HomeMy WebLinkAboutPUD 89-06; JEREZ CONDOMINIUMS; Planned Development - Major Subdivision (PD).. 'j
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
(619) 438-1161
• •
Fees
,~esidential Condominiums and
Residential Planned Unit
Development:
$ 530.00 (50 units or less)
$1,090.00 (51 units or more)
PLANNING DEPARTMENT
RESIDENTIAL CONDOMINIUMS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Complete Description of Project (attach additional sheets if necessary)
Six unit condominium project
Location of Project
Jerez Court
Legal Description (complete)
Lot 363 of La Costa South Unit No. 5 , in the City of Carlsbad, County
San Diego, State of California, according to map thereof No. 6600
of
V Local Facility Management Zone Assessors Parcel Number ~
#6 216-290-07
Zone ~Rneral Plan Existin:r Land yse RD-M (15-2 DU/AC
Proposed Zone Proposed General Plan Site Acreage
RD-M RH 0.371 Acre + -
Owner Applicant
Name (Print or Type) Name (Print or 'Type)
SEVE CATALINA SECOND APEC CIVIL ENGINEERING
Maiiing Address Mailing Address
4350 La Jolla Village Drive, Suite 300 2341 Fifth Avenue
-
City and State Zip Telephone City and State Zip Telephone
San Diego, CA 92122 619/546-4400 San Diego, CA 92101-1610 ~~~9~hO
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION 15 TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF , MY KNOWLEDGE. -
;;~~tJ D~, !J)~:T~~JijJ DATE
Il/ff? 1I/1/t6!
(,Pate Application Rec'd Received B'y Fees Received Receipt No.
<;,/2-/ f{? G,r, bSoV'l $}~~-b ' ?I GO Lf
PROJECT NUMBER (5) CT <61-is-
100 f:Ji -b y...
1
.' ....
FIDELITY NATIONAL TITLE INSURANCE a::.MPANY
2763 Camino Del Rio South Phone (619) 295-7332
San Diego, California 92108 North County 748-4110
P.O. Box 85589,S.D., CA 92138 727-1852 & 753-6321
SEVE DESIGN
AMENDED
P.RELIMINl\Ry REFORl'
4350 La Jolla Village, suite 300
San Diego, California
Attention: Jorge Serrano
Your No. S:EVE ())NIX)S
OUr Number 8817601-S
Date: January 24, 1989
In response to the application for a policy of title insurance
referenced herein, FIDEIJ."TY NA'l'IONAL 'l'ITLE o:::MPANY hereby reports that it is
prepared to issue, or cause to be iSSUed, as of the date hereof, a Policy or
Policies or Title Insurcmce describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may by sustained
by reason of any defect, lien or encumbrance not ShCMI1 or referred to as an
Exception herein or not exclude from coverage pursuant to the printed
Schedules, Conditions and stipulations of said Policy fonus.
~1e printed exceptions and exclusions from ~1e coverage of said Policy
or Policies are set forth in Exhibit A attached. Copies of ~1e Policy fonus
should be read. 'l'hey are available from the office that issued ~1is report.
'I'his report (and any supplements or amendments hereto) is issued solely
for the purpose of facilitatinq ~le issuance for a Policy or Policies of
title insurance and no liability is assumed hereby. If it is desired ~1at
liability be assumed prior to ~le issuance of a policy of title insurance, a
Binder or Comrni bnent should be requested.
'l'he form of Policy or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE roLICY-1988
<;:LTA Owners JP Loan Policy Binder
ALTA lOAN roLICY (6-1-87) WITH A.L.T.A. ENOORSEMENT FORM 1 COVERAGE
SQ-IELUI..E OF EXClUSIONS FRC11 COVERAGE
ALTA Loan Policy ALTA-R ALTA Extended Owners
D.:"lted as of January 24, 1989 at 7: 30 A.M.
