HomeMy WebLinkAboutHDP 89-35; RANCHO VERDE; Hillside Development Permit (HDP), City of Carlsbad
~2075' Las Palmas Drive
Carlsbad, CA 92009
• (619) 43'8-11 61 • 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)
The proposed project consists of 174 single family dwelling lmjts on
approximately 216 acres with a minimum lot size of 25,000 square feet.
Location of Project
The Project is located at the southeast corner of the City of Carlsbad.
Permit/File Numbers Associated with this Project
Legal Description (complete)
Portions of Lots 8, 9, and 15 of the subdivision of Rancho Las Encinitas, in the City of
Carlsbad, County of San Diego, State of California,"according to map thereof No. 848, filed
in the office of the County Recorder of said qan Diego Count June 27, 18 8.
Local Facility Management Zone Assessors Parcel Number
Zone 11
Zone General Plan
R-1-25, 000: PC RL
Proposed Zone
R-I-25 ,000: PC
Proposed General Plan
RL
Owners
Name (Print or Type) Rancho Verde and
Fieldstone/La Costa Assoc. Ltd. Partnership
Mailing Address
5465 Morehouse Dr. Suite 250
City and State Zip Telephone
San Diego, CA 92121 (bI9) 546-8081
I CERTI FY THAT I AM THE -LEGAL OWNER
AND THAT ALL THE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF MY~NO DGE.
1~/fP~ 71/t;:1Fr-
SI 2 ~ /' DATE 7Y30/J>j
~ ~~ 4~
Date Application Rec'd.
3-g
> /
-.....
255-031-17; 264-010-21, 22, 23, 25; 264-220-71
Existing Land Use
Vacant / Agriculture
Site Acreage
216.16
Applicant
Name (Print or Type)
Brighton Homes
Mailing Address
505 N. Tustin Ave. Suite 250
City and State Zip Telephone
Santa Ana, CA 92705 (714) 667-3999
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.
DATE
~-ll-11
Receipt No.
9/
Form No. 1068-1 (Rev. 7/88)
Exhibit A to Preliminary Report
:' .: e .
"
\
Preliminary
Report
RECEIVEO
MAY 3 1 1989.
Ans' d ••••••••• •••
, ,
First American Title Insurance Company
EXHIBIT A
L:IST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -(7-88)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, altorneys' fees or expenses) which arise by reason of:
1.
2.
3.
4.
5.
,
I Taxes or assessments which bre not shown as existing liens by the records of ony taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agincy 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
~., ,
Any facts, rights, interests or'ciaims which are not shown by the public records but which could be ascertained by an inspection of the land or which moy be asserted by persons in p<)sses-
sion thereof. '
I Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
1
Discrepancies, conflicts in bQundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public
records. I _
(a) Unpatented mining claims; (b)reserva/ions or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the malters
excepted under (a), (b), or (c) are shown by the public records. -,
EXCLUSIONS FROM COVERAGE
i , The following malters are expressly ;excluded from the coverage of this policy and the Company will not pay loss or damage, costs, altorneys' 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 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 nowor hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the I~nd or any parcel of which the land is orwas a part; or(iv),environmental protection, orthe effect of any violation of these laws, ordinances or governmental
regulations, except to the exte:nt thot 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 rlecords at Date of Policy.
I ' , (b) Any governmental police pow:er 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 ithe land has been recorded in the public records ot 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 \vould be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances,! adverse claims, or other malters: .,>
(a) whether or not recorded in the public records at Date of Policy, but created, su'ffered, assumed or ogreed to by the insured claimant;
(b) not known to the Company, no\ 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 claimc)nt became an insured under this policy;' ,
(c) resulting in no loss or damage to the insured claimant; ,
'(d) alta ching or created subsequ~nt to Date of Policy; or
(e)-resulting in loss or damage ~hich 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
~~ I' ,
4. Unenforceabilily of the lien of the insured mortgage because of the inabilily orfailure of the insured ,at Date of Policy" or the inability ~r failure of any subsequent owner of the indebted-
ness, to comply with the appli;cable, "doing'business"laws of. the state,in which the land is situated.
I ' 5. Invalidity or unenforceabilily of the lien of the jnsured mortgage, or claim thereof, which arises out of the transactian evidenced by the insured mortgage and is based upon usury or any
consumer credit protection or] truth in lending law.
2. IAMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
, SCHEDULE OF EXCLUSIONS FROM-COVERAGE
I 'I. Any law, ordinance or governn)ental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen-
sions of area of the land, or the eff'ect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or sovernmental 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, bdverse claims, or other malters (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 thJ insured claimant either at Date of Policy or at the date such claimant aequired an estote or interest by this policy and not disclosed in writing by the insured
claimanlto the Company priodo the date such insured claimant became an insured hereunder; (c) resulting in no loss or damoge to the insured claimant; (d) attaching or crdated subse-
quent to Date of Policy; or (ej 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. i
3. ~MERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Associ~tion policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the
following exceptions to coverage appear in the policy.
I I SCHEDULE I
I ' This policy does not insure against IO:ss or damage by reason of the matters shown in parts one and two following:
Part One:
1.
2.
3.
4.
S.
6.
Taxes or assessments which a;e 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.
Any facts, rights, interests, or ~Iaims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof. i
Eosements"claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage .-n , eb,c;roachme~,~, or any other facts whi~h a corre:' survey..d disclose, and which are not shown by public records.
. . ','" Unpatented mining claims; reservations or ex,c:eptio . atents or in Acts authorizing the issuance thereof; wJfer rig aims or tille to water.,
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
ORDER NO. 973743-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MAY 19, 1989
ARNEL DEVELOPMENT
950 SOUTH COAST DRIVE, SUITE 200
COSTA MESA, CALIFORNIA 92626
ATTN: BETTE FAZEKAS
OUR ORDER NO. 973743-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS 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 HEREIN 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 HEREIN. 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 MAY 16,.1989 AT 7:30 A.M.
PAGE 1
ORDER NO. 973743-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
RANCHO VERDE, A CALIFORNIA LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE AND EASEMENT
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
\ 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ,ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL T~X BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 2545, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
5. AN EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS AND INCIDENTAL
PURPOSES AS RESERVED BY INSTRUMENT RECORDED JULY 19, 1957 IN BOOK
6671, PAGE 182 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO
PAGE 2
e.·
ORDER NO. 973743-15
USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER
INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE
NORTHERLY 20.00 FEET OF PARCEL 1.
6. AN EASEMENT AND RIGHT OF WAY FOR ROAD, PUBLIC UTILITY AND
INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED SEPTEMBER
16, 1966 AS FILE NO. 150680 OF OFFICIAL RECORDS, AND THE RIGHT OF
OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS
OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE
SOUTHERLY 20.00 FEET OF THE WESTERLY 990.00 FEET OF PARCEL 2.
7. AN EASEMENT AND RIGHT OF WAY FOR ROAD, PUBLIC UTILITY AND
INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED APRIL 19,
1969 AS FILE NO. 60664 OF OFFICIAL RECORDS, AND THE RIGHT OF
OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS
OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A
STRIP OF LAND 30.00 FEET IN WIDTH, THE SOUTHERLY AND EASTERLY
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 18 OF SAID MAP NO.
848; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 15, NORTH
86°45'00" EAST, 835.00 FEET; THENCE NORTH 06°40'00" WEST, 30.05
FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET OF SAID
LOT 15 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
NORTHERLY LINE NORTH 86°45'00" EAST, 34.50 FEET TO THE BEGINNING
OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 74°25'00" A DISTANCE OF 194.82 FEET; THENCE
TANGENT TO SAID, CURVE NORTH 12°20'00" EAST, 195.00 FEET TO THE
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THEN~E NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 19°10'00" A DISTANCE OF 50.18 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 31°30'00" EAST, 131.00 FEET
TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 49°00'00" A DISTANCE OF 128.28 FEET;
THENCE TANGENT TO SAID CURVE NORTH 80°30'30" EAST TO THE WESTERLY
LINE OF THE EASTERLY 609.00 FEET OF SAID LOT 15.
. .
8. AN EASEMENT AND. RIGHT OF WAY FOR ROAD, PUBLIC UTILITY AND
INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED APRIL 19,
1969 AS FILE NO:. 60666 OF OFFICIAL RECORDS, AND THE RIGHT OF
OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS
OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A
STRIP OF LAND 30.00 FEET IN WIDTH, THE NORTHERLY AND WESTERLY
LINE OF WHICH IS DESCRIBED AS FOLLOWS: .
PAGE 3
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ORDER NO. 973743-15
..
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 18 OF SAID MAP NO.
848; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 15, NORTH
86°45'00" EAST, 835.00 FEETi THENCE NORTH 06°40'00" WEST, 30.05
FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 30.00 FEET OF SAID
LOT 15· AND THE TRUE POINT OF. BEGINNING; THENCE ALONG SAID
NORTHERLY LINE NORTH 86°45'00" EAST, 34.50 FEET TO THE BEGINNING
OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 74°25'00" A DISTANCE OF 50.18 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 31 ° 30 ' 00" EAST, 131. 00 FEET TO THE
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG .THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 49° 00 ' 00" A DISTANCE OF 128.28 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 80°30'00" EAST, TO THE
WESTERLY LINE OF THE EASTERLY 609.00 FEET OF SAID LOT 15.
9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED OCTOBER 29, 1971 AS FILE NO. 251350 OF
OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 4.00 FEET IN
WIDTH, BEING 2.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 8 OF SAID RANCHO LAS
ENCINITAS; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 2°48'40"
WEST, 2.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH
87°11'20" EAST, 2.00 FEET; THENCE NORTH 87°04'55" EAST, 918.99
FEET TO THE TRqE POINT OF BEGINNING OF THE CENTER LINE HEREIN
DESCRIBED; THENCE FROM. SAID TRUE POINT OF BEGINNING, SOUTH
4°04'58" EAST, 819.03 FEET.
\
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCELS: i AND 6.
PAGE 4
e.
ORDER NO. 973743-15
10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $850,000.000, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 29, 1972 AS FILE
NO. 345189 OF OFFICIAL RECORDS.
DATED: DECEMBER 15, 1972
TRUSTOR: THE SAN DIEGO COMPANY, A NEW YORK LIMITED
PARTNERSHIP
TRUSTEE: SECURITY TITLE INSURANCE COMPANY
BENEFICIARY: CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, A
CORPORATION OF HARTFORD, CONNECTICUT
11. A PROMISSORY NOTE AND OPTION, EXECUTED ·DECEMBER 15, 1972 BY AND
BETWEEN THE SAN DIEGO LAND COMPANY, A NEW YORK LIMITED
PARTNERSHIP AND CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, AND
RECORDED DECEMBER 29, 1972 AS FILE NO. 345190 OF OFFICIAL
RECORDS.
12. AN AGREEMENT REGARDING DISBURSEMENT AND SUBROGATION OF DEED OF
TRUST, DATED DECEMBER 15, 1972, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:
RECORDED: DECEMBER 29 ,
RECORDS.
THE SAN DIEGO COMPANY,
LIMITED PARTNERSHIP AND
MUTUAL LIFE INSURANCE
CORPORATION
A NEW YORK
CONNECTICUT
COMPANY, A
1972 AS FILE NO. 345191 OF OFFICIAL
13. AN AGREEMENT REGARDING CONSOLIDATION OF DEBTS SECURED BY DEEDS OF
TRUST, DATED OCTOBER 5, 1978, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: RANCHO VERDE, A CALIFORNIA LIMITED
PARTNERSHIP AND CONNECTICUT MUTUAL
LIFE INSURANCE COMPANY, A
CONNECTICUT CORPORATION
RECORDED: OCTOBER 31, 1978 AS FILE NO. 78-469895 OF OFFICIAL
RECORDS.
14. AN UNRECORDED· LEASE DATED SEPTEMBER 23, 1974, UPON THE TERMS AND
CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY SUBORDINATION
AGREEMENT. - .
LESSOR: RANCHO VERDE
LESSEE: CAROLINE UNDERWOOD FRYE, AS TRUSTEE UNDER A DECLARATION
OF TRUST DATED JUNE 22, 1972
RECORDED: OCTOBER 31, 1978 AS FILE NO. 78-469898 OF OFFICIAL
RECORDS.
PAGE 5
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ORDER NO. 973743-15
SAID LEASE IS SUBORDINATE TO THE DEED OF TRUST RECORDED DECEMBER
29, 1972 AS FILE NO. 345189 OF OFFICIAL RECORDS, BY THE TERMS OF
A SUBORDINATION AGREEMENT RECORDED OCTOBER 31, 1978 AS FILE NO.
78-469898 OF OFFICIAL RECORDS.
SAID LEASE IS SUBORDINATE TO THE DEED OF TRUST RECORDED SEPTEMBER
3, 1985 AS FILE NO. 85-322240 OF OFFICIAL RECORDS, BY THE TERMS
OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 3, 1985 AS FILE
NO. 85-322238 OF OFFICIAL RECORDS.
15. AN UNRECORDED SUB-LEASE DATED SEPTEMBER 23, 1974, UPON THE TERMS
AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY SUBORDINATION
AGREEMENT.
