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Home My WebLink AboutMS 499; ESTES; Minor Subdivision (MS)CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP FOR A MINOR SUBIDIVISION OF LAND~(INTO 4 OR LESS PARCELS) AS PROVIDED FOR IN CHAPTER 20.24 OF THE CARLSBAD MUNICIPAL CODE FILING FEE:· $300.00 FILING FEE RECEIPT NO. TO THE CITY ENGINEER OF THE CITY OF CARLSBAD: MINOR SUBDIVISION NO. MS~~ -(for off ice user- DATE ------- I. Request is hereby made for approval of Tentative Parcel Map of Minor Subdivision No. consisting of o.4~ gross acres, having -:z.. lots, being a proposed subdivision of land for property described as : (Exact Legal Description) ~ ~~ . ~u-rH generally located on the side of 1AlV\A~ ( Name of St reet) -rNorth, South, East, West) between AQ6..M-6 cpT· (Name of Street) and M6..\<6A.tRe?r WAY . (Name of 'Street) ASSESSORS PARCEL NO. W(;J -"2(00 -\C? Book Page Parcel . TY PE OF SUB D I V I S ION _-,!-;.t<~es~'CE~~N::t.,:-O~.;:A~L-~ __ -.-,---.--;---;-_.--,-..-___ _ ( Res ide n t i a 1, C omm ere i Cl 1, I n d us t ria 1 ) Are the existing or proposed parcels or lots in this minor subdivision subject to other discretionary approval (for example, a variance or con- d i tiona 1 use permi t)? Yes No _.:::...><~ __ PRESENT ZONE )2--1 -J~ AM the undersigned state that ( I, We) ( 1 am, We are) ~=-__ ~_~~N~EJ=~~~.-~ __ ~of the property described herein and hereby (Owner, Owners) (Authorized Agent) the give MY a.uthorization to the filing of this proposed tract ( My, Ou r) ma p. \ AM (I am, We are) Title 20 (Subdivision aware of and have had an opportunity to read Ordinance) of the Carlsbad Municipal Code. Name ~AC . E..~S Typed or Printed as shown on Recorded Deed Signature ____________________________________________________________ ___ Name and Address of Subdivfder; _-.J AC¥-@. e.~'1""eS II qq IAMAF?AC.A~ AvE. I CA\ZLG~D-, CA. q ~OO~ 7 ; Name, address and phone number of Engineer or Licensed Land Surveyor: No. \2-?£?,2cx;;2. "7 Ftze()E-.i2\C1=' M. Ne:..t2L.INGe:P j. LEGAL DESCRIPTION ALL THAT PORTION OF TRACT 242 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TAMARACK AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF TAMARACK AVENUE NORTH 61° 21 9 00" EAST, 619.24 FEET; THENCE SOUTH 28° 39' 00" EAST 44.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 61° 21t 00" EAST, 73.08 FEET; 'rHENCE PARALLEL WITH THE WESTERLY LINE OF SAID TRACT 242 SOUTH 28° 39' 00" EAST, 212.49 FEET; THENCE SOUTH 61° 21 too" WEST 73.08 FEET; THENCE NORTH 28° 39' 00" WEST 212.49 FEET TO THE TRUE POINT OF BEGINNING. -ransamenca A Ie Services .. ® SERVICE A T A FAIR PRICE FREDERICK ENG·INEERING '390 OAK AVENUE NORTH TRRHSAItERICft TITLE INSURANCE CmlPftHy 1100 CUKUDY COURT sid( DItGD, CflUfORHIlt '12111 11'r5~"'8Ul CARLSBAD CA 92008 05 COPIES clo TA 13-02, 00 CCR ESCROW NUMBER: ORDER NUMBER: 13-02-0061187 TITLE NUMBER: ·AMENDED NO. 1 PREL~INARV REPORT IN RESPIlHSE TO THt fU1DIJE REFER£HCEI) APPlICATItlIf FOR ft PlIlItY' OF TITLE IHSURftltCE, TRrufSftIl£RItft TITlE mSURAHCE CDnpftHY HEREBY REPORTS THAT IT IS PREPARE!) TO ISSUE, DR CAUSE TO BE. ISSUED,-AS Dr THE DATE HEREOF, ft CftLIFORHIft LAN!) TITLE IISSflCIftUIlH-STAHIMRD CgVERftGE rOM PQLICY Of TITlE INSURANCE DESCRIBING THE UHD ANI) THE ESTftTE,OR IK- TEREST THERElit HEREINAfTER SET FORTH, INSURING AGAINST LIlSS VHICH MY BE SUSTAIHEI) BY REftSOH or NtY DUEeT, LIEH, DR. EHCUlt9RftHCE HOT SHlHIH DR REF£RRED TO AS AN EXCEPTIllH BEUlU DR HOT EXCUIDED fROIt COIIERfiGE PURSUrufT TO -THE PRINTED SCflEDULES, CDHDITIIlKS AH£« STIPULATIONS or SAID· POLICY fORft. THIS. REPORT (ftND AHY SUPPLEnEHTS DR ftll£HDnEHTS THERETO) IS. ISSUED SOLELY fOR THE PURPUSE Of fACILITATING THE ISSUANCE or A PDUCY Dr TIfLE IHSURANCE ANI) NO LIABILITY IS ftSSUf!ED HEREBY. If IT IS DESIRED THftT LIABILITY 8£ ASSUI'IEf.