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HomeMy WebLinkAboutMS 573; SOUTH FORK; Engineering Applicationv .. -_.-._., .. _. ,.' . '.' .. ~ 30 ___ ~.:i s " .; CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL ~~AP FOR A MINOR SUBIDIVISION OF LAND-(INTO 4 OR·LESS PARCELS) AS PROV IOED FOR IN CHA PTER 20.24 OF THE CARLSBAD MUNICIPAL CODE F I LING FEE: ".$300.80 () ~ILING FEE RECEIPT NO'~_JgP/ . ~MINOR SUBDIVISION NO. MS __ .. . 31ty , -(for office use) DA TE Mp;rch;l,2,. 19.82 TO THE CITY ENGINEER OF ·THE CITY OF CARLSBAD: I. Request is hereby made for approval of Tentative Parcel Map of ~tnbr Subdivision No. . consisting of 3°<1 0 ... gross acre~, having 4 lots, being a propose subdivIsion of land for property described as : (Exact' Legal Descriptipn) .PARCEL 1:" .... ·AII that portion of Lot 31 ot; PAT'l'ER.S.oN!S ADDITION ';['0 ';['HE'';['OWN OF' -':;::: CARLSBAD, in the City of Ca;r-lsba;d, County of Sa,n Diego I State. of. -Callfornia, according to Map ·thereot; No. 565 (. fi,led ;Ln the O;ffj.ceof' the County Re'Corder of San Diego; September' 22,. 1888 f. des'cribed as follows: -Beg'lnning at the inter(3ect,ion: of the center line of 'Valley' Street and t.h~· original center line ofo0a,k Avenue;' t;hen'ce a,long the .said center .1ine of" valley street, North 34 33' West, a distance·of 283.30 feet; thence -, North 55 27' East., a distance of 79~. 08 t;ee·t, to a point on the center line of sanon Street; thence ~long'said center line of Canon Street, South 19 26' East, a distance of 293.45 feet to its intersection with the' original center llneoof Oak Avenue; thence a,long said center line of . Oak Avenue, South 55 27' West, a distance 'of 721.55 feet t,o the Point of Beginning. EXCEPTING THEREFROM the Southwesterly 2.31 t;ee.t thereof. (SEE ATTACHED LEGAL DESCRIP'l'ION for Parcel 2) generally located on the North --~(~N~o-r~t~h-,~S~o-u~t~h-,~E~a-s~t-,~W~e-s~t~)~----------------~ side of Oak Avenue (Name of Street) between Canyon Dri~_. __ ~. ~ ______ ~._ (Name of Street) and ~~ __ v~a~l~l~e~~S~t~r~e~~ _______ ~~~~r-' __________ __ Name of Stree ASSESSORS PARCEL NO.,~~1_5~6_-_.2_2=0_-0_5~~~ __ .-____ _ ok P Parcel T Y P E 0 F SUB D I V I S ION _~.:.:R:.:e:;.s.:;.l::..d e:::n::t;,:1:.:'· a;::.l=-::...-___ ........ .....--....:...,_-:-::-o-::-'i""l _______ _ ( Res ide n t i a 1, C omm ere i a 1, I ~ d u s t ria 1 ) Are the existfng or proposed pa.rcels or lot~ in this minor subdivision subject to other discretionary approval (for example, a variance or con- d it i ona 1 use permi t)1 Yes No -----iX~. __ rl , . : PARCEL 2: An easement of maintenance of water line 'of the uniform width of 5 feet, over a portion of Lot 31 of Patterson's Addition to the Town of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, the Northwesterly line of said 5 foot 'strip being des'er-ibed as follows: \ ' . Beginning 'at a point on the center' line of Valley Street( North 34 33' West, a, distance of 283.'30 feet, 'fr0m the :intersectio,n of the center lin~ of Valley 'sgreet and the o:~ginal eenter line of Oak Avenue; thence North 55 27' East', a d~stance', of 231 feet, to the most Westerly corner of ~arcell above deScribed. .. .' • • 1lRESENT ZONE R-l -----------------We the undersigned state that ,I map. we are ( I am" We are) aware of and have had an ~pportunity to read Title 20 (Subdivision Ordinance) of the Cqr'-lsbad Munic,i'pal Code. Name South Fork fA" Ca,liforpiq Pa,rt.;n,e;rsh:i;'p ~ , (Ty inted as shown on Recorded Deed) Signature __ ~~~~,~~~~p-________________________________________ ~ __ ___ Name Bill Gilley, p.artner· .' (TY~Or ~i nt d