HomeMy WebLinkAboutPUD 88-06; ALLEN COMPANY; Planned Unit Development - Residential (PUD). C~ty.......c~~: Cadsbad
. 2075 Las Palmas Drive • " 'Carlsbad, CA 92009
. (619) 438-1161 FEES
$ 420.00 (50 units or less)
$ 875.00 (51 units or more)
PLANNING DEPARTMENT
NON-RESIDENTIAL PLANNED DEVELOPMENT
Complete Description of ,~roject (attach additional sheets if necessary)
Two sinale user buildina (concrete tilt-up_ construction) Industrial Park.
Blda. # 1 = 41 916 S.F. Blda. # 2 = 34 566 S.F. East building is provided with
two (2) -dock high loading doors and three (3) -grade level loading doors.
Location of Project
Southwest corner of El Fuerte Street and Loker Avenue West, City of Carlsbad, CA.
2793 (# 1) and 2791 (# 2) Loker Avenue West
Lega I Descri ption (comp le~e)
Lot 15 of Tract 74-21 in the city of Carlsbad, County of San Diego, State of California,
according to Map No. 10372 filed in the office of the County Recorder -April 13, 1987.
Local Facility Management Zone Assessors Parcel Number
B~dford Prooert'es .'5 209-081-15
Zone General Plan Existing Land Use
Pm Planned Industrial {P.I.) Industrial
Proposed Zone Proposed General Plan Site Acreage
PM Planned Industrial (P.I.) 4.89 Acres
I
Owner Applicant
Name (Print or Type) Name (Print or Type)
Davison-Jones Development The Allen Company (Jay A 11 en)
Mailing Address Mailing Addrress
4199 Campus Drive, Suite 830 1100 Quail St., Suite 206
City and State Zip Telephone City and State Zip Telephone
Irvine, CA 92715 (714) 854-4600 Newport Beach, CA 92660 (714) 752-
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENT ATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNA~ 9 DATE )[1If ' DATE
/1t \ ~_t._ J 1,-2c:-~
Date APPlica~n Rec'd ~ceived By ~~:;~c,e;5-Receipt No.
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Form No. 1402 (6/87) ALTA Owner's Policy
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POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
" _J'd( ~ ;;:;:.:' '-n r Ii ~),.. !.II " '---rj'"IJV'\':
SUBJECTTOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
BY PRESIDENT
BY SECRETARY
H 143193
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of: •
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char-
acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a
change in the dimensions orarea of the land orany parcel of which the land is orwas a part; or(iv) environmental protec-
tion, or the effect of any violation of these laws, ordinances orgovernmental reg ulations, except to the extent that a notice
of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation oralleged violation affecting the land has been recorded
in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured
under this policy; .
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
estate or interest insured by this policy.
1. DEFIN ITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A,
and, subject to any rights or defenses the Company
would have had against the named insured, those
who succeed to the interest of the named insured by
operation of law as distinguished from purchase
including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss
or damage.
(c) "knowledge" or "known": actual knowledge,
not constructive knowledge or notice which may be
imputed to an insured by reason of the public records
as defined in this policy or any other records which
impart constructive notice of matters affecting the
land.
(d) "land": the land described or referred to in
Schedule (A), and improvements affixed thereto
which bylaw constitute real property. The term "land"
does not include any property beyond the lines ofthe
area described or referred to in Schedule (A), nor any
right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or water-
ways, but nothing herein shall modify or limit
the extent to which a right of access to and from the
land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(f) "public records": records established under
state statutes at Date of Policy for the purpose of
imparting constructive notice of matters relating to
real property to purchasers for value and without
knowledge. With respect to Section 1 (a)(iv) of the
Exclusions From Coverage, "public records" shall
also include environmental protection liens filed in
the records of the clerk of the United States district
court for the district in which the land is located.