\ PRIm! TO THE ISSUftl\';E {If It PI1LItY Dr TITlE IHSURRHCE, ft BIKOER OR GOrutITtf£HT SHDUlD 'BE REQUESTED. DATED AS OF NOVEMBER 26, 1980 at 7:00 A.M. GARY TRIPHAN (OFFICER) 18 I I ___________________________________ PA_G_E _____ 1 ________________________________ ~ . '" ransamenca _ tie Services ® TE SERVICE AT A FAIR PRICE ...--4 'The estate or interest in the bl'l4 4escribe4 herei(\ is a: FEE SIMPLt;: IlN THE I)ftT£ SHIlVH ftDUUE, niE £STATE OR IHltR£ST REfERm Tfj flEREIN IS VESTED IN: 13-02-0061187 JACK R. ESTES, A WIDOW~R, AS TO A PORTION OF PARCELS 1 & 2; AND BROOKS A. WORTHING, A SINGLE MAN. AS TO AN UND'IVIDED 1/2 INTEREST, AND MICHAEL W. THOMPSON, A SINGLE MAN, AS TO AN UND'IVIDED 1/2 INTEREST, AS TENANTS IN COMMON, AS TO PARCEL 3 AND WORTHINGTONI THOMPSON LIMITED,' A LIMITED PARTNERSHIP, AS TO PARCEL 4 The land, r,e·ile1"1"ed to herein is situated in the State oil CALIFORNIA, County oil SAN DIEGO, City oil CARLSBAD and is desc1"ibed as iloilows: PARCEL' 1: ALL THAT PORTION OF TRACT 242 OF THE THUM LANDS, IN THE C,ITY OF CARLSBAD, COU~TY OF SAN. DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16S1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED'AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TAMARACK AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF TAMARACK AVENUE NORTH 61 DEGREES 21 MINUTES 00 SEOONDS EAST 367.34 FEET TO THE NORTHERLY MOST BOUNDARY CORNER OF CAMINO DEL SOL, ACCORDING TO MAP THEREOF 5406, FILED IN THE OFFICE OF THE COUNTY REC'ORDER OF SAN DIEGO COUNTY, JUNE 16, 1964; THENCE SOUTH 28 DEGREES 39 MINUTES 00 SECONDS EAST, 44.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 61 DEGREt;:S 21 MINUTES 00 SECONDS EAST 78.00 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE CONTRACT OF SALE BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS OF THE STATE OF CALIFORNIA, AS VENDOR AND JACK R. ESTES, AS VENDEE, RECORDED MAY 28, 1959, IN BOOK 768~, PAGE 453 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE AND BEING PARALLEL WITH THE WESTERLY LINE OF SAID TRACT 242, SOUTH 28 DEGREES 39 MINUTES 00 SECONDS EAST, 120.49 FEET; THENCE NORTH 6,1 DEGREES 21 MINUTES 00 SECONDS EAST 7.50 FEET; THENCE SOUTH 28 DEGREES 39 MINUTES 00 SEC€JNDS EAST, 106.00 FEET; THENCE SOUTH 61 DEGREES 21 MINUTES 00 SECONDS WEST, 78.00 FEET TO THE EASTERLY BOUNDARY OF THE ABOVE REFERENCED'CAMINO DEL SOLi THENCE ALONG SAID EASTERLY BOUNDARY THE "). '. . . FOLLOW:ING D,ISTANCES AND COURSES NORTH 28 DEGREES 39 MINUTES 00 SECONDS WEST 90.99 FEET; THENCE SOUTH 61 DEGREES 21 MINUTES 00 SECONDS WEST 7.50 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 00 SECONDS WEST 135.50 FEET TO THE POINT OF aEGINN-ING. PARCEL 2: ALL THAT PORTION OF TRACT 242 OF THUM LANDS, IN THE CITY OF CARLSBAD, PAGE 2 ~ -------.... ------~ --" - ransamenca _ tie Services ® TE SERVICE A T A FAIR PRICE 13-02-0061187 COUNTY OF SAN DIi;GP, STATE OF CAL,IFORNIA, ACCORDING TO MAP THEREOF NO. Ih$l, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, D.ECEMBER ~It-1915, DESCRIBED AS FOLLOWS: COMMgNCING AT THE' INTERSECTION OF THE CENTER LINE. OF TAMARACK AVENUE AND ADAMS STREET; THENC,E. ALONG THE· CENTER LINE OF TAMARACK AVENUE NPRTH 61 DEGREES 21 MINUTES 00 SECONDS EAST, 619 .. 24 FEET; THENCE SOUTH 29 DEGREES 39 MINUTES' 00 SECONOS EAST' 44.·00 FEET TO THE POINT OF BEGINNING; THgNCE NORTH 61 DEGREES 21 MINUTES 00 SECONDS EAST, 73.08 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SA:ID' TRACT 242 SOUTH 29 DEGREES 39 M:INUTES 00 SECONDS EAST, 212.-49 FEET; THENCE SOUTH 61 DEGREES 21 MINUTES 00 SECONDS WEST 73.09 FEET; THENCE NORTH 28 DEGREES 39 MINUTES 00 SECONDS WEST 212 .. 49 FEET TO THE TRUE POINT OF BEG.INNING. EXCEPT THE INTEREST IN (SOUTHERLY 4 FEET OF SAID LAND) CONVEYED TO THE (CITY OF CARLSBAD) FOR SYMEDRlVE DEDICATED. TO THE CITY FOR STRf;ET PURP'OSES BY DEED RECORDED APRIL 18, 1980, NO. 80-132755, OFFICIAL R'ECOR DS .