HomeMy WebLinkAboutMS 543; HARDESTY W-S WILSON ST S-OF FOREST AVE; Engineering Application• " e
CITY OF CARLSBAD
APP,L\,CATION 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: ,~~OG.gO
FILING FEE RECEIPT NO. ___ _
TO THE CITY ENGINEER OF THE
CI TY OF CARLSHAD:
MINOR SUBDIVISION NO. MS __
~ (for office use)
DATE April 27, 1981 , ------------~~------~
I. Request is hereby-made for approval of Tentative Parcel Map of Minor
Subdivision No. consisting of 18,798 sq.ft. , ~K~ii
~ hav i ng 1 lots, be i ng a proposed subdi vi s i on of 'land for,
property described as : '
(Exact Legal bescription)
The Southeasterly one half of Lot 12 of' WI~SONIA J~CT in the
City of Carlsbad, -County of San Diego', State of California,
according' to Map thereof No. 2169, filed in the office of the
County Recorder of San Di~go County, August 13, 1929.
,,'
t·
generally lo~ated on the -r..-w_e~s.t~~~.-~ __ ~~~~~~~ ________ ~
(North, South, East, West)
side of Wilson Street
. (Name of Street)
and Buena Vista,Avenue
(Name of Street)
ASSESSORS PARCEL NO.
between For~st Avenue --'~~l~N~a-m~e~o~f~S~t~'~te-e-t-,~)------~--
156 130 14
Sook Pag~ Parcel
TYPE OF SUBDIVISION Residential
--7(~R-e-s7i~d-e-n~t·ia-'1-,~C~o-m-m-e--rc~ia-l~,~·ln-9~u-s~t~r~i'a~l~)'----------
Are the existing or proposed parcels or lots in this minor subc;livision
subject to other discretionary approval (for example, a varia,nce or con-
d it i ona 1 use permi t)? Yes -.,.. ___ . No -)(
~-'--------~--~----~--~~----------~--------~-J
I
• PRESENT ZONE R-1-7500 ---------------------
We the undersigned state that
(I, We)
, 'owners of the property desc r i bed
( Ow n e"r, Own e r s) ( Aut h 0 r i z'e d Age n t )
we are the
(I am, We are),
herein and hereby
give our, authorization to the fil ing of this proposed tract
(My, au r) : ,..
map. We are aware of and have had an o~portunity to read
( 1 am" We are)
Title 20 (Subdivision Ordinance) of the Carlsbad Municipal Code.
Name Kenneth A. Hardesty'
XSignatu~!yp~~/~~;t~d)
Name , Robert K. and'Robble M. Hardesty ,
)(
. (Typed or Printed as shown on Recorqed Deed)
Signature ______ ~----~----------------~--------~--------~~~--~~~
Name·~~~~~LL~~~~~~~~~~~~~~~~~~~~~-------------
Name --~(~T~y-p-e~d~o-r~P~r~i-n~t-e-d~a-s--s~h~o-w-n--o-n~R~e-c-o-r-d~e~d~D~e-e-dor)~----~-------------
'$ignature ________________ ~ __________ ~ ________ ~----~----~------------
Name and Address of Subdivfder:
Kenneth A. Hardesty
2555 Wilson Street, Carlsbad, cA 92008 Phone:' 729-8684
~ame, address and phone number of Engineer or Licensed Land Surveyor:
No.RCE 13817
BRIAN SMITH ENGINEERS, INC'.
2656 State Street, Carlsbad, CA 92008
'. -"
f,'
Phone: 729-898i
, -:;
.. . . . . , . ' , -, -..
It "
, 'SUBDIVISION LOG 'f ' .
. , , . -. . ..
>'SUBDIVISION NO.~S~tf.9-. DATE. RECE IV~D . "$) {, } ~i \ . :
OWNER' . ~~ j ENGINEER 13~IA-N' ~ M.. ~=J; "
ADDRESS ':l-~~ LJ IL5b».(" [ ADDRESS
PHONE , PHONE ' . , , ..
