HomeMy WebLinkAboutRP 85-19A; SEA HORSE INVESTMENTS; Redevelopment Permits (RP) (3)2075 LAS PALMAS DRIVE • z>fgC^ j • TELEPHONE
CARLSBAD, CA 92009-4859 Wrf^JfM (619) 438-1161
(Eita 0f (EarlHbab
PLANNING DEPARTMENT
November 1, 1988
Charles F. Rowe, President
California Builders
PO Box 142
Carlsbad, CA 92008
SUBJECT: RP 85-19 (A) Preliminary Staff Report
The preliminary staff report for the above referenced project will be available
for you to pick up on Friday, November 4, 1988, after 8 a.m. This preliminary
report will be discussed by staff at the Development Coordinating Committee
(D.C.C.) meeting which will be held on Monday, November 7, 1988. A twenty (20)
minute appointment has been set aside for you at 9:00 a.m. If you have any
questions concerning your project, you should attend the D.C.C. meeting.
It is necessary that you bring your required colored exhibit(s) with you to this
meeting in order for your project to go forward to the Planning Commission. If
you do not plan to attend this meeting, please make arrangements to have your
colored exhibit(s) here by the scheduled time above.
If you need additional information concerning this matter, please contact the
Planning Department at 438-1161.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
By : —-
Planning Department
AL:MJH\lh
A:\DCC\RP8519A.DCC
PETER J. LONGANBACH
ATTORNEY AT LAW
POST OFFICE BOX 8193
RANCHO SANTA FE. CALIFORNIA 92067
TELEPHONE (619) 756-428^
October 5, 1988
Mr. Ron Ball
Asst. City Attorney
City Attorney's Office
City of Carlsbad
120 0 Elm Avenue
Carlsbad, CA 92008
RE: Parcel 2 - Carlsbad Boulevard Hotel
Dear Ron:
Pursuant to your request I am enclosing a current
Preliminary Title Report dated October 3, 1988
eliminating, as an exception, the agreement dated May
29, 1980 between Blankenship Development Company and
Charles R. Eymann and Alice May Eymann, husband and
wife. I am also enclosing a Certificate of Death for
John Eymann. If you need any further information,
don't hesitate to contact me.
Very trilly yours,
P^terXjJ. Longanbach
PJL:dj
cc: Adrienne Landers
tiJ
IJ H-
O
o
STATE FILE NUMDER
CERTIFICATE OF DEATH
STATE OF CALiFORNIA LOCAL HEQISTRATION DISTHICT AND CEflTIFlCATE NUMBER
on IA. NAME OF DECEDENT FIRST I IB. MiDOLfi
John 1 : Eyman September 8,1988 1 1720
3. SEX
Male
4. RACE/ETHNICITY 5. SPANISH/HISPANIC
NO
6. DATE OF BIRTH
August 30, 1897
7. AGE
9 1 YEARS
IP IINDER 1 YEAR
MONTHS j DAYS
IP UNDER 24 HOURS
HOURS 1 MINUTES
f— 8. BIRTHPLACE OF DECEDENT
00 (STATE OR FOREIGN COUNTRY)
. CO t
'IIA. CITIZEN OF
V WHAT COUNTRY
•USA
9. NAME AND BIRTHPLACE OF FATHER
Edward Eyman - IL
IIB. IF DECEASED WAS EVER IN
MILTTARY GIVE LIATES OF SERVICE.
19 J._a. TO 19_L^
O
, 1 S. PRIMARY OCCUPATION
;0^-mer
12. SOCIAL SECURITY NUMBER
553-10-7769
1 6. NUMDER OF YEARS
THIS OCCUPATION
40
13. MARITAL STATUS
Divorced
17. EMPLOYER (IP SELF-EMPLOYED, SO STATE)
Self-employed
, 19A. USUAL RESIDENCE STREET ADDRESS (STREET ANO NUMBER OR LOCATION) ' 19B.
<C • I
327 Beech Avenue !
190. COUhfTY
UJ San Diego
21 A. PLACE OF DEATH
At Home
21C. STREET ADDRESS (STREET ANO NUMBER OR LOCATION)
327 Beech Ave.
19E. STATE
California
2IB. COUNTY
San Diego
2ID. CITY OR TOWN
Carlsbad
2A. DATE OF DEATH (MONTH, DAY. YEAR) I 2B. HOUR
I
lo. BIRTH NAMH AND BIRTHPLACE OP MOTHER
Freda Ortwein - Germany
14. NAME OF SURVIVING SPOUSE OP WIFE. ENTER
BIRTH NAME)
18. KiNO OP INDUSTRY OR BUSINESS
Onyx and Marble Novelties
tse. CITY OR TOWN
Carlsbad
20. NAME AND ADDRESS OF INFORMANT—RELATIONSHIP
Charles Eyman - Brother
4140 Skyline Road
Carlsbad, CA 92008
22. DEATH WAS CAUSED BY:
IMMEDIATE CAUSE
(ENTER ONLY ONE CAUSE PER LINE FOR A. B, AND C)
iJ 'X
U UJ o o
O
oo IJJ
a.
LJ IjJ o to o u.
Q^j^ CONDITIONS, IF ANY, Z'
I WHICH GAVE RISE TO j
THE IMMEDIATE CAUSE,
Q_j STATING THE UNDER-
LYING CAUSE LAST.
GO
I Q
'-->'••<:.': n: o
on CD r)
•—• CTr
O OL.
— oo
1
DUE TO, OR AS A CONSEQUENCE OF
(B)
DUE TO, OR AS A CONSEQUENCE OF
(C)
23. OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RELATED TO CAUSE GIVEN
IN 22A
1^
APPROXI-
MATE
INTERVAL
BETWEEN
ONSET
AND
DEATH
24. WAS DEATH REPORTED
TO CORONER?
eg> 9-150
25. VOSO) B!0;'SY PERFORMED?
nn
26. WAS AUTOPSY PERFORMED?
27. WAS OPERATION PERFORMED FOR ANY CONDITION IN ITEMS 22 OR
237 TYPE OF OPERATION DATE
no
28A. I CERTIFY THAT DEATH OCCURRED AT THE
HOUR, DATE AND PLACE STATED FROM THE CAUSES
STATED.
1 ATTENDED DECEDENT SINCE I 1 LAST SAW DECEDENT ALIVE
(ENTER MO. OA. YR.) I (ENTER MO. OA. YR.)
Ju-ne 10. iqiM!5LLne."\0. 1S68
29. SPECIFY ACCIDENT, SUICIDE, ETC.
URE ANO DEGREE OR TITLE
S NAME Afjp ADDRESS 2 2.1 0 M.Q \
I 28C. OATE SIGNED I 280. PHYSICIAN'S UCENSE NUMBER I ^ I
Ragsdale, MD sa Dr. #2
Oceanside, CA 92054
30. PLACE OF INJURY
33. LOCATION (STREET AND NUMBER OR LOCATION AND CITY OR TOWN)
31. INJURY AT WORK 32A. DATE OF INJURY MONTH. DAY, YEAR I 32B. HOUR
I
34. DESCRIBE HOW INJURY OCCURRED (EVENTS WHtCH RESULTED IN INJURY)
35A. I CERTIFY THAT DEATH OCCURRED AT THE HOUR. DATE AND PLACE STATED FROM 3SB. CORONER SIGNATURE ANO DEGREE OR TTTLE
THE CAUSES STATED, AS REQUIRED BY LAW I HAVE HELD AN (INQUEST-INVESTIGATION)
' SSC. DATE SIGNED
36. DISPOSITION
Cremation
37. DATE MONTH, DAY. YEAR
Sept. 12, 1988
38. NAME AND ADDRESS OF CEMETERT OR CREMATORY
1999 El Camino Real Eternal Hills Crematory, Oceanside, CA
39. EMBALMER'S LICENSE NUMBER ANO SIGNATURE
Not Embalmed
40A, NAME OF FUNERAL DIRECTOR (OR PERSON ACTING AS SUCH)
Oceanside Mortuary
40B. LICENSE NO,
253
41. ""^^ 42. DATE ACCEPTEO BY LOCAL REGISTRAR
SEPO 91988
STATE
REGISTRAR
A. B. c. D. E. F.
Transajj|erica Title Insurance C^^pany
3033 FIFTH AVENUE
SAN DIEGO, CALIFORNIA 92103
(619) 296-2000
DATE OCTOBER 3, 1983 ORDER NO, 6003526
CALIFORNIA BUILDERS
2910 JEFFERSON STREET #202
CARLSBAD, CALIFORNIA
ATTN: CHARLES ROWE
YOUR NO, EYMANN
PRELIMINARY REPORT
IN RESPONSE TO THE ABQVE REFERENCED APPLICATIQN FQR A PQLICY QF TITLE INSURANCE, TRANSAMERICA TITLE
INSURANCE HEREBY REPORTS THAT IT IS PREPARED TQ ISSUE, OR CAUSE TQ BE ISSUED, AS OF THE DATE HEREOF,
A POLICY QR POLICIES OF TiTLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER
SET FORTH, INSURING AGAINST LOSS KHICH HAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUHBRANCE
NOT SHQ»N OR REFERRED TO A3 AN EXCEPTION BELOM QR NOT EXCLUDED FROft COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROH THE COVERAGE QF SAID POLICY QR POLICIES ARE SET FORTH IN
EXHIBIT -A' ATTACHED. COPIES OF THE POLICY FORHS SHQULD BE READ. THEY ARE AVAILABLE FROH THE OFFICE mm
ISSUED THIS REPQRT.
