HomeMy WebLinkAboutMS 393; CALDWELL RICHARD E-S SKYLINE RD BETWEEN WESTHAVEN & ALDER; Engineering Application.' • CITY OF CARLSBAD
APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP
F~R A MINO~ SUBIDIVISION OF LAND-(INTO 4 OR LESS PARCELS}
AS PROV I QED FOR IN CHA PTER 20.24 OF THE
CARLSBAD MUNICIPAL CODE
FILING FEE: $175.00
MINOR SUBD IVIS ION NO., MS .3Q3,
-(for office use)
. Fl. LING FEE REC.E I PT NO. -----
DAtE Il11/'1j ,
TO tHE CITY ENGINEER OF THE
CITY OF CARLSBAD:
I. Request is hereby made for apptoval of Tentative Parcel Map of Minot
Subdivision No. _~_--=-consisting of 3.26 gross
acres, having 2 lots"being a ~roposed subdivision of land for
property described as :
(Exact Legal bescription)
~. .~, . SEE, ATTACHED SHEET
gene ra 11 y 1 oca ted on ·t h e --r=-=----,...,----.;;;E;;;;.;A;;.;.;S..;:.;T-":-_=--____ ~,____._------------
• :-'< _ ".5 ,i de of SKYLINE ROA.D
(North, South, East, West)
between WESTHAVEN . (Name of Street)
and ' ALDER
( Name of Street)
ASSESSORS PARCEL NO.
Book P~ge Parcel'
TYPE OF SUBD I V I S ION . RESIDEN~IAL
(Name of Street)
. (Residential, Commercial, Industrial)
Are the .existing or proposed parce.ls or lots in this minor subdivision
. subject to other discretionary approval (for example, a variance or con-
ditional use permit)? Yes No' . X
. -'
----
.'
• PRESENT ZONE R-1-15000
WE' the und~rs j gned state that .~~-....:.W:..=E=--.....,....~_"T'"
(I, We) . . _ (I am, We are)
OWNERS of the property described herein and hereby
the
(Owner, Owners) (Authorized Agent) .
give OUR' authorization to the fi 1 ing of this proposed tract (M~, Our) map. -TEARE
( I am, We are)
Title 20 (Subdiv~sion
awa re' of a.nd have had an opportun ity to read
Ordinance) of the Carlsbad Municipal Code.
Name RICHARD H •. CALDWELL
• . {TypedM~ !\-sh!¥~orded
SIgnature ~:;q::.. ~~.
Name JOAN M. CALDWELL
(Typed ded Deed)
Signa tu re.,..--7"-a..p.~~..::::........:::::...,.£1---:""b"'~~~.!..!=:.~:::::::"' ___ ~~ _____ -...;..; __ _
Name_~=-~~ __ ~~_~ __ ~ ____ ~~~~~=-~T-________ ~ _______ _
{Typed or Printed as shown on Recorded Deed -Signature ___ ~ ___________ ~ __________ ~ ______ ~ __ ~~~_~
Name -~(T~y-p-e-d~o-r~P~r~i-n~t-e~d--a~s--s~ho-w-n-o-n~R~e-c-o-r~~~e~d~D-e-e·dT.)------------~--~-
S i g na tu re _________________________ ...,..-__ .,..-___ ---' ___________ ---------.,
Name and Address of Subdivfde~:
RICHAjiD H. &;; JOAN M. CALDWELL
3840 SKYLINE ROAD . CARLSBAD, CA.. 9~008
~ Name, address and phone number of Engineer or Licens~d Land Surveyor:
. -No.--LS 45-25
/ , --------
B. B. .D.EWI TT
900 FIFTH ST. OCEANSIDE, CA. 92054
.-:::~.~' :. , .
