HomeMy WebLinkAboutMS 2017-0001; PALOMAR OAKS WAY 3 LOT SUBDIVISION; Engineering ApplicationAPPLICATION Development Services Cl ity of ENGINEERING Land Development Engineering Cailsbad.PLANCHECK 1635 Faraday Avenue
760-602-2750
E-23 www.carlsbadca.gov
Complete all appropriate information. Write N/A when not applicable.
Project Name: )39420#13 OAAs 2.47' Date:___________________________
Project Description: L)ñI11 122/itlt'!_cu4Diuisioi.)/11,5- 1 /7- OcX)!
Project Address: /939_19 937 /7'!?_,,.O'2S w&4i
Lot No(s).: Map No.: AN(s): 2/3 -691-04 -09, -
Number of Lots: Number of Acres: t._9't'#4-. Miles of Trails: Zia_ dq&..-.'c
Owner: PiQLDn'ME_i"/riiç ii c. Applicant: 4'I.4A4_42,2L
Mailing Address: Mailing Address: po
5,vAsra e, 94'il
Phone Number: .45 ao"WAflil Phone Number: (/6)_s -' 'g 4'
Fax Number: Fax Number:
E-mail: E-mail:
I certify that I am the legal owner and that all the above 9/eysl4t9f/7/-.'.
information is true and correct to the st of my knowledge. F
Signature: 07a&1ia1 Date: 19&t Pi Signature: Date: 1/747
i/
Civil Engineer: (ecç1 'Z7 0 _4/ / U
Soils Engiheer:
Firm: p '4L/(,f)jA) Firm:
Mailing Address: 2_9///t'/_...$'i4f_ Mailing Address:
Phone Number: (70)73/-_920O Phone Number:
Fax Number: (to)99/- _82O Fax Number:
E-mail: e_-w' ,c'i2 Ci1 E-mail:
State RegistrabnNumber:,€Cé_'320/4' StateRegistrationNumber:
Additional Comments:
IMPROVEMENT VALUATION
What water district is the proposed project located in? (check one)
LI Carlsbad Municipal Water District LI Olivenhain LI Vallecitos
If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
GRADING QUANTITIES
cut cy fill cy remedial _______ cy import _______ cy export cy
E-23 Page 1 of 2 REV 07/14
M S" 7 0/ 1 — 0 00
APPLICATION Development Services City of ENGINEERING Land Development Engineering d PLANCHECK 1635 Faraday Avenue
LLI 760-602-2750
E23 www.carlsbadca.gov
Complete all appropriate information. Write N/A when not aølicable.
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY
Project
I.D.
Drawing
Number
Deposit /Fees
Paid
Comments
El Adjustment Plat (ADJ)
El Certificate of Compliance (CE)
El Dedication of Easement (PR)
Type:
Type:
El Encroachment Permit (PR)
El Final Map (FM)
El Grading Plancheck (DWG)
El Improvement Plancheck (DWG)
El Parcel Map (PM)
El Quitclaim of Easement (PR)
Type:
El Reversion to Acreage (RA)
El Street Vacation (STy)
El Tentative Parcel Map (MS)
El Certificate of Correction (CCOR)
El Covenant of Easement (PR)
El Substantial Conformance
Exhibit (SCE)
El Trails El <mile El > mile
El Other
APPLICATION ACCEPTED BY: DATE STAMP
APPLICATION RECEIVED
REC F lIVED
AUG 09 2017
ENGINEERING
E-23 Page 2 of 2 REV 07/14
® . Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 600, San Diego, CA 92108 (619) 521-3400
SUBDIVISION GUARANTEE
Order No.: 00063434-996-SD 1-RT4
Subdivision Map of:
Tract/PM No:
Dated: December 4, 2018 at 7:30 am Consisting of 8 Sheet(s)
Issued for the benefit and protection of the County of San Diego and any City within which said
subdivision is located.
After an examination of the Public Records which, under the recording laws, impart constructive notice of
matters affecting the title to the land hereinafter described,
CHICAGO TITLE INSURANCE COMPANY
a Missouri corporation
hereby guarantees, for the benefit of said county and city, in a sum not to exceed $1,000.00, that as shown
by said records the only parties having any record title interest in said land, and whose signatures are or
may be required, under the requirements of the Subdivision Map Act of said land and offering for
dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map
are as set forth in Schedule A.
