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HomeMy WebLinkAboutHDP 89-24; BLUMENSHINE; Hillside Development Permit (HDP). \" Cit)~ It)f Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 ~ (619) 438-1161 • • One Single Family Home: No Charge All Other Applications Based on Project Site Size: PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM o -1 Acres o -10 Acres 10 -100 Acres 100 Acres 50.00 100.00 200.00 400.00 Complete Description of Project (attach additional sheets if necessary) Tenta ti ve ~rce..\ Mo.? -'6u\odhI'viS'\Cv\ I -\o+-'I"-\.O ...3 Permit/File Numbers Associated with this Project N/ A Legal Description (complete) Local Facility Management Zone / Zone x-I General Plan..cl~ u ~~L-"'\ Proposed Zone Proposed General Plan $ 'RL\V\ 1<.-/ Owner Name (Print or Type) _ ¥:,o:re h /'1\) --=R £) \:Je \~ --::D "-l---::b D,\O~'J 1=. ---:B \ \.A VYl-E:..V"'lS ~ \ Y\ e... Mailing Address --::BD')( ?50 City and State Zip CQy"?iv,A-eY-\Q") CQ\\~. 930/3 I CERTI FY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY", KNOWLEDGE. 7f~ /:7t fl-- SIGNATURE -DATE S)dcJ-j PJ -ror t:obe\4-D -I-""})O,D-+h E--.::BI L\.vYreVls)"i V)-e. Date Application Rec'd. Received By PRO Assessors Parcel Number )Sfo -05/ -/7 '"l< -I Existing Land Use '7500 Site Acreage 3· /5 acre.. Applicant Name (Print or Type) ~Qy--e\["\ N\ --=:B \\.lVYl-eYls\''i)')c:... Mailing Address '-=:Box-?50 Ca \V\+e.r\'Q CQ\\~' 9'-30./3 City and tate Zip Telephone ~os--05d -) Pto..3 I 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 DATE ~~ ~-----_ 6jc9::L P 9 Fees Received Receipt No. c/ /O{),-~/:z.,/S- KAREN BLUMENSHINE STEWART TITLE COMPANY OF SAN DIEGO 8885 RIO SAN DIEGO DRIVE SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRELIMINARY TITLE REPORT 6929 VISTA DEL RINCON DR. LA CONCITA, CA. 93001 YOUR NO. OUR NO. DATE LOAN REF. 90319-6 04/24/89 BLUMENSHINE ATTENTION: In response to the above referenced application for a policy of title insurance, STEWART TITLE COMPANY OF SAN DIEGO hereby reports that it is prepared to -issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance by STEWART TITLE GUARANTY COMPANY 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 in Schedule B 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 the attached list. 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 THERETO) 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 APRIL 20, 1989 AT 7:30 A.M. ~~ TITLE OFFICER 90319-6 The form of the policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy ) 2. American Land Title Association Owner's Policy Form B ( ) 3. American Land Title Association Residential Title Insurance Policy ) 4. American Land Title Association Loan Policy ) 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: ROBERT D. BLUMENSHINE AND DOROTHY BLUMENSHINE, HUSBAND AND WIFE, AND KAREN M. BLUMENSHINE, A SINGLE WOMAN, ALL AS JOINT TENANTS SCHEDULE A (CONTINUED) 3. The land referred to herein is situated in the State of California, County of San Diego and is described as follows: PARCEL 1: 90319-6 THAT PORTION OF LOT 38 OF LEBARR ESTATES, UNIT NO.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 4, 1962, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 38; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 88 DEGREES 55'34" WEST, 98.70 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 34 DEGREES 09'32" WEST, 30.00 FEET AND SOUTH 55 DEGREES 50'28" EAST, 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE EASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 5, 1881, TOGETHER WITH A PORTION OF LOTS 4 AND 5 OF CEDAR HILL ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO THE MAP THEREOF NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 25, 1888, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 41 OF LEBARR ESTATES UNIT NO.2, ACCORDING TO THE MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 4, 1962, BEING ALSO A POINT ON THE NORTHEASTERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO WILLIAM J. BUTTERS, ET AL, RECORDED AUGUST 28, 1959 IN BOOK 7854, PAGE 304 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 OF BUTTERS' LAND, NORTH 51 DEGREES 45'18" WEST (DEED NORTH 51 DEGREES 35' WEST) 189.11 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, DISTANT THEREON SOUTH 00 DEGREES 00'59" WEST, 17.50 FEET FROM THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 00'59" EAST, 17.50 FEET TO THE NORTHWEST CORNER OF -1- 90319-6 SAID SOUTHEAST QUARTER OF SECTION 31, BEING ALSO THE NORTHEAST CORNER OF SAID CEDAR HILL ADDITION; THENCE ALONG THE NORTHERLY LINE OF SAID CEDAR HILL ADDITION, NORTH 89 DEGREES 26'00" WEST, 731.29 FEET TO THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS, ACCORDING TO THE MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG THE EASTERLY LINE OF SAID TRACT 6, SOUTH 00 DEGREE 00'07" EAST, (RECORD -SOUTH) 151.85 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN SAID DEED TO BUTTERS' LAND ABOVE REFERRED TO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 OF BUTTERS' LAND AS FOLLOWS: NORTH 76 DEGREES 24'40" EAST, 297.16 FEET AND SOUTH 55 DEGREES 50'28" EAST (DEED SOUTH 55 DEGREES 49 1 58" EAST) 296.64 FEET TO THE MOST WESTERLY CORNER OF LOT-38 OF SAID LEBARR ESTATES UNIT NO.2; THENCE ALONG THE BOUNDARY OF SAID LEBARR ESTATES UNIT NO.2, AS FOLLOWS: NORTH 34 DEGREES 09 1 32" EAST, 30.00 FEET; SOUTH 88 DEGREES 55'34" EAST, 98.70 FEET; NORTH 77 DEGREES 34 1 49" EAST, 60.00 FEET; SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 530.00 FEET THROUGH A CENTRAL ANGLE OF 03 DEGREES 34'11", A DISTANCE OF 33.02 FEET; AND NORTH 58 DEGREES 10'57" EAST, 195.35 FEET'TO THE POINT OF BEGINNING. -2- 90319-6 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. General and special County and/or City Taxes for the fiscal year 1989-90, a lien not yet payable. lAo General and special year 1988-89, including First Installment I Second Installment I Landi Code Areal Parcel No.1 lB. General and special year 1988-89, including First Installment/ Second Installment I Landi Improvements I Exempt I Code Areal Parcel No.1 county and/or City Taxes for the fiscal personal property tax, if any. $283.01 PAID $283.01 DELINQUENT, PENALTY $38.30 $53,060.00 09000 156-051-17 County and/or City Taxes for the fiscal personal property tax, if any. $443.91 PAID $443.91 DELINQUENT, PENALTY $54.39 $45,495.00 $45,495.00 $7,000.00 09000 156-270-55 lC. 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. 2. Covenants, conditions and restrictions in an instrument recorded MAY 31, 1962 AS FILE NO. 92706 OF OFFICIAL RECORDS. Restrictions, if any based on race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 3. An easement purposes stated In Favor of: For: affecting the portion of said land herein and incidental purposes ITHE CITY OF CARLSBAD WATER SYSTEMS, SEWERAGE, -1- and for the DRAINAGE, Recorded: Affects: SCHEDULE B CONTINUED 90319-6 POWER LINE, EXCAVATION AND/OR EMBANKMENT FACILITIES JUNE 24, 1963 AS FILE NO. 109622 OF OFFICIAL RECORDS A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS NORTH 77 DEGREES 33'49" EAST, 8.75 FEET FROM THE NORTHEAST CORNER OF LOT 38, LEBARR ESTATES UNIT NO.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID CENTER LINE BEARS NORTHWESTERLY ACROSS PROPERTY WHICH IS KNOWN AS THAT PORTION OF THE CEDAR HILL ADDITION TO TOWN OF CARLSBAD, ACCORDING TO MAP NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 25, 1888; THENCE RUNNING NORTH 12 DEGREES 26'11" WEST, 47.75 FEET TO A POINT; THENCE NORTH 65 DEGREES 56'11" WEST, 168 FEET TO THE TERMINATION OF THE EASEMENT. Reference is made to said document for full particulars. 