(g) "un marketability of the title": an alleged or
apparent matter affecting the title to the land, not
CONDITIONS AND STIPULATIONS
excluded or excepted from coverage, which would
entitle a purchaser ofthe estate or interest described
in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requir-
ing the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force
as of Date of Policy in favor of an insured only so long
as the insured retainsan estate or interest In the land,
or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from the
insured, or only so long as the insured shall have
liability by reason of covenants of warranty made by
the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in
force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mort-
gage given to the insured.
3. NOTICE OF CLAIM TO BE
GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Sec-
tion 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to the
insured all liability of the Company shall terminate
with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the
rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
• ' . I
. ,
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO
COOPERATE.
(a) Upon written request by the insured and
subject to the options contained in Section 6 of these
Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide
forthe defense of an insured in litigation in which any
third party asserts a claim adverse to the title or
interest as insured, but only as to those stated
causes of action alleging a defect, lien or encum-
brance or other matter insured against by this policy.
TheCompany shall have the right to select counsel of
its choice (subject to the right of the insured to object
for reasonable cause) to represent the insured as to
those stated causes of action and shall not be liable
for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses
incurred by the insured in the defense of those
causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own
cost, to institute and prosecute any action or pro-
ceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to
the estate or interest, as insured, or to prevent or
reduce loss ordamage to the insured. The Company
may take any appropriate action under the terms of
this policy, whether or not itshall be liable hereunder,
and shall not thereby concede liability or waive any
provision of this policy. If the Company shall exercise
its rights under this paragraph, it shall do so
diligently.
(c) Whenever the Company shall have brought
an action or interposed a defense as required or per-
mitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a
court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal
from any adverse judgment or order.
(d) In all cases where this policy permits or
requires the Company to prosecute or provide forthe
(continued on inside back cover)
"" ........ , '--......... , ~ '"
FORM 1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
CM
SCHEDULE A
AMOUNT OF INSURANCE $1,317,842.00
DATE OF POLICY: JANUARY 15, 1988 AT 3:57 P.M.
1. NAME OF INSURED:
ORDER NO. 951778-2
POLICY NO. 951778-2
PREMIUM $1,252.00
EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA LIMITED
PARTNERSHIP
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
FEE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA LIMITED
PARTNERSHIP
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
•
1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 951778-2
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
PART ONE:
1. 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.
2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE
PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF
SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN
BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE· IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD
DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN
PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER
RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS
EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT SHOWN
BY THE PUBLIC RECORDS.
PART TWO:
1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1987-88.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 757
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD
AS GRANTED IN DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE
496 AND OCTOBER 2, 1940 IN BOOK 1069, PAGE 456, BOTH OF OFFICIAL
RECORDS.
PAGE 2
•
1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 951778-2
4. AN INSTRUMENT ENTITLED "HOLD HARMLESS AGREEMENT -DRAINAGE",
EXECUTED BY TITLE INSURANCE AND TRUST UNDER HOLDING AGREEMENT NO.
409 IN FAVOR OF THE CITY OF CARLSBAD, UPON THE TERMS, COVENANTS
AND CONDITIONS CONTAINED THEREIN, RECORDED MARCH 29, 1982 AS FILE
NO. 82-083817 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
5. THE FOLLOWING RECITAL AS CONTAINED ON SUBDIVISION MAP NO. 10372.
NOTE: THIS SUBDIVISION IS APPROVED UPON THE EXPRESS CONDITION
THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE
SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER
FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH
PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF
OCCUPANCY, IF THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES
ARE NOT AVAILABLE, BUILDING PERMITS WILL NOT BE ISSUED.
6. A PERPETUAL EASEMENT FOR OPEN SPACE IN FAVOR OF THE CITY OF
CARLSBAD, AS DEDICATED ON THE MAP OF SAID TRACT WHICH PROVIDES
AMONG OTHER THINGS, THAT THE FOLLOWING SHALL BE PERFORMED ONLY AS
PERMITTED BY A SPECIAL USE PERMIT:
EXCAVATION, GRADING OR FILLING OF SAID LANDi CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LAND.
USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK AND/OR
RECREATIONAL PURPOSES.
