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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. .