,-
',' ~, JJ,ei'c!/t//J77W
" '" '. ' That pcrtien ci' I,et I 'ef ·the J1ancheJ\gu(l. Hediendn. in the City of Carluhlld,
County of Slln Di('80 , Stlltc of California, according to Hnp thclrcof 'No. 823,
fUed in, t;hc office of the' COll1lty Recorder of San IH.cgo ,County, November 16,
IH96, dl>Bcrib~d "w follmm:
Cenunencing at the intcrnectton ef the Westerly li~e ef r,et "I'.' 'ef the
Rancho. Agua JIedionda and the ccnt~r line of. Menree Street as shown cn
the Map or the 'l'hum Lands No. 1681, filed in the County recorder's Office
December 9, 1915; thence North 26°11' 00" East, tilen!!. the said Wcnt'erly ,
line ef Let "I", 807 .1~8 feet; thence Seuth 89°1~2' 10" East, 541.71 feet
to. the Nertheasterly cerner ef 1anq. cenveyed to. .Jehn D. Peindexter and
wife, by deed 'recorded in Beek 2279, page 95 ef Official Recerds; thence
Seuth 19°116'15" East, along the Easterly line ef said Peindexter land,
331.44 feet; thence Nerth 77°54'32" East, 178.04'feet to. the 'l'RUE POINT
OF BEGINNING; thence Nerth 53°19' 20!', East, 246.30 feet;, thence Seuth
890 43'17" East, 343.37 feet to. an inte;r:-sectien with the Westerly line of
San Diego. Ceunty Read Survey No.. 682; thence Seutherly aleng the arc ef
a curve en said Westerly line having a radius ef 1040.00 fee~, threugh
a central angle ef 05°10'06" a distance ef 93.81 feet; thence centinuing
aleng the said Westerly line Seuth 25°22' 10" East, 187.35 feet to. the,
Seutheasterly cerner ef the land cenveyed to. R. W. Poindexter" by deed recerded
in Beck 1221, page 14 ef Official Recerds; thence 'Nerth 89°42'10" West
'along the Seuther1y line 0.1' s'aid R. W. Poindexter land, 460,.58 feet to an
angle peint therein; thence centinuing aleng'the sa,id Seutherly1ine Seuth
58°14' 25" West, 402.94 feet; thence Nerth 290 21' 10" vlest, 15.02 feet; thence
Nerth 58°14'25" East, 292.31 f~et to. an intersectien ,.,ith a line which bears
Seuth 31°45'35" East frem the true -peint ef beginning; thence Nerth 310 h5'35"
Wes-t,-180.oo feet to the TRUE POINT OF BEGINNING.
CLTA Guarantee Fo:tm No. 23
Part 1
1-13-78
Parcel Map
Reference:
PARCEL MAP GUARANTEE
Skyline Rd.
•
Fee: $75.00
No. 318250-M
SUBJEcr 'ID THE EXCLUSIONS FRCM COVERAGE, THE LIMITS OF LIABILITY,
AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERE'ID
ANNEXED AND MADE A PART OF THIS GUARANTEE,
LAND TITLE INSURANCE (UiIPANY
a corporation, herein called "the Company" ~
GUARANTEES
THE CITY OF CARLSBAD
herein called the Assured, against loss not exceeding $1,000, which
the Assured shall sustain by reason of any incorrectness in the
assurance which the Corrpany hereby gives that, according to the
public records on the date stated below,
1. The title to the herein described estate or interest was
vested in the vestee named, subject to the matters
shown as Exceptions herein, which Exceptions are not
necessarily shown in the order of their priority; and
2. Had said Parcel Map been recorded in the office of the
County Recorder of said county, suchrnap would be
sufficient for use as a primary reference in legal
descriptions of the parcels within its boundaries.
Dated: July 17, 1979 at 7:30 AM
" , I ". J
CLTA Guarantee Fonn No. 23
Part 2
1-13-78
•
The estate or interest in the land hereinafter described or
referred to covered by this Guarantee is a fee.
Title to said estate or interest at the date hereof is vested
in:
RICHARD H. CALDWELL AND JOAN M. CALDvmLL, Husband and Wife as Joint
Tenants.
The land included within the l::x:mndaries of the Parcel Map
hereinbefore referred" to in this Guarantee is described as
follows:
SEE ATTACHED.
EXCEI?r!ONS:
1. Secured prcperty taxes, a lien not yet payable, for the fiscal year
1979-1980.