AFFECTS PORTIONS OF LOTS 14 AND 15.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM PALOMAR AIRPORT ROAD
ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO.
10372.
8. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS I EASEMENTS, TERMS I LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE,
COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED OCTOBER 11, 1985 AS FILE NO.
85-378668 OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
PAGE 3
•
1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 951778-2
9. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND
COMMUNICATION FACILITIES AND THE RIGHT OF INGRESS AND EGRESS AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, RECORDED JUNE 11, 1986 AS FILE NO. 86-233717 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
THE EASEMENT SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA
LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3
FEET MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND
EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE MAY 1,
1988, PURSUANT TO THE PLANS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
SEPTEMBER 8, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: KAISER DEVELOPMENT COMPANY AND THE
CITY OF CARLSBAD.
RECORDED: NOVEMBER 19, 1986 AS FILE NO. 86-534589 OF OFFICIAL
RECORDS.
11. AN AGREEMENT REGARDING FEES FOR FACILITIES AND IMPROVEMENTS AS
REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED SEPTEMBER (DAY NOT
SHOWN), 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND KAISER
DEVELOPMENT COMPANY.
RECORDED: NOVEMBER 21, 1986 AS FILE NO. 86-539701 OF OFFICIAL
RECORDS.
12. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM EL FUERTE STREET ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 10372.
13. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
SEPTEMBER 29, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: MARTIN V. JONES AND ALAN DAVISON
AND CITY OF CARLSBAD.
RECORDED: OCTOBER 29, 1987 AS FILE NO. 87-809200 OF OFFICIAL
RECORDS.
PAGE 4
•
FORM 1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 951778-2
14. AN AGREEMENT REGARDING THE PAYMENT OF FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED
SEPTEMBER 23, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: MARTIN V. JONES AND ALAN DAVISON
AND THE CITY OF CARLSBAD.
RECORDED: NOVEMBER 17, 1987 AS FILE NO. 87-642298 OF OFFICIAL
RECORDS.
15. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $4,050,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 15, 1988 AS FILE
NO. 88-021670 OF OFFICIAL RECORDS.
DATED: DECEMBER 17, 1987
TRUSTOR: EL FUERTE BUSINESS CENTER PARTNERS, A CALIFORNIA
LIMITED PARTNERSHIP
TRUSTEE: FIRST BANCORP, A CALIFORNIA CORPORATION
BENEFICIARY: SANWA BANK CALIFORNIA, A CALIFORNIA CORPORATION
PAGE 5
•
FORM 1402 (6/87)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 951778-2
EXHIBIT "1"
LOT 15 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 13, 1982.
EXCEPTING THEREFROM ALL MINERAL, OIL AND GAS RIGHTS BELOW THE DEPTH
OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF
SURFACE ENTRY AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA
CORPORATION IN DEED RECORDED JANUARY 15, 1988 AS FILE NO. 88-021669
OF OFFICIAL RECORDS.
PAGE 6
• ENDORSEMENT
Attached to Policy No. 951778-2
Issued by
First American Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the insured owner named in the policy, hereby modifies the policy, ·as follows:
1. Notwithstanding anything contained in the policy to the contrary, the amount of insurance provided by the policy, as
stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent
hereinafter specified.
2. "Adjustment date" is defined, forthe purpose of this endorsement, to be 12:01 a.m. on the first January 1 which occurs
more than six months after the date of policy, as shown in Schedu Ie A of the policy to which this endorsement is attached,
and on each succeeding January 1.
3. An upward adjustment will be made on each of the adjustment dates, as defined above, by increasing the maximum
amount of insurance provided by the policy. The coverage will increase by the same percentage change by which the
annual "ENR 20-cities Building Cost Index" has increased, (as published in the "4th Quarter Roundup" Dece.mberissue
of Engineering News Record, a weekly McGraw Hill publication). All upward adjustments in the aggregate shall not
exceed a 50% total rise in the amount of insurance, so that the maximum amount of insu~anc~ in force shall never exceed
150% of the amount of insurance stated in Schedule A of the policy, less the amount of ariyclaim paid under the policy
which, under the terms of the conditions and stipulations, reduces the amount of insurance in force. There shall be no
annual adjustment in the amount of insurance for years in which there is no increase in the Building Cost Index.
