HomeMy WebLinkAbout12793; CT 89-35; VISTA SAN MALO; 01-05Wf., THE UNDERSIGNED, BEING ALL THE PARTIES HAVING
RECORDED TITLE INTEREST IN THE LAND COVERED BY THIS
MAP, DO HEREBY CONSENT TO THE PREPARATION AND
RECORDATION OF THIS MAP, CONSISTING OF 5 SHEETS AND
DESCRIBED IN THE CAPTION THEREOF.
Wf. HEREBY GRANT TO THE PUBLIC, LAS FLORES DRIVE AND
TUTTI:.E STREET AS SHOWN ON THIS MAP.
Wf. HEREBY ALSO GRANT TO THE CITY OF CARLSBAD THE
.,_" EASEMENT FOR ACCESS AND GENERAL UTILITIES PURPOSES
OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT 5 AS
SHOWN ON THIS MAP. THIS EASEMENT SHALL BIND THE GRANTOR
AND ITS SUCCESSORS AND ASSIGNS AND THE PRIVATE DRIVE
SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
Wf. HEREBY ALSO GRANT TO THE CITY OF CARLSBAD, LOT 5 AS
SHOWN ON THIS MAP AS AN OPEN SPACE EASEMENT.
Wf. HEREBY WAIVE DIRECT ACCESS RIGHTS TO LAS FLORES
DRIVE AS SHOWN ON THIS MAP.
BY~ £:: c~4..,_,o DATE.· De,!· S 15"\0 • RAY E. ESCANO
BY~x.~DATE: !>EC.~ 1990
NIKI L. ESCANO
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO)
ON .0£(_, l , 1990 BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,
PERSONALLY APPEARED RAY E. ESCANO AND NIKI L. ESCANO
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO
BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED THAT THEY EXECUTED SAME.
~S MY~AND ✓-. ~13 ~ :R\l~~EL.'-&. Cof:\T"S
NOTARY PUBLIC IN AND FOR SAID STATE.
MY COMMISSION EXPIRES /VO l) ~3 f 192'
MY PRINCIPAL PLACE OF BUSINESS IS SAN DIEGO COUNTY.
HAWTHORNE SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA
CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED
21 NOVEMBER 1990 AS D CUME NO. 1990-0627317, OFFICIAL
RECORDS. ;.---,-!:;:'..i;:!::::;=~~---...... ---. 12-1-,0
l)o.,_, '1&°1 ,--, _,_,..'l<tc. \lr,c.~ rl"Ji«.ri-i5•4(,
STATE OF CALIFORNIA)--J.~~:¥~~--.----~~(}21° SS-r,,.
COUNTY OF j. t> S 1/AJ,'sll.t')
ON THIS 7r,4 DAY OF DECEMBER, IN THE YEAR 1990, BEFORE ME,
THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR.SAID COUNTY AND
STA TE, PERSONALLY APPEARED 3:J#0..9 J.11 S J"": ff,E,<'.83 T ,
P0R2VE~TO ME 01-i,JJ,E BASIS OF SATISFACTORY EVIDENCE TO BE THE _CE .c~ESIDStvt AND, ;rE,(,<tJ o/,r'< ~/
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
..SK:Cl(l;-771.A!V OF HAWTHORNE SAVINGS AND LOAN
ASSOCIATION, J( CALIFORNIA CORPORATION, THE CORPORATION THAT
EXECUTED THE WITHIN INSTRUMENT, PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSONS WHO EXECUTED THE
WITHIN INSTRUMENT ON BEHALF OF THE THE CORPORATION HEREIN
NAMED, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION
EXECUTED THE WITHIN INSTRUMENT PURSUANT TO ITS BY-LAWS OR A
RESOLUTION OF ITS BOARD OF DIRECTORS.
WESTERN LAND SURVEYING, INC. WO 1376
MAP NO. 12793
CITY OF CARLSBAD TRACT NO. 89-35
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
TOTAL LOTS = 5 AREA = 1. 21 ACRES
BEING A SUBDIVISION OF A PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
20, 1921; AND, A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID PROPERTY
ON THE WE.ST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941 BY ORDER OF THE BOARD
OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE
COUNTY OF SAN DIEGO.
<i) LANO Su
0~ ~t-i ~
FOR A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THIS SUBDIVISION SEE
CERTIFIED TITLE COMPANY DESCRIPTION AND REPORT ON FILE IN THE OFFICE OF THE
CITY ENGINEER.
