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HomeMy WebLinkAboutMS 784; ALSTON DURANT; Engineering ApplicationCI'IY OF CARI$IW) 2075 IAS PAIMAS m. CARISIW), CA 92009 FEE $400.00 ENGINEERING DEPARIMENl' ·TENrATIVE PARCEL MAP (4 OR IESS PARCELS OR a:>NOCMINIUM UNITs) lClE: mE APPLICANr IS RI!UlIRI!D 'lO FOR OFFICE USE <ELY AP.I?IH Em CXli\S'mL aHaSSICB AP.I:"KWAL 'lB4}CPBR~6 IF IDC.M."fD 1N mE ~ zam ,M.S. NO. , . RECEIPl' NO. '1q B4 1 DATE ~) 2.~ \E,~ LOCATION OF ImJECr: West SIDE OF Park Drive (NORIH, saJIH, EAST, WEST) (NAME OF STREET) BEIWEEN Cov~ Drive AND Marina Drive (NAME OF S'IREEr) (NAME OF S'IREET) !mAL DESaUPl'IOO: (cx:MPIErE) Ipt 51 of Shelter Cove Map No. 5162 in the City of carlsbad, County of Sa,n Dj.~o, State of california, recorded in the Office of the County Recorder of San Diego County, ~lifornia on April 23, 1963. . - - NO. OF EXISTING LOIS 'lUl'ALA~ NO.. OF PROIOSED LOIS ASSESSORS PARCEL NO. 1 .11 acres 1 207-150-35 mqJECI' AImESS (IF AVAIIABIE) TYPE OF SUBDIVISION (CIRCIE ONE) 4633 Park Drive INrlJSIRIAL, cx:M>mRCIAL; RES:tDl<NPT~T, NAME OF PERSON WHO mEPARED MAP ' RmIsmATION NO. (IF APPLICABIE) ZONE NO. Conrad C. Hamua.nn ,BRIAN SMITH ENGINEERS, NC. RCE 33069 1 ADJ::JmSS OF MAP mEPARER maNE NUMBER. ?e;~e; Qf-",f-o C'.Rrl!':ih~n C'A q?()()H ' (619) 729-8981 UWNJ!a< APPLIcANr NAME (P.EUNr OF ~) NAME (IRINr OR TYPE) -Alston Durant AI Durant/ A~ Durant Construction MA+I.m:; ADmESS ~LING ADOOESS 34\0 Attebw:y Road 340 Attebury Road CITY AND STATE ZIP TEIEmONE CI'IY AND STATE ZIP TEIEmONE San Marcos, CA 92069 (619) 744-8681 San Marcos, CA 92069 (619) 744-8681 I CERITfY'!HAT I AM '!HE ux;AL CHmR I CERrI~ '!HAT I AM '!HE a-mER.' S AND 'lHAT ALL 'lEE AOOVE INl'ORtfATION REmESENI'ATIVE AND '!HAT ALL '!HE TS TmJE AND CO~ 'lO '!HE BEST OF AOOVE ~ON IS 'lHJE AND MY mam:rx;E. CORRECI' 'lO '!HE BEST OF MY mam:rx;E. SIGNA'lUREf/ ~I cD~ A DATE1-)"8-8~ ,;1: [GNMtJRE DATE --~'I'~r(n .--. ._' ~J-/~I ~.A..A../~ -1 -"'?-(5~O .. \ PARCEL MAP GUARANTEE FEE: $ 50'0.00 NO. 887142-S PARCEL MAP REFERENCE: MINOR SUB. No. 784./CP88/5 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, , Title USA Insurance Corporation a corporation, herein called "the Company", GUARANTEES THE CITY OF CARLSBAD herein called the Assured" against loss not exceedil)g $1,000, which the Assured shall sustain by'reason of any incorrectness in the assuance which the Company hereby gives that, according to the.PQ~~ic records on the date stated below, , ~,-- 1. The title to the herein described estate or interest was ~ested in the vestee named, subject to the matters shown ai Exceptions herein, which Bxceptions are not necessarily shown in the order of their priority; and 2~ Had said Parcel Map been recorded in the Office of the County Recorder of said county, such map would be sufficient for use' as a primary re,ference in legal descriptions of the parcels within its boundaries. Dated: October 12, 1988 at 7:30 a.m. Title USA Insurance Corporation BY:~rI GG Yk~~ The estate or interest in the land hereinafter described or referred to covered by this Guarantee as a fee and an easement Title to said estate or interest at the date hereof is vested in: ALSTON DURANT, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXCEPTIONS: SEE ATTACHED LEGAL DESCRIPTION ORDER NO. 887142-S PARCEL 1: All of Lot 51 of that tract described in Map No-. 5162, in the City of Carlsbad, County of San Diego, State of Cal:i,fornia, recorded in the office of the County Recorder of San Diego County, California, on April 23, 1963. Excepting thefefrom al1 the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without, however, the right of surface entry. 'PARCEL 2: A non-exclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tra~t described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California. on April 23, 1963, which easement is' for the benefit of and appurtenant to the hereinabove described Parcell and being appurtenant, shall run with the land. PARCEL 3: A non-exclusive easement and right of way for vehicular and small ~atercraft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described Parcell and being appurtenant, shall run with the land, and which easement is subject to such rules and regulations for use as may be promulgated from time to time pursuant to the Declarations of aestr.~ctions and Protective Covenants more particularly d~.~+j~e~.~elow. • ~-~ __ -""'; _'"0 This ·easement shall terminate as to any wharfage area within ,Lot 44 as soon as construction of any wharfage facility is initiated tnerein, such wharfage area, to which reference is made in the previous sentence, ~s any one of those delineated in Exhibit "B" attached to and incorporated in the Declaration of Restrictions and Protective Covenants more specifically described. PARCEL 4: An easement over that portion of the above referenced Lot 74 of said tract described in Map No. 5162, recorded in the office of the County Recorder, San D.iego County, California on April 23, 1963, wb,ich portion is wharfage area 51 as delineated in Exhibit "B" attached to and incorporated il;l. the above referenced Declaration of Restrictions and Protective Covenants, said easement to be for the e~clusive right to construct, maintain and use a wharfage facility pursuant to said Declaration of Restrictions and Protective Covenants appurtenant to Parcel 1 above. PGH 7/12/88 · . PRELIMINARY REPORT CONTINUED ORDER NO. 887142-V PAGE TWO V /pgh 1. General and special taxes, a lien not yet payable, for the fiscal year 1988-89. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Cod~ of the State of California. 3. An instrument entitled "Agreement and Grant of Easement ahd Relinquishmen~ of Easement" by and between Allan 0 •. Kelly and Katherine M. Kelly an!! Robert W. Phipps and Augusta V. Phipps, for pipelines and public utilities, recorded December 3, 1958 in Book 7379& ~age 176 of Official Records. Reference is made to said instrument for further particulars. 4. An easement 18 feet in width across portion of Parcel 3, herein described as granted to the City of Carlsbad, re~orded July 10,1963 as File No. 120355 of Official Records. Said deed also granted an easement for sewer construction purports acrosa said portion of Parcel 3 herein described. 5. An easement above or below ground for utilities and purposes incidental thereto, as granted to the San Diego Gas and Electric Company, by deed recorded July 19, 1963 as File N.o. 127076 of Official Records. Affects: Northeast 88 feet of the NorthwesterlY.3 feet 6. Covenants, conditions and restrictions I but deleting restrictions, ·if any, based upon race, color, religion_or national origin, as contained in instrument recorded August '5", =t9~'6 =as"l'iie No. 127577 of Official Records. Said instrument provides that ~ violation thereof shall not defeat nor render invalid the Hen of any 'mortgage or deed of trust made in good faith alld for value. An instrument declaring a modification thereof recorded October 28, 1977 as File No. 77-447138 of Official Records. An instrument declaring a modification thereof recorded December 6, 1983 as File No. 83-442993 of Official Records. 7. A perpetual Basement for the purpose of erecting, construbting, re- constructing, replacing, r,epairing, maintaining and operating underground drainage facilities and appurten·ances thereto, including s·urface appurtenances and fixtures where necessary together with the right of ingress and .egress over said right of way, together with the right to clear said right o~ wa~ when necessary for the aforesaid purposes, from buildings, structures, trees, brush and any surface or subsurface encroachment which interfered with reasonable and proper use of the right of way 'easement as granted by deed recorded August 2, 1967 as File No. 114092 of Official Records. Affects the Westerly 15 feet of Parcel 1 and the Easterly 5 feet of Parcel 3 8. An easement above or. below ground for utilities and purposes incidental thereto., as granted to the San Diego Gas and Electric Company, by deed recorded March 17, 1967 as File No~ 36713 of Off~cial Records. Affects; The Northeasterly 5.00 feet of said land 9. An Agreement to pay increased fees for Development Management System {Continued on page 3 attac~e4} ,JIIk , • ..' -·e PRELIMINARY REPORT CONTINUED ORDER NO. 887142-V PAGE THREE V /pgh 10. dated February 27, 1986, by and between the City of Car~sha4, and Ed Olsen, a General Contractor, recorded May 20, 1986 as File No. 86-199439 of Official Records. Refetence is made to said instrument for full particulars. An easement for both stor,m drain and tree maintenance purposes, as reserved by JANSS CORPORATION, a corporation, recorded October 13, 1967 as File No. 157816 of Official Records. Affects a strip of land 15 feet wide adjacent to the boundary common to said Lot 51 and Lot 74 11. A Deed of Trust to secure an iftdebtedness of $242,000.00, abd any other amounts payable under the terms thereof recorded May 5, 1988, under Recorder's File No. 88-209694 of Official Records; Dated: May 4, 1988 Trustor: ALSTON H. DURANT, a married man as his separate property Trustee: LA JOLLA BANK &: TRUST CO., a Calif. corp. Beneficiary: LA JOLLA BANK &: TRUST CO. 12. A Deed of Trust to secure an indebtedness of $26,000.00, and any other amounts payable uftder the terms thereof recorded May '5, 1988, under Recorder's File No. 88-209695 of Official Records; Dated: May 3, 1988 Trustor :'-. .ALSTON DURANT, a married man' Trustee:'·' -:",""""'smiT ESCROW, a California corporation Beneficia'ry: EDWARD L. OLSEN JR., an unmarried man and MOLLY R. SCHWARTZ, an unmarried woman, as tenants in common 13. Agreement by and between Alston Durant, as developer/owner and the City of Carlsbad, for the payment of 'a public facilities fee, recorded August 18, 1988 as File No. 88-409736 of Official Records~ Reference is hereby made to said instrument for further particulars.