THIS REPORT (AND ANY SUPPLEHENTS OR AHENDHENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE GF FACILITATING
THE ISSUANCE QF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUHED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUHED PRIOR TO THE ISSUANCE OF A PQLICY QF TiTLE INSURANCE, A BINDER OR CQHHITHENT SHOULD
BE REQUESTED.
DATED AS OF 30 A.M. SEPTEMBER 26, 19aG
LORETTA GRpiNGtR
(TITLE'OFFICER)
Transai^rica Title Insurance Q#npany
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE
POLICY - 1973
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS
AN OPTION TO PURCHASE ESTATE CREATED BY THAT CERTAIN
OPTION, DATED MAY 29, 1980 AND EXECUTED BY AND
BETWEEN CHARLES R. EYMANN AND ALICE MAY EYMANN,
HUSBAND AND WIFE AS OPTIONERS, AND BLANKENSHIP
DEVELOPMENT CO., A CALIFORNIA CORPORATION, AS OPTIONEE,
UPON THE SAME TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JUNE 12, 1930 A3 FILE NO. 30-137297 OF OFFICIAL
RECORDS.
THE INTEREST OF SUSAN J. BLANKENSHIP, ALSO KNOWN AS SUSAN
J. BECKMAN SUCCESSOR TRUSTEE OF TRUST "A" CREATED UDT
JANUARY 26, 1931 WAS ASSIGNED TO PETER J. LONGANBACH AND
CHARLES F. ROWE, BY A MEMORANDUM OF ASSIGNMENT OF OPTION
AGREEMENT DATED FEBRUARY 26, 1933 AND RECORDED MARCH 4,
1933 AS FILE NO. 83-101040 OF OFFICIAL RECORDS„
SAID OPTION IS SUBJECT TO A LIFE ESTATE RESERVED FOR THE
BENEFIT OF JOHN EYMANN.
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN;
PETER J. LONGANBACH AND CHARLES F. ROWE.
PAGE 2 6003526
Transa^rica Title Insurance cShnpany
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS
FOLLOWS:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY
15, 1394, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5;
THENCE NORTH 55°23='25" EAST 115.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 55«23-25" EAST 20.00
FEET; THENCE SOUTH 34«'33-25" EAST 120.00 FEET, THENCE NORTH
55-23^25" EAST 135.00 FEET, THENCE SOUTH 34«33='25" EAST
30.26; THENCE SOUTH 55«26'53" WEST 150.00 FEET; THENCE
NORTH 34«33-'"25" WEST 200.10 FEET TO THE TRUE POINT OF BEGINNING.
F'AGE 3 6009526
Transar^rica Title Insurance C#npany
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSiONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE
AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable.
For Fiscal Year: 1933-89
2. GENERAL AND SPECIAL TAXES, as -foi lows:
For Fisi-cai Year : 1937-88
First Installment : $152.29 PAID
Second Installment: $152.29 PAID
Land Value ; $27,376.00
Account No. : 203-172-21
Code Area No. : 09093
3. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5, REVENUE AND TAXATION CODE,
SECTIONS 75 ET SEQ.
4. EASEMENT, and incidents thereto,
In Favor o-f : SAN DIEGO GAS AND ELECTRIC COMPANY
Recorded, Official Records: AUGUST 30, 1939
Book/Reel : 949
Pacje/'Image : i~S
Purpose : AERIAL AND UNDERGROUND PUBLIC UTILITIES AND
PURPOSES INCIDENTAL THERETO
Affects : THE ROUTE THEREOF ACROSS SAID LAND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID
BLOCK 5, DISTANT THEREON 249 FEET NORTHERLY
FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM
SAID POINT OF BEGINNING NORTH 55n3- 15" EAST
121.0 FEET TO A POINT HEREINAFTER DESIGNATED
AS POINT "A", WHICH POINT IS ALSO THE TRUE
POINT OF BEGINNING; THENCE FROM SAID POINT
"A" NORTH 55n3-15" EAST, 130 FEET.
ALSO FROM SAID POINT "A" SOUTH 23«25-45" EAST
TO THE SOUTH LINE OF THE ABOVE DESCRIBED PROPERTY.
5. EASEMENT, and incidents thereto.
In Favor of : SAN DIEGO GAS AND ELECTRIC COMPANY
Recorded, Official Records: JUNE 5, 1940
B oo k/Reel : 1031
Rage/Image : 385
Purpose : AERIAL AND UNDERGROUND PUBLIC UTILITIES AND
PURPOSES INCINDENTAL THERETO
Affects : THE ROUTE THEREOF ACROSS SAID LAND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE
OF SAID BLOCK 5 DISTANT THEREON 101 FEET NORTHEASTERLY
PAGE 4 6008526
Transajj|erica Title Insurance C^|pnpany
FROM THE NORTHEASTERLY RIGHT OF WAY LINE OF
THE CALIFORNIA STATE HIGHWAY; THENCE FROM SAID
POINT OF BEGINNING SOUTH 34«4iM5" EAST, A
DISTANCE OF 152 FEET.
6. AGREEMENT on the terms and canditions contained therein.
Purpose : LOT SPLIT IMPROVEMENT AGREEMENT
Dated : APRIL 29, 1967
E>:ecuted by: CHARLES R. EYMANN AND THE CITY OF CARLSBAD,
A MUNICIPAL CORPORATION
Recorded, Officiai Records: MAY 2, 1969
Series/Instrument No.: 77225
1. EASEMENT, and incidents thereto,
In Favor of : RICHARD I. JONES AND LILLIAN J. JONES
Recorded, Official Records: MAY 7, 1969
Series/Instrument No.: 79563
Purpose : ROAD AND PUBLIC UTILITIES AND APPURTENANCES
THERETO
Affects : A STRIP OF LAND 15 FEET IN WIDTH LYING WITHIN
BLOCK 5, OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO AMENDED MAP THEREOF NO, 775, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 15, 1894, THE NORTHEASTERLY
LINE OF SAID 15 FOOT STRIP BEING THE SOUTHWESTERLY
LINE OF THAT CERTAIN LAND, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE
OF SAID BLOCK 5, DISTANT THEREON 140 FEET NORTHEASTERLY
FROM THE MOST WESTERLY CORNER OF BLOCK 5; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE
60 FEET TO THE MOST NORTHERLY CORNER OF LAND
DESCRIBED IN DEED TO CHARLES R. EYMANN, ET
UX, RECORDED AUGUST 13, 1963, AS FILE NO. 142211,
THENCE SOUTHEASTERLY AL.ONG THE NORTHEASTERLY
LiNE OF SAID EYMANN^'::J LAND PARALLEL WITH THE
SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE
OF 120 FEET TG T"HE Mf'ST EASTERLY CORNER OF
SAID LAND; THEf-U:E S0liT!-ikiE3TERLY ALONG THE SOUTHEASTERLY
LINE QF SAJD EYMANN'3 LAND AND THE SOUTHWESTERLY
PROLGNGATIGN THEREOi-- PARALLEL WITH THE NORTHWESTERLY
LINE OF SAID BLOCK A DISTANCE OF 65 FEET
TO A LINE DRAWN FARALLEL tvITH AND 5 FEET SOUTHWESTERLY
MEASURED AT RIGHT ANG'.ES TO THE SOUTHWESTERLY
LINE 0- EYM^'NN^ S LAND; VHENCE NORTHWESTERLY
ALONG SAID PARALLEL LiiNE PARALLEL WITH THE
SOUTHWESTLRi./- LINE 0.-- '^AID BLGCK 5, A DISTANCE
OF i:,:0 FEE-T TC; -h-iL i^CRTHUE^^TERLY LINE OF SAiD
BLO::'^: 5; THENCE NCRT-irA3"ERLV ALONG SAiD NORTH-WESTERLY
LlNi: 5 FEET TO THE POINT OF BEGINNING.
SAID EASEME rr- ii\ \i>Hm'\Cb AND CCHVE-ED BY VARIOUS DEEDc
QF RECORD.
