HomeMy WebLinkAboutMS 502; SIE EDWARD; Minor Subdivision (MS)PARe EL l"IA P
.. f~Q.0 t\.J1l.NQ~ SUB! 0 I V IS l o!~ OF _ Lt\l~~:JJ.!n 0 JJ:._ OR _LES S _J'ARC ELS 1
AS P;~O\l! DED rOR li\] cl-~r:.. PiER 20" 2lj-OF THE ---_._--------------------_._----
CARLSBAD MUNICIPAL CODE
F ILl ~! G FEE: :~ 3 0 0 _ 0 0
F L -!.f-~IJ"" ! !NG FEE gECE1PT NO. ~O'./~ 1//17'2< M! NOR SUr~~~ I ~+~~ c~O~s~~_50;2.
D/\ TE ___ ~~ __ ------_
TO THE C 1 TY E!~G I NEER OF THE
CITY OF CARLSBAD:
I. Request is hereby maae for approval of Tentative Parcel Map of Minor
S u bd f vis ion No < ____ ._._. ____ con sis t i n9 of __ ._..:..._~_6 g ros s
acres, having L~2 l1nl~Pts; being a propossd subdivision of land for
property described as :
(Exact Legal Description)
-Lot 172 La Costa Meadow~ Un~t No, 1
~---.-----
-----_._--------------
----------------
generally located on the ~e$t -r Nor t h, Sou t h, E a s t, -We s t ) .
side of ~~cter~~ga Stteet between C~zade~m Drive -( Name of ·St reet) -[Narr;"e o·r~S~t-r-e-e-:-t""""()----
and Luciernaga C0u..rt-(Name ofStreetj---------
ASSESSORS PM~CEL NO. 215 260 4_3 _______ ---
Book Page Parcel
TYPE OF SUBDIViSION Res±dentia1 (Condom~niu~l t Res ide n t i u 1 1 C omm c rc' i a r-, -rnci"u 5 t ria J) .. -----
Are the existlng or proposed pureels or lots in this minor subdivision
subject to other discrctlon.3ry approval (for e)<.ample. a vari(Jrlce or con-
di1:iolli::t1 use permit)? Yes No _X_x ____ _
" -e
PRESENT ZONE R-2
We the undersigned state that We are
( I, We ) C I am, \1 e a rer the
Owner s _ of the p rope rty desc r i bed he re ina ncl he reby ---cOv-v n-e---r~, ~O-w-=n-e-r-s-')'---'('-;A'----u' tho r i zed Age n t )
give Our authoriz~tion to the fil ing of this proposed tract
( My, Ou r )
ma p, tle :',~are ~_avl/a re of
( I am, We are)
and have had an oppo~tunity to read
Title 20 (Subdivision Ordinance) of the Carlsbad Municipal Code.
Name Edward H. Sie
(Typed or Pri nted as shown on Recol-ded Deed)
Signature~~nn&i 6f~~--------______ , _________________________ __
Name Emmy Tong -In W o~,. __ -;---___ ~ __ --.----;--;:::-_--,--,: ______ _
(Typed or Printed as shown on Recorded Deed)
S i 9 na t u re bm:{' /~ ~1rv tJ"~'
Name
-"-TTyped or Pr i nted as shown on Recorded Deed) Signature, _____________________________________________________ _
Name
(Typed or Printed as shown on Recorded Deed)
Signatul-e
Name and Address of Subdivfder:
Ker-Kong Tung
7739, Ani110 Way Car1$bad, Ca1tfornia ~2008
,Name, address and phone number of Engineer qr Licensed Land Surveyor:
No. R.C.E. 16421
Bradley & Associates, Inc.
1450 Descanso Road, P.O. BGx 1115, Sa~ Marcos, California 92069
"
CIIECK LIST
------_ ..... -~ --.----.... ~----
Each ferit3tive parcel map shall contain the follo~ing information: (Sec. 20.24.040)
1. Nome and address of the owner whose property is pro-
po sed to b 0; S u h d 'j \' ide dan d t Ii e n a!n e and il d d res s of
the sub d i v ide l~ ;
x 2. Name and address of r~gistc~ed civil engineer~
licensed surveyor, or other person who prepared the
tentative parce'l map; (Note: Final parcel map must
be prepared by a' reg'j sterec.l engi neel~ or 'I i censed
1 and SU1~veyor.)
x 3.
x 4 .
......x. 5.