4. In the settlement of any claim against the Company underthe policy, the amount of insurance in force shall be deemed to
be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible
assertion of the claim, or as of the date of receipt by the Company of the first notice of the claim, whichever shall
first occur.
Nothing herein contained shall be construed as extending or changing the effective date of the policy.
This endorsement is made a part of the policy and is subjectto the schedules, exclusions, conditions and stipulations therein.
except as modified by the provisions hereof.
First American Title Insurance Company
BY PRESIDENT
~ ~~ANTSECRETARY
First American F.A. 11.1 Inflation
(ClTA/AlTA Owners)
•• •
INDORSEMENT
Attached to Policy No. 951778-2
Issued by
First American Title Insurance Company
The Company hereby insures the owner against loss which said insured
shall sustain as a result of any exercise of the right of use or
maintenance of the easement referred to in paragraphs 3 and 9 of Schedule B
over or through said land.
The total liability of the Company under said policy and any
indorsements therein shall not exceed, in the aggregate, the face amount
of said policy and costs which the Company is obligated under the
conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the
schedules, conditions and stipulations therein, except as modified
by the provisions hereof.
First American Title Insurance Company
BY PRESIDENT
CLTA Form No. 103.1
Modified
~
-
MAP NO. 10372
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defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute
or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to use,
at its option, the name of the insured forthis purpose.
Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, secur-
ing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting set-
tlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desir-
able to establish the title to the estate or interest as
insured.lftheCompanyis prejudiced by the failure of
the insured to furnish the required cooperation, the
Company's obligations to the insured under the
policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requir-
ing such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have
been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage
shall describe the defect in, or lien or encumbrance
on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or
damage, the Company's obligations to the insured
under the policy shall terminate, including any
liability or obligation to defend, prosecute, or con-
tinue any litigation, with regard to the matter or mat-
ters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably
be required to submit to examination under oath by
any authorized representative of the Company and
shall produce for examination, inspection and copy-
ing, at such reasonable times and places as may be
designated by any authorized representative of the
Company, all records, books, ledgers, checks, cor-
respondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably
pertain tothe loss or damage. Further, if requested by
any authorized representative of the Company, the
insured claimant Shall grant its permission, in writing,
for any authorized representative of the Company to
examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in
the custody or control of a third party, which
reasonably pertain tothe loss or damage. All informa-
tion designated as confidential by the insured
claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the
insured claimant to submit for examination under
oath, produce other reasonably requested informa-
tion or grant permission to secure reasonably
necessary information from third parties as required
in this paragraph, unless prohibited by law or govern-
mental regulation, shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
I n case of a claim under this poliCY, the Company
shall have the following additional options:
(a) To Payor Tender Payment of the Amount
of Insurance.
To payor tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up
to the time of payment or tender of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of this option,
all liability and obligations to the insured under this
policy, other than to make the payment required,
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation.
(b) To Payor Otherwise Settle With Parties
Other than the Insured or With the Insured Claimant
(i) to payor otherwise settle with other
parties for or in the name of an insured claimant any
claim insured against underthis policy, together with
any costs, attorneys' fees and expenses incurred by
the insured claimant which were authorized by the
Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to payor otherwise settle with the
insured claimant the loss or damage provided for
under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant
which were authorized by the Company up to the
time of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (Ii), the
Company's obligations to the insured under this
policy for the claimed loss or damage, other than the
payments required to be made, shall terminate,
including any liability or obligation to defend, pro-
secute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the insured claimant who has suffered loss or
damage by reason of matters insured against by this
policy and only to the extent herein described.
