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HomeMy WebLinkAboutHDP 88-03; VISTA DE LA VALLE; Hillside Development Permit (HDP), City of Carlsbad One Single ' !' 21}7.5 Las' Palmas Drive Carhtbt4d, 'CA 92009 • • Family Home: No Char '.1 (tlt9) '138-1161 ' . ' All Other Applications Based on Project Site Size: PLANNING 'DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM' Complete Description of Project. (attach additional sheets ,if ne~essaryJ o -1 Acres o -to Acres 10 -100 Acres .> 100 Acres A 35-Unit Single Family Residential Subdivision called vista De La Valle Location of Project East on the extension of wintergreen Drive and east and south of Hosp Way Permit/File Numbers Associated with this Project C.T. 88-2; P.U.D. 88-2 Legal Description (complete) Lots 1 through 8 inclusive and Lots 11 through 14 inclusive 84-3':> 50.00 100.00 200~00 . 400 • 0 0 :',::~ ~{ ~n tbe City of Carlsbad, County of San Diego, State of California, according to ~D t1-J.ereof No. 11973, filed in the office of the County Recorder of Sa."1 Dr-ego, December 11,;l98.~, Loc;:a/ Facility Management Zone Assessors Parcel Number ZONE 1 '. 167-250-03 .. ~~----------~~~~~--------------;-------~~~--~~~---------------Zone' General Plan Existing Land Use RDlVI-:-Q R ... 1I.1 (4-8 DulAC) Vacant ~oposed Zone Proposed General Plan RDH-Q rul (4.-8 DulAC) Owner Name (Print or Typel Site Acreage 8.2 Acres Applicant Name (Print or Type) WESCO . HOMES, .INC. NESCO : HOMES , . INC. :-;--~--:--:-:------------------+----:-:-~--=--:-:------------.: .. : .. ::: Mailing Address Mailing Address 2354 '-C ' BI d S 'te 2"0 23545 Crenshaw Blvd., Suite 200 ~ rensnaw v., Ul .v City and State Torranc'e, CA· Zip 90505 Telephone (213) 539-9579 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMA 110N IS TRUE AND CORRECT TO-THE BEST OF MY KNOWLEDGE. 'SIGNATURE /JUCt; 1f~;«.4DATE 5-4-9t3 PROJECT NUMBER (5) tlDP 8}5-3 City and State To;r-rance, CA Zip 90505 Telephan' (213) 539-9579 .1 CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE (,A/ecec ~ ~o'ATE b:..,'l-8e> £ 1 • '. Form No. 1068-1 (6/87) EXhibit.A to Preliminary Report I - Preliminary Report First American Title Insurance Company , - \(~I c. -'" '-.--v ~ __ ,C, ~~-. .._.' EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STAN DARD' COVERAGE POLICY -1973 SCHEDULE B This policy does not Insure agalnstlo~ or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: P'!rt I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or ROtiCes of suc!} proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained byan inspection of the land or by making inquiry of per- sons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any otherfacts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tilie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, tilie, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A. or In abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing In this paragraph shall modify or limit the extent to which the ordinary right of an abutting ownerfor access to a physically open street or highway Is Insured by this policy. 7. Any law, ordinance orgovernmental regulation(lncluding but not limited to building and zoning ordinances) restricting orregulating or prohibiting the occupancy, use or e-njoyment of the land. or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separationJn ownersh ip or ~ change in the dimensions orarea of the land orany parcel of which the land is orwas a pari, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation. whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defectlj, liens, ~ncumbrances, adverse claims, or other mailers (a) whether or not shown by the public records at date of policy, but created, caused, suffered, assumed or agreed to Py the Insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but «nown to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insllred by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequentto Date of Policy; or (e) resulting In loss or damage which would not have been sustained ilthe insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance orgovernmentalregulation(including but not limited to building and zoning ordinances) restricting orregulating orprohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions of area of the land, or the effect of any violation of any such law, ordinance or .governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects,liens, encumbrances, adverse claims, orothermatters (a) created, suffered, assumed oragreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest by this policy and not disclosed in writing by the insured clalmanlto the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damag,e to the insured claimant; (eI) altachl"g or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest insured by this policy. 