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HomeMy WebLinkAboutCT 79-11; HCH & ASSOCIATES; 87-305209; Public Facilities Fee Agreement/Releasey*2089 305219 Recording Requested Ey and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 198? JUN -2 PH * 20 VERAL.'YiE I _COUNTYRi;cORnER RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF 6.00 AR 2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and HCH Associates required by an Application for CT 79-11 April 14. 1980 ' and recorded on as Document No. 80-125763 is hereby released for the following reason: AX? Fees Paid and Obligation Satisfied l~l Application Withdrawn /~T Other DATED: MaY 22, 1987 ATTEST: ALET City Clerk APPROVED AS TO FORM: VINCENT F. BIQNDO, JR. City At to CITY OF CARLSBAD By. MARTIN ORENYAK, Community Development Director CORPORATE ACKNOWLEDGMENT G 2099 State of California \ County of San Diego SS. ******************************5 .E&. OFFICIAL SEAL { * * -* XwEig/ SAN DIEGO COUNTY * J ^a&r ty Comm. Exp. Sept. 27, 1989 J ****************************** R. KUNDTZ NOTARY PUBLIC-CALIFORNIA J Onthisthe_2Ztttiayof May 19 87, before me, Karen R. Kundtz the undersigned Notary Public, personally appeared Aletha L. Rautenkranz j S personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as City Clerk or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Note's Signature^ 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 l I I u i er-Office Correspondence •- \ CLERK FROM: DEVELOPMENTAL PROCESSING SUBJECT: PUBLIC FACILITIES RELEASE DATE: 5/21/87 MESSAGE: Please release Public Facilities Fee Agreement, file number 80-16 CT 79-11 H C H Associates 80-125763 FEES HAVE BEEN PAID PLEASE NOTIFY LINDA RINEHART 238-1776 FIRST AMERICAN TITLE INSURANCE CO. WHEN READY.( LETTER ATTACHED) S/9&/&1 Attachments: REPLY : Reply Requested Signature Date: 10/83 Signature /•sW WESTERN MUTUAL ESCROW- ENCINITAS, INC. 227 N. El Camino Real, Suite 104 Encinitas, CA 92024-2875 Telephone (619) 942-1188 May 20, 1987 Manager: Bill Kugel CITY OF CARLSBAD 2075 Las Palmas Carlsbad, CA 92008 Atn: Doris Cosman Re: Escrow No. 7876-A Your Ref : 80-16 2914 La Costa Avenue Carlsbad, 92009 APN#216-300-28-01 EMMERSON to STEVENSON Dear Doris: In connection with our telephone conversation today, I am enclosing a copy of the Preliminary Title Report on subject property showing as an exception an Agreement between H.C.H. & Associates and the City of Carlsbad as Item 5. Please issue your Release for the above Agreement, Your Reference 80-16, Recording No. 80-125763, filed April 14, 1980. I enclose our check for $9.00 to cover cost of said release. Please forward the Release document to the title company as follows in the enclosed envelope to be recorded: FIRST AMERICAN TITLE COMPANY 411 Ivy Street San Diego, CA 92112 - Linda Rinehart, Title OFficer Order No. 949108-21 If this is not acceptable, please call me when the release is ready so that I may make proper arrangements. Sincerely, Ann R. Clar Certified Sr. Escrow Officer ORDER NO. 949108-21 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 MAY 7, 1987 WESTERN MUTUAL ESCROW 227 NORTH EL CAMINO REAL ENCINITAS, CALIFORNIA ATTN: ANN CLARKE YOUR REF: 7876-A OUR ORDER NO. 949108-21 BUYER: STEVENSON, JOHN A., JR. AND JENNIFER DATED AS OF MAY 5, 1987 AT 7:30 A.M. LINDA RINEHART/CM - TITLE OFFICER THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CLTA/ALTA TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VERN EMMERSON AND EDNA EMMERSON, HUSBAND AND WIFE AS JOINT TENANTS THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A CONDOMINIUM AS DEFINED IN SECTION 783 OF THE CALIFORNIA CIVIL CODE IN FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) PAGE 1 «v-cA ORDER NO. 949108-21 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY PORM-WOULD BE AS FOLLOWS: ' . 