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Home My WebLink AboutHDP 89-39; POINSETTIA COUNTRY PLAZA; Hillside Development Permit (HDP).. -rit/ of Carlsbad One Single I 2075 Las Palmas Drive '" Car/sbad,> CA 92009 (619) 438-1161 Family Home: No Chars 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 Complete Description of Project (attach additional sheets if necessary) , (CQ;f 2) L~ 4) (~ I ~::,) 44,100 square foot cornmerclal development including retail, financlal, restaurants, and office space uses. See attached site plan. '5...\lQd1v15A' S Lots. lc:tV")-~ . Location of proj~ Generally bound by 1-5 to the West, Poinsettia Lane to the North, Paseo del Norte to the 50.00 100.00 200.00 400.00 Permit/File Numbers Associated with this Project East and Sea Cliff homes to the South. Legal Description (complete) See attached legal description. Lot 171 of CT 73-24 Local Facility Management Zone Assessors Parcel Number 4 214-471-53 Zone General Plan Existing Land Use C-1 -Q N-(Neighborhood Commercial) Vacant Proposed Zone Proposed General Plan Site Acreage C-1-Q N 5.12 Owner Applicant Name (Print or Type) Name (Print or Type) 111:./1 A, ~(11 J' II\. Hofman Planni~g Associates Mailing Address Mailing Address b t;S-;;Z /Iv eftrtA Iff a;u'tf/l. PL. 2386 Faraday, Suite 120 . City and State Zip Telephone City and State Zip Telephor /-A-::r; 14 r cA 'f~37 J./S-f7:' 7~g g Carlsbad, CA 92008 (619)438-1465 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. SIGNATURE DATE SIGNATURE DATE X A---e f~ ~ 5'-;2;;2 -'8'7 L7~ Jz.p /-iv~~ 0~()-??9 Date Application Rec'd. Rec~ Fees Recefved Receipt No. ~-/6-f7 c:2.J 71.;z ,()() c//7t14 PROJECT NUMBER (S C'7 6o/-c:l-1 • EXHIBIT "A" LEGAL DESCRIPTION Lot 171 of CARLSBAD TRACT 73-24, in the City of Carlsliad, County of San Diego, State of California, according to Map thereof No. 7996, filed in the Office of the County Recorder of San Diego County, August 2, 1974. EXCEPTING THEREFROM all mineral rights including without limitation all oil, gas, hydrocarbon similar rights, and all water, water rights, geothermal steam and steam power, within or underlying the real property herein conveyed, 'together wi th the perpetual right of development thereof; provided, however, that the rights therein reserved and excepted do not include the right to enter upon the surface and the top 500 feet of the subsurface. ' As reserved by Occidental Land, Inc., in that certain grant deed recorded on july 21, 1981 as File No. 81-228250 of Official Records. iL U ~: DEVEIDPER AGENT: MEMBERS: e DISCLOSURE FORM AMERICAN ASSETS, INC. Name (individual, partnership, joint venture, corporation, syndication) 10140 Campus Point Drive, San Diego, CA 92121 Business Address (619) 546-2600 Telephone Number Joanie Torres Name 10140 Campus Point Drive, San Diego, CA 92121 Business Address (619) 546-2600 Telephone Number AMERICAN ASSETS, INC. Name (individual, partner I joint venture, corporation, syndication) N/A Home Address 10140 Campus Point Drive, San Diego, CA 92121 Business Address (619) 546-'2600 Telephone Number N/A Name N/A Business Address N/A Telephone Number N/A Telephone Number N/A Home Address N/A N/A 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 devp.lopment. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We dec/are under penalty of perjury that the information contained in this disclosure 5 true and correct and that it will remain true and correct and may be relied upon '<5 being true and correct until amended. BY N4ERIC~ Agent, Owner, Partner AGENT: MEMBERS: DISCLOSURE FORM Name (individual, partnership, joint venture, corporation, syndication) (, '/ ';.:.' tll/P(l' cL oL p ,] (!