4. A Deed of stated "herein thereof Dated Amount Trustor Trustee Beneficiary Recorded 5. A Deed of stated herein thereof Dated Amount Trustor Trustee Beneficiary Recorded Trust to secure an indebtedness of the amount and any other amounts payable under the terms APRIL 20, 1976 $42,000.00 HARRY D. LODWIG AND BETSY M. LODWIG, HUSBAND AND WIFE IMPERIAL CORPORATION OF AMERICA, A CORPORATION IMPERIAL SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION MAY 12, 1976 AS FILE NO. 76-142892 of Official Records Trust to secure an indebtedness of the amount and any other amounts payable under the terms MAY 23, 1985 $20,000.00 KAREN M. BLUMENSHINE, A SINGLE WOMAN; ROBERT D. BLUMENSHINE AND DOROTHY BLUMENSHINE, HUSBAND AND WIFE CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA CORPORATION GREAT WESTERN SAVINGS MAY 29, 1985 AS FILE NO. 85-188091 of Official Records 6. In the interest of expediting this transaction, and for the protection of all parties concerned, we require a Statement of Information on KAREN M. BLUMENSHINE even though we find no -2- • SCHEDULE B CONTINUED matters of record as of the date of this report. NOTE/ The statement of information is necessary to complete the search and examination of title under this order. Any 90319-6 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). 7. In the interest of expediting this transaction, and for the protection of all parties concerned, we require a Statement of Information on ROBERT D. BLUMENSHINE AND DOROTHY BLUMENSHINE even though we find no matters of record as of the date of this report. 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). -3- CL TA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1988 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or darrage :: ;-- attorneys' fees or expenses which anse by reason of- 1 (al Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances or 'eguI3' :-: restricting, regulating, prohibiting or relating to (dthe occupancy, use, or enjoyment of the land, (I i )the character, Olf""le"'s,:;-; :- location of any Improvement now or hereafter erected on the land; (iii)a separation In ownership or a change In the dlmers,,:,-; :- area of the land or any parcel of which the land is or was a part, or (,v)env,ronmental protection, or the effect of any vlo!a: o~ :- these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a "'O:,C~ :- a defect, lien or encumbrance resulting from a Violation or alleged Violation effecting the land has been recordeo In t~e D,,:) : records at Date of Pol icy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerCise thereof or 3 "'':)1 ~~ of a defect, lien or encumbrance resulting from a Violation affecting the land has been recorded in the publiC records at Da:e 'J; Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date-of Po I,CY th .. : -:;. excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the nghts of a I=lurc~ase' for value Without knowledge_ 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by t~ "surec: claimant; (b) not known to the Company, not recorded In the publiC records at Date of Policy, but known to the Insured clalf""lar: a"e -:- disclosed In writing to the Company by the insured claimant pnor to the date the insured claimant became an InSured '-l'1e~' --: POliCY, (c) resulting In 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 tf the Insured claimant had paid value for the Insurea CT10r'gag<: or for the estate or Interest Insured by thiS policy. 4. Unenforceability of the' lien of the Insured mortgage because of the inability or fatlure of the insured at Date of PoliCy or .~'" Inability or failure of any subsequent owner or indebtedness, to comply With the applicable doing bUSiness laws, of the s:a:e - which the land IS situated. 