LESSOR: CAROLINE UNDERWOOD FRYE, AS TRUSTEE UNDER A DECLARATION
OF TRUST DATED JUNE 22, 1972
LESSEE: RANCHO VERDE, A LIMITED PARTNERSHIP
RECORDED: OCTOBER 31, 1978 AS FILE NO. 78-469897 OF OFFICIAL
RECORDS.
SAID SUB-LEASE IS SUBORDINATE TO THE DEED OF TRUST RECORDED
DECEMBER 29, 1972 AS FILE NO. 345189 OF OFFICIAL RECORDS, BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED OCTOBER 31, 1978 AS
FILE NO. 78-469897 OF OFFICIAL RECORDS.
SAID SUB-LEASE IS SUBORDINATE TO THE DEED OF TRUST RECORDED
SEPTEMBER 3, 1985 AS FILE NO. 85-322240 OF OFFICIAL RECORDS, BY
THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 3, 1985
AS FILE NO. 85-322239 OF OFFICIAL RECORDS.
16. AN EASEMENT FOR PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF
OLIVENHEIN MUNICIPJt.L WATER DISTRICT, RECORDED JANUARY 12, 1979
AS FILE NO. 79-017771 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF LAND
30.00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 30.00 FOOT WIDE
STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 15.00 FEET OF
SAID LOT 15; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY
15.00 FEET NORTH 87°34 1 47" EAST, 851.36 FEET; THENCE NORTH
74 ° 07 1 02" EAST f 76.93 FEET; THENCE NORTH 50 ° 11 1 46" EAST, 54.68
FEET; THENCE NORTH 32 ° 10' 13" EAST, 73.24 FEET; THENCE NORTH
13°25 1 52" EAST, 344.42 FEET; THENCE NORTH 26°22 1 54" EAST, 87.21
FEET; THENCE NORTH 38°18 1 32" EAST, 127.44 FEET; THENCE NORTH
54°02'22" EAST, 63.01 FEET; THENCE NORTH 66°52 1 47" EAST, 96.77
FEET; THENCE NORTH 72 ° 48 1 05" EAST, 87 • 9:3 FEET; THENCE NORTH
83°02 1 49" EAST, 80.16 FEET; THENCE NORTH 64°33'00" EAST, 203.15
FEET; THENCE NORTH 70°58'29" EAST 153.38 FEET; THENCE NORTH
76°02 1 44" EAST, 765.08 FEET; THENCE NORTH 65°33'21" EAST, 610.19
FEET; TOGETHER WITH AN EASEMENT FOR TEMPORARY WORKING STRIPS OF
PAGE 6
ORDER NO. 973743-15
LAND, SITUATED WITHIN THE LANDS FIRST ABOVE DESCRIBED, SAID
EASEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RIGHT AND
PRIVILEGE OF WORKMEN, CONTRACTORS, AND ANY AND ALL AGENTS
EMPLOYED BY THE GRANTOR HEREIN, TO USE AND OCCUPY SAID TEMPORARY
WORKING STRIPS FOR THE PURPOSE OF CONSTRUCTING THE HEREINBEFORE
MENTIONED PIPELINE OR PIPELINES, AND ANY AND ALL APPURTENANCES
INCIDENTAL THERETO, AND SAID EASEMENT SHALL INCLUDE THE RIGHT AND
PRIVILEGE TO PLACE AND OPERATE ANY AND ALL MACHINERY IN SAID
STRIP WHICH THE GRANTEE HEREIN, OR ANY AGENT OR CONTRACTOR
EMPLOYED BY SAID GRANTEE, DEEMS NECESSARY FOR THE CONSTRUCTION OF
SAID PIPELINE OR PIPELINES. SAID TEMPORARY WORKING STRIPS
HEREINABOVE REFERRED TO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A STRIP. OF LAND 20.00 FEET OF EVEN WIDTH, SAID 20.00 FOOT WIDE
STRIP OF LAND LYING NORTHWESTERLY AND WESTERLY OF, AND
IMMEDIATELY ADJOINING THE NORTHWESTERLY AND WESTERLY LINE OF THE
ABOVE DESCRIBED 30.00 FOOT WIDE STRIP OF LAND, TOGETHER WITH A
STRIP OF LAND 20.00 FEET OF EVEN WIDTH, SAID 20.00 FOOT WIDE
STRIP OF LAND LYING SOUTHEASTERLY AND EASTERLY OF, AND
IMMEDIATELY ADJOINING THE SOUTHEASTERLY AND EASTERLY LINE OF THE
ABOVE DESCRIBED 30.00 FOOT WIDE STRIP OF LAND.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 10023, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF, $1,870,100.45, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 3, 1985 AS FILE
NO. 85-322240 OF OFFICIAL RECORDS •.