(a) The liability of the Company under this
policy shall not exceed the least of:
(i) the Amount of Insurance stated in
Schedule A; or,
(Ii) the difference between the value of the
insured estate or interest as insured and the value of
the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the eventtheAmount of Insurance stated
in Schedule A at the Date of Policy is less than 80 per-
cent of the value of the insured estate or interest or
the full consideration paid for the land, whichever is
less, or if subsequent to the Date of Policy an improve-
ment is erected on the land which increases the
value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in
Schedule A, then this Policy is subject to the
following:
(i) where no subsequent improvement has
been made, as to any partial loss, the Company shall
only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the
total value of the insured estate or interest at Date of
Policy; or (Ii) where a subsequent improvement has
been made, as to any partial loss, the Company shall
only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in
Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to
costs, attorneys' fees and expenses for which the
Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the
aggregate, 10 percent of the Amount of Insurance
stated in Schedule A.
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accor-
dance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule (A)(C) consists of
two or more parcels which are not used as a single
site, and a loss is established affecting one ormore of
the parcels but not all, the loss shall be computed and
settled on a pro rata basis as if the amount of
insurance underthis policy was divided pro rata as to
the value on Date of Policy of each separate parcel to
the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by
the Company and the insured at the time of the
issuance of this policy and shown by an express
statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or
removes the alleged defect, lien or encumbrance, or
cures the lack of a right of access to orfrom the land,
or cures the claim of unmarketability of title, all as
insured, in a reasonably diligent manner by any
method, including litigation and the completion of
any appeals therefrom, it shall have fully performed
its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) I n the event of any litigation, including litiga-
tion by the Company or with the Company's consent,
the Company shall have no liability for loss or
damage until there has been a final determination by
a court of competent jurisdiction, and disposition of
all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claim orsuitwithoutthe
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy
insuring a mortgage hereafter executed by the
insured or assumed or agreed to by the insured and
which isa charge or lien on the estate or interest des-
cribed or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy
to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without produc-
ing this policy for endorsement of the payment un-
less the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to
the satisfaction of the Company.
(b) When liability and the extent of loss or
damage has been definitely fixed in accordance with
these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and
paid a claim under this policy, all right of subrogation
shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be en-
titled to all rights and remedies which the insured
claimant would have had against any person or prop-
erty in respect to the claim had this policy not been
issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and
remedies against any person or property necessary
in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured
claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights
or remedies.
If a payment on account of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in
the proportion which the Company's payment bears
to the whole amount of the loss.
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, but the Company, in that event, shall be
required to pay only that part of any losses insured
against by this policy which shall exceed the amount,
(continued on back)
eCOND.lrIGNS AND S"]:~PULATIO~S.
if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-
insured Obligors.
The Company's right of subrogation against
non-insured obligors shall exist and shall include,
without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or
bonds, notwithstanding any terms or conditions con-
tained in those instruments which provide for sub-
rogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the
Companyorthe insured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the insured arising
out of or relating to this policy, any service of the
Company in connection with its issuance or the
breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of
either the Company orthe insured. All arbitrable mat-
ters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration
pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at
(continued from· inside reck cover)
the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the
state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements,
if any, attached hereto by the Company is the entire
policy and contract between the insured and the
Company. I n interpreting any provision of this policy,
this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the
status of the title to the estate or interest covered
hereby orby any action asserting such claim, shall be
restricted to this policy.
(c) No amendment of or endorsement to this
policy can be made except by a writing endorsed
hereon or attached hereto signed byeitherthe Presi-
dent, a Vice President, the Secretary, an Assistant
Secretary, or validating officer or authorized
Signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the
policy shall be deemed not to Include that provision
and all other provisions shall remain in full force
and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this policy and
shall be addressed to the Company at 114 East Fifth
Street, Santa Ana, California 92701, or to the office
which issued this policy.
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.. CITY OF CARLSBAD ..
