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Home My WebLink AboutMS 584; CARLSBAD RESEARCH CENTER; Engineering Applicatione··· CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATlVE Pfl.RCEL I-1AP FOR A MI NOR SUB I D I V I S ION OF LAND-{ I N'TO 1{ OR LESS PARCELS) AS PROVIDED FOR IN CHAPTER 20.24 OF THE CARLSBAD fv1UNICIPAL CODE FILING FILING FEE:·$300.00 FEE RECE I PT NO. cJrt J-9 ~ MINOR SUBDIV)SION NO. M$ . . ,lH~ W -{for office, use}-----'-- DATE 4-6-82 . " . TO THE CITY ENGINEER OF THE' 'C I TY OF CA.RLS BAD: I. Request is hereby made for approval of Tentative Parcel Map of Minor :;ubdivision·-No. ' ,-consisting of 5.83 . gtQss. ucres, having 2 lots,. being a pr~posed subdivision ~f land fbr property described as.: -(Exact'Legal Description) . . Lot 10 of Carlsbad Tract No. 81-10, as shown on Map NO.. 10330, --=-=~"':;:"':;---"-=--~~~-----------='-------------""--'-------=-;""-.. , filed in the Office.of the County Recorder of San Diego. County on February' 18, 1982 • • generally located on the North ~(~N~0-r~t~h~,~S~o-u~t~h-,~E~a-s-t:-~~W7e-s-t~)r---~----~~-~ side of Rutherford Road beh'Jeen . Landau, Court (Name of' Street) --~{~N~a-m-e-o~f~S~t-r-e-e~t~)r .. -.-----~ . " and Pascal Court ~(~N~a~m=e==o~f~S~t~r=e~e~t~)~------- AS'SESSORS PARCEL NO. 212 061 '07 Book Page Pa rce 1 TYPE OF SUBDiVISION Industrial : (Residential, Co:-:~merc-ial, Industrial) Are the existing or proposed parcels or subject to other discretionary approval lots in this minor svbdivisio~ (for example, a variance,or con- d it i ono 1· use pe I'm it) 1 Yes No -'x~x~ ___ ..... . . .. . 'e . PRESENT ZONE __ C_M_-'--____ _ _ ---...--_W-.:e...--.--______ · the unde.~s i gned state that we are ~he (II We) (I am, We are)' owners of the proper:ty described here,i-n a.nd hereby --r( -;::;:O-w-n-e-r-, --;:;:aw-n-e-r-s'T'}--r( A&-u-:-t"-h-o-rO"'j zed Age nt ) . . . . give Our. authorization to ·the filing of this 'proposed tract . (My, Our) map. . We are ('1 am, We are) Title 20 (Subdivision : 'awa re of a nd have had an opportun i ty to read . Ordinanc~) of the Carlsbad Municipal Code. " .. , Name -~~~~~~~~~~~a~s~~=---o--n~R-e-c-o-r-d"-e-d~D~e-e~d~--------~------~-- Name (Typed or Printed as shown on Recorded Deed) S i gnatu re . . Name ( Typed or Printed as shown on Recorded Deed) . Signature Name (Typed or ·Pri·nted as shown on Recorded Deed) . Signature Name and Address of Subdivider: Carlsbad Research Center 7330 Engineer Road, San Diego, California 92101 Name, address and phone number of Engineer or Licensed Land Surveyor: No. ~.S. 3189 Robert C. Ladwig-Rick Engineering Company., 30~8 pio Pico, Carlsbad, California 92008 • . . .• .. , PARCEL MAP GUARANTEE Parcel Map No. MS 584 O~der No. 61976· Consisting of sheet~ Issued for the benefit and protection of the County of San Diego and any city within which said subdivision is located. After an examination of the Official Reco~ds of fhe County of San Diego. state of California, which records impart constructive notice of matters relating to the title to the l~nd· hereinafter··- described. TRANSAMERICA TITLE INSURANCE COMPANY a California corporation hereby guarantees, in a sum not exceeding $1,000.00, that as appears from said records 'the only parties havi:ng any record interest in said land, and whose signatures are necessary, ·under the provisions of the California Subdiv~s{on Map Act, to entitle said Parcel Map to be recorded and to effect the dedication of any streets, roads, alleys and other easements 'offered for dedi- cation by said parcel map are the following: {1 ) OWNER CARLSBAD RESEARCH CENTER, A ~alifornia General Partnership which .aquired title as CARLSBAD PACIFIC BUSINESS CENTER, A California General Partnership • (2) -. -WELLS FARGO REALTY ADVISORS, beneficiary under that certain deed of trust recorded May' 14.' 1982, as instrument No. 82-: '145'65'9, of Official'Records. ~ • PARCEL MAP NO •. MS 584, PRESENTED FOR RECORDING, DELINEATES A SUBDIVISION OF: LOT' '10. OF CARLSBAD TRACT 'NO. B.1.:...1·0, UNIT 'NO.: 1, IN THE CITY, OF CARLSBAD, COUNTY ,OF SAN DIEGO, STA'TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.: 10330. FI LED IN THE OFF I CE OF THE COUNTY RECORDER OF SAN DI E'GO COUNTY" FEBRUARY:·1 8.' 1982. . \ IN WITNESS WHEREOF TRANSAMERICA TITLE INSURANCE C8MPANY., A CALIFORNIA CORPORATION HAS CAUSED ITS CORPORATE SEAL TO BE AFFIXED HERETO, AND HAS CAUSED TO BE AFFIXED THE SIGNATURE OF ITS ASSISTANT :SECRETA'RY, THEREUNTO DULY AUTHORIZ.