STh-VEN E. FORD
Title Officeifnaf
Page 1
FORM T-911 -Page 1 -(Amended 6/88)
· .,
.~-
PRELIMINARY REroRl'
'PAGE NO.2 e
ORDER NO. 8817601-S
'Ihe estate or interest in the land hereinafter described or referred to
cxwered by this Report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
SEVE CATALINA SECOND, a california General Partnership
NOI'E: It is our urrlerstanding that title to said estate or interest in said
policy is to be vested in:
'Ihe land referred to in this report is described as follows: ...
lot 363 of IA CX>STA sam-I UNIT NO.5, in the city of carlsbad, in the County
of San Diego, State of california, according to Map thereof No. 6600, filed
in the Office of the County Recorder of San Diego County, March 10, 1970.
At the date hereof exceptions to coverage in addition to the printed
exceptions arrl exclusions contained in said policy from would be as
hereinafter shown.
1. General arrl special taxes, the second installment ncM payable, for the
fiscal year 1988-89.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of O1apter 3.5 (corronencing with section 75) of the Revenue and
Taxation COde of the State of california.
3. Covenants, conditions and restrictions, but deleting restrictions, if
any, based upon, race, color, religion or national origin, as contained in
instrument recorded March 10, 1970 as File No. 43138 of Official Records.
Said instrument provides that a violation thereof shall not defeat nor
render invalid the lien of any mortgage or deed of trust made in gcx:x1 faith
and for value.
4. An agreement to which reference is hereby made for full particulars,
regarding Holding city of carlsbad Hannless recorded May 8, 1985 as File No.
85-162317 of Official Records.
5. A Deed of Trust to secure an indebtedness of $157,500.00, recorded
October 25,. 1988 as File No. 88-544900 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
October 25, 1988
SEVE CATALINA SECDND, a californi~ General Partnership
CX»1MUNICD, INC.
CALIFORNIA CXX'1MERCE BANK
The amount due, tenus and conditions of said indebtedness should be
detennined by contacting the owner of the debt.
· ...
. -
PRELIMINARY REroRr
·PAGE NO. 3 ~
ORDER NO. 8817601-S
6. NOI'E: (1) No knCMl1 matters otherwise appropriate to be shCMl1 have been
deleted from this report, which is not a Policy of Title Insurance, bl:l;t a
report to facilitate the issuance of a Policy of Title Insurance.
For purposes of policy issuance, No Items, may be eliminated on the
basis of an Indemnity Agreement or other Agreement satisfactory to the
Company as insurer.
1988-89 TAX INFORMATION:
Code Area:
Parcel No.
1st Installment: 2m Installment:
Based on land:
9046
216-290-07
$1,045.15 PAID
$1,045.15 OPEN
$196,323.00
, ,
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1988
EXCLUSIONS FROM COVERAGE
The following mallers are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, al\orneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmelllal regulation (including but
not limited to building and loning laws. ordinances. or regulations)
restricting. regulating. prohibiting or relating to (i) the occupancy,
usc. or enjoyment of the land; (ii) the character. dimensions or
location of any improvement now or herealler erected on the 1.lnd;
(iii) a separation in ownership or a change in the dimensions or are.l
of the land or any parcel of which the land is or was a rart; or (iv)
environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations. except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumhrance resulting from a violation or alleged violation
aff('cting the I.lnd 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 encumhrance resulting from a violation or
alleged Violation affecting the land h.1S been re('lmled in the puhlic
records at Date of I'olicy.
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) whether or not recorded in the public records at Date of Policy.
but 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 creating subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been
smtained if the insured claimant hold paid value for til(' insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of
the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness. to
comply with the applicable doing business laws of the stdte in
whi( h the land is situated.
5. Invalidity or unenforcl'ability of the lien of the insured 1lI0rtg.lge.
or claim thereof, which arises out of the transactIon ... videnced by
the insured mortgage and is based upon usury or any consumer
credit protection or truth in lending law.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) whi'ch arise by reason of:
rART I
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
rf'al property or by the public re('ords.
Proceedings by a public agency which may result in taxes or assess-
ments. or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could he ascertained by an inspection of
the land or which may be asserted by persons in possession ther(!ol.
3. Easements. liens or encumbrances, or claims thereof. which are not
shown by the public records.
4. ()i~cr('I""1ci('s, conflkts in houndary lilll·s. ,11Ort.llll' in arl'a. l'n-
croaC'hnlt"nts, or any other f~tCts whith d COllell 5.lJrV(~y would
disclose, and which are not shown by the publIC records.
5. (a) Unpatented mining claims; (h) reservations or exceptions in
patents or in Acts authorizing the isslJance 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87)
WITH A.l.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF 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 rl'gul.ltion (incilldinl~ but
not limited to building and loning laws, ordinances. or r .. gulations)
restricting, regulating, prohibiting or relating to (i) the occupancy.
use, or enjoyment of the land; (ii) the character. dimensions or
location of any improvement now or hereafter erected on the fand;
(iii) a separation in ownership or a change in the dimensions or are.l
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection. or the effect of .lOy violation of these
laws, ordinances or governmental regulations, except to the extent
th.lt a notice of the enforcement thereof or a notice of a defect.
lien or encumbrance result ing from a Violation or alleged violat ion
affecting the land has been recorded in the public r(,cords at Date
of I'olley.
(b) Any governmental polin' power not excluded by (a) ahov('.
except to the eXICnt that a notice of till! exercise thereof or a notice
of a defect. lien or encumbr.lIlce resuiting from a violation or
alleged violation affecting the IJnt! has been recorded in the public
records at D.lte of I'olicy.
2. Righls of eminant dOlllall1 unle~s no!ice of the exercise thereof has
l"'l'n recorded in the public If'cords at D.lte of Policy. but not
t.'"xdudinH frorn ('ovcraJ..;C .nlY laking which h,l!> OCClH(!d prior 10
f).111~ oll'oliey which would he bindinl{ on the rights of a purch.lser
for v •• lue without knowlt'dgl·.
J. Defects. liens, enCUmbr.lrlCf.'S •• ldvl.'lse cI.lims. or (ltlll'r mailers: (a)
created, suffered, assumed or agr~l'd to by the insllled cJ.limJnt:
'1'-911 (revi:;ed 6/881
(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 p"or
to the date the insured ddimant became an Insured under this
policy;
(c) resulting in no loss or ddmage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, (except to the
extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material); or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage becaus .. of
11ll' inability or f.lilure of th(! insured .11 Dale of Policy. or tl1<'
in.lhility or f.lilure of any subsequent owner of Ihe Indl·h .... d,ll'ss.ln
comply with al'plie.lble doing business 1.1WS of the state In whllh
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage.
or cldim thereof, which arises out of the transaction evidenced by
the insured mortgage, and is based upon usury or any consumer
credit protection or truth in lending law.
6. Any statutory lien for services. labor or materials (or the claim of
priorily of any statutory lien for services, labor or nl<lterials over the
lien of the insured mortgage) arising from an improvement or work
related to the land which is contracted for and commenced sub·
sequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage
which at Date of I'olicy the insured has advanced or is obligated
to advance.
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, .,ltorneys lees and expenses resulting from:
1. Governmental police power, and the existence or violation of Jny law or government regulation. This includes building and loning
ordinances and also laws and regul.ltions concerning:
• I.lnd use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcE'llIent of these mailers which appear in the public records at policy date.
This exclusion does not limit the zoning coverat-:e described in Items 12 and 13 of Covered T itle I~isks.
2. The right to take the land by condemning it, unless:
• a notice of eXE'rcising the right appears in the public records on the Policy Date
'-. • the taking happened prior to the Policy Date and is binding on you if you bought tilE' IOlnd without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• thdt are known to you, but not to u~, on the Policy D.lte-unless they appeared in the public records
• that result in no ,loss to you
• that first aifect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically descrihed and referred to in Item 0\ of Schl'dule A
or
• in streets, alleys, or waterways that tOllch your lan{1.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
SCHEDULE B
EXCEPTIONS
In addition 10 the Exclusions, you are not insured against loss, costs, allorneys' fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not. shown by the public records.
2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item II of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit
the forced removal coverage in Item 12 of CaverN) Title Risks.
4. Any water riHhts or claims o~ title to water in or under the land, whether or not shown by the public records.
AMERICAN LAND TiTlE ASSOCIATION OWNER'S POLICY (10-21-87)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded iroill the coverage of
this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
J. (a) Any law, ordinance or government.,1 regul.lIion (including hut
not limited to building and zoning laws, ordinances, or regul.l-
tions) restricting, prohibiting or relating to (i) the occup.lIlCY, use,
or enjoyment of the land; (ii) the chararter, dimensions or 10c.I-
tion of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimemions or
area of the'I.1m) or any poUcel of which the land is or W.1S a pMt;
or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or government.,1 regulations, except to
the extent that a notice of the enforcement thereof or ., notice of
a defect, lien or encumhrance resulting from a violation or al-
leged violation affecting the land has been recorded in the public
recorels at Date of Policy.
