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Home My WebLink AboutHDP 90-07; STAINBROOK RESIDENCE; Hillside Development Permit (HDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) 0 Master Plan 0 Specific Plan ............. 0 Precise Development Plan... Tentative Tract Map....... Planned Development Permit 0 Non-Residential Planned Development Permit........ 0 Condominium Permit......... Special Use Permit......... 0 Redevelopment Permit....... 0 Tentative Parcel Map....... 0 Administrative Variance.... I- I- -I 0 General Plan Amendment...... 0 Site Development Plan....... O Zone Change................. 0 Conditional Use Permit...... EB/Hillside Development Permit. 0 Environmental Impact Assessment................ O Variance.................... 0 Planned Industrial Permit... O Coastal Development Permit.. 0 Planning Commission Deter... //ipyô-ô -I -I -I 2) LOCATION OF PROJECT: ON THE ,#4JD2r1/ ISIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND J 4joi- (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: IJvr-700-6 4) ASSESSOR PARCEL NO(S),I ,j..... LL/0..._. 12_-0 0 5) LOCAL FACILITIESI 6) EXISTING GENERALJ / 7) PROPOSED GENERAL 2, MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING PROPOSED ZONING FP _]5?yj 10) GROSS SITE ,7 ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBERJ 13) TYPE OF RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS / COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L 19) PROPOSED INCREASE - IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 0 TRAFFIC o 20) PROJECT NAME: 'eeic- k'E4-9 944ii I M& n1 21)BRIEF DESCRIPTION OF PROJECT: J 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE ) E (PRINT OR TYPE )7 MAILING ADDRESS 0L MAILING ADDRESS ______________ CITY AND STATE 2-s&4ô ZIP A g2oo TELEPHONE CITY AND STATE ZIP TELEPHONE 14S6M 9i O q3J-JC2, I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE Z 4-9 Y&-w I CERTIFY'4HAT I AM THE OWNER'S REPRE- SENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE - SIGNATURE ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED "I CITY OF CARLSBAD DEVELOPII PRCCI SERV. DIV. DATE STAMP APPLICATION RECEIVED RECEIVED BY: I -Z TOTAL FEE REQUIRED ZaD . eD I DATE FEE PAIDj j RECEIPT NO.2Z( I ARFM0008.DH 4/89 . S Fi SANCTITY OF CONTRACT STEWART TITLE COMPANY 8885 RIO SAN DIEGO DR., SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 • TED STAINBROOK 7204 Babilonia St. • Carlsbad, Ca. 92009 S Attention: Date 2-8-90 Re: Your Order No. City of Carlsbad Our No. 77360-7 Gentlemen: Supplementing our original report relative to the above-numbered escrow and title order, we wish to advise you of the following: PLEASE NOTE THERE ARE NO CHANGES TO TITLE SINCE THE DATE OF OUR POLICY ISSUED SEPTEMBER 18, 1987. TRW COMPUTER PRINT OUT ATTACHED HERETO. All of the general and special taxes are current as of this date. Gina Jaggers Title Officer SD44J . . STEWAR1 TITLE COMPANY TELETAX 1049.34 02/08/90 PAGE 1 SAN DIEGO 1989-90 TAX ROLL 1E06 05'053 215-440-12 CO 14 DESC,: 7367 LOT 700 SITUS: 7204 BABILONIA ST DATE OF ACQUISITION: 6/01/84 205718 MAIL : 7204 BABILONIA ST LA COSTA CA ASSESSED OWNER(S) VALUES/EXS TAX AMOUNTS STAIMBRUOK TEB&ESTHER LAND 200,482 NET IRA 7,876,58 IMPS 561,816 SL LAND PP SLL&I HOEX SA FLAI 22954 AOEX TOTAL TAX 8,106,12 NET 762,298 181 PEN 4$53i CARLSBAD 2ND PEN 415,31 INST ANT 4,05306 INST1: PAID 12/10/89 INST2: OPEN *** END OF SEARCH *** STEWART TITLE COMPANY i050.i7 02/08190 SAN DIEGO COUNTY TELETITLE PLANT DATE: 02/06/90 AT 5:00 PM L MAP SEARCH FILINGS FROM 09/18/87 ONLY CO LOT 700 BOOK M7204 NO REFERENCES FOUND ADJOINING PROPERTY STARTERS NONE ALL [RCT fILINGS - BOOK M7204 NONE ** END (Jr SEARCH ** ALTA LOAN POLICY— (6-147) With Street lmprovm.nt ,*.u.msnt CQv*ra9 POLICY OF TITLE INSURANCE ISSUED BY THIS POLICY IS BEING ISSUED IN LIEU OF CL-1580-27442 STEWART TITLE 0UARANTY.COMPANy-: : -I - SUBJECT TO THE EXCLUSIONS FROM COffiAGE, THE E IONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS ANDT1hgATIONS, Sf%WAR"TTITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insur 'bate ofP1 iIhSchedule A. against Joss or damage not exceeding the Amount of Insurance stated ill,jedóJ4jçed b e insured by reason of, 1. Title to the estate or interest descrid t stated therein; - j S - 2. Any defect in or lien or encumbranc1pni - 3. Unmarketability of the title; . - --- -- 4 1_ack of a right of access to and from tci IatcI 5 The invalidity or unenforceability of Liøn ts4hp insu the title 6. The priority of any lien or encumbranvèr the of ,Isla 7. 