• PARCEL 3: PARCEL 1 OF PARCEL MAP 10262 RECORDED ~ULY 23, 1980 AS FILE PAGE NO. 230905. BEING A DIVISION OF TRACT 242'OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 1691 FILED IN· THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915. PARCEL 4: PARCEL 4 OF PARCEL MAP 10262 RECORDED ~ULY 23, 1980 AS FILE NO. 230905. BEGINNING ·A DIVISION OF .TRACT 242 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 1681. FILED IN THE OFFICE OF COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915. tlH THE !)(It£ HEREOf EXCEPTIONS ttl COIJERftGE IN fll)DITIDH Ttl THE PRINTED EXCEPTIDNS ftHi) EXCLUSmHS CDHTftIKEO IN ,StUD PULICY fDRn VUutD BE £IS ftlllf.{lIS: . ITEM: A.,Ol COUNTY TAX~S, as follows: For Fiscal Year: 1980-81 First Installment:· $69.'90 -OPEN Second Installment: $6S:.90 -OPEN Land Value: $2,897.00 Ac.count No .. : 206-206-99 Code Area No.: 09000 PAGE 3 -;"'" ,_.,.- ransamenca ---------.:.------------ tie Services .. ®'" TE SERVICE A T A FAIR PRICE ITEM: A.02 THE ABOVE ITEM AFFECTS: A PORTION OF PARCEL 1 ITEM: A.03 COUNTY TAXES, as Tollows: For Fiscal Year: 1980-81 Fi rs tIns ta ll.ment: $:~8. 33 -OPEN Second lnstallmen--t: $5'8.33 -OPEN {;;at:id _ Va_l.ue: $2, 434.00 Account No.: 206-260-17-99 Code Area No.: 9000 ITEM: A.04 THE ABOVE 'ITEM AFFECTS: PORTION OF PARCEL 2 ITEM: A.05 COUNTY TAXES, as follows: For Fiscal Year: 1980-81 First Installment: $681.85 -·OPEN Second Installment: $681..85 -OPEN Land Value: $20, 175 .• 00 Improvement Value: $12,200.00 Account No.: 206-260-16-99 Cod~ Area No.: 9000 ITEM; A.06 13-02-0061187 THE ABOVE ITEM AFFECTS: PORTION OF PARCELS 1 AND 2, AND PARCELS 3 AND . . 4, WITH OTHER PROPERTY PAGE 4 ----~ .-.. ~----~ ---.-'----..:.... _ ...... ~------;...-..,.~---..... ---==---..:;..~--.'-------. --.~. ransamenca itle Services A. ®" TE SERVICE A T A FAIR PRICE -'~ " ITEM: 1. EASEMENT, and incidents thereto, 13-02-0061187 Reserv,ed b-q: SOUTH COAST LAND COMPANY, A CALIFORNIA CORPORATION ~ecord,ed, Offic-ia·l R'ecords: FEBRUARY 11, 1924 Book IRee 1: 991, OF DitE't)S 'Page/Ima-ge: 200 Purpose: WATER PIPE LINE Affects: NO LOCATION SET FORTH ITEM: 1.01 - THE ABOVE ITEM AFFECTS: PARCEL 2 ITEM: 2. DEED OF TRUST ~or the original amount shown below. and any other amounts payable under the terms t~ereof. Original Amount: $100,000~OO Dated: ~ANUARY 16, 1978 Recorded, Officia.! Records: DECEMBER 13, 1978 Series/Insh'ume~t No.: 78-534490 Trustor: BROOKS A. WORTHING AND MICHAEL W. THOMPSON Trustee: ST. PAUL TITLE COMPANY, A CALIFORNIA CORPORATION Bene~iciary: JACK RICHARD ESTES ITEM: 2.01 THE ABOVE ITEM AFFECTS: A PORTION OF PARCELS 1 AND 2 AND PARCELS 3 AND 4 WITH OTHER PROPERTY ITEM: 2.02 SUBSTITUTION OF TRUSTEE under said deed of trust. Recorded., Official Records: JUNE (:u 1980 Series/Instrument' No .. : 80-182024 New Trustee: TRANSAMERICA TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION PAGE 5 ---:.~~ lransamenoa • tie Services R TE SERVICE AT A FAIR PRICE I, 13-02-0061187 ITEM: 3. :,,--DEED OF TRUST faT' the oT'iginal amount shown below, and an'J otheT' amounts pa'Jable under the teT'ms tbereo'. Original Amount: $39,087.00 Dated: JUNE 13, 1980' Recorded" ,O,pfici~.l Records: AUGUST 26, 1980 5eT'ies/lnstrumEmt No.: 80-272720 TT'ustor: ' WORTHING/THOMPSON LIMITED, A LIMITED PARTNERSHIP TT'ustee: TRANSAMERICA TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficia~'J: ~ACK RICHARD ESTES, A WIDOWER ITEM: 3.01 THE ABOVE ITEM AFFECTS: PARCEL 4 ,ITEM: 4. DEED OF TRUST .pOT' the oT'iginal amount shown beiowl and an'J otheT' amounts -pa'Jable undeT' the teTms t~eT'eof. OT'iginal Amount: $16,000.00 Dated: NOVEMBER 3, 1980 " RecoT'ded, O.pf,lci.al RecoT'ds: NOVEMBER 13, 1980 SeT'ies/lnstl'ument No.: 80-381633 TT'ustoT': BROOKS A. W~RTHI'NG, A.SINGl;.E MAN AS TO AN UNDIVIDED 1/2 INT. AND MICHAEL W. THOMPSON, A SINGLE MAN AS TO AN UNDIVIDED ONE-HALF INTEREST AS TENANT S,IN COMMON Trustee: TRANSAMERICA TITLE INSURANCE COMPANY, A CAt.,IFORN'IA CORPORATION Bene.picia,T''J: ROLAND WILLIAM KLOTZ AND ELIXABETH FLORENCE KLOTZ ITEM: 4.01 THE ABOYE ITEM AFFECTS; PARCEL 3 ITEM: 5" AGREEMENT on the teT'ms and conditions contained theT'ein. PUT'posce: PA-Yf1ENT OF PUBLIC FAC'ILITIt;;S Ft;E ,E~ecuted b~: JACK R. ESTES AND CITY OF CARLSBAD RecoT'ded, Official Rec~T'ds: OCTOBER 10, 1980 Loca-tion: @REFERENCE IS MADE TO SAID INSTRUMENTS FOR MORE PARTICULARS ; , -INSTRUMENT NOS.: 80-335853 AND 80-335854 PAGE 6 ___ ..... __ A __ ..... __ ~ • _____ ...... __ ..