2. The privilege and right to extend drainage structures and exca-
vation anQ. emba.nkrrent slopes beyond the limits of Road Survey 682 where
required for the construction and maintenance of said Road as granted to
the County of San Diego in deed recorded December 14, 1944 in Book 1795,
Page 66 of Official Records. .
3. An easement for public road pu:r:poses over the rrpst Westerly 30 feet
of said land including the right to dedicate said Westerly 30 feet as a
public street, as reserved in deed recorded October 16, 1952, in Book
4625, page 476 of Official Records, and as granted in various deeds of
record.
4. An easement for gas pipe lines and incidental purposes over said
land, as granted to the San Di~o Gas and Electric Corrpany, by deed
recorded July 27, 1953 in Book 4934, Page 568" of Official Records,.
The route thereof across said land is rom particularly described as
follows:
Beginning at a rx>int on the Southeasterly line of the above described
property, which point bears North 58?14'25" East, 47.23 feet from the
rost Northerly corner of Lot 4 of Car1gpad Highlands, as per map thereof
No. 2647, filed in the office of the Recorder of said County of San
Diego; thence from said point of beginning, North 35?12'35" West, 14.64
feet; thence North 58°14'25" East, 304.9 feet.
{, , , • t
CLTA Guarantee F6nn No. 23
Part 2
1-13-78
•
The estate or interest in the' land hereinafter described or
referred to covered by this Guarantee is a fee.
Title to said estate o~ interest at the date hereof is vested
in:
RICHARD H. CALDWELL AND JOAN M. CALDWELL, Husband and Wife as Joint
Tenants.
The land included within the lx>undaries of the Parcel l-1ap
hereinbefore referred to in this Guarantee is described as
follows: '
SEE ATrACHED.
EXCEPl'IONS:
1. Secured property taxes, a lien not yet payable, for the fiscal year
1979-1980.
2. ' The privilege and right to extend drainage structures andeXca-
vation and e!l1bankrrent slopes beyond 'the limits of Road Survey 682 where
required for the construction and maintenance of said' Road as granted to
the County of San Diego in deed recorded December 14, 1944 in Book 1795,
Page 66 of Official Records.
3. An easerrent for pu,bli9 road pw:poses over the rrost vvesterly 30 feet
of said land including the right to dedicate said Westerly 30 feet as a
public street, as reserved in deed recorded October 16, 1952, in Book
4625, page 476 of Official Records, and as granted in various deeds of
recoro..
4. An easerrent for gas pipe lines and incidental pw:poses over said
land, as granted to the San Diego Gas and Electric Corrpany, by deed
recorded July 27, 1953 in Book 4934" Page 568 of Official RecordS.
The route thereof across said land is rrore particularly described as
follows':
Beginning at a r:oint on the Southeasterly line of the arove described
property, which p:Jint bears North 58°14'25" East, 47.23 feet from the
rrost Northerly corner of Lot 4 of Carlsbad Highlands, as per map thereof
No. 2647, filed, in the office of the Recorder of said County of San
Diego; thence from said p:Jint of beginning; North 35°12' 3511 west, 14.64
feet; then,ce North 58°14'25" East, 304.9 feet.
l 1 •
Exceptions, continued:
•
318250~-1
5. A deed of trust dated December 14, 1967, to secure an indebtedness
of $16,000.00 and any other arrounts payable under the terms thereof,
recorded January 11, 1968, as File No. 5797. .
Trustor: Richard H. Caldwell and Joan M. Caldwell, husband and wife.
Trustee: Oceanside Finance Corrpany, a col:pOration.
Beneficiary: Oceanside Federal SeWings and Loan Association, a
col:pOration.
Said deed of trust provides for acceleration of riaturity of obligations
secured thereby in the event, arrong other things, of the sale or
transfer or further encumbrance of said land.
6. A deed of trust dated October 9, 1978, to secure an. indebtedness of
$10,000.00, recorded October 17, 1978 as File No,. 78-441917.
Trustor: Richard H. Caldwell and Joan M. Caldwell, husband and wife.
Trustee: ~1ar Vista Financial, Inc., a California cor:poJ;:"ation.
Beneficia:ry: Oceanside Federal Savings and Loan Association.