, ,
TENTATIVE,PARCELMAP SENT LETTERS
DATE 612 r:J PRELIM. DUE . .
PLANNI NG'E1 < FIRE ,0 .. PRELIM. SENT
OTIL/MAtNT. fl CMWD 0 0, FINAL 'DUE ..
~ . ,PARKS CJ/' LeWD 0 ; FINAL SENT -
.. .. REQLJIREMENT!:i: I PLANNING REPORT FOR J DATE TO DCC
DATE TO P.C. ACTION: 0 ApPROVED' o DENIED
DATE TO C.C. ACTION: . o ,APPROVED . 0 DENIED o STREET DEDICATION ' DEED NO. , RECORDED,
O' F'UTURE IMPROVEMENT AGREEMENT. ·TO C.C. ; 0 APPROVED
0 OTHER .
, .. C • C •. CONDI TfONS :
\ '. ...
TEr-lTAT1VE PARC.EL MAP., IMPROVEMENT PLANS
" 1st Check IN .. OUT PROJECT NO. :DRAWING NO.
2nd Check IN OUT 1St Check IN OUT
3rd Check. IN .OUT 2nd Check IN OUT
APPROVED 3rd Check IN OUT .. 'SIGNED BY C.E. ..
·FINAL,' OR PARctL :. MAP SIGNED liAS-BUILTh
.:: ..... .. , GRADIN(rPLANS. 1st Check IN' 'OUT ..
',2nd Check IN . OUT GRADING PERMIT NO. 3rd Check IN OUT 1 st Check IN our
SIGNED BY C.E. ,. 2n<;l Check IN OUT
·raCITY CLERK 3rd Check IN OUT
RECORDED ..
COPI~S RECEIVED SHiNED BY C.E. ..
. PE.RMIT ISSUED \ , . -.: ' .
, .
BONDS i DEPOSITS REQtJIRED
ENGINEER'S ESTIMATE $~AMOUNT ITEM AMOUNT PAW,~
-IN TENT. EXAM FEE 3.i:JTJ ~ '0 .. FAITHFUL PERF0R~·1ANCE ,.-. .0 . PARKS-IN-LIEU FEE ~I~ ~ l!l MATERIALS & LABOR .0 GRADING PERMIT .FEE g
GRAOING & EROSION , . .. 0:. .fINAL PROCESS. 'FEE I 00 V\.-D MONUMENTATION ... 0 IMP. PLAN CHECK FEE .. 0 IMPROVEMENT AGREEMENT :.0 iINSPECTION FEE D·
.. '0 WATER CONNECTION DEPOSIT' 0
BONDING CO. STREET SIGN DEPOSIT 0 .. STREET TREE DEPOSIT 0 ADDRESS GRADING PLAN CHECK FEE ',.0 STREET LI GHT ENERGY FEE .. 0, TRUST ACCOUNT DUPLICATE TRACING FEE ". 512-: \~
NO. :D~£~(lUu,3). " Lbl3~ ,~::.,
DATE PAID AMOUNT RECEIPT NO. 0
.$ .. ..
. , TOTAL DEPOSlTS $. . "
.. ..
REPORTS CONMENTS OR P ROB LEMS
REQUIRED IN ~ . ~ .. -..
TITLE REPORT 0 .0 . 4k2l?f;i?JJ !/C/So, SUBDIVISION GUARANTEE 0 .0 SOILS REPORT 0 0 tNGINEER'S ESTIMATE 0 .0 TRAVERSE ·CALC. D .'0.
I
' . -
.' .. 0 0 -t '0 0 ~ . ' ,
: ..
