HomeMy WebLinkAboutRP 94-03; Carlsbad Mineral Springs Spa; Redevelopment Permits (RP) (10)PROOF OF PUBUCATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff. Vista and Carlsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of Califomia,
underthe date of June 30.1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
January 20, 1995
I certify (or declare) under penalty of perjury that the
foregoing is tnje and correct.
Dated at Oceanside.Califomia, this 20 dav
of January, 1995
Signature /^^^^y^^^^
BLADE-CITIZEN
Legal Advertising
1722 South HIII Street
P.O. Box 90
Oceanside. CA 92054
(619)433-7333
This space is for the County Clerk's Rling Stamp
Proof of Publication of
Public Hearing
NOTICEOF PUBUC HEARN^
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bo avoilaUo on mA<tllm •Mntwy », IMS. If you Jjiwriny quosttont.ploaM.oMMir^^ at (616) 436-1161. oxL 4a». If you choiUnfle ttw Nogiiv DodowKlonflRodowolopmont Por-mK/C<^Mj^ri«mi#|g^
Legal 41314 January 20.1886
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE
CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION
FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
RP 9^ '/^3/c^/'99'^^3
APPLICANT OR
RECEIVED BY
DATE
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall. Fallbrook.
Leucadia, Encinitas, Cardiff, Vista and Carlsbad. County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of Califomia,
underthe date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
July 6, 1994
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside.Califomia, this
of July, 1994
.£_day
SignatuFe
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054
(619) 433-7333
This space is forfi^ t^ptlty Clerk's Rling Stamp
Proof of Publication of
Negative Declaration
; 1 ^ -
NGOATIVE OECLARATIOH
ECT AOORESt/LOCATIOri: The aeuttieaiK Obnwr of . _ . iM Boutm^ and CManaan Wfy, CMy d Cariabad,
roO^^^S8ft1^Aii»)r Red«^4iopfWntPennK and CoaiW Daiilut)iiia(l»l%iMi« to aUow ttw fmilruiAm md op-eratton of a %(mmim» fa^Mln«ral toiwtt afia, o«llce and residenaal apirtMfofian pragraSfdlilB in ttw VMaoa RedewalopnMfitAnM.
The C% of Carlrtiad fwa oonduotiMi an an«iiQnrnerM review of ttw above deacriwd prgaCl r ~ ' " piementatton of ttwCaMarnlft EnvtoormMW piolKaon<Mlnanoa a roMlt ofiiit'favliar, a Najivepedaraiorf ttwt the pretacl WM nfltniw vpgnlRQaht impaolon ttw ew^ronrtieii-tal) S hewibif^lt^jjttrlw ttw iM^iy^ JuattlteaMon «w tttia action ic on IN inna^tannlr^^ A ony of thaNataMwiMBlaral^ on flie in th« Plw#« Department, 20mLaa Palmae Prive, Carisbad, CattWgiWj^WW. Commenta%om ttw public are invited. PieaaO MbmR oommanli In writing to ttw THanrttrw Oa-parttnent wittdn|Odaya of laauanoa. If youlwva any qua^bna, piewe ctH tm Qdm m ttw Pianning Depaimiant Sl (bW488-1161,extansi«i4468. /8/Qary 8. yVbynalarMichaaiJ. HoizmMer, fttgOlvclor DATED: ijLV«. 1984 CASE NO: RP 8M9CDP 8404 CASE NAiyiE: &mMM3 MINERAL SPRINOS SPA
1^39918 July 6.1994
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF GALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of Califomia,
underthe date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
July 6, 1994
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside.Califomia. this dav of , ^
Jnly, 1994 •
^-/arjfS.,^^
SignatuF^;;^ ^
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054
(619) 433-7333
This space is for the County Clerk's Rling Stamp
Proof of Publication of
Negative Declaration
7— Hifi^A^ 7 /- '/W
City of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: The southeast comer of Carlsbad Boulevard and
Christiansen Way, City of Carlsbad, County of San
Diego.
PROJECT DESCRIFTION: A Major Redevelopment Permit" and Coastal Development
Permit to allow the construction and operation of a 3,500
square foot mineral springs spa, office and residential
apartment on an infill, pregraded site in the Village
Redevelopment Area.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Mike Grim in the
Planning Department at (619) 438-1161, extension 4499.