DATED: AUGUST 12, 1985
TRUSTOR: RANCHO VERDE, A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: COMMONWEALTH LAND TITLE INSURANCE COMPANY
BENEFICIARY: CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, A
CORPORATION OF HARTFORD, CONNECTICUT
19. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER,
SHOWING:
DEBTOR:
SECURED PARTY:
DATE FILED:
RECORDED:
PROPERTY COVERED:
RANCHO VERDE, A CALIFORNIA LIMITED
PARTNERSHIP
CONNECTICUT MUTUAL LIFE INSURANCE COMPANY
NOT SHOWN
SEPTEMBER 3, 1985 AS FILE NO. 85-322244 OF
OFFICIAL RECORDS.
THE HEREIN DESCRIBED PROPERTY WITH OTHER
PROPERTY
PAGE 7 .
.' e
ORDER NO. 973743-15
20. EASEMENTS AND RIGHTS OF WAY FOR ROAD, PUBLIC OR PRIVATE UTILITIES
AND APPURTENANCES THERETO, AS RESERVED OR CONVEYED IN VARIOUS
DEEDS OF RECORD.
AFFECTS: EASEMENT PARCELS 3 THROUGH 7.
21. THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP REFERRED
TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS, COVENANTS ANO PROVISIONS.
22. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF ANY
AMENDMENTS TO THE RANCHO VERDE PARTNERSHIP AGREEMENT.
1988-89 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA: <"-
P~CEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT: .
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09126
264-010-21
$781.10 PAID
$781.10 PAID
$149,423.00
$-0-
$-0-
09126
264-010-22
\ $708.82 PAID
$708.82 PAID
$135,596.00
$-0-
$-0-
09126
264-010-23
$619.28 PAID
$619.28 PAID
$118,467.00
$-0-
$-0-
PAGE 8
1988-89 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT: '
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
<"
\
09126
264-010-25
$8,784.85 PAID
$8,784.85 PAID
$915,377.00
$765,130.00
$-0-
PAGE 9
ORDER NO. 973743-15
e·,· '.
ORDER NO. 973743-15
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT 15 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 27, 1898, LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH
03°45'00" WEST, ALONG THE WESTERLY LINE OF SAID toT 693.00 FEET TO
THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY
CORNER OF THAT LAND CONVEYED TO JAMES o. HUFFMAN, BY DEED RECORDED
AUGUST 22, 1966 AS FILE NO. 135785 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHERLY LINE OF SAID HUFFMAN'S LAND, SOUTH 87 ° 25 ' 34" EAST,
808.75 FEET TO THE MOST WESTERLY CORNER OF THAT LAND CONVEYED TO
CHESTER R. CARTER, ET AL, BY DEED RECORDED JUNE 28, 1966 AS FILE NO.
105760 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID
CARTER'S LAND, NORTH 41°14'00" EAST, 520.00 FEET; THENCE NORTH
71°47'00" EAST, 760.00 FEET; THENCE NORTH 86°45'00" EAST, 360.00
FEET; THENCE NORTH 76° 36 ' 58" EAST, 375.41 FEET TO THE END OF THE
HEREIN DESCRIBED LINE, BEING A POINT ON THE EAST LINE OF SAID LOT 15,
DISTANT THEREON NORTH 03°15'47" WEST, 1,245.00 FEET FROM THE
SOUTHEAST CORNER OF SAID LOT' 15.
PARCEL 2:
ALL THAT PORTION OF LOT 15 OF THE SUBDIVISION OF RANCHO LAS
ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE
OF TH~ COUNTY RECORDER OF SAID SAN DIEGO COUNTY, ON JUNE 27, 1898,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE _ SOUTHEAST CORNER OF SAID LOT 15, THENCE SOUTH
86,045' 00" WEST ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF
1791.00 FEET TO A POINT THAT IS NORTH 86°45'00" EAST, 835.00 FEET
FROM THE NORTHWESTERLY CORNER OF LOT 18 OF SAID RANCHO LAS ENCINITAS,
THENCE NORTH 06 040'00" WEST, 612.00 FEET THENCE NORTH 41°14'00" EAST,
520.00 FEET THENCE NORTH 71 0 47'00" EAST, 760.00 FEET; THENCE NORTH
86 0 45' 00" EAST, 360.00 FEET; THENCE NORTH 76 0 36" 58" EAST, 375.41 FEET
TO THE EAST LINE OF SAID LOT 15; THENCE SOUTH 03 0 15' 47" EAST ALONG
SAID EAST LINE 1245.00 FEET TO THE POINT OF BEGINNING.