.'LI
• • FEE: $iOO.oq
NO, B Hl5,92-S
;. Parcel l1ap
Reference:
PARCEL HAP GUARANTEE
SUBJECT TO TUE EXCLUSIONS FROI1 COVERAGE, THE LlI1ITS OF LIABILITY, AND OTHER
PROVISIONS OF THE'CONDITIONS AND STIPULATIONS H.EREiO ANNEXED AND MADE A PART OF
TH I S GUARANTEE,
USLIFE TITLE INSURANCE COI1PANY, .
a cor'poration, herein called "The Company"
GUARAlnEES
The County of San Diego and the City of 'Ci3rlsbad
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 Company
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
necessari ly shown In the order of thei,r priori ty.
2. Had said ParceJ Map been recorded in the Office of the County Recorder of
said County, such map would be sufficient for use as a pri·mary
reference in legal descriptions of the parcels within its boundaries.
Dated: October 9, 1961 at 7:30 a.m.
elTA Guarantee Form No. 23
PART 1
January 13, 1978
•
The estate or interest in the land hereinafter described or referred to cOVe,req
by this Guarantee is a fee.
Title to said estate or interest at the date hereof is vested in:
KENNETH A. HARDESTY, a single man and ROBERT K. HARDESTY and
ROBBIE M. HARDESTY, husband and wife, all as joint tenants
The land included within the boundaries of the Parcel HC)p hereinbefore referred
to In this Guarantee is described as follows: ..
The Southeasterly one-half of Lot 12 of WILSONIA TRACT, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof tlo. 2169, filed in the office of the County Recorder of San
Diego County, August 13, 1929.
EXCEPTIONS:
1. General and special taxes, alien not yet payable, for the fiscal year 1981-84.
2. A Deed of Trust to secure an indebtedness of $24,800.00, and any other
amounts payable under the terms thereof recorded July 15, 1975, under Recorder'S
File' No. 75-181858 of Official Records;
Dated: July I, 1975
Trus tor: ROBERT K. HARDESTY AHD ROBB IE H. HARDESTY,
husband and wife and
KENNETH A. HARDESTY, a single man
Trustee: HAR VISTA FINANCIAL INC.,
a California corporation
Beneficiary: OCEANSID~ FEDERAL SAVINGS AND LOAN ASSOCIATION
CL"fA Guarantee Form Uo. 23
Part 2
January 13, 1978
\\ ~
i'ff."~,,,:~ii.lli.:"t~,~·i 1~~;J~\i~l{ ,;~,~/ >;)1 \ ",:. \;' f·'''~·;:~~t~lA~~~;i; .. ~_ .... _
• Afi;.t;Q<qhlnent~ to
Guarantee Form No. 23
-J'. ~. l ~ t. -L i 1-13-78,. Qn~ ~age
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The fol'owing terms when used in this Guarantee mean:
(a) "land": the land described, specifically or by refere~ce, in
this Guarantee and improvements affixed thereto which by
law constitute real property;
(b) "public records"; those records which impart constructive
noti::e of matters relating to said land;
(c) "date": the eft~tive date;
(d) "the Assured": the party or parties named, as the Assured
in this Guaranlee, or in a supplemental writmg .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 16ss or damage by reason
of the following:
(a) Taxes or assessments which are not ;:;hown as e.xisting liens
by the records of any taxing authonty that leVies taxes or
assessments on real property or by the public records.
(b) Unoatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water
rights, claim.s or titie to water.
(c) Title to any property beyond the lines 01 th~ land expressly
described in the description set forth in thiS Guarantee, or
title' to streets, roads, avenues, lanes, ways ?r Y:'aterwa~s
on which such land abuts, or the right to malOtalO therem
vau:ts, tunneis, ramps or any other structure ,or improve-
ment· or any rights or easements therein unless such prop-
erty, ~ights or easements are expressly and specifically set
F' fort!"! in said description.
\ . . .¥~(d) Defects, liens, encumbrances, adverse claims adgalnfsft thde
title as guaranteed or other matt5!rs (1) create , su ere ,
ass:.Jmed or agreed to by one or mor~ of the Assured; or (2)
resulting in no 1055 to the Assured. . .