,008526
Transai|^rica Title Insurance C^pany
3- EASEMENT, and incidents thereto.
In Favor of : JEFFREY BLANKENSHIP
R^GCorded, Official Records: MAY 19, 1980
SJeri es/Instrument No,'. 30-163747
Purpose : ROAD AND PUBLIC UTILITIES AND APPURTENANCES
THERETO
Affects : ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN
THE CITY OF CARLSBAD, COUi^iTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP
THEREOF NO. 775, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
15, 1394, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID
BLOCK 5, THEr-'iCE NORTH 55«23='25" EAST 115.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 55*'23-25" EAST 20.00 FEET;
THENCE SOUTH 34«33-35" EAST 120.00 FEET; THENCE
SOUTH 55=* 23-'25" WEST 20.00 FEET; THENCE NORTH
34«33--35" WEST 120.00 FEET TO THE TRUE POINT
OF BEGINNING.
9. EASEMET'iT, and incidents thereto.
In Favor of : SAN DIEGO GAS S< ELECTRIC COMPANY
Recorded, Official Records: AUGUST 5, 1932
Ser i es/In str ument No.: 32-240300
Purpose : 1. POLES, WIRES, CABLES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF EL.ECTRICITY
2. COMMUNICATION FACILITIES, AND APPURTENANCES.
Affects : THE EASEMENT IN THE AFORESAID LANDS SHALL BE
12.00 FEET IN WIDTH, BEING6.00 FEET MEASURED
AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENCING AT THE MOST WESTERLY CORNER OF THE
LAND SURVEYED AND SHOWN ON RECORD OF SURVEY
MAP NO. 8648, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO, SAID
CORNER BEARS SOUTH 55" 18-39" WEST, 95.00 FEET
FROM THE MOST NORTHERLY CORNER THEREOF; THENCE
LEAVING SAID MOST WESTERLY CORNER SOUTH 60«'22^39"
EAST, 221.10 FEET TO THE TRUE POINT OF BEGINNING
OF THE CENTER LINE HEREIN DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING NORTH 2S«38-16"
WEST, 49.20 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNir^iG;
THENCE SOUTH 28«33^6" EAST, 2.00 FEET.
GRANTOR GRANTS TO GRANTEE THE RIGHT TO ERECT
AND MAINTAIN ON GRANTOR^S PROPERTY ADJACENT
TO THIS EASEMENT SUCH ANCHORAGE AS MAY BE NECESSARY
FOR GRANTEE"S PURPOSES.
PAGE 6 6003526
Transa^j^rica Title Insurance Cjjpnpany
10. EASEMENT, and incidents thereto,
In Favor of : SEAHORSE ir-'iVESTMENTS, ' A CALIFORNIA GEhiERAL
PARTNERSHIP
Recorded, Official Records: JULY 9, 1986
Ser i es/ I nst r ument No. : 86-.2S32961
Purpose : ir«iGRESS, EGRESS, RIGHT OF WAY AND UTILITIES
Affects : ALL THAT PORTION OF BEECH STREET ADJACENT TO
THE NORTHWESTERLY LINE OF BLOCK 5, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1394, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID
BLOCK 5; THENCE NORTH 55019-43" EAST 115.03
FEET ALONG BEECH STREET TO THE TRUE POINT OF
BEGINNIhiG.
THENCE CONTir^UING NORTH 55«19='4a" EAST, 20.00
FEET; THENCE SOUTHEASTERLY AND AT RIGHT ANGLES
WITH SAID BEECH STREET, 20.00 FEET; THEhiCE
SOUTHWESTERLY, PARALLEL, AND 20.00 FEET SOUTHERLY
OF THE BEECH STREET RIGHT OF WAY, 20.00 FEET;
THENCE NORTH 34*'40-12" WEST 20.00 FEET TO THE
TRUE POINT OF BEGINNING.
11. EASEMENT, and incidents thereto.
In Favor of : SAN DIEGO GAS S< ELECTRIC COMPANY
Recorded, Official Records: JUNE 21, 1988
Series/Instrument No.: 83-296533
Purpose : 1. UNDERGROUND FACILITIES AhiD APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
2. COMMUNICATION FACILITIES, AND APPPURTENANCES.
Affects : A STRIP OF LAND, INCLUDING ALL OF THE AREA
LYING BETWEEN THE EXTERIOR SIDELINES, WHICH
SIDELINES SHALL BE THREE (3) FEET, MEASURED
AT RIGHT AhiGLES, ON EACH EXTERIOR SIDE OF EACH
AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY
ON OR BEFORE JUNE 6, 1990.
12. THE REQUIREMENT THAT THE FOLLOWING INFORMATION BE SUBMITTED
TO THIS COMPANY FOR EXAMINATION BEFORE TITLE INSURANCE CAN
BE ISSUED.
1. A COMPLETE COPY OF THE ASSIGNNEr'iT OF OPTION AGREEMENT
DATED FEBRUARY 26, 1933 AND MADE R.EFERENCE TO I I'i MEhiORANDUM
THEREOF RECORDED MARCH 4, 1938 FILE/PAGE NO. SS-10i')40.
2. A COMPLETE COPY OF THE TRUST AGREEMENT DATiiiD JANUARY
26, 1931 AS DISCLOSED BY MEMORANDl.]rl OF ASSIGNMEN r OF- OPTION
AGREEMENT RECORDED MARCH 4, 1938 FJLE/PAGE 3 ?'io 1040.
IHAT THE INTEREST OF BLANKENSHIP -jl^.VELOPi'ltrNT A CALIFORNIA
F^ACTE 7 6008526
Transaij^rica Title Insurance C^pany
CORORATION HAS BEEN PROPERLY TRANSFERED AND/OR PASSED TQ
SUSAN J. BLANKENSHIP, SUCCESSOR TRUSTEE OF TRUST "A" UDT
JANUARY 26, 1931.
13. INTEREST OF THE SPOUSE, if any, who has or had a codimunity
interest because of marriage to:
Name: CF-^ARLES F. ROWE
14. INTEREST OF THE SPOUSE,
interest because of
Name: PETER J. LONGANBACH
if any, who has or had a commLinit
marriage to:
15. THE EFFECT of instruments, proceedings, liens, decrees
or other matters which do not specificaliy describe the property
but which may affect the title. The name search and report
cannot be completed until we receive a statement of identity
From: CHARLES F. ROWE
PAGE 3 6003526
_L<£fV\-frDl CHANGES CUT N
:»
IN V |X 1 i r CHANGES -4 'O 1 CHANGES 1 \
IM''
o r» '\ UJ 3. CHANGES a
6
^^' CHANGES K V.
SAN OIEGO^.««dHTY ASSESSOR'S MAP BK 203 fG 17 MAPPro fOB *SSfSSMFNT PURPOCfS ONIY
MAP 1661 - CARLSBAD LANDS - TCTS 96 & 98
MAP 775(3r 535) - TOWN OF CARLSBAD AMENDED - BLKS H. 5 & 10
PRELIMINARY REPORT
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1988
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) which arise by
reason of:
PARTI
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.
Proceedings by a public agency which may result in taxes or assessments, 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 be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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 dis-close, and which are not shown by the 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.
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 or zoning laws, ordinances, or regulations)
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 land; (iii) a separation in ownership or a change in the dimen-sions or area of the land or any parcel of which the land is or was a part; 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 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 or alleged 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) 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 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 forthe 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 state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim 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.
(Continued on Reverse Side)
EXHIBIT A (CONTINUED)
AMERICAN LAND TITLE ASSOCIATION OWNER S POLICY (6-1-87) AMENDED 10-21-87
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER S POUCY (6-1-87) AMENDED 10-21-87
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 character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; 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 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 or alleged 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 Dateof 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 arKi not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured urider 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) AMENDED 10-21-87
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
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 character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in ttie dimensions or
area of the land or any parcel of which the land is or was a part; 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 encumbrance resulting from a violation or alleged violation affecting the land has been recorded in ttie 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 or alleged violation affecting the land has been recorded in ttie 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 (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 to the extent insurance is afforded herein asto assessments
for street improvements under construction or completed at 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 Insured mortgage.
Form No. CA-AG-730 Rev. 8-1-88
PRELIMINARY REPORT 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, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising 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 the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you. but not to us, on the Policy Date—unless they appeared in the public records
• that result in no loss to you
• that first affect 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 described and referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
SCHEDULE B EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and 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 8 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 Covered Title Risks.