CHICAGO TITLE INSURANCE COMPANY
Issuing Office:
2365 Northside Drive, Suite 600
San Diego, CA 92108
President
Countersigned by:
WE vwmb~—
Secretary
Title Officer
Subdivision Guarantee Form
Mc101-1-ovv t ~
Page 1
RECEIVED
DEC 1 0 2018
LAND DEVELOPMENT
ENGINEERING
I Ord 0.: 00063434-996-SD1-RT4
SCHEDULE A
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED EXHIBIT A
The parties hereinbefore referred to are:
OWNERS:
PALOMAR I, LLC, a Delaware limited liability company
TRUST DEED HOLDERS:
Wilmington Trust, National Association, as trustee, on behalf of the Registered Holders of
Citigroup Commercial Mortgage Trust 2017-P8, Commercial Mortgage Pass-Through Certificates,
Series 2017-P8 as Beneficiary under Deed of Trust Recorded August 15, 2017 as Instrument No.
2017-0369753 Official Records
EASEMENT HOLDERS:
The signature of the Buena Sanitation District, holder of an easement as disclosed by deeds
recorded January 5, 1965 as Instrument No. 1288, Official records of San Diego County has been
omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code, their
interest is such that it cannot ripen into a fee title and said signature is not required by the governing
body.
The signature of the Carlsbad Properties, holder of an easement as disclosed by deeds recorded
April 3, 1974 as Instrument No. 1974-83017, Official records of San Diego County has been
omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code, their
interest is such that it cannot ripen into a fee title and said signature is not required by the governing
body.
The signature of the San Marcos County Water District, holder of an easement as disclosed by
deeds recorded March 4, 1981 as Instrument No. 81-065865, Official records of San Diego County
has been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government
Code, their interest is such that it cannot ripen into a fee title and said signature is not required by
the governing body.
The signature of the San Diego Gas and Electric Company, holder of an easement as disclosed
by deeds recorded February 11, 1982 as Instrument No. 82-038313, Official records of San Diego
County has been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of
Government Code, their interest is such that it cannot ripen into a fee title and said signature is not
required by the governing body.
Subdivision Guarantee Form
Page 2
Ord 0.: 00063434-996-SD 1-RT4
SCHEDULE A
(continued)
The signature of the Costa Real Municipal Water District, holder of an easement as disclosed
by deeds recorded July 12, 1983 as Instrument No. 83-235405, Official records of San Diego
County has been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of
Government Code, their interest is such that it cannot ripen into a fee title and said signature is not
required by the governing body.
The signature of the San Diego Gas and Electric Company, holder of an easement as disclosed
by deeds recorded March 1, 1988 as Instrument No. 88-094140, Official records of San Diego
County has been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of
Government Code, their interest is such that it cannot ripen into a fee title and said signature is not
required by the governing body.
The signature of the City of Carlsbad, holder of an easement as disclosed by deeds recorded
December 7, 1988 as Instrument No. 88-628775, and as dedicated on Map 10198, recorded
September 15, 1981 as Instrument No. 1981-294627, all Official records of San Diego County has
been omitted under the provisions of Section 66436, Subsection (a)(3)(a)(i) of Government Code,
their interest is such that it cannot ripen into a fee title and said signature is not required by the
governing body.