3_ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17·70) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown In parts one and two following: Part One: 1. Taxes or assessments which are not shown 81 existing liens by the records of any ta'xlng authority that levies iaxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained byan inspection of said land or by making Inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are I)ot shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose: and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. S. Any lien, or right to a lien. for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. -. " -.: ORDER NO. 956386-.19 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808") SAN DIEGO;' CALIFORNIA 92101 (619) 238-1776 FEBRUARY 5, 1988 FIRST AMERICAN TI~LE INSURANCE COMPANY ESCROW DEPARTMENT 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 ATTN: KATE NEMEC YOUR REF: 956386-G OUR ORDER NO. 956386-19 BUYER: WESCO HOME INC. DATED AS OF FEBRUARY 3, 1988 AT 7:30 A.M. ~/.~ KENNETH T. BROWN/kk TITLE OFFICER THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: FIRST DARTHRON ASSOCIATES TO BE VESTED IN" WESCO HOMES, INC., A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ,(SEE ATTACHED LEGAL DEScRIPTION) PAGE 1 :.-- ORDER NO. 956386-19 AT THE DATE HEREOF 'EXCEPTIONS TO C'OVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED-IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND ·TAXATION CODE. 2. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN· DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. AN EASEMEN~ FOR THE PURPOSE OF ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION AND/OR EMBANKMENT FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, 'RECORDED APRIL 21, 1971 AS FILE NO. 79564 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 4. THE WESTERLY 15.00 FEET OF THE NORTHERLY 244.20 FEET OF THE SOUTHERLY 924.20 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32. 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. REFERENCE IS MADE _TO SAID INST~UMENT FOR FURTHER PARTICULARS. AT THE DATE OF SAID INSTRUMENT SAID BRITISU COLUMBIA INVESTMENT " COMPANY-, A CALIFORNIA CORPORATION, HAS NO RECORD INTEREST IN SAID LAND NOR SINCE ACQUIRED ANY. 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 MAY 28, 1974 AS FILE NO. 74-138552 OF OFFICIAL RECO~DS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, BEING 5.00 FEET MEASURED AT RlGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 2 .:.~;:::.' -- •• .'~ •• ., _0 • ..._ '.' ........ _ _ _ _ .. ....... • -....... -.. .~ ORDER NO. 956386-19 COMMENCING AT THE SOUTHWEST CORNER OF sAID SECTION 32, SAID .. ;::~~ SOUTHWEST CORNER BEARS SOUTH 1° 03' 10" WEST· FROM THE WEST QUARTER CORNER THEREOF; THENCE FROM SAID SOUTHWEST CORNER NORTH 20°11'26" EAST, 2373.78 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 26°16'12" WEST, 27.35 FEET TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMEN~ FOR FURTHER PARTICULARS. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $566,600.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 10, 1984 AS FILE NO. 84-306075 OF OFFICIAL RECORDS. DATED: JULY 26, 1984 . TRUSTOR: FIRST DARTHRON ASSOCIATES, A CALIFORNiA GENERAL PARTNERSHIP . TRUSTEE: SAFECO TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: BANK OF THE OCEAN, A CALIFORNIA BANKING CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO THE HOME INSURANCE COMPANY BY ASSIGNMENT RECORDED MARCH 24, 1987 AS FILE NO.·" 87-153114 OF OFFICIAL RECORDS. 6. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 29, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. . EXECUTED BY AND BETWEEN: FIRST OARTHRON ASSOCIATES, A RECORDED: SEPTEMBER 27, 1984 RECORDS. PARTNERSHIP CARLSBAD, A OF THE STATE AS FILE NO. AND THE CITY OF MUNICIPAL CORPORATION OF cALIFORNIA. 84-367.638 OF OFFICIAL 7 .. · THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OR INGRESS OR EGRESS TO OR FROM WINTERGREEN DRIVE EXCEPT AT ACCESS OPENINGS 1 THROUGH 6 AD- :.,: ~-:. ; i JACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP 11973. . ;'.f 8. LOTS 11 THROUGH 14 ARE DESIGNATED AS "RECREATION OPEN SPACE AREA". 