[D.' DATED AT 'SAN DIEGO THIS 20th DAY OF JULY::1982. BY: ' ~ ~UAR';~HEE CONDITIONS AND&ULATIONS v '-1, FOR USE WITH CLTA FORMS NO.1 (REV. 5-3-73) AND 22 (1-27-77) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: (a) "land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law con- stitute real property; (b) "public records": Those records which impart constructive no- tice 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 secur- ity instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or 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 assess- ments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions fn 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 iq the description set forth in the Guarantee, or title to streets, roads, avenues, lanes, ways or waterways 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 against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting 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 establish or con- firm 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 provision 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 pro- ceeding, 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 fur- nished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expira- tion of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance 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 Guarantee, or to pay the full Form No. 353 amount of this Guarantee or, if this Guarantee is i~sued for the benefit of a holder of a mortgage, the Company shall have th~ option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the eve.nt after ,notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. LIMITATION OF LIABILITY-PAYMENT OF LOSS (a) The liability of the Company undei this Guarantee-shall be lim- ited to-the amount of actual loss sllstainec\ by the Assured,because of reliance upon the assurances herein set forth, but in no eveQt shall such liability exceed the amQunt of the liabi~ity stated' on the·face page hereof. (b) The Company will pay all costs imposed UP9n the Assured in litigation carriecj 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 ·re!,;eived Ilotice of an alleged defect, lien or encumbra.nce not shown as an .Excep- tion or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) fil.l; liability voluntarily assumed by the Assured in settling any claim . or suit without written consent of, the Comp·any. " (d) All payments und~r this Guarantee, except for attorneys' fees as provided for in paragraph 6(b} her~of, shall reduce the amo!l!l~ of the liab,ility hereunder pro tanto, and no payment shall be made without producing this GlIarantee forind6rs~inent of.such payment unless the Guarantee be lost or destroyed; in which case proof of such loss or destruction shall be furnishe4 to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions bf this Guarantee, the loss or damage shall be payaJ:>le within thirty days thereafter. . 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have s~ttle4 a claim under this Guarantee, all right of subrogation shall vest in the Cor:npany unaffected 'J:>Y any act of the Assured, and it shall be subrogated to anc\ be entitled to all rights and remedies which the· Assured would have had against-allY person or property in respf'ct to such claim had tl'\is Guarante~ not been issued. If the payment does not cover the loss of the Assured, the Company shalf be subrogated to such rights and remedies in the'prqportion 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 or property necessary in order to perfe<;t such right of subrogation, and shall permit the Company -to ·\!se 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 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 provisioQ or condition of this Guarantee can be waived or c:hanged except by a writing endorsed or attached hereto signed by the Pre~ident, a Vice President, the Secretary, an Assistant Secretary or "oiher valida,ting offic~r of the Company. 9. NOTICES, WHERE SENT All notices required to be given the 'Company and any statement in writing required to be furnished the Company shall be addressed to it, at the office which issued this Guarantee. 10. The fee specified on the face of tpis Guarantee.is the total fee for titl'e search and examination and for this Guarantee. r: ';' , ,,:t:..t<,:j!,'i;~'.!! "_,,,}Wl.:',:;l'· .<