J:. 6.
yjA 7 .
x 8.
x 9.
x 1 Q •
f
n.
..JL 12 .
13"
'x 1 ~, .
x 1 r~ ~ .
1 G.
'17 .
1 B,.
"
North point;
Scale;
Dato of preparation;
The location, 'width and nam2S of all streets adjacent
to the boundaries of the propo~ed minor subdivisions;
Location and width of alleys;
Origi~al boundary delineated by heavy blue border;
Lot, ,I i n e s 'a n d a p p l~ 0 x i fila ted i men s ion s a 11 d n u m b e. i~ s 0 f
each lot;
Approximate location and width of watercourses or
"areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
Approximate contours at two-foot intervals;
Approximate locution of buildings and perl1l~ncnt
structures;
Location of trees within proposed rights of way to
b(~ d,{d'i cn ted;
L c q did esc r i Ii t ion 0 f the ext e r -j ();~ b 0 U n den' i (: S (I f the
su[)div;S'ion;
\'iidth 0,:'ll1 'IOccltion of (11'1 cxistiilg OY" proposed publ'ic
r.l" :lriv(Jte CilSE'llIents;
Vi i..' tho d 0 f s c: Vi e l~ i n q cae h lot (e xis tin 9 and r i~ 0 P 0 S (; d
1 ,<J t era 1 s tl 11 d C? xis tin 9 s t2 \'! \: r' 1i1 u 'j n s silo \': n ) ;
Hethod of dr'ain'inq edch lot;
Ex i s t 'j n 9 s t r e e t, 5 C "J 21", It1 ~ t (~y' ~ Ct n cl s to ,l'lll cl \" <:: 'j 11 2 9 e
i In p;" (\ V (! m r. n t s (1" 0 n ~i the sub d 'j v 'i s ion f r () n t a 9 e ,
'j n c 'I u d 'i n 9 s t l'!.' [~ t ! i~) II t ~; c\ 11 d f 'j r (! 1I'y d r il 11 t ~, 0 n b (l L h
S 'j d f.' S (I f tile S U' C f} i; \'J i t h -j it 3 0 I) f e c: t () f the ~,; I: b cl i If "i s ion '
Page: .-2-
OTHf R i< ~:.Qi.J I RE!-iF NTS: ----_. -------.. --------
1 .
2 .
3.
L1.
x· 5 .
Prel imi ndi'y T-i t"l2 Report (Sec. 20. it!. 060)
'Grading Plan, including approximute c:ill"thwod:. volumes A_I.
Dr stcd.cment on l1li.1p that no grCl.di :19 is proposed. ~.;...-Q
C 0 U n c i 1 Po 1 'j c Y No. 1 7 (p ubI -i c f a c -j 1 'j tit: s 1 e ,t t 2 r ) * ~
S eve nco p -i e s 0 f ten t a ti v epa Y' C ,2 1 til a. p (S e c. 20. 24 . 030) .
, ----3 00 I R a diu s t· 1 Q!? -A 'm apt a sea 1 e not 1 e sst h Cl n 1 l\ :=: 2 0 0 I
S Ii 0 it,' =in 9 e a c h lot \'/ i t h i n 3 0 0 t 0 f t f: e e Y. t e t i o! b 0 U n dar -i e S
of the subject property. Ea~h of these lots'shall be
consecutively numbered and correspond with property
owners l list.
x 5. Froperil_Ovlnersl Li .. st -A type\'Jritten list on s21f-
a d It e s i v e (!\ v E:: r y) -I abe 1 S 0 f } hen a TIl e 0. n d Cl d d res S 0 f all
7.
persons owning property (as shown'o~ the lastest Equalized
Assessment Holl) and pe)~sons in possess-ion, if d-ifi'ct{'::'ilt,
within a 300 1 Radiu~ of the exterio~ boundaries of the
subject property.
Public FacilitiRs A~reement -----"-~~'--;"'_c';"_=_.;"';"";',b .;,.,..;;....;;..;.~;.....;
(signed and notarized)
* A letter is required from the appropriate sewer and
school district (or districts) certifying that
snt-isfactory f(lcilities exist Or an"angemcnts have
been made to the satisfaction Of the ,distr~ct to
prnvid0 said fncilities.
, ;
f ! '
'\ ~ '.