as shown on Recorded Deed) Signature • u r .. -.c:: Name D'<DlI1l,,),Ga;J,J,X~C!l.l1:er r ,l?artner (Typed or Printed as shown on Recorded Deed) Signature ______________ ~ __________________________________________ ~ _____ ~ Name __ ~~--~--~~~--~----~------~----~~~--~----------~----------(Typed or Printed as shown on Recorded Deed) Signature. ________________________________________________________________ ___ Name and Address of Subdivfder: South FOJ7k, A California Partnership 895 Tamarack Avenue 'f Carlsbad, C,A, 92008 Name, address and phone number of Engineer or Licensed Land Surveyor: No. RCE 32256 LS4759 Dave Thomas . P.O~ Box 286, Solana Beqch r CA 92075 (714) 436-1191 , . Fee: $ 160~QO Subdivision PM M. S. 573 ~ SUBDIVISION GUARANTI;E, ORDER NO/ '82260l-S Fidelity National Title . ,,;,,!; , INS.URA1':1CE COMiP&;.NY '" ':. ,;,,'~:', .':. A NEBRASKA CORPORATION GUARANTEES ':" ' ,.. : /, The' County of ',~ .,8:an DiegO. , " 'sionis located-in a sum not exceeding $1000;00 .,:. : .. " ',' . ..... ..;' fl , , That, according to those public recClrds~hicJl, under' ~he h~~6rging laws, ifT1'part 'constructive .-' "notke:of matters,' ~ffecting the title to'the land" i'riCluQedwithin the exterior boundary :shown , on t~emap-9f ~he a:p'~ve referenced subdivis,iori; the ohly partie~~havirig any re~6.rd:ti'tleil'!t~·rest . .in.'said landwh~se,signatures are necessary, I,mder the r¢quiremEmts ofthe:Subdb.tision Map'A~t, ",-; ,',', bh fhe cer~,tfic~tes cons<;lnting to the record'ation 'of sqiC! m~p,~rid. offering, for,qeqJcatfor;J ~ny\ , ,streets, .. rQa'ds, a~enues and other easements ~ffe'(edifQr dedic~tiq!1 by said map.are; ; ,", -'" .' ~,.. ~ .... . ' OWNE~~ ,-'So~t:Q.,:eork, a General Partne;J::;slJ:~p:;,,~ : , ./. _, 0-'.' • " ":TIHJS'l'EE:, -.' :Reail?roperty Trqst De'~a qprp9ra:tio~".a' Gali,'f'9:t:'riia ,'.:'1. '" 'doiporation, tru-s-tee ~;under '(j'eeds of trust ·recqrded " ' -, :March ·9, 1~82, as' E'ile Nos-. 82..,.:O~3384 ,and 82 ... 0-63:fs,s,; Official Recor'dsof Sab. Diego County. ' , \ -' ~ .. '~ . '-, '. I ' The map her,eirib~fqreTeferred ,to is a subdiYisi~n',of:' ',' " , ' ,S'~e, 'leg-at .,description attached 'h,~r_e't:o·'cons,J.st~~g b,~,:,?:he page; "! • ". -" , -' : '. '. ,~ .. 1.1.' _ .. : Dated: .' " , May 10 , 1982. -'. '} - ',.' .' .--.~--~ -,-----:i:~ .. ' ..... ." '. -". t,: ..... ,I:t' , ., ~ ~ . " !.,' "'''f ,-, '"" ...... -/' . '. -r .,' , ; GUARANTEE COND'ITIONS AND STIPULATIONS '.' 1. DEFINITION OF TERMS. 4. NOTICE OF LOSS- LIMITATION OF ACTioN . The following terms when used in this Guar-antee mean: A statement in writing of any loss or damage (d) All payments under this Guarantee, ex- .' ,(a) "land": The lilnd described,.,specifically for which it is claimed the Company i~. ljilPle c,ept for attorneys' fees as provided for in para- ~ or'by reference, in this 'Guarantee 'and' improve-under this Guarantee shall be furnished' to' the graph ,6(b) hereof, shall reduce the amount . " ments affixed thereto which by law constitute Company within sixty, days after such loss or.. ,of thlf liabjlity hereunder pro tanto, and, no , .' 'reaJ propertYi damage shall have been determined, ana no" payment shall be made without producing this (b) "public records": Those records which right of action shall accrue to the Assured Guarantee for endorsement of such payment ,'jmpart constructive .notice ,of matters relating under. this;Guarantee until thirty days aftee such, unless the Guarantee be lost or destroyed, in .' 