~ ED J. HUNEMULLER 0
.....1 L.S.4429 ;:o
• EXPIRES 9/30/93 • ~ ~
THE SUBDIVISION GUARANTEE FOR THIS SUBDIVISION IS FURNISHED BY CHICAGO TITLE -1')) --------~ ~ O,=-CAL\<.; COMPANY, ORDER NO. 915378-51 AND DATED DECEMBER , 1990.
I, KATHRYN A. NELSON, CLERK OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY
THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT
(DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE)
REGARDING (a) DEPOSITS FOR TAXES, AND (b) CERTIFICATION
OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY,
MUNICIPAL AND LOCAL TAXES OR SPECIAL ASSESSMENTS
COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE
BEEN COMPLIED WITH.
KATHRYN A. NELSON
CLERK OF THE BOARD OF SUPERVISORS
DATE: j -J .l.-':J / BY•~I« -t t, ~, lo..£(~ J
DEPUTY
Wf., COUNTY TREASURER-TAX COLLECTOR OF THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND DIRECTOR, DEPARTMENT OF
PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE
ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE
PAID IN FULL, SHOWN BY THE BOOKS OR OUR OFFICES,
AGAINST THE TRACTOR SUBDIVISION, OR ANY PART THEREOF,
SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION
THEREOF.
PAUL BOLAND
COUNTY TREASURER-
DEPUTY TAX COLLECTOR
GRANVILLE M. BOWMAN
DIRECTOR, DEPARTMENT
PUBLIC WORKS DATED: Z-2S-'3/
I, :TAMES ~1"'N1?J/YCITY TREASURER OF THE CITY OF
CARLSBAD, STATE OF CALIFORNIA, HEREBY CERTIFY THAT
THERE ARE NO LIENS FOR UNPAID CITY TAXES OR UNPAID
BONDS ISSUED UNDER ANY IMPROVEMENT ACT OR IMPROVEMENT
BOND ACT OF THE STATE OF CALIFORNIA SHOWING ON THE
BOOKS OF THIS OFFICE, EXCEPT TAXES NOT YET PAYABLE
AGAINST THE TRACT OR SUBDIVISION, OR ANY PART THEREOF,
SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION
THEREOF.
IN WITNESS WHEREOF I H VE S MY HAND TO THIS
__ DAY OF -~C:U.2&:;&,!'.t!:j~"+--, 1991
.:TAMES .STA/tJTO/11 BY:~~~LJ ~_/4~~~~
CITY TREASURER
I, ALETHA L. RAUTENKRANZ, CITY CLERK OF THE CITY OF
CARLSBAD, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE
CITY COUNCIL OF SAID CITY HAS APPROVED THIS MAP OF
CARLSBAD TRACT 89-35 CONSISTING OF 5 SHEETS AND
DESCRIBED IN THE CAPTION THEREOF; AND HAS ACCEPTED ON
BEHALF OF THE PUBLIC, TUTTLE STREET AS DEDICATED ON
THIS MAP, AND HAS EXCEPTED ON BEHALF OF THE CITY OF
CARLSBAD, THE EASEMENT FOR ACCESS AND GENERAL UTILITY
PURPOSES OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT
5 AS GRANTED ON THIS MAP.
IN WITNESS WHEREOF, SAID CITY COUNCIL HAS CAUSED THESE
PRESENTS TO BE EXECUTED BY THE CITY CLERK THIS -,,,IA~
--DAY OF k~Y , 1991
./_. ~-,, ~Y'~ th,:.0.,c ~ (½,..U r-~ L. i2fr~~-c1TY CLERK 71 ·
SHEET 1 OF 5 SHEETS
I, FRED J. HUNEMULLER, A LICENSED LAND SURVEYOR OF THE
STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT THE SURVEY
OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY
DIRECTION BETWf.EN 28 SEPTEMBER 1989 AND 30 APRIL 19"90,
AND THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN
HEREON; THAT MONUMENTS Of THE CHARACTER INDICATED HAVI:
BEEN SET OR FOUND AT THE SUBDIVISION CORNERS. I WILL
SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT TH[
POSITIONS INDICATED BY THE LEGEND IN THIS MAP WITHIN 30
DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS .-
AND THEIR ACCEPT.ANCE BY THE CITY OF CARLSBAD, AND sucw-· C.
MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE
SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2)
~ Ji__/~5/~,.. FREOa. HUNEMULLER DA TE
LS. 4429
EXPIRATION DATE: !1/30/93
I, LLOYD B. HUBBS, CITY ENGINEE~ OF THE CITY OF
CARLSBAD, CALIFORNIA, HEREBY CERTIFY THAT I HAVE
EXAMINED THE ANNEXED MAP OF THIS SUBDIVISION TO BE
KNOWN AS CARLSBAD TRACT NO. 89-35 CONSISTING OF 5
SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAVE
FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT
APPEARED ON THE TENTATIVE MAP AND ANY APPROVED
AL TERA TIONS THEREOF; THAT ALL THE PROVISIONS OF THE
SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, AS
AMENDED, AND ANY LOCAL ORDINANCE OF SAID CITY
APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE
MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT
SAID MAP IS TECHNICALLY CORRECT. I HEREBY APPROVE ANO
RECOMMEND SAID MAP.
LLOYD B. HUBBS
CITY ENGINEER
BY:(_;;;;~~~.P.~'nL.:;l......,...--
889 EXP. 12/31/92
DATE: tJ.~;t -1,,
I, MICHAEL J. HOLZMILLER, SECRETARY TO THE PLANNING
COMMISSION OF THE CITY OF CARLSBAD, HEREBY CERTIFY THAT
THE TENTATIVE MAP Of CARLSBAD TRACT NO. 89-35 HAS BEEH
SUBMITTED TO THE PLANNING COMMISSION FOR REPORT AND
RECOMMENDATION. (l .
~...J~·~olll!Clr~II ~~~Qtldd·~Qa~ ... L..--DAT[: lz/14/-.e,
MICHAEL J. Hb\.zMIL~
SECRETARY OF PLANNING COMMISSION
APPROVED AS TO FORM TH<S /7:I:y Of &,,,J,., 1990
VINCENT F. BIONDO, JR. BY: ._, @ · Q fl-.~
CITY ATTORNEY z /1' t:11 T DATE: I ' ' I~ 0,
FILE NO.
I, VERA L. LYLE, COUNTY RECORDER OF THE COUNTY OF SAN ·
DIEGO, HEREBY CERTIFY THAT I HA VE ACCEPTED FOR
RECORD A TION, THIS ,~P FILED AT ~ OF FREl9 J.
HUNEMULLER, THIS /,.i!,.._ DAY OF ~ , , 1fftr
AT 3~'-17 O'CLOCK 4!-· M. ~. "d.,, ~
VERA L LYLE BY:~-=ce...=c.=...___,_K~· -~--~'1----"--'~-
COUNTY RECORDER dEPUTY -
FEE: $ 13.00 RF
$ 1.00 MF
CALlf. C00RD. INDEX 366-1659
A.P.NJ. 155-160-12
-0
"'
t
-0 "'
LOT 11
_J
LOT 8 I ----------------;
LOT 7
---------
I;
I
I
S 89°25'51' E
LOT 4
B, 318 SQ. FT.
GROSS & NET
106.19'
6 • 87°37'48'
A• 38.50'
L • 58.88'
-------------T -144.oo·
LOT 6
BLOCK 4
MAP 486
WESTERN LAND SURVEYING INC. W.0.1376
I
--.-1 -.J...A4!LFLOAES DRIVE
I
15,236 SQ. FT. GROSS /
4.673 SQ. FT. NET
NIKI LYNN PLACE/
/,
6 • 154°20'02'
A• 38.50'
L • 103.70'
I
I
I
I
I
1 TRACT 4 MAP 1719 1
ROS 12779
I
I
I
I
I
.I
I
I
I
I
I
I
I
S 35°21'48° W
31.64'
MAP NO. 12793
SHEET 2 OF 5 SHEETS
BOUNDARY DIMENSIONS NOTE: SEE RECORD OF SURVEY
MAP NO. 12779 FOR PROCEDURE
OF SURVEY. [I] N aa• 10 · 30 • E 5.00'
[g] L', = 41°47'31"
R = 24.49'
L = 17.86'
[]] S 54°38'12" E 0.44'
[1] S 35°21'48" W 8.00'
[fil L', = 79°03'32"
R = 24.49'
L = 33.79'
(RAD)
BASIS OF BEARINGS
A PORTION OF THE WESTERLY SIDELINE OF TUTTLE STREET
AS SHOWN ON RECORD OF SURVEY MAP NO. 12779,
I.E. S 54°38'12" E. THE BEARINGS SHOWN HEREON ARE
IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6.
QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR
MAY NOT BE IN TERMS OF SAID SYSTEM.
LEGEND
• INDICATES FOUND s·x s· CONCRETE DIV. OF HWYS.
MONUMENT PER CALTRANS RIGHT OF WAY MAP L0-9654
AND RECORD OF SURVEY NO. 12779.
INDICATES FOUND BROKEN s·x s· CONCRETE DIV. OF
HWYS. MONUMENT WITH STEEL NAIL AND BRASS TAG
STAMPED LS 4429 PER RECORD OF SURVEY NO. 12779.
• INDICATES FOUND MONUMENT PER RECORD OF SURVEY
NO. 12779.
0 INDICATES FOUND 3/4" IRON PIPE WITH BRASS DISC
STAMPED LS 4429 PER RECORD OF SURVEY NO. 12779.
RESET WITH 2"X 24" IRON PIPE WITH BRASS DISC
STAMPED LS 4429.
0 INDICATES SET 2"X 24" IRON PIPE WITH BRASS DI9C
STAMPED LS 4429 OR LEAD, TACK AND BRASS DISC
STAMPED LS 4429, WHICHEVER POSSIBLE AFTER
CONSTRUCTION OF IMPROVEMENTS.
----INDICATES SUBDIVISION BOUNDARY
1,5 INDICATES FIRST AND LAST LOT NUMBER RESPECTIVELY
() INDICATES DATA FROM SOURCE NOTED
rrrrn INDICATES ACCESS RIGHTS WAIVED HEREON
(RAD) INDICATES RADIAL BEARING --------------~------------------------
NOTE: A 3/4"X 18" IRON PIPE WITH BRASS DISC STAMPED
LS 4429 OR LEAD, TACK AND BRASS DISC STAMPED
LS 4429 WILL BE SET AT ALL INTERIOR LOT CORNER'S,
INCLUDING FRONT CORNERS, ANGLE POINTS AND POINTS
OF CURVATURE. --------------------·-----------·--
3020S00 ..
SCALE IN FEET
CALIF. COORD. INDEX 366-1659
APN 155-160-12
I g I :: I
11' IIIDE PRIVATE SEIER '""<:c ---1
EASEMENT IIRAHTED AS ---I
COVENANT IE EASEMENT ~ DOC. NO. ~ \-Dot\~ 8 I I AECCRlED I-'Zc.'\ , . . ~ I : I
• g .
0 0
I
I
• I • : I ~~ . -g:
I "'
I
0 0
~
.
0 0
~
• ~
Ill • • 0 0 O 0
0 z
"
S 71'28'25' E· 8.46'
S 49•2e•11• E 10.00'
S 20'46'21' E 11.78'
LOT 1
_ S 89°25'51' E 128.82'
S 54•3e•12• E
LOT 2
S 89•25'51' E 110. 00'
4 -31•15•01•
R • 24.49'
L • 15.93'
/l = 23° 07' 12'
R = 57.50' LOT 3
LOT 4
L = 23.20'
li 77°45'24'_W_
(RAD}
4 -e1•37•4e•
R • 38.50'
L • 58.88'
I
I -
MAP NO.
BOUNDARY DIMENSIONS ~
Ul/
111 N 88°10'30" E
I]) A = 41°47'31'
R = 24.49'
L = 17.86'
Lll S 54° 38' 12' E
ill S 35°21'48" w
!ID A= 79°03'32"
R = 24.49'
L = 33.79'
5.00' (RAD)
S 89"25'51" E 99.65' .
0.44'
8.00'
g:J
;';/ • g,
:;:-I
NOTE: SEE SHEET 2 OF THIS MAP FOR
COMPLETE BOUNDARY DIMENSIONS.
LOT 1
.
0 0 .
0 S 89•25'51' E 6.00'
~
w
• ~ -~ • 0 0
z 0 0
·~ ...
0
"! I 0
U) I
I
jg
Ii
I
.