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED MARCH 10, 1970 AS FILE NO. 43138 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED (NONE SHOWN), UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: H. C. H. fie ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: APRIL 14, 1980 AS FILE NO. 80-125763 OF OFFICIAL RECORDS. f REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, TO AND ALONG SAID RIGHT-OF-WAY BY A PRACTICAL ROUTE OR ROUTES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED FEBRUARY 19, 1981 AS FILE NO. 81-050762 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1 NORTH 68* 34'25" EAST, A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 23"34'25" EAST, A DISTANCE PAGE 2 ORDER NO. 949108-21 OF 18.80 FEET; THENCE NORTH 21'25'35" WEST, A DISTANCE OF 36.71 FEET; THENCE SOUTH 68°34'25" WEST, A DISTANCE OF 5.00 FEET; THENCE. NORTH 21°25'35" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 68"34'25" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 21*25'35" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 68'34'25" EAST, A DISTANCE OF 24.04 FEET; THENCE SOUTH 21'25'35" EAST, A DISTANCE OF 11.25 FEET; THENCE SOUTH 68°34'25" WEST, A DISTANCE OF 13.54 FEET; THENCE SOUTH 21"25I35" EAST, A DISTANCE OF 54.46 FEET; THENCE SOUTH 23°34'25" WEST, A DISTANCE OF 6.07 FEET; THENCE SOUTH 68°34'25" WEST, A DISTANCE OF 19.50 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.023 ACRES, MORE OR LESS. 7. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED MAY 29, 1981 AS FILE NO. 81-167315 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. 8. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WE WILL REQUIRE A STATEMENT OF INFORMATION FROM JOHN A. STEVENSON, JR. (BUYER). NOTE I: ••''-'- THE ONLY FEE CONVEYANCES IN THE PAST SIX (6) MONTHS ARE: NONE PAGE 3 ORDER NO. 949108-21 NOTE II: THIS REPORT JS- PREPARATORY TO THE ISSUANCE OF AN ALTA POLICY OF TITLE INSURANCE. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH-WOULD PRECLUDE THE ISSUANCE OF SAID ALTA POLICY WITH INDORSEMENT NO. 100 ATTACHED. THERE IS LOCATED ON SAID LAND THE FOLLOWING: SINGLE FAMILY RESIDENCE 2914 LA COSTA AVENUE CARLSBAD, CALIFORNIA 1986-1987 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09046 216-300-28-01 $587.50 PAID $587.50 PAID $18,393.00 $88,706.00 $7,000.00 PAGE 4 ORDER NO. 949108-21 LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1; AN UNDIVIDED 1/5TH INTEREST IN AND TO LOT 1 OF CARLSBAD TRACT NO. 79-11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 10, 1980. EXCEPTING THEREFROM LIVING UNITS 1 THROUGH 5, AS SHOWN ON THAT CERTAIN CONDOMINIUM PLAN ENTITLED "PAR FIVE CONDOMINIUMS", RECORDED MAY 29, 1981 AS FILE NO. 81-167314 OF OFFICIAL RECORDS, AND DEFINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MAY 29, 1981 AS FILE NO. 81-167315 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE EXCLUSIVE RIGHT TO USE ALL PATIOS, BALCONIES, GARAGES, CARPORTS, PARKING SPACES AND/OR STORAGES, AS SHOWN ON SAID CONDOMINIUM PLAN. PARCEL 2: UNIT 1, AS SHOWN ON SAID CONDOMINIUM PLAN REFERRED TO IN PARCEL 1 ABOVE. PARCEL 3; THE EXCLUSIVE RIGHT TO USE THE CORRESPONDINGLY NUMBERED PATIO, BALCONY, GARAGE, CARPORT, PARKING SPACE AND/OR STORAGE APPURTENANT TO PARCEL 2 AS SET .FORTH ON THAT CERTAIN CONDOMINIUM PLAN REFERRED TO IN PARCEL 1 ABOVE. PAGE 5