END OF SCHEDULE A
Subdivision Guarantee Form
Page 3
Or 0.: 00063434-996-SD 1-RT4
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT B, BEING ALL OF LOTS 12,13 AND 14, AND A PORTION OF LOT 15 OF CARLSBAD
TRACT NO. 80-38, MAP NO. 10198, AS FILED IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NO. 81-294627, DATED
SEPTEMBER 15, 1981, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 3/4"X 18" IRON PIPE MONUMENT WITH DISC MARKED R. C. E. 18673,
PER MAP NO. 10198. SAID MONUMENT BEING THE NORTHEAST CORNER OF LOT 12 ON
THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY AND ALSO BEING THE
TRUE POINT OF BEGINNING FOR LOT B. RETRACING A PORTION OF THE LOT LINE FOR
LOT 12 AS DESCRIBED ON MAP NO. 10198; THENCE S 03° 39'5 7" W 64.60 FEET TO A POINT
BEING TANGENT TO A 30.00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE
BEARS S 86° 20'03 " E; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 680 15'59", AN ARC DISTANCE OF 35.74 FEET TO A POINT OF TANGENCY;
THENCE S 640 36'02" E 40.08 FEET TO A POINT BEING TANGENT TO A 50.00 FOOT RADIUS
CURVE, A RADIAL LINE OF SAID CURVE BEARS S 25° 23'58" W; THENCE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 360 34'00", AN ARC DISTANCE OF 31.91
FEET TO A POINT OF TANGENCY; THENCE S 280 02'02" E 157.95 FEET; THENCE S 32° 44'07"
W 49.93 FEET; THENCE N 850 40'48" W 276.87 FEET TO A POINT BEING THE CORNER OF LOT
12 AND LOT 13; CONTINUING ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 13 AS
DESCRIBED ON SAID MAP NO. 10198; THENCE S 700 19'20" W 240.70 FEET TO A POINT
BEING THE CORNER OF LOT 13 AND LOT 14; CONTINUING ALONG THE SOUTHERLY
BOUNDARY OF LOT 14 AS DESCRIBED IN SAID MAP NO. 10198; THENCE N 790 47'39" W
226.86 FEET TO A POINT BEING THE CORNER OF LOT 14 AND LOT 15, CONTINUING ALONG
THE SOUTHERLY BOUNDARY OF LOT 15 AS DESCRIBED IN SAID MAP NO. 10198; THENCE
S 890 24'55" W 98.01 FEET; THENCE N 540 34' 18" W 92.87 FEET DEPARTING THE EXISTING
SOUTHERLY BOUNDARY OF LOT 15; THENCE N 290 39'57" E 84.72 FEET; THENCE N 60° 20'
03" W 4.00 FEET; THENCE N 290 39'57" E 42.00 FEET; THENCE N 600 20'03 " W 101.93 FEET;
THENCE N 030 39'57" E 128.22 FEET; THENCE N 120 48'29" E 62.00 FEET TO A POINT OF
TANGENCY ON A PORTION OF A 1535.00 FOOT RADIUS CURVE DESCRIBED AS THE
SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY ON SAID MAP NO. 10198;
FROM SAID POINT A RADIAL LINE WHICH BEARS N 120 4829" E; THENCE ALONG THE ARC
OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 08'32", AN ARC
DISTANCE OF 244.93 FEET TO A POINT OF TANGENCY, CONTINUING ALONG THE
SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY; THENCE S 860 20'03" E 546.97
FEET TERMINATING ON A POINT BEING THE POINT OF TRUE BEGINNING FOR LOT B.
SAID LAND DESCRIBED AS "LOT B" IN THE CERTIFICATE OF COMPLIANCE WITH
CONDITIONS, RECORDED MAY 20, 1992 AS INSTRUMENT NO. 1992-0309737, OF OFFICIAL
RECORDS.
Subdivision Guarantee Form
Page 4
Ord 0.: 00063434-996-SD 1-RT4
EXHIBIT A
(continued)
PARCEL2:
EASEMENTS APPURTENANT TO THE PARCELS DESCRIBED ABOVE GRANTED IN
' ACCORDANCE WITH THE TERMS OF THAT CERTAIN GRANT OF EASEMENTS DATED JULY
29, 1981, EXECUTED BY MITSUI FUDOSAN (U.S.A.), INC., A CALIFORNIA CORPORATION,
DBA PALOMAR AIRPORT BUSINESS PARK, AS OWNER AND BIRTCHER BUSINESS CENTER-
CORPORATE PALOMAR A CALIFORNIA LIMITED PARTNERSHIP, AS GRANTEE RECORDED
AUGUST 4, 1981 AS FILE NO. 81-246287 OF OFFICIAL RECORDS.