0 0
l(l -
PRIVATE DRAINAGE I
EASEMENT IIRAHTED AS ~ UJ COVENANT OF EASEMENT PER -=::. --s, "'
DOC.N0.91-P<>':::f10':/S" --I :
RECORDED I -2'\-<i \ -. o !:' gl I"! 0 . I "' o
RI :· z
S 89•25'51' E
LOT 2
S 89•25'51' E
LOT 3
128.82'
s 54•3e•12·c 23.35'
110.00'
S 72• 37 '45'11 (RAD!l --------
4 • 37•1s·o1•
R • 24.49'
L • 15.93'
/l • 23°07'12'
Fl• 57.50'
L = 23.20'
1'! 17~4~24' jL
(RAD}
S ~9•25•51• E 101.22' -----L
~ --------
~;::::====--;s-;8;;;9;;. 2;;;5:;;' 5~1;-, -;E~10;:;6;--. 1;:;9;:-' -_-_-_-_--:.__-;;;;(_ ,..
fl/ i ...
/l • 14•04'06' gJ :;:-
R • 43.50' ~-~
\
LOT 4
L • 10.68' :.,S__z7!._4S•24•
(RAD)-...,.. -l!! LOT !5
. L • 58.88'
1279;3
SHEET 3 OF 5 SHEETS
I
I -------N 00•32'42' E 4.60'
I
I
0
C'l II • .... N 00•32'42" E 4.so,•
144.00'
S 89"25'51" E 233.10'
PRIVATE SEWER EASEMENT
DETAIL
WESTERN LAND SURVEYING INC. W.0.1376
89.10' LI.I ..J <t u en
30 20 so O 30 60 90 ~...----,._____l ...... ----.3
SCALE IN FEET
144.00'
S 89"25'51" E 233.10'
PRIVATE DRAINAGE EASEMENT
DETAIL
89.10'
CALIF. COOAD. INDEX 366-1659
APN 155-160-12
o/ ... Ef/
---g--~"""""' AI6HTS_ro LAS FLORES llAIVE WAIVED HEAEllll.~ "'I a,/ 0 .,,
~I --,-I -....L..aA!=LF.LOAES DR I VE
I -0 "'
I
I
j;
I
I . I 0 0 .
0 0 ('J
I
UJ I • N .., -
N n~ ('J • ·~ 0 0 I z
I
I
I
I I;
I
I
S 11•2e•25• E 8.46'
S 49•2e•11• E 10.00'
S 20•45•21• E 11.78' PORTION OF LAS FLORES
DRIVE AND TUTTLE STREET
-DEDICATED HEREON. LOT 1
12, 364 SQ. FT. GROSS
10,011 SO. FT. NET
S 89°25'51" E 128.82'
S 54°38'12' E 23.35'
LOT 2
8,841 SO. FT.
GROSS & NET
LOT 4
8,318 SQ. FT.
GROSS & NET
A• e7•37•49•
R • 38.50'
L • 58.88'
S 72°37'45' W {RAD) ----------
15,236 SQ. FT. GROSS /
4,673 SO. FT. NET
NIKI LYNN PLACE/
/4,
S 89"25'51" E 233.10'
CITY OF CARLSBAD
UTILITY AND ACCESS EASEMENT
DETAIL
A• 154•20•02•
R • 38.50'
L • 103.70'
S 35"21'48" W
31.64'
WESTERN LAND SURVEYING INC. W.0.1376
MAP NO. 12793
SHEET 4 OF 5 SHEETS
BOUNDARY DIMENSIONS
[!] N ea• 1 o · 30 • E
[g] t, = 41°47'31'
R = 24.49'
L = 17.86'
[fil s 54° 38 · 12· E
~ S 35°21'48' W
[ID t, = 79°03'32'
R = 24.49'
L = 33.79'
5.00' (RAD)
0.44'
8.00'
-0
"' • • ...
UJ ..J <t u
Cl)
-8CALE IN FEET
CALIF. COOR□. INDEX 366-1659
APN 155-160-12
)
----------------------------------------------------------------------------------·--· ····--·-
NOTICE CONCERNINB PROXIMITY
OF Tl£ PLANED OR EXISTINB
INTERSTATE HWY.' !5 TRANSPORTATION CORRIIXII IS)
THIS NOTICE CONCERNING ENVIRONMENTAL IMPACTS IS MADE BY RAYE. ESCANO
AND NIKI L. ESCANO, HEREINAFTER REFERRED TO AS THE "OWNER" IS DEVELOPER OF
CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO,· STATE OF CALIFORNIA.