PAGE 10
ORDER NO. 973743-15
PARCEL 3:
4-AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES
OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, IN
LOT 15, OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN D:J:EGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
27, 1898, THE CENTER LINE OF SAID 61.00 FOOT STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, DISTANT
THEREON NORTH 86 0 45 ' 00" EAST, 475 • 00 FEET FROM THE NORTHWESTERLY
CORNER OF LOT 18 OF SAID RANCHO LAS ENCINITAS; THENCE NORTH 21°15'32"
WEST, 211.85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE -
SOUTHWESTERLY AND HAVING A RADIUS OF 400.00 ~EET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
49· 05' 28", A DISTANCE OF 342.72 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 175. 00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 30·00'00", A DISTANCE OF 91.63 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 40°21'00" WEST, 74.29 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 222.14 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, TO
THE SOUTHERLY LINE OF PARCEL 1 ABOVE DESCRIBED.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND
ACROSS A STRIP OF LAND, 60.00 FEET IN WIDTH, IN LOT 18 OF RANCHO LAS
ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 27, 1898, THE CENTER
LINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER LINE OF INTERSECTION OF "C" STREET AND 14TH
STREET AS SHOWN ON MAP 3 2 6 , COLONY OF OLIVENHEIN, THENCE SOUTH
60 0 46'34" EAST, 41.31 FEET TO A POINT ON THE EASTERLY BOUNDARY OF "c"
STREET, SAID POINT .ALSO BEING THE TRUE POINT OF BEGINNING, THENCE
CONTINUING SOUTH 60· 46 '34" EAST, 203.36 FEET TO THE BEGINNING OF A
TANGENT 82.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 1100 42'01" A DISTANCE OF 158.43
FEET; THENCE NORTH 08 0 31' 25" EAST, TO A POINT IN THE NORTHERLY LINE
OF SAID LOT 18, DISTANT NORTH 86 0 45' 00" EAST, 475.45 FEET FROM THE
NORTHWEST CORNER THEREOF. .
PAGE 11
ORDER NO. 973743-15
PARCEL 5:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES
OVER, UNDER ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH
OVER, THAT PORTION OF LOT 15, OF THE SUBDIVISION OF RANCHO LAS
ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JUNE 27, 1898, THE
SOUTHERLY LINE OF SAID 60.00 FOOT STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, DISTANT
THEREON NORTH 86 ° 45' 00" EAST, 445.45 FEET FROM THE NORTHWESTERLY
CORNER OF LOT 18 OF SAID RANCHO LAS ENCINITAS, THENCE CONTINUING
NORTH 86 0 45'00" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 15, A
DISTANCE OF 389.55 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 2
ABOVE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 3 HEREIN
DESCRIBED.
PARCEL 6:
AN EASEMENT AND RIGHT OF WAY FOR PUBLIC UTILITY PURPOSES TO BE USED
IN COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND
20.00 FEET IN WIDTH LYING WITHIN LOT 18, OF THE SUBDIVISION OF RANCHO
LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDI~G TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF
THE COUNTY RECORDER'OF SAN DIEGO COUNTY, JUNE 27, 1898, THE EASTERLY
LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 18; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 18, SOUTH 03°15'00" EAST, 328.00 FEET;
THENCE SOUTH 81°02'54" WEST, 720.00 FEET TO THE TRUE POINT OF
BEGINNING, THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 18 DISTANT THEREON SOUTH 86 0 45' 00" WEST,
802.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 18. SAID STRIP
TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN A LINE
WHICH BEARS SOUTH 81 ° 02' 54" WEST, FROM THE TRUE POINT OF BEGINNING,
AND TO TERMINATE NORTHERLY IN THE NORTHERLY LINE OF SAID LOT 18.