CALIFORNIA LAND TITLE A.SSOCIATION
STANDARD COVERAGE POLICY 1973
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street
or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage
and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown
in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment IS shown in
Schedule B.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
Issued by:
CmCAGO TITLE INSURANCE
COMPANY
Suite 100
2550 Fifth Avenue
Financial Centre
San Diego, California 92103
(714) 232-8921
CHICAGO TITLE INSURANCE COMPANY
Secretary
, , ~.
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company may have had against the
named insured, those who succeed to the interest of such insured
by operation of law as distinguished from purchase including, but
not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
The term "insured" also includes (i) the owner of the indebted-
ness secured by the insured mortgage and each successor in
ownership of such indebtedness (reserving, however, all rights
and defenses as to any such successor who acquires the indebted-
ness by operation of law as described in the first sentence of
this subparagraph (a) that the Company would have had against
the successor's transferor), and further includes (ii) any govern-
mental agency or instrumentality which is an insurer or guarantor
under an insurance contract or guaranty insuring or guaranteeing
said indebtedness, or any part thereof, whether named as an
insured herein or not, and (iii) the parties designated in para-
graph 2(a) of these Conditions and Stipulations.
(b) "insured claimant": an insured claiming loss or dam-age hereunder.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule B,
the owner of which is named as an insured in Schedule A.
(e) "knowledge": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason
of any public records.
(f) "land": the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term "land" does
not include any area excluded by Paragraph No. 6 of Part I of
Schedule B of this Policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(h) "public records": those records which by law impart
constructive notice of matters relating to the land.
2. (a) Continuation of Insurance after Acquisition of Title by
Insured Lender
If this policy insures the owner of the indebtedness secured
by the insured mortgage, this policy shall continue in force as
of Date of Policy in favor of such insured who acquires all
or any part of the estate or interest in the land described in
Schedule A by foreclosure, trustee's sale, conveyance in lieu of
foreclosure, or other legal manner which discharges the lien of
the insured mortgage, and if such insured is a corporation, its
transferee of the estate or interest so acquired, provided the trans-
feree is the parent or wholly owned subsidiary of such insured;
and in favor of any governmental agency or instrumentality which
acquires all or any part of the estate or interest pursuant to a
contract of insurance or guaranty insuring or guaranteeing the
indebtedness secured by the insured mortgage. After any such
acquisition the amount of insurance hereunder, exclusive of costs,
attorneys' fees and expenses which the Company may be obligated
to pay, shall not exceed the least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the unpaid principal of the indebted-
ness plus interest thereon, as determined under para-
graph 6(a) (iii) hereof, expenses of foreclosure and
amounts advanced to protect the lien of the insured
mortgage and secured by said insured mortgage at
the time of acquisition of such estate or interest in
the land; or
(iii) the amount paid by any governmental agency or
instrumentality, if such agency or instrumentality is
the insured claimant, in acquisition of such estate or
interest in s.atisfaction of its insurance contract or
guaranty.
(b) Continuation of Insurance after Conveyance of Title
The coverage of this policy shall continue in force as of Date
of Policy, in favor of an insured so long as such insured retains
an estate or interest in the land, or owns an indebtedness secured
by a purchase money mortgage given by a purchaser from such
insured, or so long as such insured shall have liability by reason
of covenants of warranty made by such insured in any transfer
or conveyance of such estate or interest; provided, however, this
policy shaIl not continue in force in favor of any purchaser from
such insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions-Notice of Claim to be
Given by an Insured Claimant
(a) The Company, at its own cost and without undue delay,
shall provide for the defense of an insured in litigation to the
extent that such litigation involves an alleged defect, lien, encum-.wance or other matter insured against b_ policy.
(b) The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in (a) above,
(ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse to the title to the
estate or interest or the lien of the insured mortgage, as insured,
and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate
or interest or the lien of the insured mortgage, as insured, is
rejected as unmarketable. If such prompt notice shall not be
given to the Company, then as to such insured all liability of
the Company shall cease and terminate in regard to the matter
or matters for which such prompt notice is required; provided,
however, that failure to notify shall in no case prewdice the
rights of any such insured under this policy unless the Company
shall be prejudiced by such failure and then only to the extent
of such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or pro-
ceeding or to do any other act which in its opinion may be neces-
sary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured; and the Company
may take any appropriate action, whether or not it shall be liable
under the terms of this policy, and shall not thereby concede
liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the provisions
of this policy, the Company may pursue any such litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the Company
the right to so prosecute or provide defense in such action or
proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of such insured for such purpose.