9. AN EASEMENT FOR DRAINAGE 15' IN WIDTH IN FAVOR OF THE CITY OF CARLSBAD, AND INCI- DENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 3. ORDER NO.: 956386-19 10. AN EASMENT FOR PUBLIC UTlLITY 15' IN WIDTH AND INCIDENTAL PURPOSES AS DE- LEANTED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY/TERMS AND CONDITIONS CONTAINED THEREIN THEREIN. ,. AFFECTS LOT 4. 11. AN EASEMENT FOR WATER 15' IN WIDTH IN FAVOR OF TijE CITY OF' CARLSBAD, AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 6 12. A·PROPOSED PRIVATE ROAD AND UTILITY EASEMENT FOR THE BENEFIT OF LOTS 9 AND 10 AFFECTS LOT 8. , 13. A PROPqSED PRIVATE ACCESS AND UTILITY EASEMENT FOR THE BENEFIT OF LOT 4. AFFECTS LOT 5. 14. AN EASEMENT FOR PUBLIC UTILITY ~~ GENERAL ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP 11973, SUBJECT TO ANY TERMS AND CONDI- TION CONTAINED THEREIN. AFFECTS LOTS 7 AND 8. 15. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SEC- TION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DED- ICATION OF PORTIONS OF LOTS 7 AND 13 RESERVED FOR FUTURE STREET PURPOSES, AS SHOWN ON THE MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DED- ICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. 16. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM WINTERGREEN DRIVE FROM PORTION. OF LOTS 7 AND 13 RESERVED FOR FUTURE STREET PURPOSES ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISH- ED ON MAP NO. 11973. 17:' PRIVATE ROAD EASEMENT IN LOTS 7 AND 8 TO BE KNOWN AS DOREET WAY. 18. NOTE ON MAP.11973, LOTS 1 THROUGH 8 ARE FOR CONDOMINIUM UNITS, AND TO OONTAIN A MAXUruM OF 75 DWELLING UNITS. 19. NOTE-ON MAP 11973. NO LOT WITHIN THIS SUBDIVISION MAY BE FURTHER SUBDIVIDED. 20. AN AGREEMENT REGARDING GRANT OF EASEMENTS, DATED AUGUST 31, 1987, UPON .TH~. TERMS, COVENANTS, AND CONDITIONS CONTAINED·THEREIN. EXECUTED BY AND BETWEEN: ~ PUEBLO DE ORO, LTD., A CALIFORNIA LIMITED PARTNERSHIP AND FIRS~ DARTHRON ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP RECORDED: . OCTOBER 20, 1987 AS FILE NO. 87-590320 OF OFFICIAL RECORDS. PAGE 4 ' ..... • •••••• ' .# ;;: ..... , ..... __ e., ORDER NUMBER: 954386-19 21. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED NOV- EMBER 18, 1987, UPON THE TERMS, COVENANTS, AND CO,NDITIONS CONTAINED THERE- IN. . • EXECUTED BY AND BETWEEN: FIRST DARTHRON ASSOCIATES AND THE CITY OF CARLS- BAD.· RECORDED: DECEMBER 21, 1987 AS FILE NO. 87-699369 OF OFFICIAL RECORDS. 22. -THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY ~ILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 23. . COMPANY BE FURNISHED A COpy OF THE THE REQUIREMENT THAT THIS ALL PARTNERSHIP AGREEMENT FOR FIRST DARTHRO:N ASSOCIATES AND AMENDMENTS THERETO. 1987-88 TAX INFORMATION: CODE; ARF;A: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09000 167-250-03 $4,428.20 PAID $4,428.20 P}J!' $697,068.00 $135,252. nn $-0- PAGE 5 ;' .. . .. ::w:::":; ~~: .. " J •. ~ ORDER NO.: 956386-19 LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROOUGH 8 INCLUSIVE AND LOTS 11 THROUGH 14 INCLUSIVE OF CARLSBAD TRACT NO. 84-33, IN THE CITY OF CARLSBAD, COUNTY OF ·SAN DIEGO, ST.A:TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11973, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 11, 1987. PAGE 6 ." .", :~~ :~~?' .; • 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1970 WITH A.L.T •• DORSEMENT FORM 1 COVERAGE (AME.10.17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land. or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effe~t of any violation of any such law, ordinance or governmental regulation. 2. Rights of emi:1ent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date oi Policy. 3. Defects, liens, encumbrances, adverse claims, orothermalters (a) created, suffered, assumed or agreed.o by the insured claimant; (b) not known tq the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an • insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching orcreated subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material orto the extent insurance is afforded herein as to assessments for street improvements under construc-:: : tion or completed at Date of Policy). -• 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (AMENDE!;> 10-17-70) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage. Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE; B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any laxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, orclaimswhich are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. S. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S_ AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1987 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (-6/87) EXCLUSIONS FROM COVERAGE The following matters argexpressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, orregulations) restricting, regulating. prohibit· (b) ing or relating to (ij the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area olthe land or any parcel of which the land is orwas a part; or (iv) environmental protection, orthe effect of any violation of these laws, ordinances orgovernmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Anygovernmental police power not excluded by (a) above. except to the extent that a notice ofthe exercise thereof ora notice of a defect, lien or encumbrance resulting from a violation or.alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recordedin the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of POlicy, but known tothe insured claimant arid not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching orcreated subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien olthe insured mortgage over any statutory lien for services, labor or material orthe extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceabilityof the lien of the insured mortgage because of the inability or failure olthe insured at Date of Policy, orthe inability or failure of any subsequent owner -::::: of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5. Invalidity or unenforceability olthe lien olthe insured mortgage, or claim thereof, which arises out olthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. S. Any statutory lien for services, labor ormaterials(or the claim of priority of any statutory lien for services, labor or materials overthe lien of the insured mortgage) aris- ing from an improvement orwork related tothe land which is contracted fo'rand commenced subsequent to Date of Policy and is notfinanced in whole or in part bypro- ceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. AM ERICAN LAND TITLE ASSOCIATION LOAN POLICY -1987 (S/87) • WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph S above are used and the following exceptions to coverage appear in the policy. (continued on back) • . • SCHEDULE B • . This policy '!oes not Insure against loss or damage (a.. e Company will not pay costs, attorneys' fees or expe s) which arise by reason of: . 1.' • Thx~s or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the , public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained byan Inspection of said landorby making Inqulryof per- sons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. I). Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor ·or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1987 (6/87) EXCLUSIONS FROM COVERAGE The following maflers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) (b) Any law, ordinance or governmental regulafion (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibit- ing or relating '0 (Q the occupancy, use, or enjoyment of the land; (i9 the character, dimensions or location of any Improvement now or herelilft~r erected on the land; (iiQ a separation in ownership or a change In the dimensions or area olthe land or·any parcel of which the land Is orwas a part; of (Iv) environmental. protection, orthe effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violatioR or alleged viOlation affecting the land has been recorded In the public records at Date of Policy. . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking whlch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: . (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy. but known tothe insured claimant and not disclosed in writing to the Company by th.e insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the In;ured claimant had paid value for the estate or Interest Insured ~y this policy. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY -1987 (6/87) WITH REGIONAL EXCEPTiONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, orclaimswhich are not shown by the public records but which could beascertairied byan Inspection of said land orby making Inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary liries, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ·1987 EXCLUSIONS In addition to the Exceptions In Schedule S. you are ~ot Insured against loss, costs, attorneys' fees and exp~nses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws - and regulations concerning: • land use • land division • Improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at PoliCy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Titie Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you. but not to us, on the Policy Date -unless they appeared In the public records. • that result In no loss-to you • that first affect your title after the Policy Date -this does not limit the labor and inateriallien coverage in item 8 of Covered Titie Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A. o·r • in streets, alleys. or waterways that to'Jch your~and .' " ." ,." < \'. . !:'I·~.!Y .. ·.