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HomeMy WebLinkAboutMS 583; D PORTER; Engineering Application" . • CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENiATIVE PARCEL MAP FOR A MINOR SUBIDIVISION OF LAND-(INTO 4 OR LESS PARCELS) AS PROV IDEO FOR I N CHAPTER 20.,24 OF THE MUNICIPAL CODE. MINOR SUBDIVISION NO. MS sa? ~ (for ,office us~) 'DATE 5-'2.'>8~ ------~~---=~--~--~ TO THE CITY ENGINEER OF THE CITY OF CARLSBAD: I. Request is hereby made for approval of Tentative P~rcel M~~ of Minor Subdivision No. ___ ---:;-consisting of , ,gross ac'res, having lots, being a proposed subdivision of land for property described ~s : (Exact Legal 'Desc r i pt ion.) lEe '/ eli 75.5 of lOT genera.l1y 10cat'ed on the sid e 0 f ld't:W\ LOc..l-\. ( Name pf St reet) , ' , (~auth, East, west)~w .... .~ between GAfrf1Et.Q,· ,AS¥'JJGTc : '. Name of treet a~d =;~~~~~~~~~===-________ ~~~~ __ _ Name of Street ASSESSORS PARCEL NO TV PE OF SUB D I V I S ION -rd-~4.!01~:::..L.:;-~~~~;--""1-""'-'---:--"'~~':""---"-----'~ Commercial L Indust~i~l inthis minor subdivision example, a ~ariante or con- No, %.' f -. '< " " . i ' "if , *" PRE-SENT Z,ONE _Ro.....;.-_:s_e~ __ _ W'e the undersigned state that ":'oJ,,=, t\i?£::. the (I, We) '(I'am;We are) OJJtJEtt5 of the property, described 'herei n.and hereby ( Owner, Owners) (Author i zed Agent). " , .give DUlL.... ' authorization to the filing of this.p'roposed,tract (My, Our)-, , map. lW-M£ aware of and have had an opportunity to read ( I am, We are) Title 20 (Subdivision Ordinance) of the C~rl~bad I '. Name DA lJi€L O. POl3lJiJ$(jfl) Typed or Printed as shown on Recorded Deed Signature ________________________________________ ~~ __ --~~--~+_~ Name fYJY R.ON R RIYI/t/GII Typed or Printed as shown on Recorded Signature~--------------------------------~~~==~~~::~~~~~ Name aRV(~ ·T snILJI3()/I.l/J7/f,SU I (Typed or Printe as 'shown on Recorded Deed Signature ______ ~------------------------------------~~~----~--~ Name DcL~ VEe· PORTeR- Typed or Printed as shown on Recorded Signature ____________ ~--------------------------------~--~ __ ----~ Name and Address of Subdivfder: p~O, ~ I&SCJ -,1' I Name, address and phone number of Engineer or Licensed La,nd Surveyor: No. A('e-iJI ~ cJ'oHkJ '8v12tJtB 1"58" 03 Of) f~,~\ . ~~ . , ' . ' .. :~ , ' ~ , " ,'-.:. - ." i' . :'; ," , ~,~ .' " 'I , '"0, " POOR QUALITY ORIGINAL S •• JUL 23 1992 CITY OF CARLSBAD ENGINEERING DEPARTMENT (Clyde Wickham) ',ties Department (Allen Ludwig) ,dominium Water Services ~ to our attention tha MS 571 and MS 583 ar ~Ion of the tenative can' ·tion that they y ual meters and services to each unl. lease " the developers of these proj ects to go to the e Department and purchase the appropriate number itio~al meters and services to comply with the ty of Carlsbad Municipal Code. AL:jlc 82-047 1:1. ·100' ~ff.J4"'·"'';''''' "~-'"'' -;'""N~''''''i~''~'''''''_~~ .. '-;O", .. " '~ ~ .' ' 1,eo· 6'~' Fee: $ , ,'9"~' v. Subd ivisioll TM,' NO:\"S,a~ ,.{ . SUBDIVISION GUARANTEE ,olUj:m~' ~O~ $22i;a: s "C'; "'fidelityNationalTitle( i,. . INSURANCE COMPANY' " '~' "_" 1 •• ', ' ANEBRASKA CORPORATION, ,GUARANTEES J: •• _ ~" ,," , , , . ~ ...:. -.... '!" ... ' ,,;.1 " __ " ~ . ::~ . ~ . . . \, ' i' The County 'of ,~~l1 ~~9'O , ,. ',sion' is'locaJed in a sum opt exceeding $1000.00 '. ' 'I-./" _ ~ '<'~nd any CitY'\~ithi'~ whi6h,'s'aid; subOiy:i- , . Th~t, a~c'ordiog~'tq those publiC records which, und~r the reco~(Hng'law,s, frnpart donstructjy~ , , notice of matters ,affecting the title to the land ln~;('ude'd within ,the e~tedor, bP~~d~ry' sho,wn: ' on the, map of the above referef)ced 'subd ivision, the; only' parties,h'avi'ilg any~ecor.d ,title' 'i nterest ". in sai'dland wnqse signatures are nec~ssary,under th,e reqlJirements of the S,ubdivisi6n Map Act" " ,on the certificates consenting to the-r~c0rdatiori of said map, and, 'off.~ri!1g ,for d~dicatJon' any, "streets, roids, avenues andother easements offered.for aedicatio~,bY:said;,m~p are.::: :'" .'.'" " ''.1'-.-~. " ~. \ ~ ; , .' ':, • , • " • '.:, :", ,'., ,'. "', ,0 .' '~' _ ";" ;;" >, : "",,'·r " "." \' SEa. ,~l1tw A A~!jIj'%e~ ,}.~$mO ANn, m-:t;}jlt A: ,P41n:~ :a~!~' .'~' ,: . ~., '., , " '" ". <".;"', ' ,",. , ,', '/,",: :"'~'~:r,');,o::,~~:'" ',; ,.:,'-'~ , . ~.,.~-. ' .. ' -:' '-.~. : ~ '.... ,,,' .. :, ,,' '~'''''. . ·Authori -."" " "'-',' "'- " .- ". -" '. ". , '. '. '. I" , " , .,' "'''~ ~\ .