7. An Easement for Waterline Purposes, as conveyed to the City of
Carlsbad in Document recorded July 10, 1979 as File No. 79-284800, over,
under, along, and across a strip of land, 12.00 feet in width, lying
'iithin that portion of Lot "I" of Rancho Agua Hedionia, according to Map
thereof No. 823, filed in the office of the county Recorder of San Diego
County, November 16, 1896; said strip lying 6.00 feet on either side of
the following described centerline:
Corrurencing at the Northwesterly comer of land described in deed to
Gretchen Tuti1ill, recorded October 16, 1952, as Oocument No. 129153 of
Official Rec01:"ds; thence along the Northerly boundary of said Tuthill's
Land North 53°17'15" East (North 53°19'20" East per said Tuthill Deed)
239.70 feet to the TRUE POINT OF BEGINNING; thence leaving said
Northerly l::x::>undary South 11°22' 37" East 6.64 feet to a point which is
6.00 feet Southerly of and at right angles to said Northerly l::x::>undary of
Tuthills' Land; thence Southwesterly and parallel with said Northerly
bounda:ry South 53°17'15" tvest 231.35 feet to a point which is 6 feet
Easterly of and at right angles to the Northeasterly l::x::>undar,y of said
Tuthills's land; thence Southerly and parallel wi1::h said Northwesterly
rounda:ry South 31°47'26" East (South 31°45'35" East per deed), 180.~0
feet·; thence South·58°14'25" West 268.26 feet, nore or less, to its
p:>int of tenninus on the Easterly sideline of Skyline Road as shown on
Carlsbad Estates M:ap No. 3019.
The sidelines of said 12.00 foot strip shall be extended or shortened to
terminate on the Easterly sideline of said Skyline Road and on the
Northerly l::x::>unda:ry of said Tuthill's Land.
8. The effect of documents, proceedings, liens, decrees or other
matters which do not specifically describe said land, but which, if any
do exist, may affect the title or irrpose liens or encumbrances thereon.
The name search necessary to ascertain the.existence of such matters has
not been completed and requires a staterrent of identity from joan M.
Caldwell in order to cornpiete tQis report.
-------~-----------~-
PA 7
Typed
l2-18-67
246959-K
318250-K
• • That portion of Lot "I" of the Rancho Agua Hedionda~ in ',th~ 'City of Car.lsbadf
County of 'San Diego, State of California, according to Map thereof No. 823,
filed in the office of the County Recorder of,San Diego County,November 16,
1896, described as follows:
Commencing at the intersection of the Westerly liI+e of Lot "I" of the
Rancho Agua Hedionda ,and the center line of Monroe Street as shown on
the Map of the Thurn Lands No. 1681, filed in the County recorder's Office
December 9, 1915; thence North 26°11'00" East, along the said,Westerly
line of Lot "1", 807.48 feet; thence South 89°42'10" East, 541.71 feet
to the Northeasterly corner of land conveyed to John D. Poindexter and
wife, by deed recorded in Book 2279, page 95 of Official Records; thence
South 19°46'15" East, along the East~rly line of said Poindexter land,
331. 44 feet; thence North 77° 54' 32" East, 178.04 feet to the TRUE POINT
OF BEGINNING; thence North 53~19'20" East, 246 . .30 feet; thence South
89°43'17" East, 343.37 feet to an intersection 'with: the Westerly line of
San Diego County Road Survey No. 682; thence Southerly along the arc of
a curve on said Westerly line having a radius of 1040.00 feet, through
a central ang:.j.e of 05°10'06" a distance of 93.81 feet; thence continuing
along the said Westerly line South 25°22 '10" East, 187.35 feet t'o the
Southeasterly corner of the land conveyed to Ro W. Poindexter by deed recorded
in Book 122i, page 14 of Official Records; thence North 89°42'10" West
along the Southerly line of said R. W. Poindexter land, 460.58 feet to an
angle point therein; thence continuing along the said SoutherlY,line South
58°14'25" West, 402.94 feet; thence ])forth 29°21'10" West, 15.02 feet; thence
North 58°14'25" East, 292:31 feet to an intersection with a line which bears
South 31°45 "35" East from the true point of beginning; thence North 31°45' 35"
West, 180.00 feet to the TRUE POINT OF BEGINNING.
