRE, SAN
DIEGO COUNTY, CALIFORNIA RECORDED SEPTEMBER 12, 1986 AS
INSTRUMENT NO.. 86-401456 OF OFFICIAL RECORDS.
ORDER NO 40704118-41
10. AN AGREEMENT REGARDING RIGHT-OF-WAY USE, DATED NOVEMBER 12,
1986, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC
COMPANY AND CARLSBAD AIRPORT
CENTRE, A CALIFORNIA LIMITED
PARTNERSHIP
RECORDED: NOVEMBER 18, 1986 AS
INSTRUMENT NO. 86-529968 OF
OFFICIAL RECORDS.,
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
11. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES
AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION
FACILITIES, AND APPURTENANCES, THE RIGHT OF INGRESS AND
EGRESS, TO, FROM AND ALONG AND INCIDENTAL PURPOSES IN FAVOR
OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 12,
1987 AS INSTRUMENT NO. 87-328080 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
THAT CERTAIN STRIP OF LAND 6.00 FEET IN WIDTH, LYING WITHIN
SAID LOTS 2, 15, 17, 23 AND 25, LYING ADJACENT TO AND
COINCIDENT WITH THE EXTERIOR BOUNDARIES OF "PALOMAR AIRPORT
ROAD", "CAMINO VIDA ROBLE, "PALOMAR OAKS WAY", "DRYDEN
PLACE," "OWENS AVE -, AND "WRIGHT PLACE", ALL STREETS
AS SHOWN AN DELINEATED ON SAID MAP NO. 11287,
EXCEPTING THEREFROM, THAT CERTAIN STRIP OF LAND 6.,00 FEET
IN WIDTH, LYING WITHIN SAID LOTS 13 AND 15, LYING A
ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY
OF SAID "WRIGHT PLACE".
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND.
12. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES,
CONSISTING OF TWO (2) CONDUITS AND (1) ONE HAND HOLE
(JUNCTION BOX) FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, COMMUNICATION FACILITIES CONSISTING OF TWO (2)
CONDUITS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS
AND ELECTRIC COMPANY, A CORPORATION, RECORDED JANUARY 22,
1999 AS INSTRUMENT NO. 99-0037431 OF OFFICIAL RECORDS,
LOCATED WITHIN A PORTION OF LOT 23.
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 DOCUMENT FOR FULL PARTICULARS.
AFFECTS LOT 23
-7-
ORDER NO 40704118-41
13.. A DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
RECORDED JUNE 14, 2001 AS INSTRUMENT NO.. 2001-0399150 OF
OFFICIAL RECORDS.
AFFECTS LOT 23
14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS
INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: MICHAEL J DURKIN AND SHERYL K DURKIN,
TRUSTEES OFT EH DIJRKIN FAMILY TRUST
DATED JUNE 10, 1999
(NO REPRESENTATION IS MADE AS TO THE
PRESENT OWNERSHIP OF SAID EASEMENT)
PURPOSE: PRIVATE DRAINAGE
RECORDED: JUNE 10, 2002 AS INSTRUMENT NO. 02-
0488314 OF OFFICIAL RECORDS
AFFECTS: THAT PORTION OF SAID LAND DESCRIBED
THEREIN. REFERENCE IS MADE TO SAID
DOCUMENT FOR FULL PARTICULARS.
15. AN INSTRUMENT UPON THE TERMS AND CONDITIONS CONTAINED
THEREIN.
ENTITLED: AIRCRAFT OPERATIONS, SOUND, AIR SPACE
AND AVIGATION EASEMENT DEED CASE NO. CUP
02-05
RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02-
550 472
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
:
ORDER NO 40704118-41
16. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE
DOCUMENT
RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02-
0550705 OF OFFICIAL RECORDS
BUT OMITTING ANY COVENANT OR RESTRICTION BASED UPON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS
EXEMPT UNDER TITLE 42, SECTION 3607 OF THE UNITED STATES
CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS..
NOTE: SECTION 12956..1 OF THE GOVERNMENT CODE PROVIDES THE
FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED
ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT
RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND
IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF
THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND
FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR
HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS
RESTRICTIONS BASED ON FAMILIAL STATUS.
17. AN INSTRUMENT UPON THE TERMS AND CONDITIONS CONTAINED
THEREIN..
ENTITLED: NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL
IMPACTS CASE NO. CUP 02-05
RECORDED: JUNE 28, 2002 AS INSTRUMENT NO. 02-
0550708
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
18. A CONSENT AGREEMENT, REGARDING NEW VEHICLE STORAGE LOT,
RECORDED NOVEMBER 9, 2006 AS INSTRUMENT NO. 06-800404
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS..
19,. NOTE: PLEASE BE ADVISED THAT WE DO NOT FIND ANY OPEN DEEDS
OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY
OUTSTANDING OBLIGATION, PLEASE CONTACT THIS OFFICE
IMMEDIATELY FOR FURTHER REVIEW..
20. THIS COMPANY WILL REQUIRE THE FOLLOWING IN ORDER TO ISSUE A
POLICY INSURING TITLE IN, OR A CONVEYANCE FROM, THE ENTITY
NAMED BELOW:
NAME: DURKIN/HOEHN-LOT 23, LLC
(A) A COPY OF THE ARTICLES OF ORGANIZATION (LLC-1) WHICH
HAS BEEN FILED WITH THE SECRETARY OF STATE, AND ALL
AMENDMENTS THERETO.
