Loading...
HomeMy WebLinkAboutHDP 88-13; GOMEZ RESIDENCE; Hillside Development Permit (HDP)fCityiof Carlsbad I One Single 2075 Las Palmas Drive - Family Home: No ChargE Carlsbad, CA 92009 (619) 438-1161 All Other Applications Based on Project Site Size: PLANNING DEPARTMENT 0 - 1 Acres 50.00 HILLSIDE DEVELOPMENT PERMIT 0 - 10 Acres 100.00 10 - 100 Acres 200.00 APPLICATION FORM 100 Acres 400.00 Complete Description of Project (attach additional sheets if necessary) r-imi Y- T'( I,- ) 11*Th E "Cl. F i LXbLE _vqrJ_ Location of Project 1- -Oôfl - 400 E CF FC3 5T- tJOñ- Permit/File Numbers Associated with this Project F L FUETE a comp mi Local Facility Management Zone Assessors Parcel Number Zone General Plan Existing Land Use FC. Proposed Zone Proposed General Plan Site Acreage *RVIIE ->< Owner Applicant Name (Print or Type) Name (Print or Type) CPi C V\- o LiD c2:cJfr-\ Ez. c-/c PCY L. I LiC_. Mailing Address Mailing Address 345 F'P D RJ 110 wtJ 00 P.JE City and State Zip Telephone City and State Zip TelephOnE DCE t-J DE z05(0 CP 90 7(;i I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. 4NA U RE DATE 7TE/ QSIGNATU(QJ2 Date AppIicati.-.Rc'd. Receiv d By Fees -Received Receipt No. 6g/f3 ( 5, 10 ./Yjjrrq1 iiiiL PROJECT NUW k3--13 DISCLOSURE FORM APPLICANT: Raymond Gomez vidual, partnership, nt venture, corporation, syndication AGENT: MEMBERS: 911 uAoiPmrIn Drive r suite C Vista, CA 92083 Business Address jr,jq)726 -6131 Telephone Number Craig McNeil do ACAL , Inc. Name 110 Excondido Avenue, Suite 206 Vista, CA 92084 Business Address (619) 724 -7674 Telephone Number Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We 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/We 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. Raymond Gomez APPLICANT BY (Q)- ~ Z iab &Lk~~6j Owner, Partner I 0 . MAIN OFFICE NORTH COUNTY BRANCH 1843 HOTEL CIRCLE SO., #100 138 ESCONDIDO AVE., #205 SAN DIEGO, CALIFORNIA 92108 VISTA, CALIFORNIA 92084 (619) 296-8300 (619) 941-9191 FOUNDERS TITLE COMPANY PRELIMINARY REPORT WESTERN MUTUAL ESCROW 227 NORTH EL CAMINO REAL, SUITE 104 ENCINITAS, CA Attention: Joann Lyles Your Ref.: 8607JL Our No.: 96501-6 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS 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, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW 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 IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 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: March 9, 1988 at 7:30 A. H. FOUNDERS TITLE COMPANY BY: TITLE OFFICER KENT SCHMEECKLE NORTH COUNTY BRANCH (619) 941-9191 j hb . SCHEDULE "A" ORDER NO. 96501-6 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: A California Land Title Association Standard Coverage Policy - 1973, Owner's Policy; and an American Land Title Association Loan Policy - 1970 with A.L.T.A. Endorsement Form 1 Coverage (Amended 10-17-70), Loan Policy. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROBERT G. CRAWFORD AND MARCELLA CRAWFORD, husband and wife as joint tenants THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION 0 . DESCRIPTION Lot 100 of CARLSBAD TRACT NO. 75-4 or LA COSTA ESTATES NORTH, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8302, filed in the Office of the County Recorder of San Diego County, May 5, 1976. Excepting therefrom 1/16th of all coal, oil, gas, and other mineral deposits contained in the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, as reserved by the State of California, In patent recorded April 22, 1954 in Book 5212, Page 490 of Official Records, the right to the use of the surface, including Its right to enter such lands to a depth of 500 feet below the surface was released and was quitclaimed by the State of California to LA COSTA LAND COMPANY by a Quitclaim recorded June 30, 1971 as File/Page No. 141047 of Official Records. Also excepting one-half interest In oil and mineral rights, for a period of 20 years from date of recommendation to be continued if oil or minerals shall be developed within five miles of the property, otherwise to revert to the land. Rights of exploration shall not be included, however, slant drilling may be made from an adjoining property, provided that this drilling be at least 100 feet In depth measured any where on the above described, in Lots 3 and 4, West Half of the Southwest Quarter, Section 30, Township 12 South, Range 3 West, and the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey as reserved by Germain M. Graef, Horace L. Graef, and Robert W. Graef in Deed recorded June 27, 1960 under Recorders File No. 129955 of Official Records. Order No. 96501-6 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1988-1989 which is a lien not yet payable. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1987-1988. First Installment: Paid Second Installment: Open 3. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 4. An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: San Diego Gas and Electric Company Purpose: poles, wires and anchorage for the transmission and distribu- tion of electricity and inci- dental purposes Recorded: April 22, 1954 File No.: Book 5212, Page 492 of Official Records And Recorded: May 12, 1954 File No.: Book 5235, Page 130 of Official Records Affects: Northeasterly 20 feet 5. Covenants, Conditions and Restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded May 19, 1976 File No. 76-152036 of Official Records 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. • . . SCHEDULE B CONTINUED: 6. Matters of record which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to determine the existence of such matters has not been made because no Statement of Identity has been received from: Crawford and Gomez TAX INFORMATION: Fiscal Year: 1987-1988 Code Area: 09053 Parcel No.: 215-491-25 Land: $235,500.00 First Installment: $1,273.48 Paid Second Installment: $1,273.48 Open • •*.**** * •*..•**. , ** ***....*.••*•*.•*.*. : SCHEDULE I * CALIFORNIA LAND TITLE ASSOCIATION : * STANDARD COVERAGE POLICY — 1973 SCHEDULE B : This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Peril : . Taxes or assessments which are not shown as existing 7. Any law, ordinance or governmental regulation (includ. : • liens by the records of any taxing authority that levies ing but not limited to building and zoning ordinances) a taxes or assessments on real property or by the public restricting or regulating or prohibiting the occupancy, use a • records. or enjoyment of the land, or regulating the character, * Proceedings by a public agency which may result in dimensions or location of any improvement now or here. • taxes or assessments, or notices of such proceedings, after erected on the land, or prohibiting a separation in • • whether or not shown by the records of such agency or by ownership or a reduction in the dimensions or area of the the public records, land, or the effect of any violation of any such law, Ordi. a : 2. Any facts, rights, interests or claims which are not nance or governmental regulation. a • shown by the public records but which could be ascer 8. Rights of eminent domain or governmental rights of * tamed by an inspection of the land or by making inquiry of police power unless notice of the exercise of such rights a persons in possession thereof. appears in the public records. a * 3. Easements, liens or encumbrances, or claims thereof, 9. Defects, liens, encumbrances, adverse claims, or other * which are not shown by the public records. matters (a) created, suffered, assumed or agreed to by the a 4. Discrepancies, conflicts in boundary lines, shortage in insured claimant; (b) not shown by the public records and a * area, encroachments, or any other facts which a correct not otherwise excluded from coverage but known to the survey would disclose, and which are not shown by the insured claimant either at Date of Policy orat the date such a * public records. claimant acquired an estate or Interest insured by this a * 5. (a) Unpatented mining claims; (b) reservations or policy or acquired the insured mortgage and not disclosed 41 exceptions in patents or in Acts authorizing the issuance in writing by the insured claimant to the Company prior to a * thereof; (C) water rights, claims or title to water. the date such insured claimant became an insured here. • 8. Any right, title, interest, estate or easement in land under: (c) resulting in no loss or damage to the Insured • beyond the lines of the area specifically described or claimant; (d) attaching or created subsequent to Date of a • referred to in Schedule A, or in abutting streets, roads, Policy: or (e) resulting in loss or damage which would not * avenues, alleys, lanes, ways or waterways, but nothing in have been Sustained if the insured claimant had been a put. this paragraph shall modify or limit the extent to which the chaser or encumbrancer for value without knowledge, a * ordinary right of an abutting owner for access to a * physically open street or highway is insured by this policy, a * AMERICAN LAND TITLE ASSOCIATION a * RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS • in addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting : * from: a * a 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: a land use a * improvements on the land : * land division a environmental ,protection a * This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. * 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy a * Date. • a • 3. Title Risks: a a • that are created, allowed, or agreed to by you a that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. • • that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in a Item 8 of Covered Title Risks : * 4. Failure to pay value for your title, a * 5. Lack of a right: a to any land outside the area specifically described and referred to in Item 3 of Schedule A * or a • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in item 5 of Covered Title Risks. ••••s,• ... ••••••••••••,••••• •••••••••••••• ..