"
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. '
e&'· Guarantee Form No.
, , l,-:}.3,;.-1'8, One P~ge
,-.. ~ ,t ...
GUARANTEE CONDITIONS AND STIPULATIONS
C··' DEFINITION OF TERMS
The following term!? when used in this Guarantee mean: .
(a) "land": the land de~cribed, ,specifica~ly or by refere~ce, In
. this Guarantee and Improvements affixed thereto which by
law constitute real property;
(b) "public records": tho~e recor~s whic.h impart constructive
. notice of matters relating to said land,
(c) "date": the effective date;
(d) ",the Assured": the party or parties name? .as the Assured
in this Guarantee, or in a supplemental writing executed by
the Company;' .
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument. .
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason
of the following:
(a) Taxes or assessments which are not ~hown as e.xistirig liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
,(b) Unpatented mining claims; reservations or exceptions in
patents or in Acts. authorizing the iSlluance thereof; water
rights, claims or title to water.
(c) Title to any property beyond the lines ?f th~ land expressly
described in the description set forth In this Guarantee, or
title to streets, roads, avenues, lanes, ways ?r ~aterwa~s
on which such land abuts, or the right to malntal~ therein
vaults, tunnels. ramps or any other structure or Improve-
ment; or any rights or easements therein unless ~~ch prop-
erty, rights or easements are expressly and speCifically set
forth in said description.
(d) Defects, liens, encumbrances. advers(e1 )claimst adgainfsfet rtehde
title as guaranteed or other matters . crea e , su •
(
'" assumed or agreed to by one or more of the Assured; or (2)
resulting in no loss to the Assured.
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own tost to institute
and pro~ecute any action or proceeding or do a~y other
act which in its opinion may be necessary or desirable to
establish or confirm the matters herein guaranteed; and the
Company may take any appropriate action under the terms
of this Guarantee whether or not it shall be liable there-
under and shall not thereby concede liability or waive any
provision hereof.
(b) In all cases where the Company does so institute and
prosecute any action or proceeding, the Assured shall
permit the Company to use, at its option, the name of the
Assured for such pLir.pose. Whenever requested by the
Company, the Assured shall giv~ the Cbmpan~ all reason-
able aid in prosecuting such actIOn or proceeding. and the
Company shall reimburse the Assured for any expense so
incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION
5. C,
A statement in writing of any loss or damage for whicn it is
claimed the Company is liable under this Guarantee shall be
furnished to the Company within sixty days after such loss. or
damage shall have been determined. ~nd no right of actIOn
shall accrue to the Assured under this Guarantee until thirty
days after such statement shall have been furnished. and no
recovery shall be had by the Assured under this Guarantee
unless action shall be commenced thereon within two year~
after expiration of said thirty day period. Failure to fur!1ish ~uc:h
statement of loss or damage or to commence such action Within
the time hereinbefore specified. shall be a conclusive bar
against maintenance by the Assured of any action under this
Guarantee.
OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
The Company shall have the option to payor settle or com-
promise for or in the name 6f the Assured any claim which
could result jn loss to the Assured within the coverage of this
Guarantee. or to pay the full amount of this Guarantee or, if
this Guarantee is issued for the benefit of a holder of a mort-
gage, the Company shall have the option to purchase the
indebtedness secured by said mortgage. Such purchase, pay-
.ment or tender 01 payment of the full amoLint of the Guarantee
shall terminate all .!lability of the Company hereunder. In the
event ",fter notice of claim has been given to the Company by
the Assured the Company offers to purchase said indebtedness,
the owner of such indebtedness shall transfer and assign said
indebtedness and the mortgage securing the same to the
Company upon payment of the -purchase price •.
6. LIMITATION OF LIABILITY-PAYMENT OF LOSS
(a) The liability of the 'Company under this Guarantee s.hall be
limited to the amount of actual loss sustained by the As-
sured because of· reliance upon the assurC!nces herein set
forth, but in no event shall such liability exceed the amount
of the liability stated ·on the fa:ce page hereof.
