HomeMy WebLinkAboutCT 14-08; WESTIN HOTEL & TIMESHARE; Engineering Application..
• { City of
Carlstiad
" , APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate Information. Write N/Awhen not a.p_p llcable.
Project Name: Lot 9 Develo~ment Westin Hotel and Timeshare Date: 12-20-17
Project Description: Hotel and Timeshare Building
Project Address: The Crossings Drive, Carlsbad, CA
Lot No(s).: 1, 11 & 16 Map No.: 15332 APN(s): 211-023-07 & 212-2
Number of Lots: 3 Number of Acres: 3.14 Disturbed Miles of Trails: NIA
Owner: GRAND PACIFIC RESORTS, INC. Applicant: GRAND PACIFIC RESORTS, INC.
Mailing Address: 5900 PASTEUR COURT, SUITE 200 Mailing Address: 5900 PASTEUR COURT, SUITE 200
CARLSBAD1 CA 92008 CARLSBAD, CA 92008
Phone Number: {760} 827-4121 Phone Number: (760) 827-4121
Fax Number: Fax Number:
E-mail: Harnold@gpresorts.com E-mail: Hamold@gpresorts.com
I certify that I am the legal owner and that all the above
-~ infonnatlon is true and .~--to the best of my knowledge.
SignaturJ\ L H•~L --· J Date: 12--2.1--11 Signaturel\ l -_.,,,,;•t(L / -Date: 11 -'2...'1-rl
jober/ Dentino I T
Civil Engineer: Soils Engineer: Sam Valdez
Finn: Excel Engineering Finn: MTGL, Inc.
Mailing Address: 440 State Place Mailing Address: 6295 Ferris Square, Suite C
Escondido, CA 92029 San Di~o. CA 92121
Phone Number: 760-745-8118 Phone Number: 8§§ 5~7-~999
Fax Number: 760-745-8134 Fax Number: 858 537-3990
E-mail: rdentino@excelengineering.net E-mail: svaldez@mtglinc.com
State Registration Number: 45629 State Registration Number: ACE 56226, RGE 2813
Additional Comments:
This ~elication is for an encroachment ~nnit for eroposed private decorative e!!ving withing the ~blic right of wal.
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
00 Carlsbad Municipal Water District D Olivenhain D Vallecitos
2. 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 16,534 cy fill 9,073 cy remedial 2a,ns cy import cy export 71281 cy
E-23 Page 1 of2 REV 07/14
, ( City of
Carlsbad
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate information Write N/A when not applicable.
APPLICATION FOR
(check all that apply)
D Adjustment Plat (ADJ)
D Certificate of Compliance (CE)
D Dedication of Easement (PR)
Type:
Type:
~ Encroachment Permit (PR)
□ Final Map (FM)
□ Grading Plancheck (DWG)
D Improvement Plancheck (DWG)
D Parcel Map (PM)
D Quitclaim of Easement (PR)
Type:
D Reversion to Acreage (RA)
D Street Vacation (STV)
D Tentative Parcel Map (MS)
D Certificate of Correction (CCOR)
tJ Covenant of Easement (PR)
U Substantial Conformance
Exhibit (SCE)
D Trails D < mile D > mile
D Other
II APPLICATION ACCEPTED BY:
E-23
Project Drawing
I.D. Nurnber
c..-T 1'-f-oY EAG~G"~
CG-
Page 2 of 2
FOR CITY USE ONLY
Deposit /Fees
Paid
2 0 tg,oc.>o\
11
Comments
DATE STAMP
APPLICATION RECEIVED
RECEIVED
JAN O 4 2019
LAND D[\'C:LOPMENT
ENGINEERING
REV 07/14
-
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
SUBDIVISION GUARANTEE
Dated: March 5, 2018 at 7:30 am
Order No.: 00068874-996-SDl-KC
Subdivision Map of: Map No: to come
Consisting of 5 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.