4. Any water rights, claims or title to water in or under the land.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
(AMENDED 10-17-70)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (incliiamg but not iimited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoyment of tne land, or regulating the character, dimensions or
location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction
in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in
the public records at Date of Policy
3. Defects, liens, encumbrances, adverse clainns, or other matters ia) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Compariy and nol shown by the public records but known to the insured claimant
either at Date of Policy or at the date such ciaimarit aca-.iired an estate or interest insured bv th;ji policy and not disclosed
in writing by the insured claimant to the Company oi io'' to the date such insured claimatit became an insured hereunder,
(c) resulting in no loss or damage to the ir'f.i.red c a.ir.ant; (d) attaching or created .subieciLen*^ to Date of Policy; or
(e) resulting in loss or damage which wou'd h.ave boon sustained if the insured claimant had paid value for the estate
or interest insured by this oolicy
Form No 730 7 Rev 5-1-88
Preliminary Report Supplement
EXHIBIT A (CONTINUED;
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L TA. EfJDORSEMENT FORM t COVERAGE
.AMENDED 10-17-70)
EXCLUSIONS FROM COVERAGE
"""he followirg matte's arn e>;pre;?s'>' axclJzUi'J i'orr the coverage of this policy:
1. Any law, cidiHOprtj or gc\/?'-.r,enta! ' igu'aticn (including but not limi^-od to buildi'ir and zooinc ordinances) rest'ictmg
or reguiatioy cr [ifohibitin;; rhe occjpa^: / use or enjoyment of the Sand, or rec;i.i'ating the ciaracter, dimensions c
cation ol jpy imoroyemen': oo r/ nereafte'' erected on the land, c prohibiting s ot.'paration in ownership or a reduction
.n the dirisnsion.s cr a-ea of thc ianc. or tpe effect of any violation of any such laordinance or governmental regulation.
2. Rights of eminer t donain c: c,: /ernmentj; rights of police power unless notiC'f- • the exercise of such rights appears ir
the public records at Date of P. cy
3. Defects liens, ancumbran: ,"3. adverse claims, or other matters (a) C''e: red. suffered, assumed or agreed to
by the insureo claimant: (b) r .': known tc the Company and not shown by thf, oublic records but known to the insured
ciairrdnt e'ther at Date of Policy or at the date such claimant acquired an esicte or interest insured by this policy or
acqiiire'ne insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such
injured c ,.=.imar,t became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching
or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for
labor or macerial or to the extent insurance is afforded herein as to assessments for street improvements under eonstrue-
tien or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any
subsequent owner of the indebtedness to compiy with applicable "doing business" laws of the state in which the land
is situated.
PETER J. LONGANBACH
ATTORNEY AT LAW
POST OFFICE BOX 8193
RANCHO SANTA FE, CAUFORNIA 92067
TELEPHONE (619) 756-42B4
September 6, 1988
Mr. Charles Grimm
Asst. Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: Parcel 2 (legal description attached)
Dear Mr. Grimm:
Pursuant to your request, please find enclosed the
following documents:
1. Option to Purchase dated May 29, 1980;
2. Assignment of Option dated February 26, 1988;
3. Memorandum of Assignment of Option Agreement recorded
March 4, 1988; and
4. Grant of Easement dated July 11, 1988.
If you have any questions regarding the documents,
don't hesitate to contact me.
Very truly yours.
PetLer J. Longanbach
End.
PJL:dj
i
U7a
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
PETER J. LONGANBACH
P. O. Box 8193
117150 Camino Acampo
Rancho Santa Fe, CA 92067
8# 1010^0
I VERAL.l-ViJ-, I
MEMORANDUM OF ASSIGNMENT OF OPTION AGREEMENT
This is to memorialize that ona>it1jary 2(:> . 1988, SUSAN J.
BLANKENSHIP, also known as SUSAN J\ BECKMAN, as Assignor, and
PETER J. LONGANBACH and CHARLES F. ROWE, as Assignee, entered into
that certain Assignment of Option Agreement, whereby Assignor
assigned to Assignee the option to purchase the real property
described on Exhibit "A" hereto pursuant to an Option Agreement
recorded as Instrument No. 80-187297, records of the San Diego
County Recorder, on the terms and subject to the conditions set
forth therein. Reference is made to that agreement for further
part icul ars.y, .
DATED: JaatTary Zip . 1988
"ASSIGNOR":
AN J>s.,BpaTKENSH:
also known as SUSANS. BECKMAN
Successor Trustee of Trust "A"
created UDT dated
January 26, 1981
"ASSIGNEE":
CHARLES F. ROWE
154AGMEM
1179
State of California
County of San Diego
)
) ss:
)
On February 11, 1988 ^ 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared SUSAN J.
BLANKENSHIP, personally know to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same.
(SealJ
WITNESS MY HAND AND OFFICIAL SEAL.
OFFICIAL SEAL t
„ , MARY K. MACKIN :
'^^^^^^ ''UBLIC-CALIFORNIA *
" - jy NOTARY BOND FILED IN *
SAN DIEGO COUNTY *
My Commission Expires August 20 1991 *
Notary
State of California
County of San Diego
)
) ss:
)
On February 26. 1988 ^ 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared PETER J.
LONGANBACH personally know to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same.
WITNESS MY HAND AND OFFICIAL SEAL..
(Seal)i
OFFICIAL SEAL
Vv_...,. '^'-^irtRY BOND FILED IN
SAN DIEGO COUNTY
State of California
County of San Diego
)
) ss
)
On February 26, 1988 ^ i988, before me, the undersigned, a
Notary Public in and for said State, personally appeared
CHARLES F. ROWE personally know to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is '
subscribed to the within instrument and acknowledged to me that he
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
OFFICIAL SEAL
i f%'-J ">!^ MARY K. iVlACKIN
>'QrARY PUGLIC-CALirOK^NIA
•y tiOlf^RY [iOMO FILED IN
Kliij^^V SAN DIECO COUNTY
Wy Commiisinn Expi-es Ai.'gust 20. 1991
*****H=* + .1:*.t****!)c***:jrt.*.^*M-:(c*.-)c#;f: ******
1180
w m
LEGAL DESCRIPTIOiN
PARCEL 2:
ALL THAT PORTION OF BLOCK 5 OF CARLSRAD. m THE CITY OF CARLSBAD, COLRN^TY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, FEERUARY 15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT TliE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55° 23' 25" EAST 115.00 FEET TO THE TRUE POLNT OF BEGINNING; THENCE CONTINUING
NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET.
THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25'' EAST 80.26';
THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" V/EST 200.10
FEET TO THE TRUE POINT OF BEGINT^ING.
ASSIGNMENT OF OPTION
THIS ASSIGNMENT ("Assignment") is made effective as of
, 1988, by SUSAN J. BLANKENSHIP also known as
SUSAN J. BECKMAN, Successor Trustee of Trust "A" created UDT dated
January 26, 1981, (hereinafter referred to as ("Assignor"), to
PETER J. LONGANBACH, an individual, and CHARLES F. ROWE INVESTMENT
CORPORATION, a California corporation (hereinafter collectively
referred to as "Assignee"), and is made with reference to the
following facts, which are a material part hereof:
RECITALS
A. On or about May 29, 1980, CHARLES R. EYMANN and ALICE MAY
EYMANN as Optionor granted an option (the "Option") to BLANKENSHIP
DEVELOPMENT CO., INC., a California corporation as Optionee, to
purchase real property located in the City of Carlsbad, County of
San Diego, State of California as per Exhibit "A" attached hereto
and made a part hereof.
B. The Option was assigned to SAN DIEGO TRUST AND SAVINGS
BANK, as Successor Trustee for Trust No. 138-6164, by Assignment
of Option dated October 8, 1984.
C. The Option was further assigned to SUSAN J. BLANKENSHIP,
Successor Trustee, by Assignment of Option, dated September 8,
1986.
D. Assignor desires to assign all her rights, title and
interest in said Option to Assignee.
E. Optionor has agreed to consent to the proposed assignment
on the conditions set forth in this agreement.
THEREFORE, it is agreed by and between the parties as follows:
TERMS AND CONDITIONS
1. Transfer.
In consideration of the sum of Thirty Thousand Dollars
($30,000.00) ("Purchase Price"), Assignor hereby grants, transfers
and assigns to Assignee all of Assignor's right, title and
interest in and to the Option. The Purchase Price shall be
payable as follows: Ten Thousand Dollars ($10,000.00) cash upon
execution of this agreement; and the balance pursuant to the terms
and conditions of a promissory note in the form and content of
Exhibit "B" hereto. Concurrently with the execution of this
agreemenf. Assign^ shall execute and deliver such note to
Assigned, kJ^
154AGASP M (l-^/l -1-
2. Further Consideration; Indemnification.
As further consideration for the transfer of the Option, as
described in Paragraph 1 above. Assignee agrees to indemnify and
hold Assignor harmless of and from any and all claims, demands,
actions, causes of action, of any kind or nature whatsoever,
arising out of or in any way relating to any claim to the Option
or to the property that is the subject of the Option that may be
asserted by that certain individual known as DAVID DOMINGUEZ.