~l_ Busir)ess Address ... J '> t I -I :( S -~ Telephone Number Name Business Address Telephone Number I N:~1 Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number L « --\ c· ( h! (' A-1,)-0 :~ -7 Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) J tWe understand that if this project is located in the Coastal Zone, I/we will apply 'or Coastal Commission Approval prior to devp.lopment. /We acknowledge that in the process of reviewing this application, it may be lecessary for members of City Staff, Planning Commissioners, Design Review Board iembers, or City Council members to inspect and enter the property that is the ubject of this application. I/We consent to entry for this purpose. IWe declare under penalty of perjury that the information contained in this disclosure true and correct and that it will remain true and correct and may be relied upon ~ being true and correct until amended. BY APPLICANT DISCLOSURE FORM AMERICAN ASSETS, INC. California State of Incorporation Corporate Number Date of Incorporation D0521486 February 2, 1967 Share Holders in American Assets, Inc. : Ernest Rady Trust -10140 Campus Point Dr. , San Memrad Holdings, Ltd-10140 Campus Point Dr. , San CanPac Enterprises, Ltd -10140 Campus Point Dr. , Bee-Dee Investments, Ltd.-10140 Campus Point Dr. , Gaidebro Holdings, Ltd. -10140 Campus Point Dr. , Diego, CA 92121 Diego, CA 92121 San Diego, CA 92121 San Diego, CA 92121 San Diego, CA 92121 HOFMAN PLANNING ASSOCIATES Planning a PrOlect Management a Fiscal AnalysIs DISCLOSURE INFORMATION STATE OF INCORPORATION: CORPORATE NUMBER: DATE OF INCORPORATION: CORPORATE ADDRESS: SHAREHOLDERS: California 1558693 January 1, 1989 (351 Transfer) December 29, 1988 (filed on) 2386 Faraday Avenue, Suite 120 Carlsbad, California' 92008 William N. and Eliza K. Hofman 2386 Faraday Avenue, Suite 120 Carlsbad, California 92008 2386 Faradav. SUite 120 • Carlsbad • CA 92008 • (619)438-1465 MAIN OFFICE 1843 HOTEL CIRCLE SO., #100 SAN DIEGO, CALIFORNIA 92108 (619) 296-8300 FAX (619) 296-8511 e ii-) -l:., ::;. --3 NORTH COUNTY BRANCH 731 W. SAN MARCOS BLVD. #121 . SAN MARCOS, CALIFORNIA 92069 (619) 744-2000 FAX (619) 744-2340 FOUNDERS TITLE COMPANY PRELIMINARY REPORT FOUNDERS TITLE COMPANY 1843 HOTEL CIRCLE SOUTH SUITE 100 SAN DIEGO, CA Attention: JULIET Your Ref.: '603091-JM OUr No.: 309630-2 . -IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF: February 16, 1989 at 7:30 A. M. FOUNDERS TITLE COMPANY BY: =T=I=TL~E~O~F=F=I~C=E=R~----------------------------~L~ARR===Y~L=EP=P=AR~D~------- 1m ex: jb ... MAIN OFFICE ./ (619) 296-8300 /" _ /~ .:::'6' _ .i/AI:7'=· -q~'lJ//':: ~'!.:":' 7' / /-" , ' ~.;?->'--~ /-0/ /V' /r;v/~' ../ ..:. -;. _c -,/" ...... :-.. . :::E~-·<_// \ .. :,;; :;-'_-..:.-,,,'~,/ -::.:. .... "f/. . ./--~ ::;.E"~ ....... --; . /-::: :;"r.;., / -.. ,-./ .... ,'./ _ ... .'. 6:1&::" -' .. ;""" :': ~:./-'~:--:: ... --... "": ~-... ;~ . "....-; -/ -.-;:-=';;".1 -----../... -~ ,r ..... :-'. .' / "-_/ . SCHEDULE "A" ORDER NO. 309630-2 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: A California Land Title Association Standard Coverage policy -1988, Owners policy. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CARLSBAD CORNERS INCORPORATED, a California corporation, as to an undivided 1/4 interest; and CECIL A. SMITH, a married man, as his sole and separate property; as to an undivided 3/4 interest THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION DESCRIPTION Lot 171 of CARLSBAD TRACT 73-24, in the City of Carlsbad, county of San Diego, State of California, according to Map thereof No. 7996, filed in the Office of the county Recorder of San Diego County, August 2, 1974. EXCEPTING THEREFROM all mineral rights including withoiut limitation all oil, gas, hydrocarbon similar rights, and all water, water rights, geothermal steam and steam power, within or underlying the real property herein conveyed, together with the perpetual right of development thereof; provided, however, that the rights therein reserved and excepted do not included the right to enter upon the surface and the top 500 feet of the subsurface. As reserved by Occidental land, Inc., in that certain grant deed recorded on July 21, 1981 as File No. 81-228250 of Official Records. / Order No. 309630-2 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any / assessments collected with taxes, for the fiscal year 1988-1989. .I 2. First Installment: Second Installment: Paid Open The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the state of California. The