DATED:
CASE NO:
CASE NAME:
JULY 6, 1994
RP 94-03/CDP 94-04 /T^ Plani}ifig Director
CARLSBAD MINERAL SPRINGS SPA
PUBLISH DATE: JULY 6, 1994
MG:vd
2075 Las Palnnas Drive • Carlsbad, California 92009-1576 • (619)438-1161
PRQJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Oorlsloacl M'lhe^ra.l 'J^nt^qs-
APPUCANT NAME; LuJi/li< Qrignt^J- ^ Cjnri.r tiaA^^^^
Please describe fully the proposed project. Include any details necessary to adequate /
explain the scope and/or operation of the proposed project. You may also include any
background Information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
DeSCrlption/Explanation.'Tlnij tu^meSi uu.ll uSk. "tU-s- ktA:cr-,^l r^'m^rai wil^t-
Jor ^,.er./ UL a^d tU .LLr, /cr LoUl,^ '^^^ t^/-.
V^/77^Z^r/. ^^^.fA/^f-
/-0pa/r<^/:^ ^/^<^ ,/y // / // • /
/ . / / ^^-^riVi^^ /i/ 7^<^ ^c>/^^^' '
fr* <r™' rf*^ n <%
APR 0 8 1994
Rav. 4/91 • ProjOatcfrm
Citv of Carlsbad
Piannin
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OFTHE CPTY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMnTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
\^}^i yA< Qnaarcisf 2fl'72 Rorlna.jLr r:rcler.^ Onr/yma^r^
2. Owner
List the narries and addresses of all persons having any ownership interest in the property involved.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
_ ^\rc
LqHi/i(< 4^ \/<rronica h^ignra^ HR7r.
tf any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-proftt organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161
Olsciosure Statement
fOverj «
Page 2
Have you had more than $250 worth of business transacted with any member of City staff. Boarcs
Commissions. Committees and Council within the past twelve months?
Yes No If yes, please indicate person(s)
Person is defined M: 'Any individual, firm, copartnership, jointventure. association, social club, fraternal organization, corporation, estate Vust.
receiver, syndicate, thie and any other county, crty and county, city municipality, distnct or other poirtical subdivision, or any other group or
combination acting as a unrt'
necessary.)
y?^'^i
Print or type rwme of owner Print or type name of applicant
FRM00013 8/90
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, Califomia 92108
Issuing Policies of
Commonwealth.
Land Title Insurance Company
Christiansen Real Estate
2802 Carlsbad Boulevard
Carlsbad, California 92008
Attn: Kay
Your Ref: Christiansen
Our No: 963991-3
Title Officer:
Paula O^ryant (619) 686-2161
AMENDED PRELIMINARY REPORT
Dated as of February 18, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Conunonwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
LP-10
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcels 1, 2A, 2B, 3 and 4;
THE EASEMENT more particularly described as Parcel 2C
Title to said estate or interest at the date hereof is vested in:
Catheryn F. Christiansen,
Trustee of the Catheryn Christiansen Trust dated April 29, 1982
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 3
EXHIBIT "I"
Parcel 1:
The Northwesterly 60 feet of Block 10 of Town of Carlsbad, in the County of San Diego,
State of Califomia, according to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County, Febmary 2, 1887.
EXCEPTING therefrom the Northeasterly 311 feet thereof.
Parcel 2A:
The Northeasterly 85 feet of the Southwesterly 214 feet of Block 10 of Carlsbad, in the
City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No.
365, filed in the Office of the County Recorder of San Diego County, February 2, 1887.
EXCEPTING THEREFROM the Northwesterly 60 feet thereof.
Parcel 2B:
The Northeasterly 56 feet of the Southwesterly 270 feet of Block 10 of Carlsbad, in the
City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No.
365, filed in the Office of the County Recorder of San Diego County, February 2, 1887.
EXCEPTING THEREFROM the Northwesterly 60 thereof and also EXCEPTING the
Southeasterly 90 feet thereof.
Parcel 2C:
An easement and right of way for ingress and egress for driveway purposes over the
Southeasterly 90 feet of the Northeasterly 6 feet of the Southwesterly 220 feet of Block 10
of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, according
to Map thereof No. 365, filed in the Office of the County Recorder of San Diego County,
February 2, 1887.
Parcel 3:
Block 10 of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia,
according to Map thereof No. 365, filed in the Office of the County Recorder of San Diego
County, Febmary 2, 1887;
EXCEPTING THEREFROM the Northwesterly 60 feet thereof; and ALSO
EXCEPTING therefrom the Northeasteriy 60 feet thereof; and ALSO
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 4
EXCEPTING therefrom the Southwesterly 300 feet, measured along the Southeasterly lme
of said Block.
Parcel 4:
That portion of Block Five of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego
County, Febmary 15, 1894, more particularly described as follows:
Commencing at the most Southerly comer of Block Five, which is the intersection of the
Northerly line of Cedar Avenue and the Easterly line of Lincoln Street, mnning thence in
a Northeasterly direction along the Northerly line of Cedar Avenue 115 feet to a point;
thence in a Northwesterly direction at right angles to the said Northerly line of Cedar
Avenue 100 feet to a point; thence in a Southwesterly direction and parallel with the
Northerly line of Cedar Avenue 115 feet to a pomt in the Easterly line of Lincoln Street;
thence in a Southeasterly direction along the Easterly line of Lincohi Street 100 feet to the
point of commencement.
EXCEPTING THEREFROM that certain Westerly 10 feet abutting the said Easteriy line of
Lincoln Street as conveyed to the Division of Califomia State Highways.
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 5
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,307.50
First Installment: 653.75 Paid
Second Installment: 1,307.50 Not Paid
Penalty: 75.38
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-01
Affects Parcel 1
B. General and special taxes, includmg any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $697.40
First Instalhnent: 348.70 Paid
Second InstaUment: 348.70 Not Paid
Penalty: 44.87
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-05
Affects Parcel 3
C. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $795.92
First InstaUment: 397.96 Paid
Second InstaUment: 397.96 Not Paid
Penalty: 49.80
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 6
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-08
Affects Parcels 2A and 2B
D. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $301.68
First InstaUment: 150.84 pd
Second InstaUment: 150.84 Not Paid
Penalty: 25.08
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-172-14
Affects: Portion of Parcel 4
E. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $335.36
First InstaUment: 167.68 Paid
Second InstaUment: 167.68 Not Paid
Penalty: 26.77
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-172-15
Affects: Portion of Parcel 4
F. The Uen of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of Califomia.
1. The recital contained in the owner's certificate on the map of said tract, which
agrees to aUow the cross-arms of poles or other simUar stmctures placed along the right of
way or certain highways on said map to overhang the abutting property.
2. An easement for the purpose shown below and rights incidental thereto as set forth
in document
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 7
Granted to:
Purpose:
Recorded:
Affects:
the State of Califomia
pubUc highway
May 8, 1934 in Book 291, Page 273 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects Parcel 1
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
State of Califomia
pubUc highway
AprU 25, 1934 in Book 297, Page 22, of Official Records
Portions of the herein described land, the exact location of which can
be detennined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
4. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Puipose:
Recorded:
Affects:
State of Califomia
pubUc highway
June 1, 1934 in Book 297, Page 265, of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
5. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 30, 1939 in Book 934, Page 201, of Official Records
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 8
Affects: Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
6. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 30, 1939 in Book 934 Page 232, of Official Records
Portions of the herein described land, the exact location of which can
be detennined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
7. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor:
Purpose:
Recorded:
Affects:
EmU W. Tobler and Edith LUlian Tobler, husband and wife
for the use of the existing sewer
December 11, 1945 in Book 1996, Page 82 of Official Records
The exact location and extent of said easement is not disclosed of
record.
Affects Parcel 2A
8. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor:
Purpose:
Recorded:
Affects:
EmU W. Tobler and Edith L. Tobler, husband and wife
for existing sewer with right to make reasonable connection
September 1, 1950 in Book 3761, Page 397 of Official Records
The exact location and extent of said easement is not disclosed of
record.
9. An easement for the puipose shown below and rights incidental thereto as reserved
in a document.
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 9
Grantor:
Purpose:
Recorded:
Affects:
Affects Parcel 2A
EmU W. Tobler and Edith L. Tobler, husband and wife as joint tenants
for ingress and egress for driveway purposes
June 2, 1953 as FUe No. 75426 of Official Records
the Southeasterly 90 feet of the Northeasterly 6 feet of the
Southwesterly 214 feet of said Block 10
Said easement has been granted and reserved in various deeds of record.
10. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Puipose:
Recorded:
Affects:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
July 30, 1964 as FUe No. 137372 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
11. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 5, 1982 as FUe No. 82-240302, of Official Records
The easement in the aforesaid lands shaU be 12.00 feet in width, being
6.00 feet measured at right angles on each side of the foUowing
described center Une:
Commencing at the most Westerly comer of the land surveyed and
shown on Record of Survey Map No. 8648, fUed in the Office of the
County Recorder of San Diego County, said comer bears South 55°
18' 39" West, 95.00 feet from the most Northerly comer thereof;
thence leaving said most Westerly comer South 52° 03' 43" East,
315.60 feet; thence North 24° 25' 37" West, 15.00 feet to the Tme
Point of Beginning of the center line herein described; thence from said
Tme Point of Beginning retracing South 24° 25' 37" East, 128.96 feet
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 10
Affects: Parcel 4
12. An unrecorded lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Lessor: Catheryn F. Christiansen Tmst, agreement signed and dated AprU 29,
1982
Lessee: T.I.O. Ltd., a Califomia Limited Partnership and T.I.L. Ltd., a
California Limited Partnership
Term: for a term of forty-nine (49) years
Disclosed by: memorandum of lease, recorded May 31, 1988 as FUe No. 88-254946
of Official Records
The present ownership of said leasehold and other matters affecting the interest of the lessee
are not shown herein.