-........ ____ ~ __ ~ • ___ ~ ____________ , _____ .... ~ ____ "-_____ t ___ ...... ~~ _,, __ _ II [I II -JI jl II 11 II II 11 II II :,.\1 -'II II JI II II I ~ 1 ~..... ~~ranSamenGa A ~ .' ,j • Title Services _ T ~:' ~ FI ATE SERVICE AT A FAIR PRICE ® .~ .. . 13..,.02-0061197 . tmLtSSSHUIiH Iff THE. BY Ilf THIS PR£tIftIimRY REPORT THERE ftPf'EARS.OF RECt1lm.mI TRAHSf£RS OR AGREEnEftTS TO TRftNSfER THE LffNl) ~~CRI8Ef) HEREIn R£UlR»EI) UURHIHG THE P£~IOi) or SIX l10ifTfl.S PRIOR TD THE DATE or THIS REPORT I EXCEPT AS fIltUlVS: NONE SHORT TERM RATE DOES NOT APPLY PAGE 7 #""'-~ .... ~~ @ @7;J • \ ~--¥-. e"" ® 43 ) ~ ---------------- . -----------.-f-,..,..5 ro?-:\C\, ZA2 206 PG 26 M~PPF n >,)R !C;<;F<:<;MFNT PPRPOS£S 0:"1, y MAP 5406 MAP 5267 MAP 1681 e • t:.. •. .:.z / I~IOOI A -- CHANGES ~'\)(. CAMINO DEL SOL STELLA MARIS ESTATES 8LK t--- r- r--- L OLD 5b 4«:>. r-" --- -THUM LANDS -POR TeT 242 -ROS 830.3313.3696 NEW YR CUT 481-.9 6'3 375S 60-:52-'it<> .33'1'l . ~-.-. } ... -t--.-- --~-~ .:~~.= _ .. -.. --'- r--r.---- r-L.-.'- .- ------ -'-- l-ransamerlca ) Title Services _ FI'j,1T RATE SERVICE AT A' FAIH PHICE • • . j' PARCEL MAP GUARANI'EE Parcel Map No. 499- Order No. 61187 Consisting of 1 Sheets Issued for.the benefit and protection of the County of San Diego and any city within which said subdivision if located. After an examination of the Official Records of the County of San Diego, State of California, which records impart constructive notice of matters relating to the title to the land hereinafter described. TRANSAMERICA TITLE INSURANCE ca.1PmY a California corporation hereby guarantees, in a sum not exceeding $1,000.00, that as appears from said records the only parties having any record interest in said land, and whose signatures are necessary, under the provisions of the California Subdivision Map Act, to entitle said Parcel Map No. to be recorded and to effect the dedication of any streets, roads, alleys and other easements offered for dedication by said parcel map are the following: ( 1) OWNER JACK R. .ESTES, A WIDOWER ( 2) \~. The signature of the South Coast Land Company, a California' I Corporation, owner of an easement for water pipe liens as disclosed I by deed recorded February 11, 1924 in Book 991 page 200 of Deeds I has been omitted under the provisions of Section. 66436c-(1) of the Subdivision Map Act, in a?much as such interest cannot ripen into a fee and sa id signature is not required by the 'II governing body_ IJ ----_._----. .--------.-----------------.------------------------------------- ;~}~~~~Y~'~:""""~t,:~,;~"." ... ~!. ',~ ~ 1 .... . ~'~.... ' "."-'-" • • ~ '>, , ,'. " ' .. ' , " see exhibit "A" which' fs attached hereto and :made ,a '. 'part hereof -; ... " ~ ,:,~ ," .'. In witness whereof, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation., has caused ,its corporated seal to be affixed hereto, and has caused ,to be.affixed the signature of its Assistant Secretary, thereunto duly authorized. bated at this 10th day of December , 19 80 ~an nj.ecro TRANSAMERICA TITLE Il'iSU.