5 Invalidity or unenforceabtllty of the lien of the Insured mortgage, or claim thereof, which arISes out of the transaction ev,de"ce':: by the Insured mortgage and IS based upon usury or any consumer credit protection or truth In lending law. EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expensesi wh,ch ar Sf :), reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that leVies taxes or assess,....,e~:; on real property or by the public records. Proceedings by a pubftc IgIncy which may result in taxes or assessments, or notices of such proceedings, whether or not sr.o·.·.- by the records of such IIIncv or by the public records. 2. Any facts, rtghts, interllU or claims which are not shown by the public records but which could be ascertained by an Inspec! c- of the land or which may be asserted by persons 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 other facts which a correct SUrli€Y WOu.:: 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) wa:e' rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the publiC recorOS (List of Printed Exceptions and ExclUSions Continued IJn Next Page) STE~"ART TITLE GUARANTY COMP,,"V CL TA Preliminary Report Form • • 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6.'.87) EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees, and expenses resulting from' 1. Governmental police power, and the existence or violation of any law or governmental regulation. This Includes budding 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 Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 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 material lien coverage in Item 8 of Covered Title 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 or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10.21.87) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10.21.87) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS AND COVERAGE . .. The following matters 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) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu- lations) restricting, regullting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, di- mensions 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 of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the 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. (b) 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 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 recorded in 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_ (List of Printed Exceptions and Exclusions Continued on Next Page) STE'\"AR'l~ TITJ .. 1-: GUARANTY COMPANY l ( r \ CL TA Preliminary Report Form . • 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 to the insured claimant and not disclosed in writing to !be .Company by the insured claimant pnor to the date the insured claimant became an Insured uno,:!r this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or matenal or to the extent Insurance IS afforded herein the as to assessments for street impro1lements 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 InsureCl mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the 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 of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secu red by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which anse by reason of: . . 1. Taxes or assessments which are not shown as existing liens by the records of any tax ing authority that levies taxes or assess· ments on real property or by the public records. . Proceedings by a publ ic agency which may result in taxes or assessments, or notices of such 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 by an Inspec tion of the land or by making inquiry of persons 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 other facts 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 title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10·21·87) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10·21·87) EXCLUSIONS