Whenever requested by the Company, such insured shall give the
Company, at the Company's expense, all reasonable aid (1) in any
such action or proceeding in effecting settlement, securing evidence,
obtaining witnesses, or prosecuting or defending such action or
proceeding, and (2) in any other 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,
including but not limited to executing corrective or other docu-
ments.
4. Proof of Loss or Damage-Limitation of Action
In addition to the notices required under Paragraph 3 (b) of
these Conditions and Stipulations, 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
or determine the facts giving rise to such loss or damage. Such
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, when
appropriate, state the basis of calculating the amount of such loss
or damage.
Should such proof of loss or damage fail to state facts sufficient
to enable the Company to determine its liability hereunder, insured
claimant, at the written request of Company, shall furnish such
additional information as may reasonably be necessary to make
such determination.
No right of action shall accrue to insured claimant until 30 days
after such proof of loss or damage shall have been furnished.
Failure to furnish such proof of loss or damage shall terminate
any liability of the Company under this policy as to such loss or
damage.
5. Options to Payor Otherwise Settle Claims and Options to
Purchase Indebtedness
The Company shall have the option to payor otherwise settle for
or in the name of an insured claimant any claim insured against, or
to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses
incurred .up to the time of such payment or tender of payment by
the insured claimant and authorized by the Company. In case loss
or damage is claimed under this policy by the owner of the
indebtedness secured by the insured mortgage, the Company shall
have the further option to purchase such indebtedness for the
amount owing thereon together with all costs, attorneys' fees and
expenses which the Company is obligated hereunder to pay. If the
Company offers to purchase said indebtedness as herein provided,
the owner of such indebtedness shall transfer and assign said
indebtedness and the mortgage and any collateral securing the same
to the Company upon payment therefor as herein provided. Upon
such offer being made by the Company, all liability and obligations
of the Company he"der to the owner of the indebtedness
SCHEDULE A
<-2 3 4 5
OFFICE FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE PREMIUM
May 10, 1979
23937 05-907-03-23937 at 8:00 A.M. $146,000.00 $438.00
1. Name of Insured:
EDWARD H. SIE and EMMY TONG-IN WONG
2. The estate or interest in the land described herein and which is covered by this policy is:
A Fee
3. The estate or interest referred to herein is at Date of Policy vested in:
EDWARD H. SIE, an unmarried man and EMMY TONG-IN WONG, an unmarried woman,
as tenants in common
4. The land referred to in this policy is situated in the County of San Diego ,State of
California ,and is described as follows:
Lot 172 of La Costa Meadows Unit No.1, in the City of
Carlsbad, in the County of San Diego, state of California,
according to Map thereof No. 6800, filed in the Office of
the County Recorder of San Diego County, December 9, 1970.
This policy valid only if Schedule B is attached. Chicago Title Insurance Company
FORM 3212
SCHEDULE B
Policy No. 23937
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses,
any or all of which arise by reason of the following:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained
by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatente~ mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
6. Any right, titie, interest, estate or easement in land beyond the lines of the area specifically described or referred
to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this
paragraph shall modiff or limit the extent to which the ordinary right of an abutting owner for access to a
physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such
law, ordinance or governmental regulation.
S. Rights of eminent doma,in o~ governmental rights of police power unless notice of the exercise of such rights
appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest
insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in
loss or damage which would not have been sustained if the insured claimant had been a purchaser or
encumbrancer for value without knowledge.
Form 3236-(R 10-73)
PART II
SEE SCHEDULE B CONTINUED
Schedule B of this Policy consists of
NOTE: The following endorsements appearing after
Schedule B are an integral part of this policy:
2696, 2697
pages. Chicago Title Insurance Company
POLICY NUMBER 23937
SCHEDULE B
CONTI'NUED
1. GeneX1a1, and, ~pecial taxes, a l,ient not yet p~yapl,e, for
i;'iscaJ." ye'B,r 1979-80.
2. The relinquishment on said Map o:f; r~9hts of acceSS from
said property to A~ga Road.
3. Covenants, conditions and restrictions, (deleting
therefrom any restrictions based on race, color'or
creed), as provided in a Declaration recorded December
9, 1970 as File No. 70-225652 of Official Records.
Said covenants, conditions and restrictions provide
that a violation thereof shall not defeat nor render
i,nvalid the lien of apy mortgage or deed of tr,ust made
in, good faith and for, value'. '
4. Deed of trust, dated May 4, 1919 securing an inqepte,dnes's
of ,$116,800.00, recorded May 10, 1979 as File No. 19-
192232 of', Off'.icia,lReco;r;Qs.