7. Lack of priority of the lien of the insu.r&jIortgQe over n for services, labor or material: (a) arising from any improvement or 'i*hto the Ia ontracted for or commenced prior to Date of Policy; or •. (b) arising from an Improvement or wo - to'ii ontracted for or commenced subsequent to Date of Policy and which is finan ole o;öcy oceeds of the indebtedness secured by the insured mortgage ich at Date of P i sured hasdáhc or is obligated to advance; - 8. The invalidity or une or eability of any 'tnent of tiKif& ortgage, provided the assignment is shown in Schedule A or the fat e of the assign own in iede to vest title to the msured mortgage in the named insured assignee fre nd clear of all .. - 9. Any assessments for street p vements r construction or completed at Date of Policy not excepted in Schedule B which now have gai or here -o'er the lien of the insured mortgage. The Company will also pay the costs, attorne$etand xpenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the ex ter àl8eI W'iWbAitions and Stipulations. Q •o,1'.•.:•• • In witness whereof, Stewart Title Guaranty cbjipany has causód his policy to be signed and sealed by its duly - authorized officers as of Date of Policy shown in .. STEWART TITLE GUARANTY COMPANY ..~K Chairman of the Board President r — C;p* City, State No -1flfrn1 • ca. I?Li IV (STj 1,1 -Il,--- S . ALTA LOAN POLICY WITH STREET IMPROVEMENT ASSESSMENT COVERAGE SIMULTANEOUS POLICY NO.: ISSUED IN LIEU OF CL-1580-27442 SCHEDULE A ORDER NO.: 77360-7 PREMIUM: $950.00 R EFFECTIVE DATE: Sep 18, 1987 AT 8:00 A.M.'ICY NO.:CL-1580-44493 AMOUNT OF INSURANCE: $250,000.00 LOA 0. 6196059 NAME OF INSURED: WELLS FARGO BAN A., A NATIONAL BANKING ASSOCIATION 1. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBEREDTHE INSURED MORTGAGE IS: A FEE 2. THE ESTATE OR IN REST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: TED STAINBROOK ANDR STAINBROOK, HUSBAND AND WIFE AS COMMUNITY PROPERTY 3. A Deed of Trust to secure an indebtedness of the amount stated herein and any other amounts payable under the terms thereof Dated AUGUST 31, 1987 Amount $210,000.00 Trustor TED STAINBROOK AND ESTHER STAINBROOK, Trustee Beneficiary Recorded HUSBAND AND WIFE AMERICAN SECURITIES COMPANY, A CORPORATION WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION SEPTEMBER 18, 1987 AS FILE NO. 87-529475 of Official Records STEWART TITLE GUARANTY COMPANY AGENT'S FILE COPY ALTA LOAN POLICY E WITH STREET IMPROVEMENT ASSESSMENT COVERAGE 77360-7 SCHEDULE A PART II 4. DESCRIPTION: THE LAND REFERRED TO HER IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORAAND IS DESCRIBED AS FOLLOWS: LOT 700 OF LA COSTA MEADOWS UNIO. 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCRG TO MAP THEREOF NO. 7367 FILED IN THE OFFICE OF THE COUNTYCORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. EXCEPTING FROM THAT PORTION OF SAID LOTS LYING WITHIN THE EAST HALF OF THE SOUTHEAST Q1(ER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 4 WEST, A 1/16TH 0 A COALS, OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED BY TH S TE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954, IN K 5212, PAGE 490 OF OFFICIAL RECORDS. THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER S1I LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA CTA LAND COMPANY, BY DOCUMENT RECORDED JUNE 30, 1971, FILE/PAGE 'Q141047. ALSO EXCEPTING FROM THAT PORTION OF SAID LOTS LYING WITHIN LOTS 3 AND 4 - WEST HALF OF THE SOUTHWEST QUARTER - OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, A ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, AS RESERVED IN DEED RECORDED JUNE 27, 1960, FILE/PAGE NO. 129955. STEWART TITLE GUARANTY COMPANY g9c AGENT'S FILE COPY . . 77360-7 ALTA LOAN POLICY WITH STREET IMPROVEMENT ASSESSMENT COVERAGE SCHEDULE B PART I THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. General and special County and/or City Ta for the fiscal year 1987-88 a lien not yet payable. 1A. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Stas of 1983 of the State of California. 2. An easement affecting the portion o aid land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: For: DRMNE Affects: :AS ShQtON SAID MAP 3. Covenants, conditions and restrictions in the Declaration of Restrictions recordeAUGUST 10, 1972 AS FILE NO. 210711 OF OFFICIAL RECORDS. Restrictions, if any bas n race, color, religion or national origin are deleted. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. An agreement to which reference is hereby made for full particulars Dated OCTOBER 2, 1984 By and Between: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, TED STAINEROOK AND ESTHER STAINBROOF Regarding: CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS Recordedl OCTOBER 15, 1984 AS FILE NO. 84-389203 of Official Records STEWART TITLE GUARANTY COMPANY AGENTS FILE COPY . . 