PARCEL 3:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS BY VEHICULAR AND
PEDESTRIAN TRAFFIC AND FOR VEHICULAR PARKING AS SET FORTH IN THAT CERTAIN
DOCUMENT ENTITLED "SUPPLEMENT AND RESTATEMENT OF DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MET BIRTCHER-PALOMAR OAKS", RECORDED JULY 15, 1983 AS FILE NO. 83-242801 AND
AS AMENDED BY DOCUMENT RECORDED DECEMBER 1, 1987 AS FILE NO. 87-662067, AND
AS AMENDED BY DOCUMENT RECORDED OCTOBER 7, 1992 AS FILE NO. 1992-0639126 OF
OFFICIAL RECORDS.
END OF EXHIBIT A
Subdivision Guarantee Form
Page 5
Or o.: 00063434-996-SD 1-RT4
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
"land": the land described, specifically or by reference, in this Guarantee and improvements
affixed thereto which by law constitute real property;
"public records": those records which impart constructive notice of matters relating to said
land;
"date": the effective date;
the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
"mortgage": mortgage, deed of trust, trust deed, or other security instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof water rights, claims or title to water.
Title to any property beyond the lines of the land expressly described in the description set
forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which
said land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure
od improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specifically set forth in said description.
Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters
(1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in
no loss to the Assured.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 6
Oraft0.: 00063434-996-SD1-RT4
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
4
3. PROSECUTION OF ACTIONS
The Company shall have th& right at its own cost, to institute and prosecute any action or
proceeding or do any other act which in its opinion may be necessary or desirable to establish
or confirm the matters herein guaranteed; and the Company my take any appropriate action
under the terms of this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision hereof.
In all cases where the Company does so institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give the Company all
reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse
the Assured for any expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable under
this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall
have been determined, and no right of action shall accrue to the Assured under this Guarantee until
thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Guarantee unless action shall be commenced thereon within two years after
expiration of said thirty day period. Failure to furnish such statement of loss or damage or to
commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or compromise for or in the name of the
Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,
or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder
of a mortgage, the Company shall have the option to purchase the indebtedness secured by said
mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall
terminate all liability of the Company hereunder. In the event after notice of claim has been given
to the Company by the Assured the Company offers to purchase said indebtedness, the owner of
such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to
the Company upon.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 7
Or o.: 00063434-996-SDI-RT4
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
6. LIMITATION OF LIABILITY - PAYMENT OF LOSS
The liability of the Compan: ur1er this Guarantee shall be limited to the amount of actual
loss sustained by the Assured because of reliance upon the assurances herein set forth, but in
no event shall such liability exceed the amount of the liability stated on the face page hereof.
The Company will pay all costs imposed upon the Assured in litigation carried on by the
Company for the Assured, and all costs and attorney's fees in litigation carried on by the
Assured with the written authorization of the Company.
No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company
after having received notice of an alleged defect, lien or encumbrance not shown as an
Exception or excluded herein removes such defect, lien or encumbrance within a reasonable
time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in
settling any claim or suit without written consent of the Company
All payments under this Guarantee, except for attorneys fees as provided for in paragraph
6(b) hereof, shall reduce the amount of the liability herein pro tanto, and no payment shall be
made without producing this Guarantee for endorsement of such payment unless the
Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
When liability has been definitely fixed in accordance with the conditions of this Guarantee,
the loss or damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be
entitled to all rights and remedies which the Assured would have had against any person or property
in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to such rights and remedies in the proportion
which said payments bears to the amount of said loss. The Assured if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in
order to perfect such right or subrogation, and shall permit the Company to use the name of the
Assured in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT.
Any action or actions or rights of action the Assured may have or may bring against the Company
arising out of the subject matter hereof must be based on the provisions of this Guarantee. No
provision or condition of this Guarantee can be waived or changed except by a writing endorsed or
attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 8
Ord o.: 00063434-996-SD l-RT4
GUARANTEE CONDITIONS AND STIPULATIONS
(continued)
NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be addressed to it at the office which issued this Guarantee.
The fee specified on the face of this Guarantee is the total fee for title search and examination and
for this Guarantee.
Guarantee Conditions And Stipulations (Revised 12/5/95)
Page 9