Trustor:
Trustee:
13enefici'a,ry:
EDWARD H. SIE, an unmarried man and
EMMY TONG-IN NONG, an tUlmarried
woman
INDEPENDENT ENCUMBRANCE SERVICE, a
corporation
SANTA FE FEDEML $AV;J:l'fGS ~D LO~N
ASSOCIATION, a corporation
ADDITIONAL PROTECTION ENDORSEMENT
FOR HOME OWNERS
ATIACHED TO POLICY NO. 23937
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
1. This Endorsement shall be effective only if at Date of Policy there is located on the land described in said
Policy a one-to-four family residential structure, in which the Insured Owner resides or intends to reside.
For the purpose of this Endorsement the term "residential structure" is defined as including the principal
dwelling structure located on said land and all improvements thereon related to residential use of the
property, except plantings of any nature and except perimeter fences and perimeter walls.
2. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against
loss or damage which the Insured Owner shall sustain by reason of:
a. the existence at Date of Policy of any of the following matters:
(1) lack of a right of access from said land to a public street;
(2) any taxes or assessments levied by a public authority against the estate or interest insured which
constitute liens thereon and are not shown as exceptions in Schedule B of said Policy;
(3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising out
of any work of improvement on said land in progress or completed at Date of Policy, except a
work of improvement for which said Insured Owner has agreed to be responsible;
b. the enforced removal of said residential structure or interference with the use thereof for ordinary
residential purposes based upon the existence at Date of Policy of:
(1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto
any easement shown as an exception in Part II of Schedule B of said Policy, or onto any
unrecorded subsurface easement;
(2) any violation of any enforceable covenants, conditions or restrictions affecting said land and
shown in Part II of Schedule B;
(3) any violation of applicable zoning ordinances, but this Endorsement does not insure compliance
with, nor is it in any way concerned with, building codes or other exercise of governmental police
power;
c. damage to said residential structure resulting from the exercise of any right to use the surface of said
land for the extraction or development of minerals, if minerals are excepted from the description of
said land or shown as an exception or reservation in Schedule B.
This Endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms
and provisions of the policy or cornrnitment and prior endorsements, if any, nor does it extend the effective date of
the policy or commitment and prior endorsements or increase the face amount thereof.
Authorized Signatory
Note: This endorsement shall not be valid or
binding until countersigned by an authorized
signatory.
Form 2696
CHICAGO TITLE INSURANCE COMPANY
ATTEST:
Secretary.
Form 2697
HOME 09'S INFLATION PROTECTION END.EMENT
ATTACHED TO POLICY NO. 23937
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insu.red Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by
said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the
manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1
which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which
this Endorsement is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum amount of insurance provided by said Policy (as said amount may have been increased
theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United
States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of
September immediately preceding exceeds such Index for the month of September one year earlier;
provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount
of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which,
under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall
be no annual adjustment in the amount of insurance for years in which there is no increase in said
Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force
shall be deemed to be the amount which is in force as of the date on which the insured claimant first
learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of
the first notice of such claim, whichever shall first occur.
PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at
Date of Policy:
11. The land described in this policy is a parcel on which there is only a one-to-four family residential
structure, including all improvements on the land related to residential use, in which the Insured Owner
resides or intends to reside; or,
b. The land consists of a residential condominium unit, together with the common elements appurtenant
thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside.
This Endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms
and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of
the policy or commitment and prior endorsements or increase the face amount thereof.
Authorized Signatory
Note: This endorsement shall not be valid or
binding until countersigned by an authorized
signatory.
CHICAGO TITLE INSURANCE COMPANY
ATTEST:
Secretary.
NOTE: In connection with a future application for title insurance covering said land, reissue credit on
premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as
stated in Schedule A of said Policy.
. ,.
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'·\'I'J..:gj:-.c ..• "Important.. d s a conV8n18?Ce t ts and other \ lJ ._J "'! , furnl she ad' inlng s ree · l '" 0 .... merely l' 'ion to a JO ions 'i --c lal,d 1 n re a 0 tee any dlmens • t"o t to guaran " lands alld no_ . S or acreage.
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.NDITIONS AND STIPULATIONS, Continuee
secured by said insured mortgage, other than the obligation to
purchase said indebtedness pursuant to this paragraph, are ter-
minated.