'to said land; .' statement shall have been furnished, and no which case proof of such loss or destruction (c) "date": the effective ,date; recovery shall be had by the Assured under this .' shall be furnished to the satiSfaction of the \(d) "the Assur~d": the' party, or parties Guarantee unless action shall be commenced Company. named as the Assured in this Guarantee, or in a thereon within 'two years after the' expiration of' (e)'When liability has been .definitely fixed in, supplemental writing(~xecuted b,y ·,the Company; 'said th,irty, {jay period. FaillJre to furnish, such ,accordance •. with the conditlontl of this Guaran. :(e) "mortgage":, mor,tgage" geed of trust, statement Of loss or damage or to commence tee, the loss, or damage shall be payable within ~f!J~t deed, or other securltY·iiistriimeht. ' such action within the 'ti'me herein before speci-thirty days thereafter. " .;Z .• :EXCLUSIONS FROM COVERAGE fied, shall be a conclusive ,bar against main· 7. SUBROGATION UPON PAYMENT OF THIS GUARANTEE tenariceby the Assured of any action un'der this OR SETTLEMENT • '. ' G'uar~tee., ,_. " . , r ~ .. .', ~ r " , .' •. r ' ' ;'. The Company assumes no liability for loss or S. OP'TlON TO PAY, SETTLE' . .-i. Whenever the Company shall have settied:,a' " damage by reason of the following: OR COMPROMISE CLAIMS claim under this Guarantee, all right of sub- (a) Taxes or ass~~smentptbi!:h~a,r.e,.notJhown '._ ~,' _ The ,Company shall have the-.Gption to,pay or ('> ~ •• ~ogatiP~ .sha!1 vest in the ~omp~ny unaffected .,,~~ .existing liens by the'reco'rds of any taxing '. settle or c~fnpromise for or in the' name 'of the ~ , , by any act of the Assured, a~d It shall be ~~b. ,authority that leVies 'taxes ~r' l!sse~5rr:tents' on . ,...., Msured: ally CI'aim1wlfich,(toutd result jh loss .to":·" ~r.og~t.ed.l9--~Od be entitle to all rights and ~emedle~ . re~1 property or b.y,t~.e Rll.blic re.!;ords., ___ .the Assured within the rCGverage of this. Guar,.. ,Whl~h the ,Assured ~ould have had agal~st any : (b) Unpatented mining claims; re'servations . antee or to 'piy'. the full arhountof this Guaran-person or.,-ptoperty 111 res~ect to such claim had 9~ .exceptions in patents or in Acts authorizing .teero; if this Guarantee is i~ue.d f0r~~he .. benefit -~ tbl~ G~r,antee not been Issued. If the payment , " . ~h~ issuance thereof; water rights, ,claims or of a holder of a mortgage, the ,Company' shall does not cover the loss .of the Assured" the ti.fle to water. have the option to purchase the indebtedness Company ~hall. be subrogated, to suc.h ngh~s '. (c) Title to any prope~ty b:yond the Ii~es. of secured. by said mortgage, Such purchase, pay-and remedies 111 the proportion whl~h saId ·th~ land expressly deSCribed In the descnptlon ment or tender of payment of the full amount payment bears. to the amount of said loss . . set forth in this Guarantee, or title to streets, of the Guarantee shall terminate all liability The Assured If requested by the ~ompany, roads, avenues, lanes, ways or waterways on of the Company hereunder. In the event after shall ~ransfe~ to the Company all rights and ." "which such land abuts, or the right to maintain notice of claim has been given to the Company r!!!lledl.es agall1st any person or ~roperty nece· ,therein vaults, tunnels, ramps or any other by the Assured the Company offers to purchase ssa~y 111 order to perfe,ct such right of subro· " structure or improvement; or any rights or said indebtedness the owner of such indebted. gatlon, and shall permit th~ Company to ~se '. easements theroein unless such prop{!'t,v, rights', " 'hess rshall 'fransf~f and ihsigri ""sald: :fndebted: r the ,~am~ :?