77360-7 ALTA LOAN POLICY WIT-H STREET IMPROVEMENT ASSESSMENT COVERAGE SCHEDULE B PART II IN ADDITION TO THE MATTERS SET FORTH IN PART I OF THIS SCHEDULE, THE TITLE TO THE ESTATE OR INTEREST IN THE \AND DESCRIBED OR REFERRED TO IN SCHEDULE A IS SUBJECT TO T1.LLOWING MATTERS, IF ANY BE SHOWN, BUT THE COMPANY INSURES THATLCH MATTERS ARE SUBORDINATE TO THE LIEN OR CHARGE OF THE INSURED*1ORTGAGE UPON SAID ESTATE OR INTEREST: A Deed of stated herein thereof Dated Amount Trustor Trustee Beneficiary Recorded Trust to secure an indess of the amount and any other amounts paya e under the terms AUGUST 31, 1987 $40,000.\. TED STAIN 'kO, ESTHER STAINBROOK AMERICAN SE R IES COMPANY, A CORPORATION WELLS FARGO B N.A., A NATIONAL BANKING ASSOCIATION STEMBER 18, 1987 AS FILE NO. 87-529476 ofia1 Records STEWART TITLE GUARANTY COMPANY AGENT'S FILE COPY . . 100.12 FEE: $10.00 INDORSEMENT Attached to Policy No. CL-1580-44493 Issued by STEWART TITLE COMPANY OF SAN DIEGO LOAN NO. 6196059 The Company assures the Insured that any reverter, right of re-entry or any right or power of termination of the estate upon breach of the covenants, conditions and restrictions referred to in Paragraph 3 of Schedule B i\not enforceable, and the Company insures the Insured against 1bs.or damage occasioned by the exercise or attempt to exT?se any such reverter, right of re-entry or right or power otermination. The total liability of the Company under said policy and any indorsements therin shall not qS eed, in the aggregate, the face amount of said policy and cos t'ich the Company is obligated under the conditions and sf'lations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by ther visions hereof. Countersigned STEWART TITLE COMPAIII DIEGO JAMES J. MILES, President STEWART TITLE GUARANTY COMPANY AGENT'S FILE COPY I . ENDORSEMENT TO TITLE POLICY SERIAL NUMBER CL-1580--44493 ISSUED BY No. 77360-7 103.1 LOAN NO. 6196059 STEWART TITLE COMPANY OF SAN DIEGO HEREIN CALLED THE COMPANY The Company hereby insures the owner Ad indebtedness secured by the mortgage referred to in p'kcaph 3 of Schedule A against loss which said Insured shall sustai1\, as a result of any exercise of the right of use or maintenance of the easement referred to in paragraph 2 of Part One of Schedule er or through said land. The total liability of the Company un r said Policy and any Endorsements therein shall not exceed, i the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This Endorsement is made ar of said policy and is subject to the schedules, conditions and t ulations therein, except as modified by the provisions here Signed under seal f the Company, but this Endorsement is to be valid only when it ars an authorized countersignature. SIGNED: STEWART TITLE COMPANY OF SAN DIEGO Countersigned JAMES J. MILES, President Authorized Countersignature STEWART TITLE GUARANTY COMPANY AGENT'S ALE COPY I S ENDORSEMENT TO TITLE POLICY SERIAL NUMBER CL-1580-44493 ISSUED BY ORDER NO. 77360-7 STEWART TITLE COMPANY OF SAN DIEGO EQUITY ADVANTAGE ACCOUNT TITLE INSURANCE ENDORSEMENT 1. The Company assures the Insured that advances made subsequent to the date of this Policy pursuant to the terms of the "Equity Advantage Account Agreement" ("Agreement"), which are secured by the insured mortgage, shall be included within the coverage of the Policy, not to exceed the face amount of the policy, provided that said vestee is the owner of the estate or interet coveredb said policy at the date any such advances are made and subject to t&.irnitations herinafter set forth. 2. The Company further assures the Insured against loss which the Insured shall sustain due to the failure of subsequent advances to have the same priority over liens, er(ktheces and other matters disclosed by the public records as advance ed by the insured mortgage as of date of Policy, except for the fog matters, if any, disclosed by the public records subsequent to te of the Policy. a. Federal tax liens. b. Liens, encumbran s r other matters, the existence of which are actually known to th nsured prior to the date of such advances, if the advance is made subsequent to the occurrence of a default of which the Insured has actual knowledge) under the t ms of the Agreement and prior to the cure by the vestee or iver by the Insured of such default. C. Bankruptcie.. affecting the estate or interest of the vestee prior to the date of such advances. 