6. Determination and Payment of Loss
(a) The liability of the Company under this policy shall in
no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A, or, if
applicable, the amount of insurance as defined in para-
graph 2(a) hereof; or
(iii) if this policy insures the owner of the indebtedness
secured by the insured mortgage, and provided said
owner is the insured claimant, the amount of the un-
paid principal of said indebtedness, plus interest there-
on, provided such amount shall not include any
additional principal indebtedness created subsequent
to Date of Policy, except as to amounts advanced to
protect the lien of the insured mortgage and secured
thereby.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(c) When the amount of loss or damage has been definitely
fixed in accordance with the conditions of this policy, the loss or
damage shall be payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by litiga-
tion or otherwise, removes such defect, lien or encumbrance or
establishes the title, or the lien of the insured mortgage, as
insured, within a reasonable time after receipt of such notice;
(b) in the event of litigation until there has been a final deter-
mination by a court of competent jurisdiction, and disposition
of all appeals therefrom, adverse to the title or to the lien
of the insured mortgage, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily admitted or assumed by
an insured without prior written consent of the Company.
8. Reduction of Insurance; Termination of Liability
All payments under this policy, except payment made for
costs, attorneys' fees and expenses, shall reduce the amount of
the insurance pro tanto; provided, however, if the owner of the
indebtedness secured by the insured mortgage is an insured here-
under, then such payments, prior to the acquisition of title to
said estate or interest as provided in paragraph 2(a) of these
Conditions and Stipulations, shall not reduce pro tanto the
amount of the insurance afforded hereunder as to any snch
insured, except to the extent that such payments reduce the
amount of the indebtedness secured by such mortgage.
Payment in full by any person or voluntary satisfaction or
release of the insured mortg<!ge shall terminate all liability of
the Company to an insured owner of the indebtedness secured
by the insured mortgage, except as provided in paragraph 2(a)
hereof.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under
this policY, as to the insured owner of the estate or interest
covered by this policy, shall be reduced by any amount the Com-
pany may pay under any policy insuring (a) a mortgage shown
or referred to in Schedule B hereof which is a lien on the estate
or interest covered by this policy, or (b) a mortgage hereafter
executed by an insured which is a charge or lien on the estate
or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy.
The Company shall have the option to apply to the payment
of any such mortgage any amount that otherwise would be
payable hereunder to the insured owner of the estate or interest
covered by this policy and the amount so paid shall be deemed
a payment under this policy to said insured owner.
The provisions of this paragraph 9 shall not apply to an owner
of the indebtedness secured by the insured mortgage, unless such
insured acquires title to said estate or interest in satisfaction of
said indebtedness or any part thereof.
10. Subrogation Upon Payment or Settlement
Whenever the Company shall have paid or settled a claim
under this policy, all right of subrogation shall vest in the Com-
pany unaffected by any act of the insured claimant, except that
the owner of the indebtedness secured by the insured mortgage
may release or SUbstitute the personal liability of any debtor or
guarantor, or extend or otherwise modify the terms of payment,
or release a portion of the estate or interest from the lien of
the insured mortgage, or release any collateral security for the
indebtedness, provided such act occurs prior to receipt by such
insured of notice of any claim of title or interest adverse to the
title to the estate or interest or the priority of the lien of the
insured mortgage and does not result in any loss of priority of
the lien of the insured mortgage. The Company shall be subro-
gated to and be entitled to all rights and remedies which such
insured claimant would have had against any person or property
in respect to such claim had this policy not been issued, and
the Company is hereby authorized and empowered to sue, com-
promise or settle in its name or in the name of the insured to
the full extent of the loss sustained by the Company. If requested
by the Company, the insured shall execute any and all documents
to evidence the within subrogation. If the payment does not cover
the loss of such insured claimant, the Company shall be subro-
gated to such rights and remedies in the proportion which said
payment bears to the amount of said loss, but such subrogation
shall be in subordination to an insured mortgage. If loss should
result from any act of such insured claimant, such act shall not
void this policy, but the Company, in that event, shall as to such
insured claimant be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if any,
lost to the Company by reason of the impairment of the right
of subrogation.
11. Liability Limited to this Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire
policy and contract between the insured and the Company.
Any claim of loss or damage, whether or not based on negli-
gence, and which arises out of the status of the lien of the
insured mortgage or of the title to the estate or interest covered
hereby, or any action asserting such claim, shall be restricted to
the provisions and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be made
except by writing endorsed hereon or attached hereto signed by
either the President, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized signatory of the
Company.