(b) Any governmental police power not excluded hy (.1) .,hOVI',
except to the extent that a notice of the exercise thereof or .l
notice of a deiect, lien or encumbrance resulting frolll .1 violation,
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notin' of the exerclsE' thereof
has been recordl'd in the public records at Date of Policy. hut
not exrludint-: fmlll covl'r.1He any t.lking which h.H occurred
prior to Dolt!' of Policy whit h would he binding on the rights of
.1 purchaser for v.llue without knowledt-:e.
3. Defects, liens. ('ncumbrances, .ulverse claims, or otlll~r mailers:
(a) cre.lted, suiiered •• 15sum('(1 or agrl>('(1 to hy the insured
cl.limant:
Ih) not known to the Company, not recorded in the puhlic r('cords
at D.,te of Policy. hut known to the insured claimant and not
disclosed in writing 10 tht~ Company by the insured claim.1Ilt
prior 10 the date the insured claimant bec.1llle an insured under
this policy;
(e) resulting in no los~ or dalll.lge to til(' insurl'c/ rlaim.1Ilt;
ld) allilching or creat('d ~uh5l'qul'nt to D.lt!' of Policy. or
((') r(~sl"tinl-\ in loss or dalll.I):l' which would not havl' bel'" sus-
t.lined if the insured claimant h.ld pOliti v.llue ior tl1l' est.lte or
inler('st insured by this policy.
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POOR
QUALITY
ORIGINAL (S)
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CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438·5621
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~t:~jr ACCOUNT NO. DESCRIPTION ,
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RECEIPT NO. 91604 TOTAL:
AMOUNT
/75:U()
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0001 01 ;b~ lie)
M1SC " .1. ,'pl,' \IV
0001 O!).jQ.j. 1') ()
HCT.-tltlV r ;: / t--f ·vv
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DISCLOSURE FORM
APPLICANT: SEVE CATALINA SECOND, a general partnership
AGENT:
MEMBERS:
Name (individujll, .partnership, joint venture,., corporation syndication) 4350 La Jolla village Drive, Suite 3uO '
Busi/,)ess Address
619/546-4400
Telephone Number
APEC Civil Engineering Name
2341 Fifth Avenue, San Diego, CA 92101-1610
Business Address
619/239-7501
Telephone Number
Jorge Serrano, 7110 Caminito Estada
Name (individual, partner, joint Home Address
venture, coq~oration, syndication)
SEVE DESIGN & DEVELOPMENT, INC.
4350 La Jolla Village Dr. ,Ste 300, La .Jolla ,CA 92122
Business Address
619/546-4400
Telephone Number
Javier I. Benito, Pres.
619/546-4400
Telephone Number
2275 Via Lucia
Name Home Address
SANTA CATALINA B.R., INC.
43 50 l a .10 J 1 a "i 1 1 age 0 r , S t e 300. La J 011 a J, C /I. 92037
Busin~ss Address
619/546-4408 619/454-3613
Telephone Number Telephone Number
(Attach more sheets if necessary)
I tWe understand that if this project is located in the Coastal Zone, I twe will apply
for Coastal Commission Approval prior to development.
'.
I tWe 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. ItWe 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 until amended.
APPLICANT
BY
Agent, Owner, Partner
" • •
RESIDENTIAL CONDOMINIUMS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
CHECK LIST
COMMENTS
PROJECT NUMBER Pv.o <67-(; I
15 site plans
15 landscape
15 bldg. elevations & floor plans
1 site plans
1 location map
EIA $175
PFF agreement (2) $25
Disclosure statement
Owner's list and 2 address labels + postage
:J. 600 ft. radius map
Title Reports (3)
site & elevation plan
Constraints map
1f1 1 traffic volume map
DATE SIGNATURE
SITE -rn
:0 rn
N
JEREZ CONDOMINIUMS
City of Carlsbad
CT 89-15
PUD 89-06