Issuing Office:
2365 Northside Drive, Suite 500
San Diego, CA 92108
Countersigned by:
Title Officer
Subdivision Guarantee Form
CHICAGO TITLE INSURANCE COMPANY
President
~c7jli __
Secretary
Page I
~er No.: 00068874-996-SDI-KC
SCHEDULE A
The map hereinbefore referred to is a subdivision of:
SEE ATTACHED EXHIBIT A
The parties hereinbefore refetred to are:
OWNERS:
The City of Carlsbad, a municipal corporation,
LESSEE:
Grand Pacific Carlsbad, LP., a California limited partnership
TRUST DEED HOLDERS:
ZB, N.A., dba National Bank of Arizona, a National banking association, as beneficiary under Deed
of Trust recorded November 8, 2017 as Instrument No.2017-0523441 Official Records.
EASEMENT HOLDERS:
(I.) The signature of the City of Carlsbad holder of an easement as disclosed by deed recorded
March 25, 2015 as Instrument No.2015-0139956, 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.
(2) The signature of the Carlsbad Municipal Water District, holder of an easement as disclosed by
deed recorded December 15, 2016 as Instrument No.2016-0689244, 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.
(3) The signature of the San Diego Gas & Electric Company, holder of an easement as disclosed by
deed recorded march 9, 20 I 8 as Instrument No.2018-0093 753, 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 2
~er No.: 00068874-996-SD I-KC
EXHIBIT A
PARCEL B AS SHOWN ON BOUNDARY ADJUSTMENT ADJ 16-08 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 15, 2016 AS FILE NO. 2016-
0688818, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PORTION OF LOT 9 OF CITY OF CARLSBAD CT 09-03, ACCORDING TO MAP THEREOF NO. 15902,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 2013, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A MOST EASTERLY CORNER OF SAID LOT 9;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9, SOUTH 71°27'08" WEST, A
DISTANCE OF 335.73 FEET;
THENCE LEA YING SAID SOUTHERLY LINE, NORTH 00°00'17" EAST, A DISTANCE OF 65.23 FEET;
THENCE NORTH 45°00' 17" EAST, A DISTANCE OF 134.38 FEET;
THENCE NORTH 44°59'43" WEST, A DISTANCE OF 135.72 FEET;
THENCE NORTH 12°39'48" EAST, A DISTANCE OF 195.66 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID LOT 9, THE NEXT FOUR (4) COURSES BEING ALONG THE BOUNDARY LINES SAID
LOT9;
THENCE NORTH 79°29'29" EAST, A DISTANCE OF 31.07 FEET TO THE BEGINNING OF A 476.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 69°29'20"
WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 30°52'42", AN ARC LENGTH OF 256.53 FEET;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 43° 27'01" EAST, A DISTANCE OF 54.46 FEET;
THENCE SOUTH 30°26'52" EAST, A DISTANCE OF 117.49 FEET TO THE POINT OF BEGINNING.
APN: 212-271-04
END OF EXHIBIT A
Subdivision Guarantee Form
Page 3
O~r No.: 00068874-996-SDI-KC
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) "land": the land described, specifically or by reference, in this Guarantee and improvements
affixed thereto which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said
land; ,
( c) "date": the effective date;
(d) the "Assured": the party or parties named as the Assured in this Guarantee, or in a
supplemental writing executed by the Company;
(e) "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:
(a) 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.
" (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
(c) 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.
(d) 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 4
--..
~er No.: 00068874-996-SDI-KC
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
3. PROSECUTION OF ACTIONS
(a) The Company shall have the 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 bf this Guarantee whether or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision hereof.
(b) 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 5
-'dcter No.: 00068874-996-SD I-KC
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
6. LIMITATION OF LIABILITY -PAYMENT OF LOSS
(a) The liability of the Company under 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 su6h liability exceed the amount of the liability stated on the face page hereof.
(b) 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.
(c) 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
(d) 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 S$}tisfaction of the Company.
( e) 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 6
-~derNo.: 00068874-996-SDI-KC
GUARANTEE CONDITIONS AND STIPULATIONS
( continued)
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be i¢dressed to it at the office which issued this Guarantee.
I 0. 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 7