3. Successors and Assiqns; Construction.
This Assignment applies to, inures to the benefit of and binds
all parties hereto, their heirs, legatees, devisees, administra-
tors, executors, successors and assigns. In this Assignment,
whenever the context so requires, the masculine gender includes
the feminine or neuter, and singular number includes the plural,
and conversely.
4. Approvals and Notices.
Any approval, disapproval, demand, document or other notice
("notice") which either party may desire to give to the other
party must be in writing and may be given by personal delivery or
by registered or certified mail, return receipt requested, to the
party to whom the notice is directed at the address of the party
set forth below, or at any other address as the parties may later
designate:
To Assignor: SUSAN J. BLANKENSHIP
3372 Donna Drive
Carlsbad, CA 92 008
To Optionor: CHARLES R. AND ALICE MAY EYMANN
To Assignee: PETER J. LONGANBACH
P. O. Box 8193
Rancho Santa Fe, CA 92067
To: CHARLES F. ROWE INVESTMENT
CORPORATION
P. 0. Box 14
Carlsbad, CA 92009
Attn: Charles F. Rowe
Any notice given under this paragraph, whether personally or
by mail, shall be deemed received only upon actual receipt by the
intended party.
154AGASP -2-
5. Severability.
In case any one or more of the provisions contained in this
Assignment shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity or unenforceability
shall not affect any other provision hereof, and this Assignment
shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
6. Reversion of Option,
In the event that Assignee fails to exercise the Option, the
right to exercise the Option shall automatically revert to
Assignor who shall have the right to exercise the Option within
the stated option period.
7. Acceptance of Assignment.
The undersigned hereby accepts the foregoing Assignment.
8. Consent to Assignment.
Optionor consents to the assignment and waives any and all
restrictions concerning further assignment.
ASSIGNOR:
S AN^O BLANKENS^I P, '"^I
SUSAN J. BECKMAN
Successor Trustee of Trust "A"
created UDT dated
January 26, 1981
ASSIGNEE:
ETER \J. LONGANSACH
CONSENT OF OPTIONOR;
CHARLES R. EYMA! KN
ALICE MAY E BlANN
CHARLES F. ROWE INVESTMENT
CORPORATION,
a California ^corporation
CHARLES F. ROWE,
President
154AGASP -3-
LEGAL DESCRIPTION
PARCEL 2:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD. IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT TliE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55° 23' 25" EAST 115.00 FEET TO THE TRUE POLNT OF BEGINNING; THENCE CONTINUING
NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET,
THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25" EAST 8o'.26';
THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" WEST 200.10
FEET TO THE TRUE POINT OF BEGINNING.
NON-NEGOTIABLE
PURCHASE MONEY PROMISSORY NOTE
Principal Sum: $20,000 Carlsbad, California
, 1988
1. Promise to Pay.
For value received, the undersigned ("Maker") promises to pay
to SUSAN J. BLANKENSHIP, also known as SUSAN J. BECKMAN, Successor
Trustee of Trust "A" created UDT dated January 26, 1981,
("Holder"), at 3372 Donna Drive, Carlsbad, California 92008, or
such other place as Holder may from time to time designate in
writing, the principal sum of Twenty Thousand Dollars
($20,000.00), with interest on the unpaid principal balance of
this Note at the rate of ten percent (10%) per annum.
2. Terms of Pavment.
Interest only will be payable quarterly, commencing on
April 1, 1988, and continuing on the first day of every July,
October, and January thereafter. On the third anniversary of the
date of this Note, the entire unpaid balance of this Note shall be
due and payable.
3. Default.
At the option of Holder, without notice, and regardless of any
prior forbearance, all sums remaining unpaid under this Note shall
become immediately due and payable upon the occurrence of a
default by Maker under this Note. The occurrence of any of the
following events shall constitute a default by Maker under this
Note: (a) Maker's failure to make any payment when due under the
terms of this Note; (b) the filing of a petition in bankruptcy by,
or the initiation of any proceeding under any bankruptcy or
insolvency law against the Maker; or (c) the making of a general
assignment for the benefit of creditors by Maker. All rights and
remedies of Holder provided for in this Note are cumulative and
shall be in addition to all other rights and remedies provided by
law or equity.
4. Prepayment.
Maker reserves the right to repay this Note at any time, in '
whole or in part, without penalty.
5. Costs and Attorneys' Fees.
If this Note is not paid when due, or any default described in
Paragraph 3 above shall occur, or any dispute arises regarding the
154LOPNT -1-
interpretation of this Note, Maker hereby promises to pay all
costs of collection, including, but not limited to, reasonable
attorneys' fees, incurred by Holder to enforce the terms and
conditions of this Note.
6. Successors; Joint and Several Liabilitv; Captions;
Miscellaneous.
The covenants and agreement contained in this Note shall bind,
and the rights under this Note shall benefit the respective
successors and assigns of Holder and Maker. Diligence, demand,
presentment, notice of dishonor, and protest are hereby waived by
all makers, sureties, guarantors and endorsers of this Note. This
Note shall be the joint and several obligation of all makers,
sureties, guarantors, and endorsers, and shall be binding upon
them and their heirs, personal representatives, successors and
assigns. The captions and headings of the paragraphs of this Note
are for convenience only and are not to be used to interpret or
define the provisions of this Note. This Note shall be governed
by and construed in accordance with the laws of the State of
California.
1• Severability.
If any provision or provisions of this Note are held to be
invalid, illegal or unenforceable in any respect, this Note shall
be construed as not containing such provision or provisions and
all other provisions under this Note shall remain in full force
and effect, and to this end the provisions of this Note are
declared to be severable.
8. Notices.
Any notice to Maker provided for in this Note shall be deemed
given when mailed by regular mail addressed to Maker at the
address stated below, or to such other address as may then appear
for Maker on the records of Holder. Any notice to Holder shall be
given by mailing such notice by certified mail, return receipt
requested, to Holder at the address stated in the first paragraph
of this Note, or at such other address as may have been designated
by written notice to Maker.
9. Purchase Money Note; Acceleration; Cancellation.
This Note represents a portion of the consideration paid by
Maker to Holder for the assignment by Holder to Maker of Holder's
rights to an option to purchase certain real property located in I
Carlsbad, California (the "Option").
Notwithstanding anything contained in this Note to the
contrary, the entire unpaid balance of this Note, including any
accrued and unpaid interest, shall be due and payable when Maker
exercises the Option. In the event Maker elects not to exercise
154LOPNT -2-
the Option and Holder exercises the Option pursuant to its rights
under the Assignment of Option, Holder shall immediately surrender
this Note to Maker and this Note shall be cancelled.
Address for Notice:
P. O. Box 8193
Rancho Santa Fe, CA 92067
PETER I LONGANBACH
Address for Notice:
P. 0. Box 14
Carlsbad, CA 92008
CHARLES F. ROWE INVESTMENT
CORPORATION,
a California corporation
CHARLES F. ROWE,
President
CHARLES F. RQsi:,
Individually
154LOPNT -3-
1110 JUL 0 9 1980
Recording requested by:
When recorded, mail to
JEFFRT^ BLAtlCTSHIP
P.O. Box 1307
Carlsbad, CA 92003
/)^c o yrf 0O/9 r/OA/ OPTION
80-187297
BOOK 1980 RECORDED REQUEST 06
mf\m TITLE ca
JUN 12 8:00 AM'80
OFRCiM: RECORDS SAN DiEGO COUNTY, CAUC yERAtLLTLfi>y
RECORDER/Vf^
THIS AGREEMENT, made this 29th day of May, 1980
1980, by and between BLANKENSHIP DEVELOPMENT CO., a California
Corporation, hereinafter referred to as "BLANKENSHIP", and
CHARLES R. EYMANN and ALICE MAY EYMANN, husband and wife, here-
inafter referred to as "EYMANNS".
RECITALS :
A. EYMANNS, as community property, own certain real pro-
perty situated in the City of Carlsbad, County of San Diego,
State of California, more particularly described in Exhibit "A"
which is attached hereto and hereby incorporated by reference.
B. BLANKENSHIP has examined such real property and, being
acquainted therewith, hereby desires to obtain from EYMANNS the
right, option and privilege to purchase the real property upon
the terms and conditions provided herein.
C. EYMANNS desire that Mr. Charles R. Eymann's brother,
JOHN EYMANN, have the right to reside on the property for the
remainder of his natural life, or for such time as he may desire
to reside on the property, should that be for a shorter period of
time.