FROM COVERAGE The following matters are .xpressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenSft which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char· acter, 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 of the land or any parcel of which the land is or was a part; or (iv) environmental protec· tion, or the 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 affect· ing the land has been recorded in the public records at Date of Policy. (b) 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 violation or alleged violation affecting the land has been reo corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) STE,\\"ART TITI .. E GUARANTY COMPANY I CL TA Preliminary Report Form e 1 I 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 which has Occurred prior to Date of Policy which would be binding on the rlgr.ts of a purchaser for valut without knowledge. 3. Defects, lIel'ls, encumbrances, adverse claims or other matters: (a) created, suffered, .sumed 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 to the insured claimant and not disclosed in writing to the Company by the insured ClallTlant 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 insured claimant had paid value for the estate or interest insured by thiS policy. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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: ,. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess ments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such 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 by an inspec. tion of the land or by making inquiry of persons in possession thereof. 3. ElSements, 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 other facts which a correct surjev would disclose, and which are not s/'lown by the public records. . 5. (a) Unpatented mining claims; (b) reservations or exce,tions in patents or in Acu authorizing the issuance there-o~ (c) water . rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. STE'\"AH~~ TITJ .. E GUARANTY COr.U'A.'Y r/'J • r ' r-.. -J' .. .... .... , ~ " @ QV 1'" S .. ~ ~ '\01:;;\11 :: 0:--\ .. Cui ~ \ \ ~ :-:'1 ~j :;> ~ ::: .;\ ~ VI ~ lJll" ~ ; ;::: ~ -;:) ~ "I~II 1 1 1 1 1 1 1 1 1 1 +H w ~ :\j ~ I"" ;!;~i :;: ~ ;::l-.: J.... ...;. C> Z ~I. ~ 0 .:. t .;, ~ ~ . 1 .... "\I Z ~ rt ~ "" ........ !. -. ,"-:: 0 ,,1:-<' -% . -~ I ~ ~f~: • ~I ~ ~ t\ ...... 0 ~~ _. ~ ... <:> ~ ::L "-....... ~ "'" ~ U ~ ~I "<I~::: ~I ;:' ~ ~ .:; ~ I ~ Q: 0 ~t ~ Q ~ c:::; ~ g " 1., \ -I 1 1 1 I I I I I I ~\\~~ ~ . C( . ~~. ~ 0 ~. (?ArzCEL I'-Ic:? 1 _ (?ArzCEL I'-Ic:? 2 H I G'H l AND ~ I:U Ie", ..... I lJ:W ~.-.~ JI ~ @J) @ @ .~ @ 2.60 AC. 2 .00AC. ~ z..01 AC. POR .:I '" PaR ~ I , j ~l~ I.IS AC. "'" 50 /"~4/ ~ @ 0 .... ex: 0 u ..; "! O. . {{o PAR'OB0---;;';O~~ /64.?$ ~"\,,.). @ • ...... __ ()~r PAR.A o ~39 .~.; POR. I o 0.66AC. /IQ.",r 1 I~ :rl~ '1 (: _, 0 ~'.~ ,0: ,! Nf·D. s,~ @ ~~ .. ~'Gt-. ~ "1:, ... ", " <II •. -sf ----.--it ow J N mt.., 1"" L,~:" .. , I 1-23-21 VAC. '-.-) POR.S @ A""r"~"D'-: HAP AK rtf:, pr.. nc, Mt.rflrn rnQ 'C~f"r"'rNT PIIRJl(\"r<: 0N1V DR. Q .., ~ til "' tt 0 • 0 ........ I'"'" I.a c: g-O> 9 II =' 0 .' n n • ,. "" 0 " " " "' '" 0 " " ::1' ..... CI:r '" ::I .... n ,. '" OQ ..... " • II .. . o 0'" f7' "0 !:' ........ ,. = .... :r " .. II II ,. .... n .. 0 g ::--8 .. .. " " ........ " .. , " .'0 • ~~ L - '" ,~-~ '~ '" '" -$-" ;\ @ "0)-00-"', -I: ~ d2 ). . \' S~M DIEGO COUMIY AS~" I,', MAP a, 156 PI, 27 ~ "\ " .",. , \ .• t . .1' .... '-....... ' . ," ' .<1\'" .• ~ i ,,-• .' ~, '\0'0 I' ~ ~~y fo) -I ss"~ I HIGHLAND @ DR. \ -\, 8 tt/,\ '1;, '~ ~ G'-}:l ~~ ,1-- \ \ o o "S).