RECITALS
A. THE PURPOSE OF THIS NOTICE IS TO DISCLOSE TO THE FULLEST EXTENT
POSSIBLE PRESENT AND FUTURE POTENTIAL IMPACTS OF NOISE GENERATED BY ALL
MANNER OF VEHICLES INCLUDING PUBLIC AND PRIVATE VEHICLES WHICH WILL
GENERATE NOISE ANO OTHER ENVIRONMENTAL IMPACTS. PURCHASER ACKNOWLEDGES ANO
ACCEPTS THESE EXISTING ANO FUTURE IMPACTS AND FOREVER WAIVES ANY AND ALL
CAUSES OF ACTION ANO COVENANTS NOT TO SUE THE CITY OF CARLSBAD, ITS
-AGENTS, SERVANTS OR EMPLOYEES AS TO ANY DAMAGES OR INJURIES RESULTING FROM
SAID IMPACTS.
8. THE OWNER IS THE DEVELOPER ANO/OR HOLDER OF THE TITLE TO CERTAIN
REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA,
....MORE FULLY DESCRIBED AS: A PORTION OF TRACT 4 OF LAGUNA MESA TRACTS. IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, .JUNE 20, 1921 ANO A PORTION OF THE EAST HALF OF THE
ALLEY ADJOINING SAID PROPERTY ON THE WEST, AS CLOSED TO PUBLIC USE
JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN
BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO.
C. THE PROPERTY IS LOCATED ADJACENT TO THE INTERSTATE HIN. 5
TRANSPORTATION CORRIDOR (HEREAFTER DESCRIBED AS CORRIDOR) ON WHICH
TRANSPORTATION VEHICLES SUCH AS AUTOMOBILES, TRUCKS. MOTORCYCLES ANO/OR
VEHICLES FOR RAIL ANO TRANSIT ARE PROPOSED TO TRAVa.
0. THE PROPERTY HAS BEEN DEVELOPED IN COMPLIANCE WITH CITY ANO STATE
NOISE CRITERIA WHICH MAY INCLUDE MITIGATION IN THE FORM OF SETBACKS,
EARTHEN BERMS, MASONRY NALLS ANO/OR STRUCTURE UPGRADES.
E. OHR HAS NO CONTROL OVER Tl£ OPERATIONS OF Tl£ CORRIDOR INCLLOING
THE TYPES OF VEHICLES. TRIPS ANO TRAFFIC, NOR THE FREQUENCY OF THE TRIPS.
F. IT IS THE DESIRE OF OWNER TO GIVE NOTICE TO ANY POTENTIAL PURCHASER
OF THE REAL PROPERTY OF ITS PROXIMITY TO THE CORRIDOR ANO THE FACT THAT
PURCHASES MAY BE SUBJECT TO THE IMPACTS OF SAID PROPOSED TRANSPORTATION
CORRIDOR.
NON, THEREFORE, IN LIGHT OF THE ABOVE RECITALS, OWNER DOES. FOR ITSELF,
ANO ITS SUCCESSOR'S ANO ASSIGNS, GIVE THE FOLLOWING NOTICE:
1. OWNER HAS AND SHALL DEVELOP THE PROPERTY IN ACCORDANCE NITH A
SUBDIVISION TRACT/ PARCEL MAP (CT 89-35) APPROVED BY THE CITY OF CARLSBAD,
WHICH APPROVAL INCLUDES THE REQUIREMENT OF THE CITY OF CARLSBAD, THAT THE
DEVELOPMENT OF THE PROPERTY IS CONSISTENT NITH LAND USE & NOISE ELEMENT OF
THE GENERAL PLAN OF THE CITY OF CARLSBAD.
2. THAT OWNER HAS NO IESPONSIBILITY OR CONTROL OVER Tl£ OPERATION OF •
Tl£ CORRIDOR, INCLLOIN8 WITHOUT LIMITATION, THE TYPES OR IUl!ER OF VEHICLES
OPERATIN8 ON THE CORRIDOR,
3. THAT THE VEHICLE OPERATIONS ON Tl£ CORRIDOR MAY CREATE SIGNIFICANT
IMPACTS AFFECTIN8 Tl£ PtllCHASERS, TENANTS ANO OCCll'ANTS OF Tl£ PROPERTY ANO
THAT PtllCHASERS, TENANTS ANO OCCUPANTS OF Tl£ PROPERTY IESIDE TIEE SUBJECT
TO SI6HT ANO SOlNl OF VEHICLE OPERATION.