- 1 -
nil
NOW, THEREFORE, the parties hereto agree as follows:
1. For and in consideration of the sum of One Hundred
Dollars ($100.00) paid by BLANKENSHIP to EYMANNS, receipt of
which is hereby acknowledged by EYMANNS, EYMANNS hereby grant to
BLANKENSHIP the right, option and privilege to purchase the real
property for a period of ninety (90) days commencing on the date
that EYMANNS notify BLANKENSHIP in writing that one of the
following events has occurred:
(a) That JOHN EYMANN has died; or
(b) That JOHN EYMANN has vacated the
property and does not intend to return.
2. The purchase price shall be the sum of Twenty Thousand
Dollars ($20,000.00), payable in cash. The parties agree to open
an escrow at a mutually acceptable escrow company and said escrow
shall run for a period not to exceed sixty (60) days. Escrow
shall be opened within ten (10) days of the date that BLANKENSHIP
notifies EYMANNS of its intent to exercise the option to purchase
herein. BLANKENSHIP's notification must take place in writing
within ninety (90) days of the date of notification by EYMANNS
that JOHN EYMANN has died or has vacated the property and does
not intend to return. I
3. Exercise of Option. In the event BLANKENSHIP desires
to exercise this option, BLANKENSHIP shall do so by giving
signed, written notice to EYMANNS on or before the expiration
date of the term of this option (ninety days from the notifica-
tion by EYMANNS of the date or vacation of the property by
JOHN EYMANN).
- 2 -
1112
4. This agreement shall inure to the benefit of both par-
ties, their heirs, executors, administrators or other personal
representatives of his estate, and this agreement and the obliga-
tions herein shall be binding on the principal parties and their
heirs, executors, administrators or other personal represen-
tatives of their estates.
5. If any legal action is brought for the enforcement of
this option, or because of .an alleged dispute, breach, default,
or misrepresentation in connection with any of the provisions of
this option, the successful or prevailing party or parties shall
be entitled to recover reasonable attorney's fees and other costs
incurred in that action or proceeding, in addition to any other
relief to which it or they may be entitled.
IN WITNESS WHEREOF, the parties hereto have executed this
option on the day and year first above written. - cn
.... *
BLANKENSHIP DEVELOPMENT Cpf^' c\'^V:f
A California Corporationc^"
ALICE YMAN
3 -
1113
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On , before me, the
undersigned, a Notary Public in and for said County and State, per-
sonally appeared JEFFREY BLANKENSHIP
known to me to be the President of the corporation that executed
the within Instrument, known to me to be the person who executed
the within Instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the within
instrument pursuant to its Bylaws or a resolution of its Board of
Directors.
OFFICIALr^.EAL
JAMES L. CLAiJGON (
NOTARY PUBLIC - CALIFORNIA ^
SAN DIEGO COUNTY \
My comm. expiras CCF 3, 1280 C
tary Public in and for said
County and State
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss
On , before me, the
undersigned, a Notary Public in and for said County and State, per-
sonally appeared CHARLES R. EYMANN and ALICE MAY EYMANN ,
known to me to be the persons who executed the within instrument,
and acknov/ledged to me that they executed the same.
OFFICIAL SEAL
JAMES L. CLAUSON
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires OCT 3, 1980
ry Public in a.n^ for said
County and State
- 4 _
1114 .'"^
LEGAL DESCRIPTION
PARCEL 1:
ALL THAT PORTION OF BLOGK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF
NO. 775. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5, THENCE NORTH
55° 23' 25" E 20.00 ALONG BEECH AVENUE TO THE TRUE POINT OF BEGINNING; THENCE
CONTIMUING NORTH 55° 23'.25" EAST 95.00 FEET; THENCE SOUTH 34° 33' 25" EAST
200.10 FEET; THENCE NORTH 55° 26' 58" EAST 100 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C. B. BRENNERMAN
TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, 1899 AND RECORDED IN BOOK 276,
PAGE 200; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND :
CONVEYED TO KNOWLES FOR A DISTANCE OF 200 FEET TO THE SOUTHEASTERLY LINE OF
SAID BLOCK 5; THENCE SOUTHWESTERLY ALONG SAID SOUTHESTERLY LINE 100 FEET;
THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 100 FEET;-
THENCE SOUTHWESTERLY 115 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY
LINE OF SAID BLOCK 5 WHICH IS 100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY
CORNER OF SAID BLOCK 5; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE
100 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE
20 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF CITY'OF CARLSBAD
LOT SPLIT MAP NUMBER 71 , RECORDED FEBRUARY 20, 1969 AS DOCUIvIENT NUMBER 3364;
THENCE NORTH 34° 33' 00" WEST 200.00 FEET TO THE TRUB POINT OF BEGINNING.
LEGAL DESCRIPTION
PARCEL 2:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH '
55° 23' 25" EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET.
THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25" EAST 80.26';
THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33* 25" WEST 200.10
FEET TO THE TRUE POINT OF BEGINNING.
1115
—aA5/5 OF BBARitiQS
BmriNB PRIVATE 8CAO^ UnLCTY BASB^BNTS/^ V)
r/4X iAss^s5o;?'s PARCELS
ASSESSOR'S PARCBL 2^^/7^-/9-
moSKYLlNBRO.
CARL9BADjQA.92oo8 729-0^7
ASSBSSOR'S PARCifL 2Pe>'P7Z'l3
JBFFRSy BLANKBNSHIP
RO.Box/307
CARLSaAI>^CA. 92ooa 424''I05I
WILUAM DAVID DOMlNeUBZ
2.755J£F^BRSON sr.
CARLSBAD^ CA, 92oo8 729-0936
CEDAR AVE.
LEGAL DESCRIPTION
A PORTION OF BLOCK ^ OP CARLSBAP^ /NT^BCITY
CFCARL^^AO, COUNT/ OFSAN DiBQO, STATB OF
CALIFOPNIA/ ACCORDiyJG TO AMBNDBD MAP TUBRBOF
NO. 775^ FILBO IN THB OFFICE OF TNE COUNTY
LEGEND
NEW PROPBRTY UNI
Ey^iSTINQ PROPBRTY UNS
EX.lSriNG STREET ^
ES/STING BUILPIMO
RECORDER OF SAID BAN DIEGO CCUNT/^ PEBRUARY (3^ (894 FOUND MONUMBNT
BASIS OF BEARINGS
VL LINE OF PARCEL i OF LOT SPUT MAF NO. 7/
I.E. N34'33'2e"W
ADJUSTMBNr PLAT- C/TV OP CAPLSBAD MO. ADJ 179
REQUESTED BV: . 7
(j( ^J-fREY BLANKBNSI^IP
\ P.O.BOX 1^7 434'i05l
PREPARED BY-
FRSPSRICK M
2f90CA<^'^B. aie^o.^cA,
'J3'0488
APPROVBD BY'-
OTY BNQINEER REG. NO,
5--^-g^CACT/A/(S)
DATE '"'y.O.
DRAWING REFERENCE NO. ^
sr/?5£^r___:
SEiVER
WATER
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
PETER J. LONGANBACH
P.O. Box 8193
17150 Camino Acampo
Rancho Santa Fe, CA 92 067
GRANT OF EASEMENT
CHARLES R. EYMANN (referred to hereinafter as "GRANTOR"), the
owner of certain real property described on Exhibit "A" hereto
("GRANTOR'S PROPERTY"), hereby grants to PETER J. LONGANBACH, an
individual, and CHARLES F. ROWE INVESTMENT CORPORATION, a
California corporation (collectively referred to hereinafter as
"GRANTEE"), its successors and assigns, an easement for the
following purposes:
1. PARKING EASEMENT
An easement for the construction, maintenance and exclusive
use of each and all of the parking spaces on GRANTOR'S PROPERTY,
which parking spaces shall be indicated by striping or shall be
otherwise marked.
GRANTEE'S rights to construct and maintain parking spaces
hereunder shall be effective immediately. Notwithstanding the
foregoing, no actual use of the easement for purposes of parking
shall be instituted by GRANTEE or its assigns unless and until the
Carlsbad Boulevard Hotel, located adjacent to GRANTOR'S property,
has received a Certificate of Occupancy.
2. EASEMENT FOR INGRESS AND EGRESS AND TRAFFIC CIRCULATION
A perpetual and nonexclusive easement for ingress and egress
over and upon the designated traffic circulation patterns as
established from time to time upon GRANTOR'S PROPERTY for the sole
purposes of vehicular and pedestrian ingress and egress and
traffic circulation to and throughout GRANTOR'S PROPERTY. '
3. DISCHARGE OF RIGHTS AND OBLIGATIONS
An easement over GRANTOR'S PROPERTY for the purpose of
permitting the GRANTEE and others to discharge their rights and
obligations as described in this Grant of Easement. GRANTEE and
its successors and assigns and agents and employees, shall have
154AGEAS -1-
the right of ingress to and egress from said easements and every
part thereof, at all times, for the purpose of exercising the
rights herein granted and shall have the right to remove such
growth as may endanger or interfere with the use of said
easement. Such rights shall be reasonably exercised and the
GRANTEE shall be liable to GRANTOR for any damage negligently done
by it to GRANTOR'S PROPERTY.
|4. SERVIENT ESTATE
Each easement granted or reserved pursuant to the provisions
hereof is expressly for the benefit of GRANTEE and the GRANTOR'S
PROPERTY shall be a servient estate and each such easement shall
run with the land and shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto. Said
easements are more fully described on Exhibit "B" attached hereto
and by this reference made a part hereof.
5. ASSIGNABILITY OF RIGHTS
GRANTEE shall have the right, but not the obligation, to
assign all or any portion of its rights under this Grant of
Easement to third parties, including, without limitation, the
owner of the land adjacent to the GRANTOR'S PROPERTY.
6. INDEMNIFICATION
GRANTEE shall indemnify, defend and hold GRANTOR harmless from
and against all claims, loss, liability, damage or expense
(including, without limitation, attorneys' fees) arising from or
relating to GRANTEE'S use of the easements and/or entry onto
GRANTOR'S PROPERTY.
IN WITNESS WHEREOF, the parties have executed this instrument
this // day of CfuU/ , 1988.
GRANTOR:
^HARLFS R. EYMANN/ CHARLES R. EYMANN
GRANTEE: ^
PETER^O LONGANBACl CH
L
CHARLES^F. ROWE INVESTMENT
CORPOiyi^rpN^ ,
a Caaifprni^^'fc^
By:
CHARLES F. ROWE,
President
154AGEAS -2-
LEGAL DESCRIPTIOiN
PARCEL 2:
ALL THAT PORTION OF BLCCK 5 OF CARLSE^D. IN THE CITY OF CARLSE^D, COUNTS'
OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED iMAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT TOE MOST WESTERLY CORNER OF SAID BLOCK 5; TOENCE NORTH
55° 23' 25" EAST 115.00 FEET TO TOE TRUE POLNT OF BEGINNING; TOENCE CONTINUING
NORTH 55° 23' 25" EAST 20.00 FEET; TOENCE SOUTH 34° 33' 25" EAST 120.00 FEET.
THENCE NORTH 55° 23' 25" EAST 135.00 FEET. TOENCE SOUTH 34° 33' 25" EAST 8o!26';
THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" WEST 200 10
FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
EASEMENTS
(To Be Attached)
state of California
County of
On / tU^uX^
)
) ss:
)
1988, before me, the undersigned, a
Notary Public in arid for said State, personally appeared
CHARLES R. EYMANN personally know to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public
(Seal)
state of California
County of S/l/^ ^i^0c^ )
) ss:
On /I 1988, before me, the undersigned, a
Notary Public in ahd for said State, personally appeared PETER J.
LONGANBACH personally know to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
?*****••**•*••*•••••••••**»**••»**•»
OFFICIAL SEAL
BARBARA j. THOMPSON
NOTARY PUBLIC-CALIFORNIA
NOTARY BOND FILED IN
SAN DIEGO COUNTY
My Commission Expires October 23 IS89
m Notary Publi
State of California
County of <^p97J^ie^<c)
)
) ss:
)
On _//_, 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared
CHARLES F. ROWE personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed the
within instrument as President and Secretary, on behalf of
CHARLES F. ROWE INVESTMENT CORPORATION, a California corporation,
the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
\ BARBARA J. THOMPSON
X feS^^ NOTARY PUBUC-CAL FORNIA
•
• • * *
NOTARY BOND FILED IN
SAN DIEGO COUNTY * • * *
Notary Public
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
June 10, 1988
Charles Rowe
California Builders
P.O. Box 142
Carlsbad, CA 92008
TELEPHONE
(619) 438-116
QlitQ of (UntlBbnh
PLANNING DEPARTMENT
Dear Mr. Rowe:
With reference to our letter of May 10, we need the information
on the attached list in order to complete your application
submittal.
Until this information is received your application cannot be
processed.
If you have any questions, please call me at 438-1161.
Sincerely,
MURRAY FULFORD '
Assistant Planner
MF/af
c: Chris Salomone
LIST OF ITEMS NEEDED
TO COMPLETE APPLICATION:
An amendment to an existing plan requires a complete submittal
for review. To make this submittal complete, please supply 15
copies of the following:
a) Site plan, including additional parking area.
b) Elevations, showing requested changes to window
treatments, and existing grade elevations.
c) Revised underground parking area with spaces marked.
To avoid a confusion of plans, please submit this material in a
complete plan set which includes revised floor plans.
Issues
1. Required Parkinq:
a) Original plan was approved with parking ratio of 1.2
spaces per room. (See attached).
b) New parking required as follows:
88 rooms @ 1.2:1 105.6
Commercial @ 1:300 sq. ft.
(9198.3 sq. ft.) 30.6
Total Required = 137
2. New Parkinq Lot:
a) Additional parking area to provide the required spaces
must be secured by a lease in perpetuity or an easement
that runs with the land.
b) It appears from plan that current owner cannot use his
garage, which makes the house non-conforming. Parking
area must allow clear access to the garage.
c) Parking spaces may not back into access driveway.
d) If additional parking area is for guests, it must be
integrated with existing parking and access to hotel,
and shown on plan. If it is for employees only,
signage must be included.
3. Elevations
Elevations should reflect changes to window treatment as
previously requested and approved.
RP 85-19(A) (Continued)
5. Enqineerinq Department
Show all revisions to drive and underground parking, per
conversation Dave Hauser/Charlie Rowe May 5.
Note:
Proposed amendment project, as well as approved project,
must conform to City standards regarding off-street parking
and building height requirements in order to qualify for a
Coastal Development Permit.
MF:af
-2-
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859 TELEPHONE
(619) 438-1161
(EttQ of (EarlHbaii
PLANNING DEPARTIVIENT
May 10, 1988
C. Rowe, President
Carlsbad Boulevard Hotel
General Partnership
P.O. Box 142
Carlsbad, CA 92008
The Planning Department of the City of Carlsbad has reviewed your
Amendment to Redevelopment Permit, application no. RP 85-19(A),
as to its completeness for processing.
The subject application is incomplete, as submitted. Attached is
a list of information which must be provided to complete your
application. You should be aware that no processing of your
application can occur until it is determined to be complete.
Please contact Murray Fulford, at (619) 438-1161, if you have
questions or wish to obtain additional information.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:MF/af
c: Charlie Grimm
Gary Wayne
Chris Salomone
Dave Hauser
LIST OF ITEMS NEEDED
TO COMPLETE APPLICATION;
An amendment to an existing plan requires a complete submittal
for review. To make this submittal complete, please supply 15
copies of the following:
a) Site plan, including additional parking area.
b) Elevations, showing requested changes to window
treatments, and existing grade elevations.
c) Revised underground parking area with spaces marked.
To avoid a confusion of plans, please submit this material in a
complete plan set which includes revised floor plans.
Issues
Required Parkinq:
a) Original plan was approved with parking ratio of 1.2
spaces per room. (See attached).
b) New parking required as follows:
88 rooms § 1.2:1 105.6
Commercial @ 1:300 sq. ft.
(9198.3 sq. ft.) 30.6
Total Required = 137
New Parkinq Lot:
a) Additional parking area to provide the required spaces
must be secured by a lease in perpetuity or an easement
that runs with the land.
b) It appears from plan that current owner cannot use his
garage, which makes the house non-conforming. Parking
area must allow clear access to the garage.
c) Parking spaces may not back into access driveway.
d) If additional parking area is for guests, it must be
integrated with existing parking and access to hotel,
and shown on plan. If it is for employees only,
signage must be included.
Elevations
Elevations should reflect changes to window treatment as
previously requested and approved.
RP 85-19(A) (Continued)
4. Heiqht
To show conformance with the City's building height limit,
the existinq grade must be shown on the building elevations.
(See attached excerpt from zoning code.) Please include on
plans cross-sections of building at highest and lowest
existing elevations to graphically show how building height
is measured
5. Enqineerinq Department
Show all revisions to drive and underground parking, per
conversation Dave Hauser/Charlie Rowe May 5.
Note:
Proposed amendment project, as well as approved project,
must conform to City standards regarding off-street parking
and building height requirements in order to qualify for a
Coastal Development Permit.
MF:af
-2-
SP.
ZONING SUMMARY
LOT SIZE
EXISTING ZONE
EXISTING G.P.
BUILDING HEIGHT
BUILDING COVERAGE
PAVING
LANDSCAPING
1.15 ACRES = 50,530 S.F.
C.T.