No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or de-
stroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
12. Notices, Where Sent
All notices required to be given the Company and any state-
ment in writing required to be furnished the Company shall be
addressed to it at 111 W. Washington Street, Chicago, Illinois
60602 or at any branch office of the Company shown on the
reverse side hereof.
13. Fee
THE CHARGE SPECIFIED IN SCHEDULE A IS THE
ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINA-
TION AND TITLE INSURANCE.
~
CALIFORNIA LAND TITLE
ASSOCIATION
STANDARD COVERAGE
POLICY 1973
POLICY
OF
TITLE
INSURANCE
CHICAGO
TITLE INSURANCE
COMPANY
c!\-GO 'l'.t ~'\;, ~< ,,---~ • • 1-<,,>-'to ~ ~ ~ ~ ~ ~4rCE Co+
CHICAGO TITLE INSURANCE COMPANY
Suite 100
2550 Fifth Avenue
Financial Centre
San Diego, California 92103
FORM 3024 R' 10/73
r-
fte't . ;'I:;cl~r,; i ng re turn to: .. II} ... .,. • \ ·····e ••••••••
, t·
C·l ty of C'a.rl~sbad
1200' Elm Ave.
, } ... , .. '
Carl sbad, CA 92008'
AGREEMENT BETWEEN DEVELOPER-mmER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this *21 day of =#ay Ikc,us t ,
;
19~, by and between Edward H: Sie
'-~--__ r-'---~----------~-------------------------------------------' (name of developer-owner)
a jndividual ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is __ ~7~7~3~9~_~A=n~1='1~1~o~W~a~y=-__________________ ,
(street) .. ~
'7':::"7"":'-"'C'-"aur ..... l'-'s~b..LJa":.ld......,.., --'-"C"""a,..,.J ..... j.,J.;£'-I.O)..l;I:--!,:llhi:~'g0l.--9;;:t..,f,.2JeJ.Q.y.Q.g8--------, and THE CITY OF (City, state, zip'~oa~)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "C~ty"~ whose address i$ 1200 Elm
Avenue, Carlsbad, Califvrnia, 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
\mEREAS, Developer proposes a development project as follows:.
0' -. ...
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STATE OF CALIFORNIA, ~.
COUNTY OF· ~ '/0°
OFFICIAL SEAL
LYNDACDANA NOTARY PUBUC .. CAUFORNIA
SAN DIEGO COUNtY
My comm. expil1l APR 1, 1983
( ~ SS.
ON ,.,!Z;L-Vc4
______________________ -' known to me,
to be the person~ whose name-=-subscribed to the within Instrument,
and acknowledged to me th~f _; heX-executed the same.
WITNESS my hand and official seal. ./7 , ~~/k&d-
Nntorv P"hli~ in ~nri for said State.
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on said Property, which development carries the proposed name
of Lot 172 La Costa Meadows.Unit No.1"
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 19ft! day of-->:-::>:::.;C:::::.-:...I'T...:..-" ____ ,
19...iQ....., with the City a request for 2. vN (7 CON/x). caNU€RS/c)/'L
(/6-502..)
(hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan requires that th~'City Council find that all public
,facilities necessary to serve a development will be available
concurrent with need or such development shall not be approved
(said element is on fil~ with the City Clerk and is incorporated
by this reference; and
WHEREAS, Developer and City recognize the correctness of
Council policy No. 17, dated August 29, 1979, on file with the City Clerk and
incorporated by this reference~ and that the City's public facilities and services
are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting
from the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future
~eeds of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; and, t~erefore, Developer proposes •
2.
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t:o help satisfy 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 Develpper shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of' the buildings or structures to be constructed in the Development
pursuant to the Request. Th~ fee shall be paid prior to the
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 ~ny fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shail 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 Municipal Code.
Developer shall pay a fee for conversion of existing buildings or
structures into condominiums in an amount not to exceed 2% of the
building permit valuation at the time of conversion. The fee for a
co~dominium conversion shall be paid prior' to the issuance of a
condominium conversion permit ~s provided in Chapter 21.47 of the
Carlsbad r1unicipal Code. Condominium shall include cormnunity
apaJ;tment 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 grading permits or other permits for
the construction of underground or street improvements unless no . " other permit is necessary pr~or to the use or occupancy for .which
3.