•6 I'TG low iEY ?1I43 3 '•' • S SR....., • •• •. , SCHEDULE I (Continued) • * 4 : AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 • WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE a (AMENDED 1017-70) : SCHEDULE OF EXCLUSIONS FROM COVERAGE * The following matters are expressly excluded from the coverage Of this policy: a 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- : nances) 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 prohibit- • • Ing a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola- tion 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, or other matters (a) created, suffered, assumed or agreed to a a - 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 a Insured by this policy or acquired the insured mortgage and not disclosed In writing by the Insured claim- • * ant 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 subsequent to Oats of Policy (except to a a the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent * insurance is afforded herein as to assessments for Street improvements under Construction or completed . at Date of Policy). a 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy ore? : any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state In a • which the land is situated. : a a a a a a * 4 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 a (AMENDED 10.17.70) * SCHEDULE OF EXCLUSIONS FROM COVERAGE a a a a a 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- a nances) 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 prohibit- a ing 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. 41 41 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such * a rights appear in the public records at Date of Policy. a 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to . by the insured claimant; (b) not known to the Company and not shown by the public records but known to • • the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by : this policy and not,iscIosed in writing by the insured claimant to the Company prior to the date such • a insured claimant became an insured hereunder; (C) resulting in no loss or damage to the insured claimant; a (d) attaching or created subsequent to Date of Policy; (s) 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. : a a a a a a a a a a S a a a a 4 a, a * S a * a a a a a • •*... sas se. 5*45 **s*s.s.... *0*5*4 *.****...4$0..4**S 05 S ,TG IOO IFY 71143 (5) 12.4 3 AC. &87 AC. 0 0 110 92 1 13 ç;-' 2t5-49 SHTIOF2 I'2OO 7--7LJ!3. CHANGES 3tK OLD LNEW IYF1 OPEN SPACE SM1, 49-1 (SUBJ. TO SF"CIAL USEPERMIT) "Notice: this Is neither a Dim nor a survey. It IS furnished" m-r:ly as a convenionce to aid you in locating the - — - ctCd ham-on with refirence to streets and other land - — Ho libility Is assumed by reason of any reliance hereon." - — - – 114 \ .7 /450.7AC \\"3Ic93/.. ... — — — – - 94 E-) - — - - — 90 15 96 6 97 . •J ,..,, O.AC P."., — — — — - I > Io• / 3 - — — - 9'' f 1.08 AC /(*"5 — - g \ z' 0.654C ,_.-\4°\ V/ "I gg 0 89A I.314C 87 " '!m 84 I l% 0.79Ac 7 "t" -•... -.-_ - - — 83.\0.11AC J \. I.0 5AC <'5çg- \ .' ", i '/ '-' 101 J 's.J i5 ," ." ' OASAC ' ' 40 ' - & 82-, 0.6 c . 27 • — -- — — 03 36 103 76 3 I AC 2 109 ) 062AC '0.5 'O70AC' • 49 0.90AC . : MAP 3302—CAflL,\D ICY—NO 75-4 ./' '3 ".3 (9) 0 4;. I 108 -- .t • ••.- •.. . . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD ) 1200 Elm Avenue ) ) Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $ No Fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 215-491-25 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 291-8) for development to occur on property described as Lot 100 of Map 8302, Carlsbad Tract 75-04 (APN 215-491-25), I Raymond Gomez the owner of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 . . S It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. \ULLTNESSWHE(?OF, the undersigned has executed this instrument this I day of , 19c.. .) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgment of execution by the OWNERS(S) must be attached). GENERAL ACKNOWLEDGMENT NO. 201 - State of On this the 4S_day Of 19 'beforeme, County of an p i. Lc re s the undersigned Notary Public, personally appeared OFFICIAL SEAL 4 personally known to me JEAN E. LORNES 0 proved to me on the basis of satisfactory evidence Notary Public-California SAN DO CGUNTY to be the person(whose name( I S subscribed to the My Comm. Exp. Ji. 5, 1990 within instrument, and acknowledged that \r% & executed it. _____ WITNESS my hand and official seal Notary's Sigaure - tJ,,,.fl.n,1I1III 1' A HILLSIDE DEVELOPMENT PERMIT CHECK LIST UMMFNT PROJECT NUMBER $t 1.1 2. Slope Profile (4) 3. /Site Plan,radiny Plans/ Building Plans,evations (4 each) L// . Disclosure Statement kc 5. Title Report (3) / LU >0 00 <CU C ad .1 ) o —0 > o2 0 w 2: (0 .t,, —J 0 -.J a 0 z • ; 2: — - "U, < - z 0 z ul -J (0 lip C" DATE s I GNAT U RE Q. C)