C.B.D. . '
35 V.
31,680 S.F. = 63%
1,240 S.F.^= 2.5%
17,433 S,F. = 34.5%
BUILDING AREAS
BASEMENT
LOBBY
RETAIL
HOTEL
ROOF SUN DECK
TOTAL
PARKING
RETAIL:
HOTEL :
TOTAL :
MINIMUM
9,620 S.F. @ 1 CAR/300 S.F.
70 ROOMS @ 1.2 CARS/ROOM
32 CARS
84 CARS
116 CARS
PROPOSED
36 CARS
84 CARS
120 CARS
Ml
2L04.056
engaged in the on-premises sale of alcoholic bev-
erages. The interior area shall include only those
portions of the establishment devoted to regular
use by the public;
(6) A minimum of twenty percent of the gross
floor area of the establishment shall be used
solely for food storage, preparation, mainte-
nance and storage of eating utensils, dishes and
glassware and shall inciude refrigeration, cook-
ing, warming and dishwashing equipment, and
any other equipment necessary for a fully
equipped restaurant kitchen;
(7) During the above specified minimum
hours for restaurant services, there shall be not
less than one employee per two hundred and fifty
square feet of floor area devoted to food service
use. Said employee or employees shall be on the
job during the specified minimum hours for the
restaurant service as described in subsection (2)
of this section.
The city council may waive the above require-
ments relating to hours, menus, alcoholic bev-
erage area, kitchen area, employees and
equipment if they find a proposed restaurant will
provide equivalencies, meets the other require-
ments of this section and will, in fact, be operated
as a bona fide restaurant.
Uses not specifically named in this section but
which are of substantially the same general type
and character and are within the intent and pur-
pose of this section may be permitted; provided,
however, that the burden of proving the same
shall rest with the person seeking to establish that
use. (Ord. 9527 § 2 (part), 1979)
21.04.057 Bowling alley.
"Bowling alley" means any structure in which
a ball or balls are rolled on a green or down an
alley or lane at any object or group of objects.
(Ord. 9527 § 2 (part), 1979)
21.04.060 Building.
"Building" means any structure having a roof,
including all forms of inhabitable vehicles even
though immobilized. Where this title requires, or
where special authority granted pursuant to this
title requires that a use shall be entirely enclosed
within a building, this definition shall be
qualified by adding "and enclosed on all sides."
(Ord. 9060 §211)
21.04.06|^^jiu!iniEii!
(a) The height of a building shail be measured
as follows:
(1) When the highest existing grade elevation
within a five-foot horizontal distance of the
building is equal to or less than ten feet above the
lowest existing grade elevation, then the building
height shall be measured from the highest exist-
ing grade elevation to the highest point of a flat
roof or the deck line of a mansard roof or to the
average height of the highest gable of a pitched or
hipped roof.
(2) When the highest existing grade elevation
within a five-foot horizontal distance of the
building is rtj^ii^^^^^^^^^^^l^^^t
existing gi^e eieil^t^^ the building height
shall be measured from a point ten feet above the
lowest existing grade elevation to the highest
point of a flat roof or the deck line of a mansard
roof or to the average height of the highest gable
of a pitched or hipped roof.
(b) "Existing grade" means the ground level
eievation which existed prior to any grading or
other site preparation related to, orto be incorpo-
rated into, a proposed new development or
alteration of existing developments unless a dis-
cretionary permit for such developments or
alterations is approved by the planning commis-
sion or city council. In that case, existing grade
shall mean the grade after the property is devel-
oped or improved in accordance with the grading
plans for the approved discretionary permit. In
cases where retaining walls, fill or other grading
are utilized to create finished grade higher in
elevation than existing grade as defined above,
then existing grade shall be used in the determin-
ation of building height. (Ord. 9667, 1983: Ord.
9498 § I, 1978: Ord. 9141 § I: Ord. 9060 § 212)
545
HOUSING AND REDEVELOPMENT
APRIL 1, 1987
CALIFORNIA BUILDERS
2910 JEFFERSON ST.
SUITE 202
CARLSBAD, CA 92008
Citp of Carlibab
REDEVELOPMENT OFFICE
2965 Roosevelt Street
Suite B
Carlsbad, CA 92008
(619) 438-5593
RE: COASTAL PERMIT APPROVAL
RP 85-19
Dear Mr. Rowe:
Per our conversation of April 1, 1987, this is to confirm
that a Coastal permit will be made available upon issuance of
building permits for RP 85-19.
If there are any further questions, please do not hesitate to
call.
Sincerely,
CHRIS SALOMONE
Community Redevelopment Manager
CS:al
PETER J. LONGANBACH
ATTORNEY AT LAW
POST OFFICE BOX 8193
RANCHO SANTA FE. CALIFORNIA 92067
TELEPHONE (619) 756-4284
September 28, 1988
Mr. Ron Ball
Asst. City Attorney
City Attorney's Office
City of Carlsbad
12 0 0 Elm Avenue
Carlsbad, CA 92008
RE: Parcel 2 - Carlsbad Boulevard Hotel
Dear Mr. Ball:
This letter will confirm our conversation wherein I
informed you that the condition of the option dated
May 29, 1980 has occurred. Mr. John Eymann .is deceased.
I will send you a copy of the death certificate as
soon as I receive it.
Pursuant to the terms of the option, Mr. Charles Rowe
and myself will exercise the option to purchase the
property.
Pursuant to your request, I am sending a copy of this
letter to Adrienne Landers so that the hearing on October
5, 1988 can go forward as scheduled.
hank you for your courtesy and cooperation.
yours,
Longanbach
PJL:dj
cc: Adrienne Landers
-7,
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
VINCENT F. BIONDO, JR. (619) 434-2891
CITY ATTORNEY
RONALD R. BALL
ASSISTANT CITY ATTORNEY
September 19, 1988
Peter J. Longanbach
Attorney at Law
P. O. Box 8193
Rancho Santa Fe, California 92067
RE: PARCEL 2 - CARLSBAD BOULEVARD HOTEL
Dear Mr. Longanbach:
Thank you for your letters of September 6, 1988 and September 15,
1988 enclosing, among other things, the grant of easement and title
report to the above referenced parcel. The preliminary title
report dated August 21, 1987 should be brought current showing
title vested in your client as of the date of approval of the
proposed permit. The agreement dated May 29, 1980 between
Blankenship Development Company and Charles R. Eymann and Alice May
Eymann, husband and wife, should be eliminated. The community
interest of the spouse of the vestee of Charles R. Eymann should
be quit claimed. You must plot the easements existing over parcel
2 including the easement in favor of Sea Horse Investments, a
California general partnership recorded July 9, 1986.
The parking easement should indicate the number and location of all
parking spaces. In that regard, there was no Exhibit "B" attached
to the grant of easement. You must delete paragraph 5
Assignability of Riqhts from the easement deed. The City desires
the parking spaces to benefit parcel 1 and no one else. You may
assign the excess parking rights if you wish.
Should you have any questions regarding the above, please do not
hesitate to contact me.
Vei;y->$ruly yours.
RONALD R. BALL
Assistant City Attorney
rmh
c: Assistant Planning Director'
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
(EttQ 0f (Earlabad
PLANNING DEPARTMENT
EPHONE
438-1161
June 10, 1988
Charles Rowe
California Builders
P.O. Box 142
Carlsbad, CA 92008
Dear Mr. Rowe:
With reference to our letter of May 10, we need the information
on the attached list in order to complete your application
submittal.
Until this information is received your application cannot be
processed.
If you have any questions, please call me at 438-1161.
Sincerely,
MURRAY FULFORD
Assistant Planner
MF/af
c: Chris Salomone
-2-
MEMORANDUM
DATE: MARCH 5, 1986
TO: DESIGN REVIEW BOARD
FROM: EJrfiCNinm DEPARTMENT
SUBJECT;! RP ^5-zV^- CALIFORNIA BUILDERS - Request for approval of
\t-HP€Qevelopment permit to construct a 70 unit hotel
complex above a commercial area with underground parking
at the southeast corner of Carlsbad Boulevard and Beech
Street in Sub-area 5 of the V-R zone.
Prior to issuance of tJie building permit, developer shall
redesign the truck loading bay to conform to the requirements of
the City Engineer. Should the design require the utilization of
the adjacent property, the developer shall secure the appropriate
easements to the satisfaction of the City Engineer.
AML:ad
3/5/86
LOADtNG ACCESS RP as-19
PROPOSED
ACCESS
LOADING
EXISTING
WAY.
FOR
TRUCK'
USING
DRIVE 7
PROPOSED^
DRWEWAt
I
Et.
---Mr
PROPOSED
BUILDING
SIOEWAIK
37
CARISBAD BLVD.