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the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The" fee shall be paid prior
to the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Tit+es 18, 20 or 21 of the
Carlsbad Municipal Code. A credit tmvard 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
Municipal Code.
2. The Developer may offer to donate a site or sites for
public facilit~es in lie~ of all or part of the financial obligation
agreed upon in Paragraph 1 above. If Developer offers .to
donate a site or sites for public facilities, the City shall
consider, but is not obligate~ 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 building or other permits.
Such determination, when made, shall become a part of this agree-
-mente Sites donated under this paragraph shall not include improvements
required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Code.
3. This agreement and the fee paid pursuant hereto' are
required 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 and
services, and the Development will not be consistent with the . .
General Plan and any approval or permit for the Development shall
4.
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,
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be vold. No building or other construction permit or entitlement
for'use shall be issued until the public facilities fee required by
this agreemen~ is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities whe~ the City Council determines the need exists to
provide the facili~ies and sufficient 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 comply with any requirements of other public
,agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder ,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
writing~ and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such party. Any
such notice shall not be effective 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 States .
Mail, addressed to the City at the address set forth herein,
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
, ... _. ~, .---.-.~-. .~ -----'-, -., ·e \ ,J .
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified~
8. This agreement shall be binding upon and shall inure to
the benefit of, and·shall apply to, the respective successors and
assigns of Developer and the City, and references t? Developer
or City herein shall be deemed to be reference to and include their
respective successors and assigns witlf.out specific mention of such
successors and assigns. If Developer should cease to have any
:i-nterest in the Property, all obliga.tions 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 satisfied, City shall record a release.
III .
III
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III
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III
III
III
III
0
,
• • 60:
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IN WITNESS WHEREOF, this agreement is executed in San Diego
"County, California as of the date first written above.
DEVELOPER-OWNER:
(Name) . /.. BY~/j~~
~
(Title)
By ~~l~ :0Zf=-
() .
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR 0_' .
City Attorney
CITY OF-CARLSBAD, a municipal
corporation of the State of California
By _______ ~~ __ -------____ ----------------City Hanager
(Notarial acknowledgement of execution by DEVELOPER-OWNER nlust
be attached.)
'. , 7.
."
~
STATE OF CALIFORNIA
COUNTY OF ........ B.ant.a .. 0.1ax.a ... . } ss:.
On this .... J~Eigiit~y of ...... ~.lJ..+.Y.·····AUdr~;heL~~yne thousand nine
hundred and ......................... before me, ............................................................ ,
a Notary Public, State of California, duly commissioned and sworn, personally
appeared ......... ;g:.wmy. ... ?;.9.fl:g::-J.P: ... W 9.Ag ...................................................... ·
..............................................................................................................................
known to me to be the person ..... whose name .... i.s. ..... subscribed to the within
instrument and acknowledged to me that .. I?.he ..... executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the .......................... County of .. 9.§Jrt.9.-... QJR-m day and year
in this certificate first above written. ./. / ~
This document IS only a general form which may be proper for use in simple transactions ........... • ...... ·jij~·i~·;Y·P;;bU~Sfut~ .. ~~i'~· i~or~·fu . ..... ........ .
and in no way acts, or IS intended to act. as a substitute for the advice of an attorney. .,
The publisher does not make any warranty. either express or implied as to the legal • ., 1 114/81
validity of any provIsion or the suitability of thasa forms in any specific transaction. My commission expires .................................... , ................. .. •
Cowdery's Form No. 32-Acknowledgement-Generat (C. C. Sec. 1190a)
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EXHIBIT nAil
LEGAL DESCRIPTION
Lot 172 of La Costa· Meadows unit No.1, in the City of
Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 6800, filed i~ the Office ~f.
the County Recorder of San Diegq County, D.ecember 9,.1970.
-.-............ -..• &_.-... ~~-•. ---....... ~
~ " .. ~ . ~ -. . -~.-.
, -
_ _ " ... ~ ~ _' ..... _ ... ..--__ ...... ., .. _.~"" ...... ~ __ ......... __ , ...... _~.> •• ~. ""~H_'-' _____ ~"~\"""_~'-"""~_' ___ -"'''''''''_ . ..,....". • ...-..,.. __ ." .......... , __ ......... ~ .......... ~ -.----,-...... __ .. ""?'<'.~_ ....... M.~ ... _ ....... ~....... ..~ .. , .......... .,""'~ ... --, "'-