~ ~h~_, Assured 111 any transact!on , ", :or, ea~eme.nts are. e~pressly and speCifically set ness and the mortgage securing the same to the or litigation II1volvll1~ su(.h rights or remedies. forth 111 said deSCription. , Company upon payment of the purchase price. 8. GUARANTEE EN rlRE CONTRACT :-. ,(d) Defects, liens, encumbrances, adverse ',Claims a~ainst the title dS guaranteed or other 6, LIMITATION OF LIABILITY. .Ill,aUers (1) created, SUffered, assumed or agreed PAYMENT OF LOSS "to,.by one or more of the Assured; or (2) re-(a) The liability of the Company under this ," ,su.!ting in no loss to the Assured. Guarantee shall be limited to the amount of ! "~~:'PROSECUTION OF ACTIONS actual loss sustained by the A5sured because of reliance upon the asSUrances herein set forth, • but in no even~ shall such liability exceed the amount 'of the liability stated on the face page '(a) The Company sha!1 have the right at its oWn cost to institute and prosecute any. :Iction or -'proceeding or do any other act which in its opinion may be necessary or desirable to estab· Iish or confirm the matters herein guaranteed;, and the Company may take' any appropr.iate' .. ;.a~tion under the terms of this Guarantee whether " 'dr, 'not it shall be liable thereunder and' shall not thereby concede liability or waive any pro- vision 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 proceeding, ,\~ ,al)d the Company shall reimburse the Assured :' fof,any expense so incurred. , , ,'. ',~ ... .-: -.~. t " ". ~. ,~'. .. ........ '.' .. hereof., " oo·(b)' The Company will pay all costs imposed , upon the AsSbr,ed in litigation carried on by the . -•. Cdrupan¥ jor, ... t'j;1e 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 Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim' or suit without written consent of the Company. 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 provi~ion 'of 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 Com- pany and any statement in writing required to be furnished the Company shall be addressed to its General Office at 4455 East Camelback Road, SU'ite B-130, Phoenix, Arizona 85018, 10. FEE The fee .specified on Part Two of this Guar· antee is the total fee for title search and exami· nation and for this Guarantee. \, \ .All that portion of Lot 31 of PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diegp County September 22, 1888, bounded and described as follows: Beginning at the intersection of the centerline of Valley Street and the orig;inal centerline of Oak Avenue; thence along the centerline of Oak Avenue North 55°28'04" East (Record North 55°27'00" East, North 55°31'19" East per Map 5562, North 55°28'04" East per Map 8072) 231.00 feet to the TRUE POINT OF BEGINNING; thence continuing . along the centerline of Oak Avenue North 55°28'-04" East, 491.67 feet to the inter- section with the centerline of Canyon Street (formerly Canon Street) 40.00 feet in width as shown on said Map 565; thence along the centerline of Canyon Street . North 19°30'17" West (North 18°55'13" West per Parcel Map 1210 South 19°26'00" East, 293.45 feet per Deed) 293.11 feet to the most Easterly boundary corner of Parcel Map .1210, filed in the Office of the County Recorder on January 2, 1973; thence along the Southeasterly boundary line of Parcel Map 1210 South 55°28'59" West, 567.59 feet . (South 55°58'59" West per Parcel Map 1210 South 55°27'00" West per Deed). to the inter- section with a line which is parallel with and 231.00 feet Northeasterly of the center- line of the above referenced Valley Str?et; thence along said parallel line South 34°31'01" East, 283.24 feet to the TRUE POINT OF BEGINNING. . ,'"