3. The Company further assures the Insured against loss which the insured shall sustain by reason of: a. The invalidity or uneforceability of the lien of the insured mortgage resulting from the provisions of the Agreement to which provide for changes in the rate of interest. b. Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan evidenced by the Agreement, together with the interest as changed in accordance with the provisions of the Agreement, which loss of priority is caused by said changes in the rate of interest. (CONTINUED) STEWART TITLE GUARANTY COMPANY AGENT'S FILE COPY 99C . S "Changes in the rate of interest," as used in this indorsement shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the Deed of Trust. 4. The Company further assures the Insured that the advances described above shall not constitute "additional principal indebtedness," as referred to in Paragraph 8(b) if this is an ALTA Loan Policy, or Paragraph 6(a) (iii) if this is a CLTA Standard Coverage Policy, of the conditions and stipulations of the Policy for the purpose of limitin liability under the provisions thereof. 5. This information does not insure against loss or damage based upon ae usury, or b. any consumer credit protect or Truth-in-Lending law C* federal tax liens. This indorsement is made a part of the Policy and is subject to all of the terms and provisions ?reof and of any prior indorsements thereto, except that the insuran forded by this indorsement is not subject to Paragraph 3(d) of the Exusions from Coverage if-this is an ALTA Loan Policy or Paragraph 9(d) of\'art I, Schedule B if this is a CLTA Standard Policy. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior indorsements, nor o s it extend the effective date of the Policy and any prior indo e nts, nor does it increase the face amount thereof. SIGNED: STEWART TITLE COMPANY OF SAN DIEGO Countersigned: JAMES J. MILES, President Authorized Countersignature STEWART TITLE GUARANTY COMPANY AGENT'S FILE COPY 99c CONDITIONS AND STIPULATIONS Continued (continued from reverse side of Policy Face) 4. DEFENSE AND PROSECUTION Of ACTIONS: DUTY Of INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options con- tained 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 the 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 the 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 the 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 on 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 juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right 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 the insured for this purpose. Whenever requested by the Company, the 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 set- tlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable 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 the insured to furnish the required cooperation, the Company's obligations to the 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 Con- ditions and Stipulations hove been provided the Company, a proof of loss or damage signed and sworn to by the 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 insured against by this policy which constitutes the basis of loss or damage and sh011 state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the 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, the 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 meorando, whether bearing a date before or after Dote of Policy, which reasonably per- tain to the loss or damage. Further, if requested by any authorized representa- tive 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 cus- tody or control of a third potty, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section-thalt not be disclosed to -others Unless, in the reasonable judgment of the Company, it is necessary in the administration (continued and c' of the claim. Failure of the insured claimant to submit for examination undei oath, produce other reasonably requested information or grant permission tc secure reasonably necessary information from third parties as required in thu paragraph, unless prohibited by law or governmental regulation, shall termi nate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF UABIUIY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (i) to pay or 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) 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 indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of either of the options provided for in paragraphs a(i) or (ii), all liability and obligations to The insured under this policy, other than to make the payment required in those paragraphs, 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. - (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of