~C.E. COMPANY • I . " , EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF TRACT 242 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TAMARACK AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF TAMARACK AVENUE NORTH 61° 21 t 10" EAST 367.46 FEET TO THE NORTHERLY MOST BOUNDARY CORNER OF CAMINO DEL SOL, ACCORDING TO MAP THEREOF 5406, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 16, 1964; THENCE SOUTH 28° 28 t 12" EAST, 44.00 FEET TO THE "POINT OF BEGINNiN6;-T-HENCE-NORTH"-------- 61° 21t 10" EAST 78.05 FEET TO THE WE$TERLY LINE OF THE LAND DESCRIBED IN THE CONTRACT OF SALE BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS OF THE STATE OF CALIFORNIA, AS VENDOR AND JACK R. ESTES, AS VENDEE, RECORDED MA Y 28, 1959, IN BOOK 7686, PAGE 453 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERL Y LINE AND BEING PARALLEL WITH THE WESTERLY LINE OF SAID TRACT 242, SOUTH 28° 38 t 06" EAST, 97.50 FEET; THENCE SOUTH 61° 21' ll" WEST, 78.33 FEET TO THE EASTERLY BOUNDARY OF THE ABOVE REFERENCED CAMINO DEL SOL; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 28° 28' 12" WEST 97.50 FEET; TO THE POINT OF BEGINNING. .,j::~" GUARANTE£ CONDITIqNS AND ,STIPULATIOe FOR US"WITH CLTA FORMS NO.1 AND 3 (5-10·67) . . GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: (a) "land": The land descriPed, specifically or by reference, in this Guarantee and improvements affixed thereto which by law con- stitute real property; (b) "public records": Those records which impart constructive no· tice of matters relating to said land; (c) "date": The effecti';e date; (d) "the Assured": The party or parties named 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 secur- i ty 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 shown as existing liens by the records of any taxing authority that levies taxes or assess- ments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in the Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels. ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, 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 cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or con- firm 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 thereunder 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 purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS -LIMITATION OF ACTION A statement in writing of any loss or damage for which 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, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been fur- nished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expira- tion of said thirty day period. Failure to furnish such 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. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to' payor settle or compromise for or in the name of the Assured any claim which could result in 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 l5enefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after 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 shall be lim. it.ed t~ the amount of actual loss sustll:ined by the Assured because of rehance upon the assurances herem set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization 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 alleged defect, lien or encumbrance not shown as an Excep- tion or excluded herein removes such defect, lien or encumbrance wi thin 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 consent of the Company. (d) All 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 SEITLEMENT Whenever the Company shall have settled a claim under this Guarantee all right of subrogation shall vest in the Company unaffected by any ac; of the Ass~red, a~d it shall be subrogated to and be entitled to all rights and reme~!tes which the Assure? would h!'-ve had against any person or property 10 respect to such claim had thiS Guarantee not been issued. If the payment does not cover the loss of the 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, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. GUARANTEE 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 matter 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 Company. 9. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it, at the office which issued this Guarantee. 10. The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. • • s'rATEr-mNT OF AGB.EEMENT TENTATIVE PARCEL MAP . CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad r-1unicipal Code sets a fifty (50) day ·time restriction on Engineering Department pro- cess·ing. This time limi·t can-only be ex·tended by the mutual concurrence of ·the applicant and the City. By accepting appli- cations for Tentative Parcel Maps concurrently with applications for ot-her approvals which are prerequisi·tes to th.e m2.p i i. e. I Environmental P.ssessment., . Environmen·tal Impact Report, Coridominiu..-rn . Plan, Planned Unit Development, etc. t th:~ fifty (50)· day time limits are often exceeded. If you wish to have your application processed concurrently, ·this agreement r~lUS t be signed by the applicant. or his agent. If you choose Dot to sign the statement, the City will not accept your application for the Tentative Parcel rlap until. all prior necessary enti-tlement:s have been processsd G~r:d C'.;?proved. 'J:he undersigned tmC:;e:-::'st.c:·mC:s ti1i1t the prbcessing ·t.ime requi)~ed by t~e City may exceed the time limits; th~refore, the undersigned agrees to ex-tend !c.be time ,limits foy City. Bngineer action and 'fully (:!oncurs with any extensions oi: time up to one year from the d2.te the 2.pplication was accepted as complete to f!:r'operly r8view ~~.l of the applications. _JOl7 /--/6_0 __ . __ _ Date/-I ·8NG1N~f2. ·---------'-l~e la TIonshl p to APi? f.:["ca t . .1.on . (property O"me:;:-A~rcnt.) .' , ------~--~-----~~-------------------,"",\ I • ,,:I'}, , • \ ~ .. 1"i'lt) • ,~ , .• '. "ft~,t r'ecording return to: 551 II' .. t' C~ ty o"f Carlsbad 1200 E1m Ave. Carlsbad, CA 9200g AGREEMENT DETNEEN DEl'lBLOPER-0NNER AND THE CITY OF CARLSBAD FOR 'l'HE PAYMENT OF A PUBLIC FACILITIES FEE , . THIS AGREEMENT ,is entered into this ;;. 7 Ii!-day of .4vbJ.JS r : 19 80 , by and between Tack ,{, Estes ~------~~--~----------~------------------------------------------' (name of developer-owner) a Sole PropTietorshio , hereinafter referred to as (Corporation, partnership, etc.) ~'Developern, whose address is ____ ~1~lr9~9~~~,a~m~a~r~ac~k~'~A~v~e~,----------------, (street) ~.~~~~~~~rl~s~b~a~d~,~·C~,a~.~9~20~0~8~~ _______________________ , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, " -hereinafter referred to, as "City", whose address is 1200' Elm Avenue, Carlsbad,,' California, 92008. . ' " WIT N E S S E'T H: WHEREAS, Developer is the owner of the real property described , on Exhibit, "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; 'and WHE~AS, Developer proposes a development project as fo1lo\-1s:. A. P.'N. 206-260-1'7 '" , . " . . , . . , " • 5&2 on said Property, which development carries the proposed name of __________ ~===========_ ____________________ . ________ ~ and is hereafter referred to as ftDevelopment"j and __ WHEREAS, Developer filed on the J:J...!!t." day of S£flE/71.1hE£'" r 1980 , with the City a 'request for ____ ~A~L~o~t~S~pl~i~t~t~~c~r~ea~t~e_tw~o __ lo_t_s __ _ (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council 'find .that all public ,facilities necessary to serve a development will be available concurrent with need or such develop~ent shall not be approved . . (said element is on file with the City Clerk. and is incorporated by this referencei and 'WHEP~AS, Developer and City recognize the correctness of . Council Policy No. 11, dated Augus t 29, 1979, on fi 1 e VIi th the Ci ty Cl erk and incorporated by this reference,' and that the Cityl'S public facilities and services needs of the Development as it is presently proposed; but the Developer is aware that the Ci,ty cannot and will not be able to make any such finding without financial assistance to pay for such, services and facilitiesi.and, ~herefore, Developer proposes 2 •. . . .. , , • .' . ~ . "- 5!J3 to help S'atisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the' covenants contained herein, the parties agree as follows: . 