~'.k.f>--~ '" :'; ~ ':i~"~:7·/~'" _,:~'r ...:' '~ }' • • GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guar- antee mean: (a) "land": The land described, specifically or by reference, in this Guarantee and improve- ments affixed thereto which by law constitute real property; (b) "public records": Those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or r damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining cla'ims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterwaY5 on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims a~ainst the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) reo suiting in no loss to the Assured. 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to estab- lish 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 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, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS - LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after the expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time herein before speci- fied, shall be a conclusive bar against main- tenance by the Assured of any action under this Guarantee. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guar- antee, or to pay the full amount of this Guaran- tee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase 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 purchase said indebtedness, the owner of such indebted- ness ,shall transfer and assign· said indebted- ness and the mortgage securing the same to the Company upon payment of the purchase price. 6. LIMITATION OF LIABILITY. PA YMENT OF LOSS (a) The liability of the Compilny under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees, in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an 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. (d) All payments under this Guarantee, ex- cept for attorneys' fees as provided for in para- graph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guaran- tee, 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 sub- rogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub· rogated to and be entitle to all rights and remedies which the Assured would have had against any person or property In respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person of' property nece- ssary in order to perfect such right of subro- gation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving suth rights or remedies. 8. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. NOTICES, WHERE SENT All notices required to be given the 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, Suite 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. Fidelity National Title INSURANCE COMPANY OWNER: TRUSTEE: TRUSTEE: NOTE: I .' • •. ' EXHIBIT JlA II Danie10. Robinson and Jean A. Robinson; Bruce. T. -Sanbonmatsu; Dee Vee Porter; and P. R. Porter and Sons, a California corporation. Cal-West Mortgage Co., a California corporation, trustee under' deed of trust recorded January 19, 1979 ~ as File No. 79-'030951,- Official Records. California-world Title Company, a California corporation, trustee under deed of trust recorded August 6, 1981, as File No. 81--248928, Officiar Records. The signature of San Diego' Gas & Electric Company, owner of ea'se-· ments for electricity as disclosed by deeds recorded January 21., 1925, Book 1074, Page 20 of Deeds and November' 25, 1981,. as": File No. 81-373258, Official Records of San DiegoC6unty, has been omitted. under the provisions of Sec-tion 66436, Subsec·ti·6Ii (c) (I), of the Government Code; their interest is such that. it 'cannot ripen into a fee title and said signature is not _ required by the governing body. <>- ....\ .... • Parcel Map TM 583, being a portion of Lot 4, in Block "R" of Palisades, No.2, in the City of Carlsbad, County of San Diego, State'of California, according to Map thereof No. 1803 filed in the Office of the County Recorder of Sa~ Diego County on August 25, 1974, bounded and described as follows: Commencing at the point of intersection of Hemlock Avenue and Garfield Street as shown ,on said Map No. 1803; thence along the centerline of Hemlock Avenue North. 55°26'2011 East, 762.28 feet (North 55°27'00" East, 762~00 feet per :Map No. 1803 and Map No. 3613) to the Northeasterly line of ,said Map No. 1803; thence along the Northeasterly line of said Map No. 1803 North 34°32'54" West 25.00 ,feet to the most Easterly corner of said Lot 4 and the TRUE POINT OF BEGINNING, thence North 34 °32' 54" West along the North- easterly line of said Lot 4, 115.00 feet; thence leaving said Northeasterly line, South 55°26'2011 West, parallel wi:th the Northwesterly line of Remlock Avenue 75.50 feet; thence South 34°32' 54 11 East parallel with the Northeasterly line of said Lot 4, 115.00 'feet to said Northwesterly line of Hemlock Avenue; thence along the Northwesterly line of Hemlock Avenue North 55°26'20" West 75.50 feet to the TRUE POiNT OF BEGINNING. 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