1200 ELM .wI::NUE CARLSBAD, CALlFO~IA 92008
438·5621
ACCOUNT NO. DESCRIPTION
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RECEIPT NO. 89445 TOTAL
AMOUNT
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DISCLOSURE FORM
APPLI CANT: EL FUERTE BUSINESS CENTER
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication) ,
4199 CAMPUS DRIVE, SUITE 830 IRVINE, CA
Business Address
(714) 854-2443
Telephone Number
MARTI N JON ES
Name
4199 CAMPUS DRIVE, SUITE 830, IRVINE, CA
Business Address
(714) 854-2443
Telephone Number
MARTIN JONES Name (Individual, partner, joint
venture, corporation, syndication)
17 BARISTO, IRVINE, CA 92715
Home Address
4199 CAMPUS DRIVE, SUITE 830, IRVINE CA
Business Address
(714) 854-2443
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets If necessary)
I/We understand that if this project Is located In the Coastal Zqne, I/we will apply
for Coastal Commission Approval prior to devp.lopment.
I/We acknowledge that In the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to Inspect and enter the property that Is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained In this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct untl! amended.
APFDtICANT
BY
Agent, Owner, Partner
. . ~ .......... .::-..
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
((itl' of ((arl~bab
DEVELOPMENT PROCESSING
SERVICES DIVISION
PUBLIC FACILITIES FEE REQUIREMENTS
SAME
TELEPHONE
(619) 438-1161
City Council Policy No. 17 requires that all developers requesting a discretionary
action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the
building valuation. The fee is computed by the Building Department and paid at the
time the Building Permit is obtained. In the case of a condominium conversion, the
fee is calculated on the building valuation at the time the fee is paid and the fee
must be paid prior to obtaining a Final Map on the project.
In addition to the above, a completed, signed, and notarized agreement to pay the
Public Facilities Fee must be submitted with any application for a discretionary action.
This agreement form should be completed by the Applicant and submitted as follows:
1. Select the appropriate form for either (a) the Developer and Owner are the same
party, or (b) the Developer and Owner are different.
2. Fill in the date the agreement is completed; the name and address of the
Developer, and Owner, if appropriate, and state if each is an individual,
partnership, corporation, etc.
3. Fill in the type of project proposed to be constructed such as, a 12-unit
condiminum or 30,000 sguare foot shopping center, etc., and the proposed name
(if any).
4. Fill in the date the request will be (or was) submitted and the type of request
such as, a tentative map, condominium permit, or rezoning, etc.
5. Type a short legal description of the property on the last sheet (Exhibit "A").
Legal must be ap original. No reproduced copies will be accepted.
6. Sign the form in the presence of a Notary and have the Notary attach an
Acknowledgement of Excution to the form.
a. Include the title of the person signing the form (General Partner,
Vice-President, etc.). If the agreement is signed by a corporate officer, the
Corporate Seal must be stamped by the signature.
b. Be sure the Notary form is the correct type; Individual, Partnership, or
Corporation.
7. Use the attached form as an original. A reproduced copy will not be accepted.
Submit the original of the agreement and one (1) copy.
8. A current copy of the preliminary Title Report must accompany each application.
The preliminary Title Report must have been issued within the last six (6)
months.
9. Attach a check for $25.00, payable to "City of Carlsbad".
7/87
I. _,
~:
'"
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parce 1 No . __ 2_o_9-_o_8_1_-1_5 _______ _
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 21 day of September 19 88
by and between _________________________ _
E1 Fuerte Business Center Partners
(Name of Developer-Owner)
a, __ -'-P:.uar-lt<..!Jn~erws~hw..i~p ________ , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 4199 Campus Drive, Ste 830, Irvine, CA 92715
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
"A":, attached hereto and made a part of this agreement, hereinafter referred
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88
.. .-s· , .
I Lot Split of Existing Parcel
on said Property, which development carries the proposed name of ------E1 Fuerte Business Park 2
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 21 day of September 19 88 , -,
with the City a request for Non-Residential P·lan'ne;di,,0eve1opment
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires
that the City Council find that all publ ic facil ities necessary to serve a
deve 1 opment wi 11 be avail ab 1 e concurrent wi th need or such development shall
not be approved (said element is on· file with the City Clerk and js
incorporated by this reference); and
WHEREAS, Developer and City recogn i ze the correctnes s of Counc il Pol icy
No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public facilities and services are at
capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and
services will be available to meet the future needs of the Development as it is
presently proposed; but the Developer is aware that the City cannot and will
not be able to make any such finding without financial assistance to pay for
such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public
facil ities fee.