4. THE PROPER IT SHALL BE HELD. CONVEYED. HYPOTl£CATm, ENCUMBERED,
WSED, RENTED. USED, OCCll'IED ANO IMPROVED SUBJECT TO THIS NOTICE. THIS
NOTICE SHALL llJN IIITH THE PROPERTY AKI SHALL BE BINOIN8 ll'ON ALL PARTIES
HAVING OR ACOOIRING ANY RIGHT, TITLE OR INTEREST IN Tl£ PROPERTY.
5. THE PlllPOSE OF THIS NOTICE IS TO DISCLOSE TO Tl£ FULLEST EXTENT
POSSIBLE PRESENT ANO FUruE POTENTIAL IMPACTS OF NOISE GENERATED BY ALL
MANNER OF VEHICLES INCLlllIN8 PUil.IC ANO PRIVATE VEHICLES WHICH NILL
GENERATE NOISE ANO OTHER ENVIRONMENTAL IMPACTS. PlllCHASER ACKNOIILEOGES ANO
ACCEPTS Tl£SE EXISTING ANO FUrulE IMPACTS ANO FOREVER NAIVES ANY ANO ALL
CAUSES OF ACTION ANO COVENANTS NOT TO SU: Tl£ CITY OF CAII.SBAD. ITS AGENTS.
SERVANTS OR EMPLOYEES AS TO ANY DAMAGES OR INJIJIIES RESULTIN8 FRON SAID
IMPACTS.
IN WITNESS IIHEREOF, THIS DECLARATION OF ~CE OF CORRIDOR TRAFFIC.
ANO SOlH) IS MADE THIS !5 DAY OF O Q be¥ , 1990.
BY: ":-n,'/µ: o( ~
NIKI L. ESCAN0
BY: 1?t, C LftAA..Q;)
RAYE. ESC~■
SIGHT
WESTERN LAND SURVEYING INC. W.0.1376
STATE OF CALIFORNIA ss
CWfTY OF SAN DIEGO
NON-MAP
ON Odob~ I-IS ~/"'1BEFORE ME. TI£ UNDERSIGNED.
A NOTARY PUil.IC IN ANO FOR SAID STATE. PERSONALLY APPEARED
NIKI L. ESCANO ANO RAY E. ESCAN0. PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE TO BE Tl£ PERSONS IIIOSE NAMES ARE
SlllSCRIBEO TO Tl£ WITHIN INSTIUENT AN> ACKNOIILEOGEO THAT
THEY EXECUTED Tl£ SAME.
WITNESS MY HAND.
"~.;..... 41,rc~ .,,t.;ir(.,3
dz_~ ff.~
NOTARY PUil.IC IN ANO FOR SAID STATE.
PRINCIPAL COUNTY: So,,, Di tj 0
DATA
MAP NO. 12793
SHEET 5 OF 5 SHEETS
NOTE -THIS PRO.ECT IS APPROVED ll'ON Tl£ EXPRESS COIIITION THAT
IIUILDIN8 PEIIIITS NILL NOT BE ISSlEl FOR DEVELOPMENT OF Tl£
SUBJECT PROPERTY lK.ESS Tl£ CITY EN8INEER DETERMINES THAT SEIIIIII
FACILITIES ARE AVAILAII.E AT THE TIME OF APPLICATION FOR SUCH
SEIIER PEIIIITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF
OCCUPANCY.
NOTE -PRIOR TO APPROVAL OF THIS MAP, Tl£ SIBlIVIIER SHAU
INSTALL. OR AGREE TO INSTALL ANO SECIJIE IIITH APPR(l'RIATE
SECIJIITY AS PROVIDED BY LAIi, IMPROVEMENTS SHOIIN ON Tl£ TENTATIVE
-MAP AN> Tl£ Fll.LOIIIN8 IMPROVEMENTS TO Tl£ SATISFACTION OF Tl£
CITY EN8INEElt
A. FULL 1/2 "'ST"'IEEa,,.I IIIDTH IMPROVEMENTS INCLll>IN8 Cllll, 6UTTER
AND SIDEWALK ALONB TUTTLE Slll:.EI AMI TAPER INTO EXISTIN8
AC BERM ON TUTTLE Slll:.ET.
B. RELOCATE FIRE HYDRANT ON TUTTLE STREET,
C. PLACE IWHI.E AT eot,f£CTION OF 6° SEWER MAIN WITH B" SEWER
MAIN IN LAS FLORES DRIVE.
D. REPAIR SIDEWALK ALONB FldffABE ON LAS FLORES DRIVE.
CALIF. COORD. INDEX 366-1659
APN 155-160-12
I