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HomeMy WebLinkAboutHDP 89-31; ARCHITEKTON; Hillside Development Permit (HDP)! City of Carlsbad • 2075 #Las Palmas Drive Carlsbad, CA 92009 1(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) OEVtE"LOPM.f::f>...lC of 2 -Lor~ v-.lITH S;Ai.GLe:fi+II4.I{.I'L Res. a1..l ~hl. Location of Project .s-r-c<.~l Y2.leO A"'1> ·"b .. (p(p Ai)f.)M~ ~ CAR.LS B.oro C.'\l..-I r: q:lOoS- Permit/File Numbers Associated with this Project Legal Description (complete) f..o{l.'n f)l.j Lrr 7 ()JF BLDc-1<; \"8 ~I OF-8aLA V,;;'fA < > MAP Z/52-kc. 3-7-21 / ~ Local Facility Management Zone (.., Assessors Parcel Number .J )( 20& ~1S"~ O~ J :uJlR -~S -13 Zone General Plan Existing Land Use 1:-1-!::;-;x VACANt -?P-Gl/Icrt<S O{2a/ ¥C> Proposed Zone Proposed General Plan Site Acreage -/-5 N/c-:2 -Ill. ACR..~ SI TE.S RGT.:T Owner A . Applicant A>SOCI~~ R.Ol-h Te-k'rOtJ Name (Print or Type) Name (Print or Type) L!y<uO t-hGMt-~D ':hI<.. .. ISOY SOvi\\ MISS lOA) 1 S\"o A Mailing Address Mailing Address CAQLSIP~v (A 0 Cb.oc>x 43~ -gq"n ~Au...B~o\Z I CA 0 q~:l.a 1.:13-(}7C( City and State Zip Telephone City and State Zip Telephon e 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. SI~TURE Jo DATE SIGNATURE DATE iV. ~~ s· 2.5 -~~ Date Application ReC"d. Received By 4 Fees Received Receipt No. JV~L (67' fr'1 5 6 0 91 &7 l( / 7 77)- PROJECT NUMBER (5) /fl)p ).. -_ .. p ~ TICOA"lTLE INSURANCE California Land Title Association Standard Coverage Policy .---1. Policy of Title Insurance SUBJECTTO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. TICOR TITLE IN- SURANCE COMPANY OF CALlFORfllIA, a California corporation, herein called the Company, insures, as of Date of Policysh::>wn in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other thai as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: Ticor Title Insurance Company of California 6300 Wilshire Boulevard P.O. Box 92792 YOtJt1 leeDFT 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, . provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By President Attest Secretary T03140 CAt7.SS ClTA Sta"dard Coveraop Poh,: .. -1gee '::Al,IU:",U,Ii:» from Coverage The following matters are expressly exclud m 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 or zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (i) 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 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 Schedule 8 Part I _New',. Ie, 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 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 inspection 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 survey would Conditions and Stipulations • 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named Insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to. heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12{c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured. unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien. encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. or any part thereof. whether named as an insured herein or not; (iii) the parties 'designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "Insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge. not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecti ng the land. (f) "land": the land described or referred to in Schedule C, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule C. nor any right. title. interest. estate or of Policy which binding on the rights of a purchaser 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 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 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 insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 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 the 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. 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. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. right of access to and from the land is insured by this policy. (g) "mortgage": mortgage. deed of trust. trust deed. or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure. or other legal manner which discharges the lien of the insured mortgage; {iiI a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation. and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured. or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land. or (Ii) lW TICOR TITLE.lNSURANCE . ~ CALIFORNIA LAND TI~ ASSOCIATION STANDARD COJitAGE POLICY -1988 POLICY NO. AMOUNT PREMIUM : EFFECTIVE DATE: 1. SCHEDULE A 1168561 LOAN REF. GRIMM $320,000.00 $1,225.00 SEPTEMBER 28, 1988 AT 3:35 P.M. NAME OF INSURED SHAW SAKAMOTO AND BONNIE MASUDA SAKAMOTO, AS TO PARCEL "A"; AND BONNIE MASUDA SAKAMOTO, AS TO PARCEL "B" AND RAY W. GRIMM, JR. 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS COVERED BY THIS POLICY IS A FEE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: RAY W. GRIMM, JR., A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY 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 I ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 7 (SEVEN) INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING OF SCHEDULE B PART I. PART II 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1988-89 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. COVENANTS, EXECUTED BY : 1168561 CONDITIONS AND RESTRICTIONS IN THE DEED WM. G. KERCKHOFF COMPANY PAGE 1 mJ TICORTITl-eINSURANCE • RECORDED APRIL 2, 1941 IN BOOK 1155, PAGE 262 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING SAID LAND FqR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF WM. G. KERCKHOFF COMPANY FOR TELEPHONE AND ELECTRIC POLES AND FOR SEWER, WATER OR GAS MAINS AND PIPE LINES RECORDED APRIL 2, 1941 IN BOOK 1155, PAGE 262 OF OFFICIAL RECORDS 4. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT SEPTEMBER 22, 1988 $220,000.00 RAY W. GRIMM JR. A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION SHAW SAKAMOTO AND BONNIE MASUDA SAKAMOTO, HUSBAND AND WIFE AS JOINT TENANTS, AS TO PARCEL "A" AND BONNIE MASUDA SAKAMOTO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO PARCEL B SEPTEMBER 28, 1988, RECORDER'S FILE NO. 88-493032 5. A LIEN FOR THE AMOUNT HEREIN STATED AND FOR ANY OTHER AMOUNTS DUE, IN FAVOR OF THE STATE OF CALIFORNIA, EVIDENCED BY A CERTIFICATE FILED BY THE FRANCHISE TAX BOARD UNDER THE PERSONAL INCOME ACT AGAINST TAXPAYER : RAY W. & DARAN GRIMM CERTIFICATE NO.: 88215-001474 DATED AUGUST 2, 1988 AMOUNT $5,673.45 RECORDED AUGUST 17, 1988, RECORDER'S FILE NO. 88-406422 1168561 PAGE 2 !!D TICORTITLilNSURANCe SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOT 7 IN BLOCK "B" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO'COUNTY, MARCH 7, 1929, DESCRIBED AS 'FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHWESTERLY LINE THEREOF NO. 26°11' EAST, 205.37 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHEASTERLY LINE THEREOF, SOUTH 63°49' EAST 76.00 FEET; THENCE SOUTH 26°11' WEST 192.98 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID LOT 7, BEING A POINT IN THE ARC OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 465.00 FEET; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°29'56" A DISTANCE OF 77.09 FEET TO THE POINT OF BEGINNING. PARCEL B: ALL OF THAT PORTION OF LOT 7 OF BLOCK "B" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER'OF SAID LOT 7; THENCE SOUTH 63°49' EAST ALONG THE NORTHERLY SIDE OF SAID LOT 7, 76.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 63°49' EAST 78.10 FEET; THENCE SOUTH 26°11' WEST 193.39 FEET TO A POINT ON THE SOUTHERLY SIDE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 465.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°38'04" FOR AN ARC DISTANCE OF 78.19 FEET TO A LINE WHICH BEARS SOUTH 26°11' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 26°11' EAST 192.98 FEET TO THE TRUE POINT OF BEGINNING. 1168561 PAGE 3 ~ -~ ----. ------'-. ~-. ~ l This is not a· survey of the land. but is I compiled for information only, nor is it a . part of the report or policy to WhJ' ch I it may be attached. ! fDJTICOR L _TITLE I~SURANCe 8£LL4V/STA or aTter tne C0r:"eyar.ce oy an Insured lender shAneltner event exceed the leC:st of: WI' (i) the Amount of Insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. An Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4{a) below, (ii) in case knowledge shall come 10 an Insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) iftitle to the estate or interest orthe lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of an insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from a~y adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the nght to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option. the name of such insured for this purpose. Whenever . requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement. and (ii) in any other lawful act which in the opinion of the Company may be necessary or df.>sirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate. including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in. or lien or encumbrance on the title, or other matter and shall state, to me eXleAslble, the baSIS of calculating the amount of the loss or damage. If the ~any IS prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition. an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda. whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, Checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All InformatIOn designated as confidential by an insured claimant provided to the Company pursuant to thiS Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary Information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to' the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i}, all liability and obligations to the insured under this policy, other than to make the payment required In that paragraph, shall terminate, Including any liability or obligation to defend. prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of t~e option provided for ~n paragraph a(ii} the Company's obligation to an Insured Lender under thiS policy for the claimed loss or damage. other than the payment requred to be made, shall terminate. including any liability or obligation to defend, prosecute or continue any litigation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, togethe~ with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage prOVided for under this POliCY, together with any costs, attorneys' fees and expenses Incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for i.n paragraphs b(i) or b(ii}. the Company's obligations to the insured und~r thiS policy for the claimed loss or damage, other than the payments reqUired to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (I) the Amount of Insurance stated in Schedule A. or, if applicable, the amount of insurance as defined in Section 2(c} of these Conditions and Stipulations; · ~~-dIS~~~I~;I~~~" ~r~ ~~I,/:~~~re~r~~~~~ s~~~~~".~e~;e;'C";~d~t~~~~· ;~'d Stipulations. at the time the loss or damage ins against by this policy occurs. together with interest thereon; or (iii) the difference between the value of the insured estate or Interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest In the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title. then the liability of the Company shall continue as set forth in Section 7{a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an :nsured owner of the estate or interest in the land described in ScheduleA shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A: or. (ii) the difference between the value of the Insured estate or interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured against by this policy. (d) The Company will pay only those costs. attorneys' fees and expenses Incurred In accordance with Section 4 of these Conditions and Stipulations 8 LIMITATION OF LIABILITY. (a) If the Company establishes the title. or removes the alleged defect. lien or encumbrance. or cures the lack of a right of access to or from the land. or cures the claim of unmarketabllity of title. or otherWise establishes the lien of the