REV 3-1-88 2
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad MuniCipal Code. Developer
shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% of the building permit valuation
at the time of conversion. The fee for a condominium conversion shall be paid
prior to the issuance of a condominium conversion permit as provided in Chapt~r
21.47 of the Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction permits", "other
construction permit" and en~itlement of use" as used in this agreement, except
in reference to mobile home sites or projects, shall not refer to grading
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid pri or to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88 3
· -.. -~ . , .
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined
by City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites donated
under this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. Th is agreement and the fee pa i d pursuant hereto are requ i red to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent wi~h
the General Plan and any approval or permit for the Development shall be void.
No building or other constructi-on permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a
publ ic facil ities fund for the financing of publ ic facil ities when the City
Council determines the need exists to provide the facil ities and sufficient
funds from the payment of this and similar public facilities fees are
available.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply with any requirements of other public agencies as evidence
of adequate public facilities and service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
).. .-~:
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless s~rved in one of the following manners:
7.1 If notice is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
at the address set forth herei n, enclosed ina seal ed envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 I f not ice given to Developer by personal deli very thereof to
Developer or by depositing the. same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references to and include their respective successors and assigns without
specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's obligations
hereunder.
9. This agreement shall be recorded but shall not create alien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5
PARTNERSHIP ACKNOWLEDGMENT
..
State~f'~2
County of Zl ~ £ } SS.
OFFICIAL SEAL
.• TERI STEARNS ,~~~\ Notary Publlc-Callfomla 1:1 ORANGE COUNTY
My Comm. EIp. Mar. 13, 1992 ,
;
7130122
On this the 2..1 day of ~C/rt .. d.J. e"".< 19'3'8, before me,
'TE:e..-J. Srf:::;4 R.-1J.5
the undersigned Notary Public, personally appeared
!+L--AU DAV/C;:oJ-.}
o personally known to me
,)sr proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITN ESS my han.ad~ aa d OOTf:flicial seal.
~.~\ Notary's Signature ------
NO. 203
NATIONAL NOTARY ASSOCIATION· 23012 Ventura Blvd .• P.O. Box 4625 • Woodland Hills, CA 91364
-.
f·
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER:
(name)
By: -L~~LJL«2~~~~:---
(Titl e)
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
MARTIN ORENYAK
For City Manager
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
REV 3-1-88 6
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lEGAL DESCRIPTION
Lot 15 of Tract 74-21 in the City of Carlsbad, County of San Diego, State of
Ca 1 i forni a, accordi ng to Map No. 10372 fil ed in the offi ce of the County
Recorder April 13, 1987.
REV 3-1-88 7
. . • ---..... '
BANZUELOIRIEHSUNiDUFF
· n~ -k7 <B~LA::E~E~~OPMEN~ f+PPrrcoion
NON-RESIDENTIAL CHECK LIST
COMMENTS
PROJECT NUMBER ~Of\~ ?® rY.-f--&,
v-----
2.
15 site plans
15 landscape
~ 3. 15 bldg. elevations & floor plans O:K.
v ctl;-, \ \
4. 1 site plan
5. location map
EIA $175
PFF agreement (2) $25
Disclosure Statement
Owner1s list and 2 address labels +
~"./ 600 ft. radius map
12. Availability (seW61 & wa-toCie ).
--13. Site & elevation plan
....--:-14. Constraints map~ w''->''-'~-·'L . "-C:---L~L
r) .-'.Lr (
15. traffic volume map .iA~ v,;.c-;'<-7 /7'-12.<',:-:' ,-' ...
C
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DATE ________ _ SIGNA TU RE __ --.:... __________ _
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