on insured claimant any claim insured against 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; or (ii) to pay or 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 Upon the exercise by the Company of either of the Options provided for in paragraphs bç) or (ii), the Company's obligations to the insured under this pol- icy 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 dam- age 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 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; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula- tions, at the time the loss or damage insured 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 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 she Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. L - - - (c) The Company will payonty'those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. snclvded on reverse side) 687 I %0%0 1 tl'lu'I I / -'- LA COSTA MEADOWS UNIT NO. 4 3EE, 686 +0• - 703 to Vj, 690 688 689 691 ScV 'X 702 1.45 4C&fS Ww / 700 V 11,141 ? 0 699 7/15 - \ :''4-=- - M $FWR sisiiwvr ND4P19 ro ADOO. p ' L.J - 4•l3'tJ -- -- • 200' SAN 0/EGO GAS ELECTRIC CO EASMCNT RC. MAY 12.54, 00C.N662W aN5gJS 100. 110 D.N. 'sr LACOM • P01? .5. 7/4 SEC. 25 7 72 51 R. 4 yy S. iiW. sua0,V,s,0pl IOUMOARY • • ®L...,.. ü-E70) COUNTY TM1M.& '4',., • 333- -- - I I a 7 6 WELLS FARGO BANK Mortgage Loan Center P.O. Box 12186 San Diego, CA 92112 January 02, 1990 .1 Ted Stainbrook Esther Stainbrook 7204 Babilonia St Carlsbad CA 92009 Re: Loan Number: 619605-9 Dear Borrower(s): The indicated document is enclosed for your records. Preliminary title report Please contact Customer Service, at the number below, if we can be of any further assistance. Sincerely, WELLS FARGO BANK Mortgage Loan Center Kathy Keller Customer Service Representaive (800) 532-3880 Within California (800) 854-2624 Outside California w 1 cJ I) Co STEWART TITLE COMPANY OF SAN DIEGO 8885 RIO SAN DIEGO DRIVE SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRE..tMINARY TITLE REPORT STEWART TITLE COMPANY YOUR NO. LA-0687-4105 412 W. BROADWAY OUR )TO. 77360-7 GLENDALE, CA DATE 06/25/87 - LOAN REF. STAINBROOK ATTENTION: Marjorie In response to the above referenced application for a policy of title insurance, STEWART TITLE COMPANY OF SAN DIEGO hereby reports that it is prepared to - issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance by STEWART TITLE GUARANTY COMPANY describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Excetion in Schedule B or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy farms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY - OF TITLE INSURANCE A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS.-OF JUNE 19, 1987 AT 7:30 A.t. I h ' REGINA BISHOP/pd I TITLE OFFICER STEWART TITLE oU**Ty COM.ANT •45C Tel T .( E . . LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3: AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS tn'dditiOfl to the exceptions in Schedule B. you are not insured against lass. costs, attorneys lees and expenses resulting from: 1. Governmental police cower, and the existence or violation of any law or government regulation. Ti'irs irrcir.ices building and Zoning ordinances and also laws and regulations roncernrng. - land use and division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 1301 Covered Title Risks. 2. The right to take the land by condemning it. unless a notice or taking appears in the public records on toe 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 toss to you • that first affect your title alter the Policy Date this does not limit the labor and material lien coverage in Item 801 Covered title Risks 4. Failure to pay value for your tote. 5. Lace 0t a right: • to any land Outside the area specifically described and referred loin 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 of Covered litre Risks. SCHECULE B - EXCEPT'ONS In addition to the Exclusions, you are not insured against toss, costs, attorneys lees, and expenses resulting from: Part (a) Any rights, interests or claims of parties in possession of the land not Shown by the public records. (b) Any easements or liens not Shown by the public records. This exception does not limit the lien Coverage in (Tern Sol Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not Shown by the public records. This exception does not limit The lOiCed removal coverage in Item 12 01 Covered Title Risks. (d) Any water rights. claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FOR?. 