ORDER NO 40704118-41
(B) A COPY OF THE OPERATING AGREEMENT FOR SAID COMPANY,
TOGETHER WITH A CERTIFICATION BY THE MANAGER(S) OF THE
COMPANY STATING THAT IT IS A TRUE AND CORRECT COPY OF
THE CURRENT OPERATING AGREEMENT.
(C) (IF SAID COMPANY IS MANAGED BY ITS MEMBERS) A CURRENT
LIST OF THE NAMES OF ALL OF THE MEMBERS OF THE COMPANY
(D) (IF SAID COMPANY WAS FORMED IN A STATE OTHER THAN
CALIFORNIA) A CERTIFICATE OF GOOD STANDING FROM THE
STATE IN WHICH SAID COMPANY WAS FORMED, TOGETHER WITH A
CERTIFIED COPY OF THE APPLICATION FOR REGISTRATION
(LLC-5) WHICH WAS FILED WITH THE CALIFORNIA SECRETARY
OF STATE.
21. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT
WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS
OR ENCUMBRANCES THEREON.
PARTIES: ALL PARTIES TO THIS TRANSACTION
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO
COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS
ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED
BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF
CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN
FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE
ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND
WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
-10-
ORDER NO 40704118-41
UNITED TITLE COMPANY
NOTES
22. NOTE: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA
LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN
REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE
ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM
COVERAGE CONTAINED THEREIN:
LOAN POLICY EXCLUSION:
ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE
INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON
OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR
SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON:
(I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED
MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(II) THE SUBORDINATION OF THE INTEREST OF THE INSURED
MORTGAGEE AS A RESULT OF THE APPLICATION OF THE
DOCTRINE OF EQUITABLE SUBORDINATION; OR
(III)THE TRANSACTION CREATING THE INTEREST OF THE INSURED
MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT
WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE
FAILURE:
(A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A
PURCHASER FOR VALUE OR A JUDGMENT OR LIEN
CREDITOR.
OWNER'S POLICY EXCLUSION:
ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN
THE INSURED, THE ESTATE OR INTEREST INSURED BY THIS POLICY,
BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE
INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED
ON:
(I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED
BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED
BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER
EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE
FAILURE:
(A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A
PURCHASER FOR VALUE OR A JUDGMENT OR LIEN
CREDITOR.
-11-
ORDER NO 40704118-41
23. CALIFORNIA INSURANCE CODE 12413..1 REGULATES THE DISBURSEMENT
OF ESCROW AND SUB ESCROW FUNDS BY TITLE COMPANIES. THE LAW
REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW
ACCOUNT AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT.
FUNDS DEPOSITED WITH THE COMPANY VIA WIRE TRANSFER MAY BE
DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA
CASHIER'S OR TELLER'S CHECKS DRAWN ON A CALIFORNIA-BASED
BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF
DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER
METHODS, RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL
ESCROW AND SUB-ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE
DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON-
INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A
FINANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY
AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR
INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON
OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH
ACCOUNTS WITH SUCH FINANCIAL INSTITUTION, AND THE COMPANY
SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY
IN ANY MANNER FOR THE VALUE OF, OR TO PAY TO SUCH PARTY, ANY
BENEFIT RECEIVED BY THE COMPANY AND/OR ITS PARENT COMPANY.
THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS
ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE
COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON
INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS,
ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF
SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED
ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN
CONNECTION WITH THE ESCROW OR SUB-ESCROW.
IF FUNDS ARE TO BE DEPOSITED WITH UNITED TITLE COMPANY BY
WIRE TRANSFER, THEY SHOULD BE WIRED TO THE FOLLOWING
BANK/ACCOUNT:
CCMERICA BANK
2321 ROSECRANS AVENUE, SUITE 5000
EL SEGUNDO, CA 90245
* ACCOUNT NO.: 1891611541
ABA NO.: 121137522
REFERENCE: 40704118-41
SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF
ESCROW, PLEASE BE ADVISED THAT WIRING INSTRUCTIONS SHOULD BE
RECEIVED AS SOON AS POSSIBLE.
A SERVICE CHARGE WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS
COMPANY BY OUTGOING WIRE TRANSFER.
24. THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT-TERM
RATE.
WARNING
-12-
ORDER NO 40704118-41
25. THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE
LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY
PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF
THE PARCEL OR PARCELS DEPICTED. THIS COMPANY EXPRESSLY
DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY
RESULT FROM RELIANCE UPON THIS MAP.
26. NOTE: A COPY OF THIS COMPANY'S PRIVACY POLICY NOTICE IS
ATTACHED HERETO FOR YOUR REVIEW. IF, FOR ANY REASON, YOU DO
NOT FIND IT ATTACHED AND YOU WISH TO REQUEST A COPY, PLEASE
CALL OUR TOLL-FREE NUMBER: (800) 464-4882.
-13-
ORDER NO 40704118-41 Va.1.J2/a-* 0
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This map Is not a survey. Ws merely a convenience to juxtapose the land to adjoining streets and
other lands and not to guarantee any dimension, bearings, or acreage.
E,
City of Carlsbad
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal
oroanization. corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must
be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names,
title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS
OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the
corporate officers. (A separate page may be attached if necessary.)
PersonMi\-t-L.. tLl"- Corp/Part______________________
Title— tt€* 8i2 _ Title______________________________
Address Address____________________________
4L L cc4..A \) i LL44 1t tSO
t ='' C C#— c:: 2_-
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
L LC
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Title - Titlo 444 P,.is &i
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.c,.carlsbad ca.us
. .
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
El Yes II4Jo If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all ihe above information is true and correct to the best of my knowledge.
-7zL----- zf/o7
Signature of o ner/date Signature of alicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent