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HomeMy WebLinkAboutV 336; RAYMOND, KENNETH N.; Variance (V)Ill REQUEST -1 D Zone d1a...D.ge 0 General Plan Amendment 0 Tentative Tract Jvf..ap D Planned Unit Development · 0 Major Condominium Permit D Minor Condominium Penni t CJMaster Plan .0 Major Condard.niurn :Conversion : : D Precise Developnent Plan I 0 SJ?eCific Plan D Site Developrrent Plan D Conditional Use Fermi t ).t.variance D Planning canm:ission Detenninati.on 0 S.J?eCial Use Pe....11£1it Complete Description of project (attach additional sheets if necessary) ....... -. . . . . . . . . . . . . ... Co Ns.ftvc...::o;o t\I o s::· ·A ·.s:rvc..c_Q_lA.JA.Ll-.G.D ?-oue-I:'/A~b 3::'\\J F\?o\\l\ '-{ A,<::.n D F · &:P..'.eJ;-.C-Gl.\-i'(.Y-r-s. · sr\\JG L£. .Ef':M..LL '{ J?::t:t:S ~--.µ e1~_E_-1 AT A-· HE:r::G-\-lT DF ~r>< FEET w.rn;.r.+="N TlJc(VT'(_.FEt'r" K.OM ·c.ufc:...'B Location of Project :J.fi54-. LE\11\N"TE.. ST:. Zone C..eneral Plan Existing IaDd Use r<. -I --7~ oo ~ -L.'VV\ · S ~D · Profc>sea. Zone Proposed General. Plan tJ A. 1\1 A site:7;gAc. ~ t--~-.,,..___,~Ow_m_0_~r~~-.--~~~~~~~~~....-.-~~~=-A-':""'"_l_i._can_·_t~· ~-.- r &'116 (Print or 'Iyl?2) Name (Print or 'fyJ?e) Ke.N NETH N. l<-A··fr·10f'11> Mailing Address Teleohone 4£".;1.. -I 0 :Z..O C,Af2.LSBA-~ C..A • ?j"}<>o?f (~-5 ) · I CERTIFY T'.d..:\T I k'vl TI.:fR LEGAL OWNER AND 'IH.il.T ALL THE ?-.BOVE INFOP..MATION. IS T.r\UE AND CORRECT 'ID 'IF.E BEST OF MY KNO'WI..:EIXIB DATE SAKE A~ ow t:J C::f?-. l ~..ailing Address 1. · SAM£ AS aw·Ne.~ ______j city and state. "Zip Telep~one I .SAK£ ,A-'S owt-->E~ ' I CERTIFY THAT I A?vi THE OWNER 1 S REPRESENTI'i!"E Ai.'ID THAT AIL 'IHE AP/:NE INFOR."I'.~TION IS TRUE AND CORRECT 'IO 'IHE BEST OF .MY fil.."'OWLECGE SIGNA'IURE DATE ·\ CLTA -1973 ~-·-· . . .. ; ... :.._..... . . ... ~ ~~ ~ SP~ECO POLICY OF TITLE INSURANCE STANDARD COVERAGE SAFECO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF, SAF.ECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender on'ly: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction-evidenced by the insured mortgage and is based upon a. usury, o.r b. any consumer credit protection or truth in lending law; 6. Priority of any.lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assign- ment is shown in Schedule B. </r~~n Secretary • ...... :_ ;'.' ~ ~' > ' President 1 e CONDITIONS AND s11 Pu LAT! Is 1. Definition of Terms The following terms when used in this policy mean: or any part of the estate or interest pursuant to a contract of insurance or guaranty in- suring or guaranteeing the inbedtedness secured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A: failure and then only to the extent of such prejudice. . (c) The· Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to 1he estate or interest or the lien of the insured mortgage, as insured; and the Company n:ay take any appropriate action. whether or 1t shall be liable under the terms of this policy, and shall not thereby concede (ii) the amount of the unpaid principal of liability or waive any provision of this policy. (a) "insured": the insured named in Schedule A. and, subject to any rights or defense the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase in- cluding, but not limited to, heirs. distribu- tees, devisees, survivors, personal repre- sentatives, next of kin, or corporate or fidu· ciary successor. The term "insured" also in- cludes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebted· ness (reserving, however, all rights and de- fenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any governmenrnl agency or instrumentality which is an in· surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2(a) of these Conditions and Stipulations. the indebtedness plus interest thereon as determined under paragraph 6(a) (iii) h~re-(d) Whenever the Company shall have of, expenses of foreclosure and amounts brought any action or interposed a defense advanced to protect the lien of the insured as required or permitted by the provisions , mortgage and secured by said insured mart-of this policy, the Company may pursue any (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (f) "land": the land described, spe- cifically or by reference in Schedule A, and imorovements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the in- debtedness secured by the insured mort- gage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, and ii such insured is a corpo- ration. its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such insured: and in favor of any governmental agency or instrumentality which acquires all gage at the time of acquisition of such such litigation to final determination by a estate or interest in the land: or court of competent jurisdiction and expressly reserves the right, in its sole discretion, to (iii) the amount paid by any governmental appeal from any adverse judgment or order. agency or instrumentality, if such agency or ( ) I II instrumentality is the insured claimant in e n a cases where this policy permits acquisition of such estate or interest in or requires the Company to prosecute or r f · f · . provide for the defense of any action or pro· sa is action o its insurance contract or ceeding, the insured hereunder shall secure guaranty. to the Company the right to so prosecute or (b) Continuation of Insurance after '·~rovide defense in such action or pro-Conveyance of Title ce~ding, and all appleals therein, and per-mit''tb_e Company to use, at its own option, the name-.,9f such insured for such purpose. Whenever requested by the Company, such insur,ed shall give,the Company, at the Com- pany s expense, alL.._i:easonable aid (1) in any such action or proc._eeding in effecting settlement, securing evidenf2e, or prose- cuting or defending such actipn or pro- ceeding, and (2) in any other act which in the opinion of the Company may be ne{:es- sary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, including but not limited to executing corrective or other documents. The coverage of this policy shall continue in force as of Date of Policy, in favor of an in- sured so long as such insured retains an estate or interest in the land, or owns an in- debtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of war- ranty made by such insured in any transfer or conveyance of such estate or interest: provided, however, this policy shall not con- tinue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions - Notice of Claim to be Given by an In- sured Claimant (a) The Company at its own cost and without undue delay, shall provide for the de- fense of an insured in litigation to the extent that such litigation involves an alleged de- fect, lien, encumbrance or other matter in- su[ed against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any liti- gation as set forth in (a) above, (ii) in case knowledge shall come to an insured here- under of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as in- sured, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if title to the es- tate or interest or the lien of the insured mortgage, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which prompt notice is re· quired; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such 4. Proof of Loss or Damage -Limitation of Action In addition to the notices required under Paragraph 3{b) of these Conditions and Stipulations, a proof af loss or damage, signed and sworn to by the insured claim- ant shall be furnished to the Company with- in 90 days after the insured claimant shall ascertain or determine the fact giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrances oi:i the title, or other matter insured against by this policy which constitutes the basis of loss or damage, and, when appropriate, state the basis of calcu- lating the amount of such loss or damage. Should such proof of loss or damage fail to state fact sufficient to enable the Com- pany to determine its liability hereunder, in- sured claimant, at the written request of the Company, shall furnish such additional in- formation as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) ---------------------------------------- SCHEDULE A Policy No. D-590304 Charge $296.44 Amount of Insurance: $96,000.00 Date of Policy: November 30, 1978 at 8:00 A.M. , , 1. Name of Insured: KENNETH N. RAYMOND, Trustee of the KENNETH N. RAYMOND TRUST dated 4Pril 22, 1977. 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested in: KENNETH N. RAYMOND, Trustee of the KENNETH N. RAYMOND TRUST dated April 22, 1977. 4. The land referred to in this policy is situated in the State of California, County of San Diego, and described as follows: Lot 275 of La Costa South Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6545, filed in the Office of the County Recorder of San Diego County, November 24, 1969. j ,, • " • ! ( "rrlil•" rtl•J I rin•J I 11l1 /, , • ,•, .11 !.:tfln•l,....ird Cnvc·rr.1g' Pohey ]'1/"t SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees o~ expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the puLlic 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in houndary 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. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the 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. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rlghts appears in the public records. 9. Defects, liens, encumbrances, adverse claims, 9r other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or ~reated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum· brancer for value without knowledge. (Schedule B continued on next page of this Policy) D-590304 f~T II ._ 1. Second installment general and special district taxes, now payable, for the fiscal year 1978-79. , - 2. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon race, color, religion or national origin, as contained in an instrument recorded November 25, 1969 as File No. 215940. Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 3. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon race, color, religion or national origin, as contained in an instrument recorded August 26, 1971 as File No. 192512. Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. A deed of trust dated November 15, 1978 to secure an indebtedness of $56,000.00, and any other obligations secured thereby, recorded November 30, 1978 as File No. 78-513791. Truster: Trustee: Beneficiary: KENNETH N. RAYMOND, Trustee of THE KENNETH N. RAYMOND TRUST INDEPENDENT ENCUMBRANCE SERVICE, a corporation SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation 126. l INDORSEMENT 1. This lndorsement shall be effective only if at Dale of Policy there is located on th~ land described in said Policy a one-to-four family residential structure, in which the Insured Owner resides or intends lo reside. For the purpose of this lndorsemen! the lerm "residential struclure" is defined as !he principal dwelling structure located on said land !oge!her with oil improvements thereon relo!ed to residential use of !he property except plantings of any nolure, .perimeter fences and perimeter walls, and !he term "insured owner" is defined as any insured named in p~ragraph 3 of-Schedule A and, subject lo any rights or defenses !he Company may hove hod under said Policy and oil inaorsemen!s, such insured's heirs, distributees, devisees, survivors, personal represenlotives or next of kin. 2. The Company hereby insures !he Insured Owner of the estate or interest described in Schedule A against loss or domog~ which the Insured Owner shall sustain by reason of: a. the existence al Dale of Policy of any of the following matters: ( 1) lack of a righ! of access from said land to a public street; (2) any slo!utory lien for labor or materials attaching lo soid estate or interesl arising out of ony work of improve- menl on said land, in progress or comple!ed at the dole of the policy, except those liens arising oul of o work of improvemenl for which !he insured hos agreed to be responsible. b. the removal of the residential s!ruclure or the interference with the use !hereof for ordinary residenliol purposes as !he resul! of o final Courl Order or Judgmenl, based upon the existence ot !he Dote of the Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as on exception in Part II of Schedule B of said Policy, or onto any unrecorded sub-surface easement; (2) any violation on the land of enforceable covenants, condilions or restrictions, provided that this coverage shall not refer to or include !he terms, covenants and conditions conlained in any lease, sub-lease, or contract of sale referred lo in this Policy; (3) any viola!ion of applicable zoning ordinances to !he exlenl Iha! such ordinances regulate (a) area, wid!h or dep!h of the land as a building site for !he residential struclure; ( b) floor space area of the residen!ial structure; ( c) sel bock of the residenliol structure from !he properly lines of the land; or ( d) height of the residential structure. c. damage to the residential slructure resulting from the exercise of any right lo use the surfoce of said land for the exlraction or developmen! of the minerals excepted from !he description of said land or shown as a reservation in Schedule B. The 10101 liability of the Company under said Policy and oil indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which !he Company is obligated under !he conditions and stipulations thereof to pay; and nothing conloined herein shall be construed as exlending or changing the effective dole of said Policy. This lndorsemenl is made a par! of said Policy and is subjec! to the schedules, conditions and stipulations therein, excepl as modified by !he provisions hereof. Doted: November 30, 1978 at 8:00 A.M. Policy No. D-590304 By ------------------------------------------------------------------------------- Authorized Signature 126.1 CLTA Form (G.5)(6-5-75) OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3 , . The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Dote" is defined, for the purpose of this lndorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months ofter the Dote of Policy, as shown in Schedule A of the Policy to which this I ndorsement is attached and on each succeeding January 1. 3. An upward adjustment will be mode on each of the Adjustment Dates, as defined above, by increasing the maximum of insurance provided by said Policy (as said amount may hove been increased theretofore under the terms of this lndorsement) by the some percentage, if any, by which the United States Deportment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided; however, that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost.Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the dote on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the dote of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. · Doted: November 30, 1978 at 8:00 A.M. Policy No. D-590304 ~-~_, By. -----------------------------------------------------------------------------· Authorized Signature P-2831Col1forn1ol Owner's Inflation Protective lndorsement No. 3 POOR QUALITY ORIGINAL (S) ' f -_, I u ; 1 • • ) J . I a \C) l;' 2!~ Q. 1r .<( 0 ~J ~ >-; \j A ), ~J f• ('" -· ..,. ~ / .,._ '- / . ,. '· "· -.· ... , __ ,/ , -: L { . :~~~~·: •• -'" * .... -. .,, , ,,- .. <' -; J d) J ~· uJ 0 ..J -<? J -~ _, ':{. • c-~ .,. :,, '.:'. "': ~ <i c{ D ~ "" -•' 0: j. -: ~ .r ~ .:. ". ?, "'J. _. ("' ; '< .) 00 '\ N ··---~- "' 0 (fl tJ r r ..... 4 J g lll 0 ----~---------...... ·---- CONDITIONS AND s9LATIONS (Cur1tir1u<:d and ConcludEd From Ree Side of Policy Face) 5. Options to Pay or Otherwise Settle Claims and Options to Purchase In- debtedness The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obli- gations of the Company hereunder by paying or tendering payment of the amount of in- surance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and author- ized by the Company. In case loss or dam- age is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such in- debtedness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein pro- vided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment there- for as herein provided. Upon such offer being made by the Company, all liability and obligations of the Company hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obli- gation to purchase said indebtedness pur- suant to this paragraph, are terminated. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the . least of: (i) the actual loss of the insured claim- ant; or (ii) the amount of insurance stated in Schedule A. or, if applicable, the amount of insurance as defined in paragraph 2(a) hereof; or (iii) If this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebtedness, plus interest thereon, provided such amount shall not in- clude any additional principal indebtedness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured wl!h the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be. maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against here- under, by litigation or otherwise, removes P-218 (Area 1) (Rev. 5-78) such defect, lien or encumbrance or es- tablishes the title, or the lien of the insured mortgage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and di$position of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without written consent of the Company. 8. Reduction of Insurance; Termination of Liability All payments under this policy, except payment made for costs, attorneys' fees and expenses, shall reduce the amount of the in- surance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such insured, except to the ex- tent that such payments reduce the amount of the indebtedness secured by such mort- gage, Payment in full by any person or voluntary satisfaction or release of the insured mort- gage shall terminate all liability of the Com- pany to an insured owner of the indebted- ness secured by ihe insured mortgage, ex- cept as provided in paragraph 2(a) hereof. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy, as to the in- sured owner of the estate or interest or in- terest covered by this policy, shall be re- duced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest qovered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that other- wise would be payable hereunder to the in- sured owner of the estate or interest covered by this policy and the amount ~o paid shall be deemed a payment under this policy to said insured owner. . The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebted- ness or any part thereof. 10. Subrogation Upon Payment or Settle- ment Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Company un- affected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may re- lease or substitute the personal liability of any debtor or guarantor, or extend or other- wise modify the terms of payment, or release a portion of the estate or interest from the lien of the insu'red mortgage, or release any collateral. security for the indebtedness, pro- vided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and ·does not result in any loss cif priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in re- spect to such claim had this policy not been issued, and the Company is hereby author- ized and empowered to sue, compromise or settle in i.ts name or in the name of the in- sured to the iull extent of the loss sustained by the Company. If requested by the Com- pany, the insured shall execute any and all documents to evidence the within subro- gation. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of the losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. Liability Limited to this Policy This instrument together with all endorse- ments and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or in- terest covered hereby, or any action as- serting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. · No amendment of or endorsement to this policy can be made except by writing en- dorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or vali- dating officer or authorized signatory of the Company. No payment shall be made without pro- ducing this policy for endorsement of such payment unless the policy be lost or de- stroyed, in which case proof of such loss or destruction shall be furnished to the satis- faction of the Company. 12. Notices, Where Sent All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 13640 Roscoe Blvd.. Panorama City, California 91409. 13. THE CHARGE SPECIFIED IN SCHED- ULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. ...... !!"!'!!!!~_~,--------...,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,....,.-:-....,.,...,....,.~-:::"'"".,...,......,....,.~--.~~-~-~.~~-~~~~~-~-~-::--.--~-~~-~~=· ~="~·=-_..,,~.~"~~~~~ --~~----...~ -..::!! '#X' RECORDING REQUESTED a.39 I I ~vlt tl ~:~13790 - ANO WHEN RECORDED MAii.. THIS DEED AND. UNLESS OTHER· Flf.F/PAGE NO _____ _ WISE SHOWN BELOW, MAii.. TAX STATEMENTS TO: ' .' BOOK 1978 IEORDED REQUEST OF SAFECO TITLE INSURANCE COMPANY NAME I Kenneth Raymond AcoRi::s~ 2854 Levante St. caTY °' Carlsbad, CA. 92008 STATE ZIPL Title Order No. ., Escrow No. 7_718 T>5'10 ?c-,'I _J NOV 3 0 8:00 AM'78 omcw. RECORDS SM DIEGO COUNlY, CAI.IF. RaXlRD£R $3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed · TRANSFER TAX PAID G 0 _SAN DIEGO COUNTY RECORDER The undersigned declares that the documentary transfer tax is s ...... ..!.t.2.5.: .. ::.::::::: ........................................... :····· ana, is .eJ"" computed on the foil value of the interest or property conveyed,. or is D computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ~ ~ . 0 unincorporated area JZl. city 0£.6JJJ:g4t!J.i. ........ ::i.£ ...... f..P .. :f £:.;?,/~ .. .g_/}.(;;_:::_f. .. C/. ...... ·arid· FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SCANDIA CORPORATION a corporation organized under the laws of the State of Ca 1 i f o rn i a hereby GRANT(S) to KENNETH N. RAYMOND, trustee of the KENNETH N. RAYMOND TRUST dated April 22~ 1977 the following described real property in the County of San Di ego , state of California: Lot 275 of LA COSTA SOUTH UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of California~ according to Map thereof No. 6545, filed in the office of the County Re.corcfer-01-:------=-~-­ San Diego County; November 24, 1969. Dated ___ O_c_t:..::o.;:.b.=..e r'--'2-"3-"''--'-19;;_;7_;8'-------- STATE OF CALIFORNIA COUNTY OF SAN DIEGO l f SS. -.. . -.~ On ;·~ ;_-. ' . / ,_. . . before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~ · . · . /-' ·~· . :. [.; : .. · ·~ known to me to be the •· ----·-·-· President, and , known to rn~ to he Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corpor:ition therein named, ant.I acknowledged to me th:it such corporation executed the within instrument pursuant to its hy-law.~ or a resolution of its board of directors. I . ·'-, ., Sii;:nature of Notary / SCANDIA CORPORATION ···:'..: ... ':··.: I FOR NOTARY SEAL. OR STAMP ---------~ ----~ ------·~ - MAIL TAX STATDtENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PAHTY SO SHOWN, :\!AILASDIRECTEOABOVE Name Street Address City & State L-2 (G. S.) Rev. (10-75) (8 pL) -.. "•> '} ..,; ~-'' ,;;.:.·_. ',.1tN L ' e RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Californi;i 92008 ) ) ) ) ) ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /.:...'//iday of Ap,e.:z::L , 19 ~.).. (~ame of develo~er-owner) a hr'/4 E"t{'(,_;/1.r ,2/2 , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is ,...:Jc.:;,c.;·-/I /-..£ l':/J/l--"77-= .... ~ /~ (street) and THE CITY OF (City, state, zip d'ode) CARLSBAD, a municipal corporation of the St~te of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, .Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this· agreement, hereinafter "referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a dev~lopment project as follo~s: ~ .c:--2.c?. "I A .e:: u 'c .£-i) /·/_,,Ll /.c C:)) C:: /'£ '/'--"71 r,1r.:'J:, z-tJ 10:::'" ',:i/ I ,V: .:" r!-)) c ;'--;z:_ £ .::.,_,,_-/Ji:/./C:.'-c..- R EV 4-2-82 . .e e on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and I WHEREAS, Developer filed on the 19 S-,}___, with the City a request for hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on f i 1 e w i t h th e C i t y C 1 erk and i s in c o. r .P or a t e d b y th i s · re f e r en c e ) ; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities ana services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Developmen~; and WHEREAS, Developer has asked the City to find that public ·facilities and services will be available to meet the future needs of .the Development as it is presently proposed; but the Developer is aware that the City _cannot and will not be able to make any sucih finding without financial 8Ssistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFORE,-n consideration of the rlitals.and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed· 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to "the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be ~n· addition to any fees, dedicatio1.s or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community a p a r t men t or s t o ck c O·O p er a t iv e . The terms "other construction permits", "other construction permit" and ."entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading· permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be c~nstructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements require~ according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- · REV 4-2-82 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall c~nsider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as prov{ded herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and .similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- 6 • All obligatiott hereunder shall terminaitltin the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed b.y the party giving such notice or by a duly authorized representative of such party .. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement. shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective ' successors and assigns without specific mention of such successors ·and assigns. If Developer should cease to have any interest in the Property, all obligations of D~veloper hereunder shall terminate; provided, however, that any successor of Developer's interest in ~he property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied~ City.shall record a release. -5- REV 4-2-82 IN WITNESS WHI<:REOF, I his agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: ---------- (Title) -------------- -(Title) .ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: ·VINCENT F. BIONDO, JR.,- City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 EXHIBIT "A" LEGAL DESCRIPTION Lo -;-;;i_ 7 s--c;;,r:-L-/1 C-::_::; //I :;:::, c;) c../ 77/ t:,/// ..:z-r ,A.l c?,, ~ "T'A I -,J ~ . __ __, -' ~ "~ _,,---, ,, -1../ C",)/::: ..J-.,,t.-· ,, h L-L-__,-_/ ./ C: / C: /I,,.:::_ 2-_-:;, />. f ...V } <--cJ ,_..,,:.; ./ / _-:;, .c; /i/ ~ .L-& c-'CJ / /T c: c· (,._, /Z 2> .L-7v/6-/{::;- -5>-;-/ Tc-c /-=-C.>7 L-:Z-/-c. .' /2. /l/,Z:_,,4) /--7 . .4 /' 777' / /.-->£ oF /1/ c _,,. 0· :::>-L/ _ s ~ /~..£.LED . .L-,J • ...' //-/ £ c.Y:-r...CC-2 tJF 7//£ _L:.C::-t//l/ r;'-' -~'I J STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 12, 1982 before the undersigned, a Notary Public for the State of California, personally appeared KENNETH N. RAYMOND, trustee of the KENNETH N. RAYMOND TRUST dated April 22, 1977, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. Patricia W. Kay Notary Public ·. OFFICIAL SEAL PATfl:C!A W. l<AY NOH1RY PUBLIC -CALIFORNIA SAN DIEGO COUNlY My Ccmmiss;on Expires May 14, 1985 ."...-. ...... ·~ .. ~ . -· .. ·: .. ,., ..... ·.:. ~· .· . .· ... ::· · .. ,:. ~;q;::~~\· ~ - : -·!".-:.._ .. :-·! ._ -- ~:·-~{.~~~h~)-- " ~:-~:~.:;: ~. : ~ ~ :. ~ ~-~-.. ~~: _,_. - ·.::·';""" . .... . ·.~ -... -.; -. ·'.. _ .... _,. 1 .:~·--• .. ··, : . : ~;=·~7:. --_: --.. \Ji~{~(~~::~~? --~· -~=-.~~:~-. • -· ~ .. -. --. . . -~ . .. ··:·· ... · .. -.. . -:. -. -~·_ ... ...,, ... -J.:~~~::;-~=-.~--·---~~; In ord~r t:o ·assist ·th~ memJ::iers of t.he PJ_a...-:t=.dng Cort>.r-..ti.ss:-ion. ano. Ci. ty Council -_ - to avoid possible confiiats .of ·.inte;:resto a.1.1. applicants are r:equb::eo~ to compl.ata. tlµs disclosw;e foxm at the time o-f subllitti.:ng t:hair application~_ Whe.ri this "fom .. has baen completed and sigczet'l,. the info:r:mation 't.;i.ll. he--rel.ied. - upon by them· in. determining ·if. a c.onfJ.ict ;.::ay -R.YJ..st,,. so. please ensure: that .-... all.· of t:ha-information is complet:.~ ar.i.d acc.uJ:ate. Xf at any?in:ie-bafore-a ----· final action on. your application has been renderedr any oi': the information -.-:::;~·\::-- required.. by this disclosure changes,, an ar::endment:. re£J_e::cting th.is cltang.e--mu:st :::----~:--_:: be.·~~~~~' ,~,~:·~ ~h;;,~4,~;~~;~;};"t;;~~i~L>'~'i~~)~;;.~§~~tz+~fT'·:ie"~~~ .. _. . ·:~ If the-_ applicant. is an .individual:~-or a pa.rtn~-rshi.f>. (eit..~e~ gerie:r:a!. or<JL:t:ml'.:t:~J::·._:: ":-; .or-a _joint·. venture, pleas~{-. state the-:full. iw.me, .. address a:ri..d. phone-number of-(-:~,:~.-:_.~2~':"'.:{ -each .person:"o:it.individua1 .. ::(in~iud..ing ·trusts) -"wh9'" o'1'n .any. :baneficlal.._:intere~-t:;:-::-~ -:_->~..:_ in _the ·_propel:'ty _which is .. the:_s~bject of __ th.5.s._:a.ppl.ication~-Shou:l.d one-or·mo~e(:_-··~ .. :.:·:- pa:rtieS-to-the O..J?pU.cation··be: a .. partne:rshl';'.): or· joint ·vent':Zra_,.. thapl.ease-.--:-:·~:-\-:_:::.:-_;;-;-:.· _state..th~--~ull. i~gal name· ·of.:the··parq-tershlp ·or. joint veP-tu:2-e~--:H'..s l:egal... ~-;~;.::::T<:_--_ -- address. and. the n~-ne zind ·address 9f each .ir..di vidue>.l. pe:rso~ who :is ·-.;_ gene:i...--a~ · ~ ~~-~-~~. ·. --- . and/o.::r.::_) .. i!:!-i"ted partner or m~z: ,of the jo.int ·yanture.:..· _ · _ --. __ '·:-.:~~::::~::-.,.:. _ i-f"'J;.;~_:~~:::;;~~-::L~~.-;_~:_· -·. : ._:.\~~\{:~~:: _.,_ -.. <. ·--_:: ;._=~·;:.~'/ :<_::.,:;_z:~;f_:~~:;:~i.._:;, . .-__ -:-"-·: ~._ -~4;·:~:~;:-_ -. -.,-.: '~~-:_-;:;_.. ~ · _: ·. ':,.;·;;;:_.:-:{~t:;ft:;~.r,_::;·:~~·~~~~~f:?.°~?~:: Shou~d o~a ·o:?::' more ·Of· _-t;.J:-~e-·parti~~ _b_e a p~.ivatel.3; J1el.cl-." corporat:;o"'1 (!_(} .snare.::._-. -holders or less) or a ·reai estate syndicat::ion; then p::tea~e state· the-state o~ · incorporation or syndication,,. corporate mz:ibe:r.,.· date of ·_i~;::;orPOra.tion. O:C _. -.. syndicat.i.~ri; corporate or· syndicate address,. an(1. t:he fu.l.!. m1-,,1~s--and addres:sGs o~ each inc.i~icual shareholder or syndicate n=:nber.~ Shoulc t..~e co:c-ooratio1be:. a pi:ibl.icallY. held corporation,. then state the fuJ.I. na..~: zn~ ·a.c!dr-;.ss--~i the-- corporation, the place of .its :incorporatic::.1.,. r.mmbe-r 0£ sbzreriolders-r ancl thE?- name and ac~ess of the officers of the. co~po~ation---.. . ·-.-·. -~~··,·-~;'.t>}~: ::'-::. ;-~~·~:~:~fi~~~l~·;_;.-. '· be-c.:::ov.ided in: order to · Should-yo~ feal that addit~ona1 inforznatio~ needs to- provide ~ full disclosure, please include it~ ..... · ... ,. -. .··. ' . ,~. '··-· :' . ~ .•..... ):;,: :.·'.~;:,};~1.t~f ~f~;: ; . <::~~~( -.. . .. ·_·· . . ~ .... ~:~ ~:::~·~·; ;~~.-:· -· . ' ... · . .· -.. :.~-: .~ . · ~_;.:­. -· .·~ .,:_ ·.~ "-"3.~~:::~--- ·. ~ .', :• •,. .. _.·-,_.~_.{/j(J:'--- -... -- ., ....... -·.· -----....,..-------------------------------If after the information vou have submitted has been re·· wed, it is determined that further inforrnatio. required, you will be so ad: ed. APPLICANT: Niune (individual, partnership, joint venture, corporation, syndication) Bt!siness Address 7 Telephone Number AGENT: Name Business Address .... . -' .. . .. :: . :·:~.:~ ... ·. _... ·. MEHBERS: Telephone Number Noi'J6: Name ·(individual, partner, joint. venture, corporation,. syndication) Business Address Telephone Nlli-nber 3~siness Address -~elephone· Number Telephone Nu,-riber Rome .Address Telephone ~iu.wer ____ _;.:....---.-~~-""'"-'"'--\· . . ' .. '·- (Attach more sheets if necessary} .. I/We decla=e· under penalty of perjury that. the information contained in this dis- closure ·is true and correct and that it will remain true and correct and may be· relied upon as being true and.correct until amended. -m:r.----~~~~----~~~~- Age;t, CT.·mer,. Par~n~r . . . . ... ~PLE'..."'IENTAL INFOR.~lATION FORM • VARIANCE 1) Gross Acres (or square footage, if less than acre) __ ,..:'I>::...=~~~~------- 3) General Pla.'1. Lan.d Use Designaticn -:;;:i:::f\J6-L-G: FA+"-:CL.'t' -:t>we:L-l-I:N6- 4) By law a Variance may 1::>e approved cnly if certain facts are found to exist .. Please read trese require."'Tlents carefully and explain how the proposed project rr.eets each of these facts. U:Se additicnal sheets if necessary~ '~ '. a) Explain w"'rry there are exceptl.cnal or extraordinary circumstances or ccnditions applicable to t"he property or ta the intended use that do not apply gene.r_aI/f-to. the otJE~ property or. cla?S -Of use in the same vicinity ·and zme: 5.d:::'E d77/f-Cl,-L£2J ~Z:?t-~:~···-·--. b) Explain why such varia.'1.ce is necessa...7 for the preservation and enjoyment of a substantial ·property rigri:t. possessed by other property in the same vicbity and zm.e but whlch is denied to the property in. qµestion: 7f. , 5Ec ,dZLd t;::.;/-/&::z> . .;::r/;/~qr?' £ . . . . · ·c) Explain wrry the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improveme:its :in such vicinity and zcne in which tffi property is-l~ted _ ?Jf'. 1,,-0-~c .. <£/,Cd-Ch/Ea '5'/-;/EeTeS,if. . -·,-- • I I·----------------------------------------· ------------------------------------------------------------- ----------....------------------~--~----------------------------------------~---------~------------. . ·------------------------------------------ -- --------·-----------~ -------------------------------------------------------------- ·------------- - --- -----------·---------------------------------~ -------:----------------------·--------------~---------- .--. - - --~---------------------~-----------------------------------------------------~----~---------.... - .---------------------------------------------------------------------------~----------~---~--• -------~--------------------------~ ----------------------------------- ------------------------ -----~-· ------------------------------------ • ' . J I. ___________ ---. --------------------~---------·-------------------------------------------·--------------· . . ---------------- --------------------------------------~---------------------- .. j I. SPECIFIC REQUIREt-'lF.NTS FILING REQUIREMENTS G8neral Plan Amendment/Zone Change 1. Application Form 2. General Requirement, Items H-Q · 3. Reproducible 1 :500 scale :map of subject pro~rty showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan.Amendment $200.00 + $5.00 per lot or acre. zone Change: $500.00 Master Plan/Specific Plan/Precise Development Plan 1. AppHcat10nForm-· 2. General Requirement Items: -eighteen (18) copies of iten1S A-D -items E-Q 3. Fee: Master Plan $1,000 + $2.0C\..per/acre Specific Plan $1,000.00 Master Plan l\mendment: Minor $50.00 + 2.00 ac.r:e Major $500.00 + 2.00 acre Tentative Tract Map 1. l\ppLication Form 2. Eighte0n ( 18) copies of the Tentative Tract Map 3. Gener~l Reauirement Items -· eightee;. (18) copies of items A-C -items E, G-K, M-Q' 4. Fee: $500.00 (1-25 lots or units) $750.00 (26-100 lots or units} . $1,000 (100 +lots or units) E:{_tension: 1/2 of original fee Reyision: 1/4 of tenta\:ive map and regular fee on additional lots· or acres. Planned Unit Development 1. Application F'orm 2. General Requirement Items: -eighteen (18) copies of items A-D -items E-Q . 3. Fee: 4 or less units $50.00 · 5 or more units $200000 Major Condominium Permit (5 or more units} ., . 2. Application Form General Requirement Items: -eighteen (18). copies of items A-D 3. -items E-Q ccinversion to Condominiums -list of names and addr~sses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. · Fee: $50 •. 00 + $1.00 per unit $5.00 par u~it for notification of tenants 4. \. Minor Coni;lominium Permit· (4 or less units) ~ 1. Application Form 2. General Requirement Items: three (3) copies of items A-D itemsK,·L,O,P,Q. 3. Conversion to· Condominiums -list of names a.,d addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 + $1.00 per unit Site Development Plan 1. Appl"1cation Form 2. General Requirement Items• thirteen (13) copies of items A-D • - . items E-L, o, P, Q 3. Fee: $350.00 Conditional Use Permit/Special Use Permit 1 • . Application Form A 2. General Requirement Items: '411111' thirteen ( 13) copies of items A-D items E-Q (items M,N & 0 not required for S:i;:ecial Use Permit} 3. Fee: $400.00 variance . 1. Application Form 2. General Requirement Items: thirteen (13) copies of item A items E, G, II, J-N, and I if applicable (see Title 19. Environment) 3. Variance Supplemental Sheet 4. Fee:· Single Family = $100.00 Other ; $250.00 Planning Corrunission Determination 1 • Application Por:m - 2. One page statement precisely.indicating the determinatic~. request. "411111' ' 3. General Reouirement Items: thirteen (13} c:opies of items A and D items H, K, and L 4. Fee: $25000 .., N~.Ji: l. ~p(>-vllA1'"lON f()<W\ 1-. '3 c,of'r~s bf Si\.e' fL-A!} AA.ID t"~VA"fit>I< -~: ~-((;fV\S G i >A , ~ -rJ 1 Mi> f £/'~ ~l~O !9 fte -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~----------------------------------------------------------~ !I. GENERAL REQUIREMENTS B. c. D. A. Site Flam Shall incll!de the following information: -Name and address of applicant, engineer and/or architect, etc. -All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. distances between buildings and/or structures building setbacks (front,-rear and sides) -location, height, and materials of \.Jalls and fences -location of freestanding signs all driveways to scale on adjacent and across the street properties for a dfstance of 100Teet beyond the. Iimrtso.fsuT:iject site. -existing curbs, 9utters, sidewalks and existing paving widths within 100 feet on adjacent and across the street proper: ties. . -typical st.reet sectton -any existing median islands within 100 feet of subject site. nearest cross streets on both sides with p~us or minus distances from subject site. location of all buildings within 100 feet of subject· properties • a v1c1n1ty map showing major cross streets - a sunimar.y table indicating the following information: site acreage exlstinq zone and land use proposed land use total building coverage building sq. footage percent landscaping numb:~r of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) Preliminary Grading and Drainage Plan* (24"x36") -exis!;ing and proposed contours on the site and within . 100 feet of the boundaries of the site. elevations of the site existing on-site trees1 those to be rerroved and those to be saved.: Preliminary Landscape and Irriqation Plan* ( 24"x3G") -=---Tocatwn orpranting areas and typicaI plant materials . (quantity and size) location of areas to be irrigated Buildim Elevations and Floor Plans* (24"x36") floor plans wi.Eh squure toofoges included location and size of: storage areas all build~ngs,. structures, walls and/or fences, signs and extenor light~. E. One (1) o::ipy of colored site plan (24"x36") \ F. One {1) copy of colored elevations (24"x36") ~ Che (1) oopy each of 8 1/2"x11" •ite plan and elevatione One ( 1) copy of 8 1/~"x11 n location map (suggested scale 1:200" -vicinity maps on the site plan are not acceptable) I. Environmental Impact Assessment Form ($100) @)Public Facility Agreement: 2 copies: One (1) notorized ·~ -(\1\,~ w. G J , (..v , 1"1' , , f I. 1_ l I ' l ' 111'-'· -·' -I . v-·'i! fl ,t '-f''V1"° I 1 .,._.;_.·, " 008 \ q ,/ . ."'.> ,....,, ..,,,,. n'/1 ' :l'-' . 'f\ill€eoYGJ original, One (1) reproduced copy. Disclosure Statement Photostatic copy of deed with complete legal description of s¢>ject property or other form of description acceptable to the Planning Director. Property Owners1 ·1ist·ana·self-.Adhesive Labels {~t needed for Site Developrent Plan, Special Use Perm~ and Minor Condominium Permit) 1) a typewritten list of. names and addresses of all property owners and occL'Pants within a 300 foot radius of the exterior boundaries of the property involved. 'Ihe list shall include the San Diego County Assessor's parcel number for each parcel, which shall be obtained from the latest Assessor's rolls. _ 2) Two separate copies of typewritten self-adhesive labels (four copies for condominium conversions) of the names and addresses of all property owners and occupants listed. For any address other than a single family residence, apartment or suite number must be included. r:o NOT 'l'YPE ASSESSOR'S PARCEL NUMBER ON LABEIS, 300 .Foot Radius Map {Not needed for Site Develoµnent Plan, Special Use.Pennit and Minor Condominium Permit). A map to scale not less than 1" ~ 200' showing each lot within 300 f~et of the exterior boundaries of. the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner1s list. 'Ihe scale of the map may be reduced to a seal~ acceptable to the Planning Director i~ tjle required sea.le is impractical. r ... .-,- ' o. ~ For residential projects within Vista, San Marcos,- Encinitas or·san Dieguito School"l51str1cts, the applicant snall indicate whether he prefers to dedicate land for sd1ool facilities, to pay a fee in lieu thereof, or do a o:imbination of these. If the applicant prefers to dedicate larid, he shall suggest the specific land·. For residential projects within the Carlsbad Unified School District, the applicant shall sul:mit written confirmation that school facilities will be available and serve the project at time of need • Preliminary Title Report Q. Proof of sewer availability if located in the Leucadia County Water District. t'NOTE: ALL EXHIBITS MUST BE FOLDEn nl A SIZE NO!' 'ID EXCEED 8 1/?."x11" ,~ND BE COI,LATED ~ --------~------- RECORDING REQUESTED - ' 939 ANO WHEN RECORDED MAIL. THIS DEED ANO, UNl..ESS OTHER- WISE SHOWN BEL.OW, MAIL. TAX STATEMENTS TO: NAME I Kenneth Raymond AccREss 2854 Levante St. C•TY.. Carlsbad, CA. 92008 STATE ZIP L Title Order No. ., Escrow No. 7 _ 71 8 [J5fO ?elf _J 78-513790 FILE/PAGE NO BOO~K~l9~78 __ _ RECORDED REQUEST OF SAFECO TfilE INSURANCE COMPANY NOV 3 0 8:00 AM '78 omcw. RECORDS SAN DIEGO COUNlY, CALIF. RECORDER $3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed TRANSFER TAX PAID tf,, 0 SAN DIEGO COUNTY RECORDER The undersigned declares that the documentary transfer tax is $ ______ ,(QS: .. :::::=: ................................................ and is ff computed on the full value of the interest or property conveyed, or is 0 computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in . , :J:. ~ _ . _ 0 unincorporated area ¢_ city of.Cit!!:#..l!IJ.d. ......... --:J.f?. ..... .Y..9..15. .... :d././?..::d/j_Q.:::.f..:l ...... and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SCANDIA CORPORATION a corporation organized under the laws of the State of Ca 1 i forn i a hereby GRANT(S) to KENNETH N. RAYMOND, trustee of the KENNETH N. RAYMOND TRUST dated April 22, 1977 the following described real property in the County of San Di ego , state of California: Lot 275 of LA COSTA SOUTH UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6545, filed in the office of the County Recorder of San Diego County, November 24, 1969. Dated ___ O_c-'t'--"o_b_:_e r.;__2_;;3-"'--'-19_7_8 ______ _ STATE OF CALIFORNIA COUNTY OF SAN DI EGO 1 f SS. --, On /:~ ;_-. ' . / ,_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared > _ . /-' · r: , :. :..: :_ --0 known to me to be the -----------President, and , known to me to be Secretary of the corporation that executed the within Instrument, known to me to he the persons 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 by-laws or a resolution of its board uf directors. ---, I Signature of Notary I SCANDIA CORPORATION B • . .-) ~ c: ... -:---·. y • L-( -· I. '· t --CO--':,, (_ '--:::::--:..-•-,___,> FOR NOTARY SEAL OR STAMP MAIL TAX ST ATK'v1ENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L-2 (G. S.) Rev. {10-75) (8 pt.) -l CASE NO.: V-336 DATE RECEIVED: April 6 1 19.82 APPLICANT: RAYMOND, Kenneth N. REQUEST: Courtyard with wall 6' high in front y~rd within 20' from curb ENVIRONMENTAL Prior Compliance; --------~ Published: ----- .Filed: Filed: NEGATIVE DECLARATION: Posted: Published: Jl..1btice of Determination: ---------~ ----- ENVIRONMENTAL IMPACT REi?ORT: --------,.----Notice of Notice of J:\Totice of Determ:Lnation: Preparation: Completion: ----------~ ------------- PLANNING COMMISSION 1. Date of Heari?-g: 5 -d (p -]_'d.=--·---- 2. Publication: 5 -J 5 -i ~ 3. Notice to Property Owners: 5-/ ~ -8-d- 4 ~ Resolution No .__./_9'-'l....,· o._._I _________ _ Date: /5 ~:J(o -a B ACTION: b~ f\/ r'S6 CITY COONCIL 7-~o-~i Date of Hearing:_:~~i$~1~1 -~'Y~=~®:zi~;)~s-~'-fr_·:_-· f.t.(02.:-~<{5-d., 2. Notices to City Clerk: · ~'.;!;ir::=:~cg$S75:;@t:g::S::::=-:::.. 3 r . Agenda Bill: 4. Hesolution No. ----------~------ 5-~ Ordinance No. Date: ------- Staff Heport to Applicant: ----------- Resolution to Applicant: · -----------~ -, -~ -. ,,"'....; .. -. ~ ::.·?:<:?.~--·-. . . ~ '. ~ ...... , , J} 77~3 L£V A \e 7 (7 CALLE. V\AD~~ 'I <'-_:;, I ' 77 I 7 CA LLE: }v\_A DE~ , A J ' I ~-1 ~ t r 1 i.-~ • .A' "' ~ • I ·f{;'."' "'< .,!-- :' -· ·"'· 1, -~. ~; f, -~· .... ' . ll;J: • • .. " I . t:.f'. ~ .,. "I '. h c •• " '. -' I. l ·L t f I I I r " -· r \ I ~ ... --- .,. .. ,. r . \ ,• . " .' j ... . : J" .. ~ ., ~· . . , "· 3 0~0 1-£vAr T 117 " 'I ' " i ' ·" ' '"C.. ~ •I• .. . 'I:,. . ' . ' . . -' . , ' ' [i .. .. --~-·~ ~-· ~--.... ~~~~-... _.... .. ..,,,~""--·""".-·--Project System. .... ' TITLE: SAN J.VJARCDS OUTFALL/CARtSl3AD . . STATE ~EARINGHOUSE NUMBER: 79080801 REVIEW STARTS:. 08/26/82 REVIEW ENDs:' 09/23/82 CDNTACT PERSbJ.\J: DAN CDNATY (REVIEW STARTS ON ,NEXT 'DAY WHEN DOCUMENT IS RECEJIVED ~~E~ ;io A.M.) ·-. ·--::--- ...... :'!ease use the State Clearinghouse Number on future correspondence with this office and with agencies approving or reviewing your project. This card does not verify compliance with environmental review requirements. A letter containing the State's comments or a letter confirming no State comments will be ; forwarded to you after the review is complete. Rev. 8/82 j ---~ ------~~--------.a. .. ..., •••• Office of the Governor Office of Planning and Res~b_;_~.621r J,£"~ :· State Clearinghouse ~-;~q..P..iVl{·::i~~~ .. 1l1u5}1uSiA~t:E 1400 -,!Ot. S ·r -~~' Room 1 ":..,... ~ ·-~'~\ "" \: SacffirRe"ht~la\~'~95814 AUG~!'320 t.4:,/'l :::::=: I 3 f~ :\ l ~ \,l -~. t,/) f..;• 5. ~ \;r iii),}!'~ mJ ~. I \..: .. " ···L '"' ~ 301434't j;;; To: . CEARiiES .. GRn1t~ · cARLSBAD. CITY . m~r:NG DEPARTI1ENT 1200 ELM· ~VENOE -· . RFi ,.EI ~-ED Jt:J ~ . CARLSBAj:r,. CA 92008 .s '.:P (\ ~ .1983 ~ '°<;,, ... ,~ I~'·,~ ,_, "-. .('-.._'\,·,,,~~.... -~ "· '· '-··~ ... ,, ~ ... '~ --...... ~-:-;r,, CITY ·oF CARLSBAD Planning Dt.partment -., ~ j1~f,~~ -/7lvi<:e.... '? ry y y )I y 'I 'I ., '!-'{ y. y ..,. y .... ~ y ._... . ( .J--..P. ·~ (.J "' • t.,) .) I ·;:.' .~ q •. 3 <.. ·t -J, -....... _. ---·--·--· .... -·-· ...... .. --·----------·--·- l~ I _ ·: J<·€.N · · Rp.. Y Mo N D .. _ : "i -- PAT to .. .. ~f' .. r· ' i{ t ~·71•' J.". I' S<!ALE = -a t•"' · DR\VfWAY i .. ,, . .~£ VEtJ By II"' l:.i JUL 7 1981 City of CARLSBAt BUILDING DEP'y~ to of ""'-' \!I \\ I •• ~· •. \ . ~!--.._ ,,/ \~ ./ _ S/G~\ ... , .. .-·~.: .:·~~· IA ~~···-~":/.). ~_J_-j.Q1Lt;Y~1£ )-~/"'"'"' :0 : .. //'·\:/.ti~\,.~~-,~.-· -· " •• _, \,}'" I • { r \ ' ~' J • •• ' ! " /·I. \~x·-,•l·. """ " --:'\ -\. '• \ ·' . • ' ~ J • ~... 'Y ,, .• ,~I -1;.;1<.2 r;:RIO~I.9..YA I 0 ;<:.: .. \) .. 1-~S~-~.~/ . 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