fact that the ownership of said land does not include any rights of ingress to or from the freeway adjacent thereto, ~said rights having been relinquished by document Recorded: July 18, 1963 File No.: 125935 of Official Records ~Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance. The route thereof affects a portion of said land and is more fully described in said document The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance, as granted to the State of California Recorded: December 3, 1965 File No.: 218351 of Official Records -\ \~ \. ll< -\- The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance, as granted to the state of California \ Recorded: December 3, 1965 File No.: 218352 of Official Records -, / {s" ~~ "_." I 'C' ~\.) ~\~~ \ 1\\ Y / & / 9. (5. SCHEDULE B CONTINUED: The fact that the ownership of said land does not include any rights of ingress to or from the freeway adjacent thereto, said rights having been relinquished by document Recorded: October 3, 1968 File No.: 172630 of Official Records The effect of an agricultural subsidy agreeement (commission) dated January 15, 1982 by and between Occidental land, Inc., a California corporation; Paceseter Homes, Inc., a California corporation, R.C. Jewett Company, a general partnership, Cecil A. Smith, an individual, and Carlsbad Investors, Ltd., a limited partnership, and the California Coastal Commission, recorded February 3, 1982 as File No. 82-31207 of Official Records. Reference is made to said document for full particulars. The effect of an agricultural subsidy agreement (conservancy) dated January 15, 1982 by and between Occidental Land, Inc., a California corporation, Pacesetter Homes, Inc., a California corporation, R.C. JEWETT COMPANY, a general part- nership, CECIL A. SMITH, an individual, and Carlsbad Investors, Ltd., a limited partnership and the state Coastal Conservancy, recorded on February 3, 1982 as File No. 82-31208 of Official Records. Reference is made to said document for full particulars. An Agreement to which reference is hereby made for full par- ticulars Dated: By and Between: Regarding: Recorded: File No.: October 7, 1982 R.C. JEWETT COMPANY, and CECIL SMITH, an individual Payment of a public facilties fee October 21, 1982 82-323922 of Official Records An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: Purpose: Recorded: File No.: Affects: SAN DIEGO GAS & ELECTRIC COMPANY, a corporation underground utilities May 25, 1983 83-173904 of Official Records The exact location of said easement is not disclosed of record. SCHEDULE B CONTINUED: ~-.--~ ;(1'1) The effect of an instrument enti tl~~~-Restriction.~! dated ~c;/ December 28, 1983 by and between Cecil--Sm~th, R~~Jewett . Company and California Coastal Commission, regarding the pro- perty herein described, recorded December 29, 1983 as File No. 83-475376 of Official Records. Reference is made to said document for full particulars. !. (2. An Agreement to which reference is hereby made for full par- ticulars \ Dated: \ By and Between: '\ October 7, 1983 GROUP VI, a Californi"a Limited partnership, SEABLUFF ASSOCIATES, a California joint venture, CECIL A. SMITH, a married man as his sole and separate property, Carlsbad Corners Incorporated, a . California corporation and R.C. JEWETT COMPANY, a California General Partnership and , POINSETTIA INVESTMENT CO., i INC., a California corporation 'I Regarding: Construction and use of " desiltation and retention basin and traffic improvements \ Recorded: February 6,1984 ~le No.: 84-045340 of Official Records I(~ The effect of a Certificate of Correction (Pursuant "--..// Chapter 3, Article 7, of the subdivision Map Act or 8770.5 of the Land Surveyor's Act or any amendments to Section thereto) Affecting Carlsbad Tract 73-24 Map No. 7996 recorded on June 22, 1988 as File No. 88-298562 of Official Records. 14. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: File No.! $4,475,000.00 July 28, 1988 CECIL A. SMITH AND CAROLINE SMITH, Trustees U/T/A dated May 15, 1987 FIRST NATIONAL BANK, a National Banking Association FIRST NATIONAL BANK August 11, 1988 88-394728 of Official Records SCHEDULE B CONTINUED: NOTE: The above Trust Deed was executed by Cecil A. Smith and Caroline Smith, Trustees UITIA dated May 15, 1987. In that capacity they have no interest in said land. As indivi- duals they own an undivided 3/4 interest in said land. 15. Matters of record which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to determine the existence of such matters has not been made because no Statement of Identity has been received from: Smith TAX INFORMATION: Fiscal Year: Code Area: Parcel No.: Land: First Installment: Second Installment: 1988-1989 09027 214-471-53 $1,264,131.00 $6,584.47 PAID $6,584.47 OPEN .. -t SQiEDUlE 1 CAUFORNIA LAND nnE ASSOCIATION STANDARD COVERAGE POLICY -1988 The following matters are expressley excluded from the coverage of this policy and the Company will not pay loss or damage, costs attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental 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; (jj) the character, dimension! or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions 01 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 vio/atior of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of < 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 01 a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publi( 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 nOI excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fOI 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 insurea 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. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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 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. AMERICAN lAND T1Tl.E ASSOCIATION OWNER'S POlICY FORM B -1970 (MtENDED 10-17-70) SOiEDUlE Of EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prOhibiting a separation in ownerships or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or govemmental 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 claimant.; (b) not known to the Company and not shown by the public rec.ords but known to the insured claimant either at Date of Policy or dt the the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. SCHEDULE 1 (CDntinued) AMERICAN lAND nnE ASSOCIATION LOAN POLICY -1970 WIlli A.LTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 16-17-70) SOiEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: \ I. Any law, ordinance or govemmental regulation (including but not limited to building and zoning ordinances) restricting or regulatim or prohibiting the occupancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now 0' hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or thl eHect of any violation of any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the publi( records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suHered, assumed or agreed to by the insured claimant. (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or 31 the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed ir writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance i~ aHorded herein as to any statutory lien for labor or material or to the extent insurance is aHorded herein as to assessments fo street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent ownel of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. AMERICAN lAND TInE ASSOCIATION LOAN POlICY -1987 WITIi ALTA ENDORSEMENT fORM 1 COVERAGE (61Sn 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, ordinance or govemmental 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 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 eHect OJ violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or c notice of a defect, lien or encumbrance resulting from a violation or alleged violation aHecting 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 therof or a notice 01 a defect, lien or encumbrance resulting from a violation or alleged violation aHecting 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 nor excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suHered, 