(b) The Company will pay all cos.ts imposed upon the Assured
in litigation carr.ied on by the Company for the Assured,
and all costs and attorneys' ,fees in litigation carried on
by the Assured with the written authorizati.on of the
Company'
(c) No claim for damages shall arise or be maintainable under
this Guarantee (1) if the Company after having received
notice of an alleg~d d.efect, lien or encumbrance not shown
as an Exception or excluded herein removes such defect,
lien or encumbrance within a reasonable time after receipt
of such notice, or (2) for liability voluntarily assumed by the
Assured in settling any claim or suit without written con-
sent of the Company.
(d) Ail payments under this Guarantee, except for attorneys'
fees as provided for in paragraph 6(b) hereof, shall reduce
the amount of the liability hereunder pro tanto,. and no
payment shall be made without producing this Guarantee
'for indorsement of such payment unless the Guarantee be
lost or destroyed. in which case proof of such loss or
destruction shall be furnished to the satisfaction of the
Company.
(e) When liability has been definitely fixed in accordance with
the conditions of this Guarantee, the loss or damage shall
be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTL:2MEin
Whenever the Company shall have settled Q claim under this
Guarantee, all right of subrogation shall veat in ·the Company
unaffected by any act of the Assured, and it shall be subro-
gated to and be entitled to all rights and remedies which the
Assured would have had against any person or proper.ty .in
respect to such claim hqd· this Guarantee not been issued. If
the payment does not cover ·the loss of tbe Assured. the
Company shall be subrogated to such rights and remedies in
the proportion which said payment bears to the amount of said
loss. The Assured if. requested by the Company, shall transfer
to the Company all rights and remedies against any person or
,property necessary in order'to perfect such right of subrogation.
aild shall permit the Company to use the name of the Assured
in any transaction or litigation involving such rights or remedies.
8. GUARANT-EE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may
have or may' bring against the Company ariSing out of the
subject malter hereof must be based on. the' provisions of this
Guarantee.
No provision or condition of this Guarantee can be waived or
changed except. by a ,writing endorsed or attached hereto
signed by the President, a Vice. President. the Secretary, an
Assistant Secretary or other validating officer of the Compa1iY.
9. NOTICES, WHERE SENT
All not]cesrequired to be given the Company and any state-
ment in writing required to be furnished the Company shall be
addressed to it, (to be completed by each Company to fill its
own needs).
10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS
THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION
AND FOR THIS GUARANTEE.
• • fit ~ tflS.$9J
TRIANGLE REAL ESTATE DEVELOPMENT CO.
June 30, 1990
Mr. David Howser, Assistant
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, Ca. 92009
,1738 FANWOOD COURT
E CEI~EANSIDEI 'CALIFORNIA 92054 R' . V ED (619) 757·2029
JUL6 1990
CITY Of CARLSBAD
ENGINEERING DEPARTMENT
City Engineer
, ,
Re: Richard Caldwell' 'prc:>pe;r"tYf' 'AP'#''2'O'7'-''O'90'-''19'i' '38:40 Skyline Rd. -, ,~
Dear Mr. Howser,
I am writing to you on, behalf of Mr. Caldwell regarding the
lien contract against his property by the City of Carlsbad which
we discussed recently on the telephone;.
The lien contr~ct was apparently created in 1980 prior to
AP#207-090-08 being split. Subsequently the parcel was split t·o
creat parcel #1 & 2. The impr6v~ments, required under the lien
contract pertain to El Camino Real which is far .rem6ved ano. do
not involve the Caldwell Parcel #1. '
It is respectfully requested that. the City of Carlsbad re-
move the lien contract from parcel '#'207'-'0'9'0:"':1.9-but tetain the lien
against parcel #2" 'AP'# 2'0 7-' 0'9 0-'20 •
Sinc~ this property has been sold and is currently in, escrow,
your prompt consideration is deeply appreciated as this lien directly
affects the tt~fusference of title.
:;;;'~~
Harry G. Krikotian
HGK:cks
CC: Richard Caldwell
RESIDENTIAL .' LAND SUB·DIVISIONS
APARTMENTS • CONDOMINIUMS
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