1. The. Developer shall pay to the City a pubiic facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or st+,uctures to be constructed in.the Development pursuant to the Request. The fee shall be paid prior to t~e issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fe~s, dedications or improvements required pursuant to Titles 18, 20 or 2l'of the Carlsbad Municipal Code.:' A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Hunicipal"Code.· . Developer shal~ pay a' fee for' conversiori of existing buildi .... :gs or . . ,i)- structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a ~. condominium conversion permit as provided in Chapter 21.47 of the l 'Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, exceptin reference to mobilehome sites or . projects, shall not refer to gradi.ng permits or other permits for the construction of underground or street improvement~ unless no other permit is necessary pri;r to the Use or occupancy for which . 3. .. t. \ the development is intended. ,Developer shall pay to City a'public facilities fee in the sum of $1,150 for each mobilehome space ~o be . constructed pursuant to 'tne Request. The fee shall be paid prior to the issuance of pui:J.ding or other construction permits ~or the development. This fee phall be in addition to any fees, dedications or improvements required according to Ti.tles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be give~ for land which has been dedicated for park purposes' or for any fees paid in lieu thereof pu~suant to Chapter 20.44 of the Carlsbad Municipal Code. - . . 2. The Developer may offer to donate a site 'or sites, for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph I above. If Dev~loper offers, to .: ", donate a site or sites for pul;>lic facilities, the. City shall"" . , consider, but is not obligated to accept the offer.. The time for donation and amount of credit against the fee shall be determined . by City prior to the issuance of any ~uilding or other' permits. Such de~ermination, when made, shall become a part of this agree~ mente Sites donated under this paragraph shall not include ~mprovements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3.. This' ~greement and the fee paid pursuant her,eto are ~equired to ensure the consistency of the Development with the City's General Plan. If the fee is' not paid as provided herein, the City will not have the funds to provide public facilities an.d services, and the Development ~ill not be consistent with the General Plan and any appr~val or permit for the Development shall 4. .' ': 5;;5 be void. No building or other construction permit or entitlement for'use shall be issued ~ntil the public facilities fee required by this agreement is paid. 4. City agreE?s to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facili ties when the City Council determines the, 'need exists to provide the facilities and su~ficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to c~mply with any requirements of other public 'ag~ncies as' evidence of, adequate public facilities and services sufficient to accommodate the needs of the Development herein described. , . 6. All obligations hereund~r shall terminate in the event the Requests made by Developer are not approved. ,·7. ,Any notice from one party to the other shall be in writi~g', and shall be dated and signed by the party giving such' not~ce or by a duly authorized representative of such part Yo Any such notice shall not be effe'ct:.ive for any purpose whatsoever unless served in one of the following manners:' 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United Sta'tes Mail, addressed to the City at the address set forth'heretn, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. i ;, f •• 1 .' , . . . • , Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, posta.ge prepaid and certified • . 