(\~?..., \5' /' c ~'~J.. --t\\V \~ i\ v~ .J \ ~~. \ \ \ 15 G-27 CHANGES ---j-----+---, -1 HIGHLAND DR_ L_ .. l ~ ~ '" 0> ::::> « o >- MAP 4944 MAP 4675 MAP 1136 SF( ]1 -lEBARR ESTATES UNIT NO 2 -lOTS 39-61 -¢- -lEBARR ESTATES UNIT NO I -lOTS 1-22 HOSP EUCALYPTUS FOREST CO'S TCT NO I -PGR lOTS 23 TII,-PII\'i -ono ,." 24 1 .. 'c ~. "r • • SCHEDULE A (CONTINUED) 3. The land referred to herein is situated in the State of California, County of San Diego and is described as follows: PARCEL 1: 90319-6 THAT PORTION OF LOT 38 OF LEBARR ESTATES, UNIT NO.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 4, 1962, DESCRIBED AS ._~ FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 38; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 88 DEGREES 55'34" WEST, 98.70 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 34 DEGREES 09'32" WEST, 30.00 FEET AND SOUTH 55 DEGREES 50'28" EAST, 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE EASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 5, 1881, TOGETHER WITH A PORTION OF LOTS 4 AND 5 OF CEDAR HILL ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO THE MAP THEREOF NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 25, 1888, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 41 OF LEBARR ESTATES UNIT NO.2, ACCORDING TO THE MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 4, 1962, BEING ALSO A POINT ON THE NORTHEASTERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO WILLIAM J. BUTTERS, ET AL, RECORDED AUGUST 28, 1959 IN BOOK 7854, PAGE 304 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 OF BUTTERS' LAND, NORTH 51 DEGREES 45'18" WEST (DEED NORTH 51 DEGREES 35' WEST) 189.11 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, DISTANT THEREON SOUTH 00 DEGREES 00'59" WEST, 17.50 FEET FROM THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 00'59" EAST, 17.50 FEET TO THE NORTHWEST CORNER OF -1- • • 90319-6 SAID SOUTHEAST QUARTER OF SECTION 31, BEING ALSO THE NORTHEAST CORNER OF SAID CEDAR HILL ADDITION; THENCE ALONG THE NORTHERLY LINE OF SAID CEDAR HILL ADDITION, NORTH 89 DEGREES 26'00" WEST, 731.29 FEET TO THE NORTHEAST CORNER OF TRACT 6 OY LAGUNA MESA TRACTS, ACCORDING TO THE MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG THE EASTERLY LINE OF SAID TRACT 6, SOUTH 00 DEGREE 00'07" EAST, (RECORD -SOUTH) 151.85 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN SAID DEED TO BUTTERS' LAND ABOVE REFERRED TO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 OF BUTTE~S' LAND AS FOLLOWS: NORTH 76 DEGREES 24'40" EAST, 297.16 FEET AND SOUTH 55 DEGREES 50'28" EAST (DEED SOUTH 55 DEGREES 49'58" EAST) 296.64 FEET TO THE MOST WESTERLY CORNER OF LOT 38 OF SAID LEBARR ESTATES UNIT NO.2; THENCE ALONG THE BOUNDARY OF SAID LEBARR ESTATES UNIT NO.2, AS FOLLOWS: NORTH 34 DEGREES 09'32" EAST, 30.00 FEET; SOUTH 88 DEGREES 55'34" EAST, 98.70 FEET; NORTH 77 DEGREES 34'49" EAST, 60.00 FEET; SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE .. ~: WESTERLY, HAVING A RADIUS OF 530.00 FEET THROUGH A CENTRAL ANGLE OF 03 DEGREES 34'11", A DISTANCE OF 33.02 FEET; AND NORTH 58 DEGREES 10'57" EAST, 195.35 FEET TO THE POINT OF BEGINNING. -2- POOR, QUALITY ORIGINAL(S) aIL CITY OF CARLSBAD • 1200 ELM JlllllPENUE CARLSBAD, CALIFd IA 92008 438·5621 REC'D FROM_-'-/{"-ll {(",,",,-i--<.· 1"",,-I-L-.l_1 ~l},,-,-~-,-,-!~((---,j'-'-l-'-'f (-'-' I~(:=..l,--,-/-=-&{",---. .!..-!J ~"""=·,,,-" _____ DATE ACCOUNT NO. DESCRIPTION - [)()! g/O .()() -O()-/?!517 NfL,! J I t:/L j(j/ //. 'P() l~' j i L (f- , L , '"".-," . ',"' AMOUNT JOO100 I I I liD? 2? 9 ~ ;2 2. 6586 0412a/8~ I 0001 01 05 I I I'IlSC .!.VV .. VV I I I I I I I I I I I I I I ~A Ai ~ I RECEIPT NO. '" J"c. .... 'J TOTAL / (j()lOO APPLICANT: AGENT: MEMBERS: • • DISCLOSURE FORM KQY-~\\ N\ 'n\LA\fy1eIQ§\-\\n~ Name (individual, partnership, jOint venture, corporation, syndication) cr3GG ~o')( ~SO Ccv-?lntedo.) 