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage 01 this policy: 1. Any law, ordinance or governmental regulation (including out not limited to building and Zoning ordinances) restricting or regiaia:inq or prohibiting the occupancy. use 01 entoyment of the land, or regulating The Character, dimensions ortocatron 01 any improvement now or hereafter erected on toe land, or pronioiting a Separation in ownership or a reduction in the dimensions or area or The land. or the effect 01 any violation 01 any such law, ordinance Or governmental regulation. 2. Rights or .irniflenT domain or governmental lights 01 police power unless flOT ,Ce of the exercise 01 Such rights appears in the public 'erMrrtS at Date 01 PoliCy. 3. DeTec,s. liens. encumorances. adverse ctaims. or otner matters (at created. suffered. assumed or agreed io by the insured cTaun.t'ri TOt not known to the Company and not Shown byrne pUDiiCiCCOrdS but known to the insured claimant eitnCr at Date of Poiicr or at tne oate Such claimant acQuired an e5TJIC Or .flierest insured by tnib poliCy or acquired tne insured rcroztace and 1101 C.SCtCsiliZ in writing Dy toe insured claimant TO inc Company prior to the ocie such insured claimant became an insured lierer..'tdi.t. 101 resulting in no toss or damage TO the insured claimant: IdI attacning or created Subseaueni to Ca:e at Policy (except lit lIre extent insurance is aTtoidnid herOin IS to any statutory lien br labor or material Or TO Inc orient insurance is attornied herein as to assessments 10, street improvements under construction or Completed at Date 01 POiCvl 4 titten'crceaoitiry of the lieU t The mflSurid rrrorlqag., because 01 l3iiiiie at the insured IT Date CT Policy Of of any ubseduent Owner it the uldeoledness 10 comply -in a0plic.3Die doing business laws OT The state in which tOil land lu s.IuJte,3 ... .. . 77360-7 SCHEDULE A (CONTINUED) 3. The land referred to herein is situated in the State of California. County of San Diego and is described as follows: LOT 700 OF LA COSTA MEADOWS UNIT NO. 4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. EXCEPTING FROM THAT PORTION OF SAID LOTS LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 4 WEST, A 1/16TH OF ALL COALS, OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954, IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS. THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY, BY DOCUMENT RECORDED JUNE 30, 1971, FILE/PAGE NO. 141047. ALSO EXCEPTING FROM THAT PORTION OF SAID LOTS LYING WITHIN LOTS 3 AND 4 - WEST HALF OF THE SOUTHWEST QUARTER - OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, A ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, AS RESERVED IN DEED RECORDED JUNE 27, 1960, FILE/PAGE NO. 129955. S'I'E\VS1?.'1' 'I'ITLE GUARANTY COMPANY I .. . - -.- - -. - - -. SCHEDULE B (CONTINUED) Title of the vestee herein was acquired by reed recorded prior to six months from the date hereof. An inspection of said land discloses improvements thereon designated as: A Single Family Dwelling Known As: - 7204 BABILONIA ST. CARLSBAD, CALIFORNIA Our A.L.T.A. policy, when issued, will contain C.L.T.A. Indorsement No. 100. • .• •• t • • •- - - STEWART TITLE OUANAMTY COXPA'(T -•- - •; 711 ;.:---, :- 71.k - iy vt w . SCHEDULE B CONTINUED 77360-7 Recorded: OCTOBER 15, 1984 AS FILE NO. 84-389203 of Official Records 5. In the interest of expediting this transaction, and for the protection of all parties concerned, we require a Statement of Information on STAINBROOK, TED AND ESTHER, even though we find no matters of record as of-the date of this report. • NOTE: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company • in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or • similar name. Be assured that the state of information is essential and will be kept strictly confidential to this file). • Policy charge will be based on 100%. 77- • •?•.- •-::- I •' ,•;••• --- • :-' - '..--• -2- • • TE%%S%RT TITLE OVA*'4TT cor*xY ---- - .• • • --,,- -•, -• a - • •• • - rr - - CITY OF CARLSBAD 1200 ELM A NUE CARLSBAD, CALIF 2OO8 4385621 REc'D FROM _7J -; ( /.. /1/ 77 ACCOUNT NO. DESCRIPTION AMOuNT •cc/j, /. (L-'c / &/ // J' - - /( ___ 3144 021067'9 ,O1 01 02 C-Pf1T1$O.O0 RECEIPT No. 95231 - - TOTAL 1 DISCLOSURE FORM APPLICANT: ame (individual, partnership, joint venture, corporation, syndicatIo- 72Oc:,i ,34it *ss Address Telephone NumberJ AGENT: Name Business Address I Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number I Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the Information contained In this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent(Ownerj Partner . . HILLSIDE DEVELOPMENT 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 S I GNAT U R