PARCEL 7:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES,
OVER UNDER, ALONG AND ACROSS A STRIP OF LAND 3 0 • 00 FEET IN WIDTH
LYING WITHIN LOT 18, OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, ON JUNE 27, 1898, THE
NORTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
PAGE 12
•
ORDER NO. 973743-15
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 18; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 18, SOUTH 03°15'00" EAST, 328.00 FEET
TO A POINT HEREIN DESIGNATED AS POINT "X"; THENCE CONTINUING ALONG
SAID EASTERLY LINE SOUTH 03°15'00" EAST, 450.00 FEET TO THE MOST
NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO LOS ANGELES PRESSED
BRICK COMPANY, DATED MARCH 3, 1922, AND RECORDED IN BOOK 875, PAGE
384 OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND SOUTH
58°45'00" WEST, 428.80 FEET, MORE OR LESS, TO THE MOST NORTHERLY
CORNER OF LAND DESCRIBED IN DEED TO RAYMOND C. APPEL, ET UX, RECORDED
MAY 20, 1964, AS FILE NO. 90768 AND THE TRUE POINT OF BEGINNING,
THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT WHICH IS SOUTH
81°02'54" WEST, 720.00 FEET FROM SAID POINT·"X". SAID EASEMENT TO BE
PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHEASTERLY IN THE
NORTHWESTERLY LINE OF SAID APPEL'S LAND AND TO TERMINATE
NORTHWESTERLY IN A LINE WHICH BEARS SOUTH 81°02'54" WEST, FROM SAID
POINT "X".
PAGE 13'
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I4JI( DIEGO COUNTY ASSfSSO«' S ~A" .~ 2&-4 PI'G 15 $HT. I Of 2 MAPP[ D FOR ASSESSMENT PURPOSE S 01"1.' ,'MAP 848 -RHO LAS EN:nu TAS -POR LOT 18 ..--,)0.-//
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WI~H A.'eENDORSEME~T FORM 1 COVERA~E (AME~.DED .7-70)
SCltEQULE:ql' EXCLUSIONS FROM: COVERAGE
1. Any law, ordinonce or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or reguloting the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separatian in ownership or a reduction in the dimen-
sions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claiman.t; (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 ot the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage
and nat disclosed in writing by the insured claimant to the Company prior to the dote such insured cloimont become on insured hereunder; (c) resulting in no loss or domoge to the insured
claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is affarded herein as to any statutory lien for labor ar moterial ar to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed ot Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Palicy or of any subsequent owner of the indebtedness to comply with applicable" doing
business" laws of the stote in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American land Title Associotion lenders Policy is used os a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which 0 correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in potents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1981
WITH A.LT.A ENDORSEMENT FORM 1 COVERAGE (10-21-87)
EXCLUSIONS FROM 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 reas~n
of:
1. (a) Any'law, ordinance or governmental regulation (inc!uding but not limited to buildi~g and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the lond; (ii) th~ charocter, dimensions or location of any improvement now or hereafter erected on theJand; (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 enforcementthereof 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 ot DatJ 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 viola-
tion or alleged violation affecting the land has been recorded in the public records at Dote 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 wauld be binding an the rights of a purchaser for value without kn,?wledge.
3. Defects, liens, encumbrances, adverse cloims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Compony, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing tothe Company by the insured claimant prior
to the date the insured claimant became on insured under this policy;
(c) resulting in no loss ar damoge to the insured· claimant;
(d) attaching or created subsequentto Date of Policy (exceptto the extent thatthis policy insures the priority of the lien of the insured mortgage over any statutory lien for services, lobor or
material or the extent insurance is afforded herein:as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenf~rceability of the lien of the insured mortgage because of the inability orfailure of the insured at Date of Policy, or the inabilty 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 impro~e
ment or work related to the lond which is contracted for and commenced subsequent to Date of Policy and is not finonced in whole or in part by proceeds of the indebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. AMERICAN LAND TlTLE'ASSOCIATION LOAN POLICY -1987 (10-21-87)
WITH REGIONA~ EXCEPTIONS
When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the
following exceptions to coverage appear in the policy.
(continued on back)
SCHEDULE 8
This policy does not insuJe ogainst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ~rise by reason of: I '
1. Taxes or assessme~ts which are not shown as existing liens by the records of any taxing authority that levies taxes or-assessments on real property or by the public records.
2. Any facts, rights, iI,terests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims iof easement or encumbrances which are not shown by the public records.
4. Discrepancies, con,flicts in boundary lines, shortage in areo, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented'mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right t~ a Ii!!n, for services, labor or material theretofore or hereafter furnished, 'impQsed by law and not shown by the public records.
! '
8. AMERICAN LAND'TITLE ASSOCIATION OWNER'S POLICY· 1987 (10.21·87)
EXCLUSIONS FROM 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, ordinan~~ or governmental'regulation (including but not limited to building and zoning lows, 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 lows, ordinances or
governmental reg~latio\ls, except to the extent that a notice of the enforcem\lntthereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has beenir,ecarded in the public records at Date of Policy.