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or 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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which the land is situated. , 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. FTC 3157·C (R,.v jj·j·RR\ SCHEDULE 1 (Continued) AMERICAN LAND TInE ASSOCIATION RESIDENTIAl nnE INSURANCE POUCY -1979 EXCLUSIONS In addition to the exceptions in Schedule B. you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power; and the existence or violation of any law or government regulation. This includes building and zonir ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered TItle Risks. 2. The right to take the land by condemning it. unless a notice of taking appears in the public records on the Policy Date. 3. TItle Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covere TItle Risks. 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets. alleys. or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered TItle Risks. In addition to the Exclusions, you are not insured against 1055, COS.1S. attomeys' fees, and expenses resulting from: 1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquir of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covere TItle Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However. this does not limit th affirmative coverage in Item 12 of Covered Title Risks. 4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptior in patents or in acts authorizing the issuance thereof. ITC )1'57·11 (Rf'v 11·1·88) 'Net Ire tI:,S IS JlIlIIII(" a pl"l /lOr a ~u'yey. III~ lurr"~ll,.r. merflj ,", " I OIlvelllt:nce tu ah.1 YOU '0 1or .. ,tIOR the I..,nu tn dlcaled herec.n wllh retel ence to strHt$ and other land No "ability is assllmeo by rea50ll 01 any re"ance hereon.' _______ ~_J @ SHT. 2 -1\ l ..(, UI EB ~ ~ SA~ OlIGO COUNTY ASS[sS~ MAP !()()o. ZI04 PAG( 47 5HT I ,..c.c.tS!> tL·.I~ MAPP(O ION ASS(SSMIHI PIIRPOSfS ONLY -tr /.:> ... 09" 0--:-/ ~ 6i) ~- SHT. I ~ .. ~. \..N . " '.' PO\NS~11\'" POR.17 @ ~. 58 AC ,': '::, . !:'{: 'f ~:~. ' ;:; ~~" , r".:.~':·i.·:)f.·· I .... ;, .'>-;t..:,:.:.:':' ' .... ~. ·h ::: "!~ ?;. ' ;f.' ,1":-,: . .' ill"': ,,,~~ll~t~ir.nnai'.,a·:." ,.' , '~'.;;',' ,'''.:. ; to be '~orreci:. the, cOlOp.!:, ,': , ',' " . '? .', ): 'I! •• ome.' ",0 U •• "tC1 fo" afti " 10 .. ,c,.,,,lll& It, re .. oll or "," .1',Uanc. the".oll" . ' " '-'-----'-;" -----.. --,,----.~ 30\ \ . .214-47 SHT I Of 2 J f • a: o z r z 8 t:) <t: ..J -' en 0. I'- :::> d ~ m ,04 1"= 100' tiJ E9 ~ t~ .. I:' .. ~ CHANGES ,',: BLK OLD NEW VR CUT 15 105 471 liAR 1-" 6(' I.' I DAISY AVE. ~ SHT. 2 '.", , r,t.';:' ': :::", . . '.' , MAP 7996 -·.CARLSBAD " TRAc;r. t-:lO, .. 73 -24 ~ SHT.2 . "" ~'. ,t' :.' "Notice:' this is neither a plat nor a survey, It is furnished merely as a COnvenience to aid you in locating the land in- f , dicated her{)on with reference to streets and other land., No liability is assumed by reason of any reliance hereon.", .. , 'I " • • ~ \;~ .. ;": ", (.," • I , , , ,'" •..... ,.1, ••• ,', ".1 " .. I ~I', PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal 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 e of the completion letter. Applicant Signature: Staff Signature': Date: To be stapled with receipt to application Copy for file - -\- ::"' .. -.. ~:~\t~l; !): ACCOUNT NO. DESCRIPTION' I AMOUNT -, ';~.:,:~~~;:~:';, , ~y 1/ (1f( /) ,'/1'-1 1/)(,' I : I ({; I ~>~ ~t/, 'r) • gS'11 eILt;) f.1,-!u " I-/:::'~ I , ,::,iJ)J'~ ", : ,-, ' ' luO !~!; ~ ,'!.~,:, ~.! -,'--~ -,. )1~~~/{:~' ~,:, ' S/5/ / ('LA /) fct-1/ 1'-'_1'':] . VV .J,fH C), VVV.l. v '!.,-! I -,'..:~, " ,: Mise 1.-/ )&l5r@&9 ,-"" A ,n, I ,f;3l/ eG') f/c7 -f/ I <.I_I", vur J..Ul Ih .v,"-",.,. v., I , , ' , Act880 -3 fr' <) Pf:.;~ -;. -)L I . , ((fJL/ -/1 / Cc.j-L' 53(.'!C'O , -I 'J/ '-L Jd , ~~!/~ f: 7,rJ ' ' ( 7'5 :(..0 '''' LID " ' / ('0 J(':() 'S5()· 5 )q. Cf;:;, _, -I (( q l cc I I L.C )'L~( " I ;r oaoo PI f ")e IC' J' , , - ) I ( , -g3/7 / ') ~ ) I : {,; , (l . ..) , ( (C (l.c.., , , ;) 5111!~[l : . , I (, .' 91744 ,J , <-:)/ I -, RECEIPT NO. TOTAL 7/], I t. I