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HomeMy WebLinkAboutCT 07-12; OCEAN COLLECTION LOTS 17 & 18; Engineering ApplicationQTY OF CARLSBAD· ENGlNEERJNG DEPARTMENT APPUCATION ENGINEERING Pl.AN CHECK Complete aft appropriate Information. Write N/ A -..hen not applk:able. PROJECT NAME: Bressi Ocean Collection DATE: July 14, 2008 PROJECT DESCRIPTION: PROJECT ADDRESS: LOT NO(S).: MAP NO.: APN(S).: NUMBER OF LOTS: NUMBER OF ACRES: MILES OF TRAILS: OWNER: Bressi Ocean Collection, LLC APPLICANT: Bressi Ocean Collection, LLC Mailing Address: 1280 Bison Ave., #89-609 Mailing Address: 1280 Bison Ave., #89-609 Newport Beach, CA 92660 Newport Beach, CA 92660 Phone Number: 714.567.9260 Phone Number: 714.567 .9260 Fax Number: 714.567 .9269 Fax Number: 714.567.9269 E-Mail: david@urban-west.com E-Mail: david@urban-west.com I certify that I am the legal owner and that all the above information • uc ana '-u"\ect to the best of my knowledge. Sig4-C ' ~e: 8'1?028" Sign ure: C UJ cY ~te:gj,rfe8" p CIVIL ENGINEER: SOILS ENGINEER: FIRM: FIRM: Mailing Address: Mailing Address: Phone Number: Phone Number: Fax Number: Fax Number: E-Mail: E-Mail: State Registration Number: State Registration Number: ADDIDONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) Qcarlsbad Municipal Water District oonvenhain QVallecitos 2. If in the carlsbad Municipal Water District, what is the total cost estimate, induding the 15% contingency fee, for water and reclaimed water improvements, sewer (for carlsbad Municipal Water Disbict only), stree~ public (median) landscape and Irrigation, and drainage improvements (if applicable)? GRADING QUANTITIES cut cy fill cy remedial cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engl.-ring Plan Check Import $ cy export cy Revised 05.01/07 i • r--_:-uvr~•~-~-AD•ENGJNE_ • DEPAR\ .. J" 1 APPUCATION ENGINEERING PLAN CHECK Complete all appropriate Information. Write N/ A when not applk:able. f'OKUTT~ APPUCATION FOR PROJa:1;1 DRAWING DEPOSIT /f'D5 COMMENTS ( ✓ all that apply) LD. NUMBER PAID □ Adjustment Plat (ADJ) □ Certificate of Compliance (CE) □ Dedication of Easement (PR) Type: Type: Type: □ E~chment Permit (PR) r.,~ff fM 01-,2 , _ ..... I c2. ICD -1.9 I , • ~Final Map (FM) - □ Grading Plancheck (DWG) □ Improvement Plancheck (DWG) □ Parcel Map (PM) D Quitclaim of Easement (PR) Type: Type: Type: □ Reversion to Acreage (RA) □ Street vacation (STV) RECEIVED- □ Tentative Parcel Map (MS) SEP 04 2008 □ Certificate of Correction (CC0R) ENGINEERING □ Covenant of Easement (PR) OEPARTMENT □ Substantial Conformance Exhibit (SCE) □ Trails O<mile D> mile □ Other , ... D-;.,Y"V .. .o ... /I APPUCATION ACCEPlED BY: Ln"!! Doozo E1'1V_o s \ Q Y;c, '-----' 0. DATE STAMP APPUCA10N RECEIVED H:IDEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 05/01/07 .. Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 SUBDIVISION GUARANTEE .RE C£n7F.;n Order No.: 930015725-U50 .,t,0[) . ~ "' Fee: $ tic ' • I t\?1[1 Subdivision Map of: ENG/Ne:· __ . 1 /i cl. . A ,1._ , Map No: tic Dated: March 18, 2010 at 7:30 am f1r=p .,.:f::RJNG / 1 M-t. r"'ll-Y • Consisting of 4 Sheets -'~. ARrMENT fj,,J;-t;,~ Jokn C(~C/4... Issued for the benefit and protection of the County of San Diego C. any tty within which said subdivision is located. q 4 V 417 2> {.Q I q After an examination of the Public Records which, under the recording aws, 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: Tom Votel Senior Title Officer Ken Cyr Senior Title Officer Subdivision Guarantee Form CHICAGO TITLE INSURANCE COMP ANY President ~c7f!i_ Secretary Page I Order No.: 930015725-US0 SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED EXHIBIT A The parties hereinbefore referred to are: OWNERS: DEi, LLC, a California limited liability company TRUST DEED HOLDERS: None EASEMENT HOLDERS: 1. The City of Carlsbad, easement holder by a Dedication on Map No. 14960 recorded February 4, 2005. 2. The signature of San Diego Gas and Electric Company, easement holder by deeds recorded April 11, 2005 as File No. 2005-0294004 and 2005-0294021 and September 27, 2007 as File No. 2007- 0630443, all of Official Records, may be omitted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 3. The signature of the City of Carlsbad, easement holders by deeds recorded November 20, 2007 as File No. 2007-0729932, Official Records, may be omitted if the names and the nature of their interest are stated on the Map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. END OF SCHEDULE A Subdivision Guarantee Form Page 2 Order No.: 930015725-US0 EXHIBIT A PARCEL A: LOTS 17 AND 18 OF CARLSBAD TRACT NO. CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO RECORDED OF SAN DIEGO COUNTY, FEBRUARY 4, 2005 AND AS AMENDED BY THE CERTIFICATE OF CORRECTION RECORDED MARCH 1, 2007 AS INSTRUMENT NO. 2007- 0140625 OF OFFICIAL RECORDS. SAID LAND IS ALSO SHOWN AS "PARCEL A" OF EXHIBIT "B" ON CERTIFICATE OF COMPLIANCE FOR ADWSTMENT PLAT RECORDED DECEMBER 20, 2006 AS INSTRUMENT NO. 2006-0902548 OF OFFICIAL RECORDS. PARCELB: A PERPETUAL NON-EXCLUSNE EASEMENT FOR LANDSCAPE, STORM DRAIN, UTILITY AND SIGNAGE, AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS FOR BRESSI RANCH CORPORATE CENTER", RECORDED MARCH 15, 2005 AS INSTRUMENT NO. 2005- 0210897 OF OFFICIAL RECORDS. END OF EXHIBIT A Subdivision Guarantee Form Page 3 Order No.: 930015725-US0 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 Order No.: 930015725-US0 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 of 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 Order No.: 930015725-U50 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 such 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 satisfaction 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 ,,, Order No.: 930015725-US0 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 addressed to it at the office which issued this Guarantee. 10. 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