8. This agreement shall be binding upon and shall inure to the benefit,of, and sha~l apply to, the ~espective'sucGessors and .assigns of'Developer and the City, and references to Developer Qr City herein shall be deemed to be reference to and inctude·their r~spective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest ·in the Property,' all Obligations Of. Developer hereunder shall terminate; provided, however, that any successor of Developer's . interest in the Property shall have first assumed in writing the Developer's obligations hereunder. 9. This ~greement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfie~, City shall record a release. III III III' III III III III III III ill .... · 6~ i . I I M , .. . ,,' • . . ... 557 IN WITNESS WHEREOF, this agreement is exe.cuted in San Diego County, California as of the dat~ first written above. 'DEVELOPER-OWNER: Jack ~. Estes (T~tle) - By ______________________________ __ {Title} STATE OF CALIFORNIA . COUNTAY OF S an,-=;-D_~_' ~e-:::g'-;:;o~-__ --} S5, On ugust 27, 1980 before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~-;:;--;;:--::---.:-;--___ --- Jack R. Estes** -----------------, known to me to be the person --whose name is b 'L su scn ed to the within instrument and acknowledged thaL he same, '---==--executed the CITY OF CARLSBAD, a municipal corporation of the State of California ~'.' By ____ · __ ·~~ __ ---~----------~--------City Manager " 558 ® SAFECO FOR NOTARY SEAL OR STAMP \ " .;j " I c .. ' ~ j it e , ' ., 5&9 .. . EXHIBIT II All LEGAL DESCRIPTION ,LEGAL DESCRIPT10N JiLL TH1\T PO~TION OF TRACT 242 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF S.AN 8IEGO, STATE OF CAL1FORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED Jl'~ THE OFFICE or THE COUNTY RECORDER O<F SAID SAN DIEGO COUNTY. DECE~\'lGZR 9, 1915, DE~CRI8ED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 'TAMARACK A VENUE AND AD!~MS STREET; THENCE ALONG TIIE CENTER LINE OF T}~~,,1ARACK AVENUE NORTH 61° 21' 00" EAST, 619.24 FEET; THENCE SOUTH 28° 39' 00" EAST 41.00 FEE'T TO THE POINT OF BEGINNING; THENCE NORTH 61° zr 00" EAST, 73.08 FEET; 'THENCE PARALLEL WITI-I THE WESTE'RLY LINE OF SAID: TRACT 242 SOUTH 28° 39f on" EAST, 212.49 FEET; THENCE SOUTH 61° 21 f 00" WEST 73.08 FEET; THENCE NORTH 7.3° 39~ OO~· WEST 212.49 FEET TO TIlE TRUE POINT OF BEGINNING. . , TENTATIVE PARCEL MAP -CHECK LIST Page -2- OTHER REQUIREMENTS: --6. Prel iminary Title Report (Sec. 20·.24.060) . Grading Plan, including approximate earthwork volumes or statement on map that no grading is proposed. Council Policy No. 17 (Public Facilities letter): A letter is required from the appropriate sewer and school distri~t (or districts) certifying that satisfactory faci I ltles exist or arrangements have been made to the satisfacton of the district to provide said faci I ities: Seyen copies of tentative parcel map (Sec. 20.24.030). 300' Radius Map - A map to scale not less than I" = 200' showing each lot within 300' of the exterior boundaries of the subject property. Each of these lots shal I be consecutively numbered and correspond with property owners' list. ' . .) Property Owners' List - A typewritten fist on self- adhes I ve (Avery) I abe I s of the name and address of a II persons owning property (as shown on the latest Equalized) Assessment Roll) and persons in possession, if different, within a 300' radius of the exterior boundaries of the subject property. Public Faci I ities Agreement -Completed .. signed and properly notarized (Individual, partnership or corporate notary with a I ega I descrl pt I on attached). Environmental Impact Assessment -Completed form (not re- quired for condominium conversions). Time Extension Agreement signed if concurrent application processing is desired.