13. An unrecorded lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Type of Lease: not shown
Dated: not shown
Lessor: Kay F. Christiansen
Lessee: Gloria J. Vanderlaan
Term: not disclosed
Disclosed by: notice of nonresponsibiUty, recorded August 13, 1991 as File No.
1991-0412926, of Official Records
The present ownership of said leasehold and other matters affecting the interest of the lessee
are not shown herein.
14. The effect of an easement for ingress and egress for driveway purposes over the
Southwesterly 90 feet of the Northeasterly 6 feet of the Southwesterly 220 feet of said
Block 10 set forth in Exhibit "A", Parcel 4A of Deed of Tmst recorded August 23, 1990 as
FUe No. 90-461687 of Official Records.
15. In coimection with the tmst hereinafter referred to, this Company wiU require the
foUowing items be submitted for review prior to closing:
(a) A Certification of Tmst in the form of an acknowledged declaration signed by aU
currently acting Tmstees, containing the information specified in the attached form.
Reference: Catheryn Christiansen Tmst dated April 29, 1982
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 11
16. Any invaUdity or defect in the title of the Vestees in the event such tmst is invaUd
or faUs to confer sufficient powers in the tmstees or in the event there is lack of compUance
with the terms and provisions of the tmst instmment.
17. This report is incomplete as to the effect of documents, proceedings, Uens, decrees
or other matters which do not specificaUy describe said land, but which, if any do exist,
may affect the title or impose Uens or encumbrances thereon.
This Company wiU require statement(s) of information, including a declaration of marital
status, from the party shown below, in order to complete this report.
This Company wiU also require that the spouse(s), if any, of the vestee(s) and/or
purchaser(s) either:
(a) Join in the execution of any instmments conveying or encumbering said real
property; or
(b) Deed any possible interest in and to said land.
Party: Catheryn F. Christiansen
18. Rights of parties in possession of said land.
19. Matters which may be disclosed by an inspection or by a survey of said land that is
satisfactory to this Company, or by inquiry of the parties in possession thereof.
An inspection of said land has been ordered; upon its completion we wiU advise you of our
findings.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 12
Note No. 1: The foUowing information wiU be included in said CLTA Indorsement 116:
There is located on said land: a single famUy residence
known as: 2802 Carlsbad Boulevard, Carlsbad, CaUfomia as to Parcel 1; and
unimproved property as to Parcels 2A, 2B, 3 and 4
Note No. 2: The only conveyances affecting said land recorded within six (6) months of
the date of this report are as foUows: None.
Note No. 3: AS OF JANUARY 1, 1990, CHAPTER 598, CAUFORNIA STATUTES OF
1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABIUTY
UPON DEPOSIT.
CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIHED CHECKS MAY BE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF
FUNDS ON THIS ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONHRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABIUTY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNIONBANK
530 "B" STREET
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 4: THIS COMPANY DOES REQUIRE CURRENT BENEHCIARY
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements will be as foUows:
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 13
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold wiU be in addition to the verbal
hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we wiU either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 5: Requirement that this Company be fumished with a copy of any supplemental
tax biUs now in existence which are not reflected on this report.
Note No. 6: If taxes are posted paid less than 45 days, the Company wiU hold the tax
amount plus delinquency amount untU 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the canceUed check can be provided to us, this
requirement can be waived.
Note No. 7: If any deed of tmst in favor of "Private Parties" is to be omitted from our
poUcy of title insurance, we wiU require that the original note, deed of tmst and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
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EXHIBIT "A"
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
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 govemmental 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 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 govemmental 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 govemmental 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 of 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) resuhing in loss or damage which would not have been sustained if the insured claimant had paid value for the 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 land is based
upon usury or any consumer credit protection or tmth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
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:
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 disclose, 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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17 92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or govemmental 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 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 govemmental 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 govemmental 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 of the insured claimant became an insured under this policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor.
Form 2210-6 (Rev. 8-93) (Continued on back)