(b) Any governmental,police power not excluded by (a) above, excepllo the extenllhat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a viola-
tion or alleged vi91ation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent ~omain unless notice of the exercise there()f has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred
prillr .to Date of P?licy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liem; en~umbrance~, adverse claims or other matters:
(ai created, suffered,iassumed or agreed to by the insured claimant;
(b) not known to the Cbmpqny, 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 in~ured,claimant became an insured un~er this policy;
(c) resulting in no los~ or damage to the insured-clciimant;
(d) attaching or creat;ed subsequent to Date of Policy; or
(e) resulting in loss 01 damage which would not have been sustain,ed if the insured claimant had paid value for the estate or interest insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY· 1987 (10.21·87)
WITH REGIONAL EXCEPTIONS
When the American lan~ Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in parograph 8 above are used a-nd the
following exceptions to coverage appear in the policy. -_ !
SCHEDULE 8 ,
This policy does not ins~red against loss or damage (and ihe Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One: 1 , , \
1. Taxes 'or assessm~nts which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, !interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thered,f. I
3. Easements, claim~ of easement or encumbrances which are not shown by the public rec()rds. ,
4. Discrepancies, co,nflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented minirlg claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or-title to water.
6. Any lien, or right Ito a hen, for services, labor or' material theretofore or hereafter furnished, imposed by law and not shown by the' public records.
,
I
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987
EXCLUSIONS
In addition to the Exce~tions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses resulting from: ---
1. Governmental police pawer, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning: !
• lard use • land division
• i1provements 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 ddes not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take Ithe land by condemning it, unless:
3.
4.
5.
• a inolice of exercising the right appears in ,the public records an the Policy Date
• thie taking happened prior to the Policy Dote and Is binding on you if you bought the land without knowing of the taking
Title Risks: i -• th'at are created, allowed, or agreed to ,by you
• t~at are known to you, but not to us, On the Policy Date -unless they appeared in the public records
• t~at 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 Tille Risks
Failure to pay vQlue for your title.
lock of a right: i "" " t",-.. .' ~
• td any land outsidq the area specifi.scrTbed and ;eferred to in Item 3 of Sch~dule A, '0;-'
• i~ streets, alleys, or waterway~ thatt , our land ,', ! < ' ;,,' " '
This exclusion dc;>es not limit the access coverage in ItemS of Covered Tit!",,~isk~. '.
;;t;I"~~[l...,...ot:":~'."r ,~"'V'I,'''"1~-.'r-; .•. ' ........... ',' r:.I .. I ..... '~'. -"·l'~·~,,-~~ .... -r:""1'-,rI'.,.-t1'P'~"V'.-.,....,;m-~~;o"""".r.r;~II'''''''' <0''' ~~~~-nf'l"C1l:'1ll'1«rt1~I};"'")3t.VKr.i11\:-;,~i.~'~ ";"·j"'1~r "-'-"~"'~,' -.
C-. Bg -IE) CITY OF CARLSBAD
-'"+1)1) ~ -~s-1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438·5621
REC'D FROM--L~...,;:;;··:>-,-l-.;;L:....l-(.;;..;(j~/-,-·{ ~/?......j)~(--!....~~%~~'.k-) L...J.21-"\..f..."".4-=.;· _______ DATE
l/
ACCOUNT NO. DESCRIPTION
RECEIPT NO. gt 712 TOTAL
AMOUNT
11{5 5(j
/
APPLICANT:
AGENT:
MEMBERS:
• DISCLOSURE FORM
Brighton Homes
Name (indiv.idual, partnership, joint venture, corporation, syndication)
505 N. Tustin Ave. Suite250, Santa Ana, CA 92705
Busif')ess Address
(714) 667-3999
Telephone Number
ADL Planning Associates
Name
5962 La Place Ct. Suite 205, Carlsbad, CA 92008
Business Address
(619) 931-8637
Telephone Number
Fieldstone/La Costa Assoc. Ltd. Partnership, A California Partnership
Name (individual, partner, joint Home Address
venture, corporation, syndication) " ,
5465 Morehouse Drive, Suite 250, San Diego, CA 92121
Business Address
(619) 546-8081
Telephone Number Telephone Number
Rancho Verde, A California Limited Partnership
Name ~H~o-m-e~A-d~d~r-e-s-s------------------
1391 Desert Rose Way, Olivenhain, CA 92024
Business Address
(619) 753-6265 ,
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 Appro,val prior to development.
I/We acknowledge that in the process of reviewing this application, it may I 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
• •
PLEASE NOTE:
Time 1 imi ts on the process i ng of di scret i onary projects establ i shed by state 1 aw
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submi,ttal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to application
Copy for file
i • •
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II