3. PROSECUTioN OF ACTIONS
(a)' The Company shall have the right at its.own cost to institute
and p'rosecute any action or proceedlOg 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 proceadlOg, the Assured shall
permit the Company to usa, at its option, the name of the
Assured for such purpose. Whenever requested by the
Company, the Assured shall give the Compan~ all reason-
able aid in prosecuting such action or proceedmg, 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 d?mage for which it is
claimed the Company is liable under this. Guarantee shall be
furnished to the Company within Sixty days afte~ such loss, or
damage shall have been determined,. and no tight .of. act!Qn
shall accrue to the Assured under thiS Guarantee until thirty
days after such statement shall have been furni~hed, and no
recover/ shall be had by the Assured under .thl.s Guarantee
unless action shall be commenced. thereofl wlthm t~o years
after expiration of said thirty day penod. Failure to fur!1lsh ~uc:h
statement of loss or damage or to cemmence such actlo~ Within
the time hereinbefore specified, shall be a c,oncluslve b~r
against maintenance by the Assured C?f any action under thiS f. Guarantee.
I. ,.,. OPTION TO PAY, SETILE OR COMPROMISE CLAIMS
The Company shall have the option to payor settle. or c~m
promise for or in the name of the Assured any claim whlc:h
could result in loss to the Assured within the coverage ot. thl~
Guarantee, or to pay the lull 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 purthase the
indebtedness secured by said mortgage. Such purchase, pay-
ment 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 pur.chase said indebtedness,
the owner of such indebtedness shall transfer and assign said
indebtedness and the mortgage securi'ng the same t6 the
Company upon payment of the purcha~e price. 0
6. LIMITATION OF LIABILITY-PAYMENT OF LOSS
(oa) The liability of ' the Company uncler this Guarantee shaH be
limited to the amount of actual loss sustained by the As-
sured because 01 reliance upon the assurances herein set
forth, but in no event shall such liability exceed the amount
6f the liability stated on tQe 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 attorneys' fees in litigation carried' on
by the Assured with the written qulhorization of the . Company
(c) No claim for damages shall arise or be 'ffigintainable under
this Guarantee (1) if the Company after having r.eceived
notice of an alleged defect, lienor encumbrance norshown
as an Exception or excluded herein .removes such .defect,
lien or encumbrance within a reas<,mable 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) All payments under this Guarantee, excePt for attorneys'
fees as provided for in paragraph 6(b) hereof, sha.1I redoce
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 pe
lost or destroyed, in which case proof of such loss or
destruction shall be furnished. to the satisfaction of the
Company.
(e) Whan 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 SETTLEMENT
Whenever the Company shall have settled a claim under this
Guarantee, all right of subrogation sliall vest 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 whic.il the
Assured would have had against any person or property in
respect to Sllch claim had this Guarantee not been issu.ed. If
the payment does not cover the loss of the Assured, the
Company shall be subrogated t6 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 ag~inst any Perspn 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 aclion that the Assured may
have or may bring against the Company ariSing out of the
subject matter hereof must be based on the prev.isions of this
Guarantee,
No provision or condition of this Guarantee can be waived or
changed except by a writing endo~sed or att(lched hereto
signed by the President, a ViCe President, the Secretary, an
Assistant Secretary or other validating officer of th.e Company.
9. NOTICES, WHERE SENT
Ali notices reguir.ed to be given the Company and ailY state-
ment in writing required to be furnished Ihe Company shall be
addressed to it, (to be completed by each Company t6 fill its
own needs).
10 .. THE FEE SPECIFIED ON THE FACE OF THIS GUARA1 .• EE IS
THE TOTAL FEE FOR TITLE SEARCH AND !::XAMlNATION ANO FOR THIS GUARANTEE. .