00,\\\. Busaness Address 906-05;2-/903 Telephone Number Name Business Address Telephone Number ~ 0 he v--\ -:::I:::> ---::13 \ LA. \'Yj e \'\S "''I n-e.. ~O"6-\-'h.~ E --:::B \ u.m--e V"\Sh'l V\..Q.....J Name (indTvidual, partner, joint venture, corporation, syndication) Business Address '1d.-9-SJL/1 Telephone Number Name Business Address Telephone Number d2c;25~ :::::re-We~oll 6--\-· Co. y-\e,Ica.d.) Ch. \\ -\ . 9.::2.899 Home Address I' Telephone Number Home Address 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 dec/are 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. ~ar~-NT------- BY Agent, Owner, Partner ~~~-frLc l~rlGb7r: ~cu+~ • '. "WER OF ATTOR,..V SPECIAL KNOW ALL MEN BYTHESE PRESENTS: That I, :Robed":D .. ::BIl.looereh'lne. and. =t::x>rot-hy £ 9 :BIll me..neDlhe < , the undersigned (jointly and severally if more than one, hereinafter collectively "principal"), hereby make, constitute and appoint Kat-en M. :B\umepGb,ne principal's true and lawful attorney to act for principal and in principal's name, place and stead and for principal's use and benefit: (a) To ~~~a..5e.. ,n Q.n~ --h-o.Yls CW.:t101'1B '5L-tc..h as renk\ ~y- \eCJ3e.) 6u6d"\\t,s\O'f\) \'e..n ~r encumhe..r) aS6\~'1 -aY'l~ Dther d\s p0E3\-t\OY\ 0\ CtY\~ o~e.\ QI}c\ Q\~ TrunSCl.",t\£l"'S ',n"o\~i"j Our-P'rDf<'''I) he.\d II'[ Join-\- -\-eVlo..nej) c..OI'YIYnDn \~ -\<nCY\f\lVj Q-s c::96l0d.-\-\\~"\QY)d~. Ca.\" \6 baIl. > \" +~ C OlJ.Y-.-, o+' Sa", -:::r::>--~ D) 5-\-a.J.,e ,j;. C.CA\\~c0rh~CL Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as principal might or could do if personally present, hereby ratifying and confirming all that our said attorney in fact shall lawfully do or cause to be done by authority hereof. Wherever the context so requires, the singular number includes the plural. WITNESS my hand this ~)'fh day of drY'j \ X' 6. ,19 99 STATE OF CALIFORNIA COUNTY OF San Diego On this 28th day of April , In the year 19 89 ,before me, the undersigned, a Notary Public In and~rs~d&~e,pe~ona"yappeared~*~*~*aR~ob~e~r~t~DL.~B~l~u~m~e~n~sh~i~n~e~a~nd~D~o~r~o~th~y~E~.~B~lu~m=e~n=s~h=in~e~*_*_*~~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person§... whose name are subscribed to the within Instrument, and acknowledged to me that LheL executed it. .... --. ................ WITNESS my hand and official seal. f / ~.~ ~~~~ "~;C::~""· 0; / ;t ,?~ JOY H/i,RTSHORN . ~ 1M-< 1<C-4A£!~ 1 ~ ~, ': ~ NOTt~~~~~tl~F~~~~~~NIA Notary Public In and for said State. .. "" SAN DIEGO COUNTY My Commission Expires Feb. 21, 1992 ............................................ POWER OF AnORNEY·SPECIAL WOLcons FORM 1406-Rlv. 9·82 (price class 3) © 1982 WOLcons, INC. This slandard form Is Intended lor the typical situations encountered In the field Indicated. However, before you sign, read It, 1111 In all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer If you doubt the lorm's fitness for your purpose and use. • City of Carlsbad Planning!En~ineering 2075 Las Palmas Dr. - Carlsbad, Calif. 92008 To Reviewers: • Karen Blumenshine 2202 Highland Dr. Carlsbad, Calif. 92008 The major constraints upon the eventual application for a tentative parcel map for this minor subdivision (3 parcels) are slope and hillside. Bob Wojick has therefore suggested that I submit this application for the Hillside Development Permit for approval before sub- mitting the application for a Tentative Parcel Map. I have already submitted a geotechnical investigation complete with geologic map and cross section which will be cross referenced in this application. It is on file with Jim Murry. I hope this will expedite the process. Sincerely, ~d~C ;?7{ .e&----- Karen M. Blumenshine HILLSIDE DEVELOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER /lP? 89-22- 2. Slope Profile (4) ./ 3. c:~ ~~~:;;;:;:e::::~ 4. Disclosure Statement ~ 5. • r 9 I ( 3) $= , H rtf 711 bt,? ; cp Title Report DATE ~Ap SIGNATURE ~~ ""'"