insured 11)0rtgage. all as insured. in a reasonably diligent manner by any method. inGludlng litigation and the completion of any appeals therefrom. it shall have fully performed Its obligattons with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation. including litigation by the Company or with .the Compa,ny's consent. the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction. and disposition of all appeals therefrom. adverse to the title. or. if applicable. to the lien of the insured mortgage. as insured. (c) The Company shall not be liable for loss or damage to any insured for· liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy. except construction loan advances made subsequent to Date of Policy for the purpose of financing In whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the in!?ur'ed was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, (a) All payments under this policy. except payments made for costs. attorneys' fees and expenses. shall reduce the amount of insurance pro tanto. However. as to an Insured lender. any payments made prior to the acquisition of title to the estate or Interest as provided in Section 2(a) ofthese Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured. except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness. or any other obligation secured by the insured mortgage. or any voluntary partial satisfaction or release of the insured mortgage. to the extent of the payment. satisfaction or release. shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accrUing Interest and advances made to protect the lien of the insured mortgage and secured thereby. with interest thereon. provided in no event shall the amount of insurance be greater than the Amount of Insurance stated In Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the Insured mortgage shall terminate all liability of the Company to an Insured lender except as provided in Section 2{a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy Insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed. assumed. or taken subject. or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender. unless such insured acquires title to said estate or interest in satisfaction of the Indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations. the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETILEMENT. (a) The Company'" Right ot Subrogation. Whenever the Company shall have settled and paid a claim under this u(.[ ~h~ ~~~~~~~ ·-~~~i;d~.rogated to and be entitled to all rights and remedies which the insure laimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company. the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue. compromise or settle in the name of the insured claimant and to Lse the name of the insured claimant in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an Insured lender. to all rights and remedies of the insured claimant after the Insured claimant shall have recovered its principal, interest. and costs of collection. If loss should result from any act of the insured claimant. as stated above. that act shall not void this policy, but the Company. in that event. shall be reqU!red to pay only that part of any losses insured against by thiS policy which s.,aJI exceed the amount, If any, lost to the Company by reason of the Impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Not\~lthstandlng the foregoing. the owner of the indebtedness secured by an insured mortgage. provided the priority of the lien of the insured mortgage or its enforceability is not affected. may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage. or release any collateral security for the Indebtec:ness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priOrity or enforceability of the lien of an insured mortgage, as insured. the Company shall be required to pay only that part of any losses Insured against by this policy which shall exceed the amount, if any. lost to the Company by reason of the impairment by the insured claimant of the Compar,y's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include. without limitation. the rights of the Insured to indemnities. guaranties. other policies of Insurance or bonds. notwithstanding any terms or conditions contained in those Instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1 (a)(ii) of these Conditions and Sttpulations) who acquires the insured mortgage as a result of an indemnity. guarantee. other policy of insurance. or bond and the obligor will not be an insured under thiS policy. notWithstanding Section 1 (a){i) of these Conditions and Stipulations. 13. ARBITRATION. UnlC!ss prohibited by applicable law .. either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Amflrican Arbitration Association Arbitrable matters may Include. but are not limited to. a ny controversy or claim between the Company and the Insured ariSing out of or relating to this policy. any service of the Company in connection with its issuance or the breach of' a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $ 1 .000.000 or less shall be arbitrated at the optIOn of either the Company or the insured. All arbitrable matters when theAmount of Insurance is inexcess of $ 1.000.000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect 0.1 the date the demand for arbitration is made or. at the option of the Insured. the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only ifthe laws of the state In which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements. if any. attached hereto by the COf"lpany is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage. whetheror not based on negligence. and which arises out of the status of the lien of the insured mortgage or of the title to the estate or Interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsementto this policy can be made except by a Writing endorsed hereon or attached hereto Signed byeitherthe PreSident. a Vice President. the Secretary. an Assistant Secretary. or validating officer or authOrIZed signatory of the Company 15. SEVERABILITY. In tl,e event any provision of the policy IS held invalid or unenforceable under applicable law. the policy shall be deemed not to Include that proVision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Com pany shall include the number of this policy and shall be addressed to the Company at its Principal Office. Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792. Los Angeles, California 90009. .... u.--.-..~."'" " ..... c': Tt· .................. T"'~.1"'t .~ .......... ""', .... =--...... -....... , .... , POOR QUALITY ORIGINAL(S) ~ ". ",,'". 'I' -~ •• ,~, ' • >:: .;...~'~' 1421 06/071 0001 01 . Mise -TOTAL I os: I I I . I .. I I I 5u l -I .;. 'II ."W;.~ APPLICANT: AGENT: MEMBERS: DISCLOSURE FORM Name (individual ,(gartnership) joint venture, corporation, syndication) 4YlRO 1-\-IGt-\ L'X\lb ))1< .. Business Address &1l1-Y3~-8"qlJ Telephone Number A R..c.~ \ ~ltro~ Name c.f.) f<.l-S B'1 j) QI.:I-l-l r-0::looSi I - s-r A . Business Address (P/'1-')::l.~-07'13 Telephone Number RAj &1<.11'1\"') Name (individual, partner, joint venture, corporation, syndication) Business Address (p lq -43ca -gCll ') Telephone Number 10 "'1 .JOrV~ Name Ig,o OAI<-A\I~ Business Address (PIG) -120 -1858' Telephone Number Home Address Telephone Number Home Address Cc,. q :;).00 8' 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. BY Agent, Owner, Partner HILLSIDE DEVE_LOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER -------- 1. Slope Analysis (4) 2. Slope Profile (4) 3. Site Plan, Grading Plans, Building Plans, Elevations (4 each) 4. Disclosure Statement 5. Title Report (3) DATE SIGNATURE _____________ _ . . , HILLSIDE DEVELOPMENT PERMIT INFORMATION SHEET GENERAL INFORMATION This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If you have any questions after reading this, please call Development Processing counter at 438- 1161 or review Chapter 21.95 of the Carlsbad's Municipal Code. When a Hillside Development Permit is needed: A Hillside Development Permit (HDP) is required when development is proposed on land with a slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means building, grading, subdivision or other modification of a hillside area. It is highly recommended that you, as an applicant, 1) review Chapter 21.95 of the Carlsbad Municipal Code (The Hillside Ordinance) and 2) discuss the Hillside Development with a City Planner before submitting an application for a Hillside Development Permit. The Hillside Development Permit should be submitted concurrently with any permit or application for development of a Hillside area. How your Hillside Development Permit will be Processed Generally the steps involved in reviewing your HDP application are as follows: 1. A Hillside Development Permit application is submitted to the Development Processing counter at 2075 Las Palmas Drive. The application must be submitted with and reference any other permit application such as a building or grading permit, tentative map, etc. All maps submitted shall be folded to 8-1/2" xlI". Information items required: (a) A completed Hillside Development Permit Application Form (b) Four copies of the slope analysis (see section 21.95.020 of Carlsbad's Municipal Code) Identify slopes 1. 2. 3. 4. o to less than 15% slope 15% to less than 25% slope 25% to less than 40% slope 40% or greater slopes e e % Slope = Vertical Distance x 100 Contour interval) Horizontal Distance (Distance between contour intervals) (c) Four copies of the slope profile(s) (d) Assurance of slope analysis and slope profile accuracy (e) Show with a site plan, grading plan and building plans and elevations how development fulfills the following Hillside Development and Design Standards (21.95.060) Submit four (4) sets of each plan. 1. Coastal Zone Requirements (if applicable) 2. Contour grading 3. Area or extent of grading 4. Screening graded slopes 5. View preservation and enhancement 6. Roadway design 7. Hillside architecture 8. Hilltop architecture 9. Hillside drainage 10. Man-made slope height and volume of grading cut or fill 11. Potential development and design standard modification (f) A completed "disclosure statement" (g) Two copies of a preliminary title report. 2. A Development Services counter person generally checks your application for completeness. if your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the following findings must be made: -2- (a) That hillside conditions and undevelopable areas of the project have been properly identified. (b) That the development is consistent with the purpose, intent and requirements of the Hillside Ordinance to: (1) Assure hillside alteration will not result in SUbstantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; (2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. (3) Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. (4) Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. (5) Assure hillside conditions are properly identified and incorporated into the planning process. (6) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. (7) Prevent erosion and protect the lagoons from excessive siltation. (8) Encourage development grading. creatively requiring a designed minimal hillside amount of (9) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible wi th the existing topography. -3- Appeal (c) That hillside development is consistent with the Hillside Development and Design Standards (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. (d) That development is consistent with the provisions of section 21.53.230 and 240 of the Carlsbad Municipal Code. If your Hillside Development Permit is denied, you may appeal the decision of: 1. The Planning Director to the Planning Commission 2. The Planning Commission to the city Council LBS:af -4- APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the inform~tion required by this disclosure changes, an amendment reflecting this change!!!.!:!.!! be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state - the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state th'e full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it.