·.,· ... , ... ·.;A.,·~ .......... [1.' .....•.. ;.""Y.: .' .... )' '.1', i,.J ... : .... ~,! .. J .. v.u'».·. ;~;~~.~ ........ , --+-.tb"' ..... lt.'-"'~~.." ...... t.,.:. .... !o!~ .. -tiL ..... .,.:....L..I.. ............ _;;;:... ... .,..:;:"1::/-. -r-' -"" ......... 'L....,.. . .;:.....:I ~~. "'"--____ ...,..,.--, __ DATE .. , J ;1" y ~ " DESCRIPTION .. T()T~L do . I • DISCLOSURE FORM APPLICANT: WESCO HOMES, INC.. . . Name (individual, partnership, joint venture, corporation, syndication) AGENT: MEMBERS: 'N -e=6CD i-+CYVt F. S '):N(. . A t?-\ U poQ jUt A-t!tf2.£. 23545 Crenshaw Blvd., Suite 200 Torrance, CA. 90505 Business Address (213) 539-9579 Telephone Number RICK ENGINEERING COMPANY Name 365 South Rancho Santa Fe Rd., Suite 100 San l'~arcos,CA. 92069 Business Address (619) 744-4800 Telephone Number ',0 M f· C u L-l C ~ ((t-tA-ru-: H-Pl-Olea.) Name (individual, pitrtner, joint venture, corporation, syndication) Business Address {U(3) ~3'1-q 5,Q Home Address llDLUI0() 1+tL.L.5 GS ~~S-/ t..A: ~rtS$<. Telephone Number Telephone Number . )'"3r:t1~c.rL~s/;~ ~ To (2..12 tm.ru;:. (CA q~?>,("' '='"'N'-Oa-m-e------------Home Address DPrrc OF j,uCc0f. A9nA11.{ lC18h Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I tWe understand that if this project is located in the Coastal Zone, I twe will apply for Coastal Commission Approval prior to development. I tWe acknowledge that 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 to entry for this purpose. I tWe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. \,msco 'HOMES , INC. APPLICANT RICK ENGINEERING COMPANY I ~~A~~ln~Lc~~~~~W:~ 365 SO. RANCHO SANTA FE ROAD • SUITE 100 SAN MARCOS, CALIFORNIA 92069 0 619/744-4800 TO [1 of 2] CITY OF CARLSBAD Planning Department GENTLEMEN: DATE YOS '9°065-D 5-6-88 ATTENTION CHRIS DECERBO RE Vista De La Valle CT 88-2, PUD 88-2 WE ARE SENDING yOU IZI Attached 0 Under separate cover via __________ the following items: o Shop drawings [j( Prints o Plans o Samples o Specifications o Copy of letter o Change order a Via mlr Representative 5-6-88 Dated ___ _ COPIES DATE NO. DESCRIPTION 1 Hillside Development Application 1 Disclosure Form ~ $100 Check -Filinq Fee 2 Preliminary Title Report 15 Tentative Map (@ 2'x3' size) 1 Constraints Mao 1 Slope Profile Exhibit ----continued--- THESE ARE TRANSMITTED as checked below: ~ For approval 0 For Checking o Resubmit ___ copies for approval 0 For your use 0 Approved as submitted o Design only, not for construction 0 As requested 0 Approved as noted o Return __ corrected prints 0 For review and comment 0 Returned for corrections o 0 For Your Action REMARKS ___________________________________________ __ COpy TO Tony Arnest-Wesco Dev. SIGNED: Lesley Terry DAWCO If enclosures are not as noted, kindly notify us at once. I j, .. • RICK ENGINEERING COMPANY I ~~A~~II~~Lc~~~~~Tt~l~ 365 SO. RANCHO SANTA FE ROAD • SUITE 100 SAN MARCOS, CALIFORNIA 92069 • 619/744-4800 DATE lJOB N9065-D 5-6-88 ATTENTION CHRIS DECERBO RE' TO [2 of 2] VISTA DE LA VALLE CITY OF CARLSBAD CT 88-2, PUD 88-2 Planning Department GENTLEMEN: WE ARE SENDING YOU ~ Attached 0 Under separate cover via __________ the following items: COPIES 1 1 1 se rt o Shop drawings o Copy of letter Dated DATE NO. Q{ Prints o Plans o Samples o Specifications o Change order XJ VIA OUR REPRESENTATIVE 5-6-88 DESCRIPTION Gradinq Volume Exhibit Landscape Plan Site Plan, Building Plans & Elevations THESE ARE TRANSMITTED as checked below: IXI For approval 0 For Checking o Resubmit ___ copies for approval 0 For your use 0 Approved as submitted o Design only, not for construction 0 As requested 0 Approved as noted o Return __ corrected prints 0 For review and comment 0 Returned for corrections o 0 For Your Action REMARKS ______________________________________________________________________________ _ COpy TO TONY ARNEST -WESCO DEV. SIGNED: Lesley Terry DAWCO If enclosures are not as noted, kindly notify us at once.