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HomeMy WebLinkAboutCT 00-18X1; CANTARINI RANCH - 1ST EXTENSION; Tentative Map (CT)... < CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICAI IONS APt-'Llt:u t-UK: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLYl □ Administrative Permit D Planned Industrial Permit □ Administrative Variance □ Planning Commission Determination □ Coastal Development Permit □ Precise Development Plan □ Conditional Use Permit □ Redevelopment Permit □ Condominium Permit [KJ Site Development PlaR-ri rvs N S/3f ~l/1JX / SD\? ti l-10 ~ ~o □ Environmental Impact Assessment ~ Spec~· I Use Peqit ~ ~ SO ()0-0 ](t~N$"£o ~up oooi k,/ □ General Plan Amendment □ Specific Plan {R] Hillside Development Permit -HbP (JO 01x I □ Ieotati11e earcel Map tt'D? oo-oq e,cT£tJ51orJ Obtain from Engineering Department □ Local Coastal Program Amendment □ Tentative Tract Map □ Master Plan □ Variance □ Minor Conditional Use Permit □ Zone Change □ Non-Residential Planned Development □ List other applications not specified □ Planned Development Permit 2) ASSESSOR PARCEL NO(S).: zoq ~ 010-01 1 02... ______ __.;.. ___________________ _ 3) PROJECT NAME: C AJ-.YiA-1'!.1 '-l l -CT-00 -18 4) BRIEF DESCRIPTION OF PROJECT: \ OS' Lc9"i .. l{'l-ActU. M 1 /0 . "') F-LoTS t t3 o ~._, c.. It F~ 1 '-1' 5) AME (Print or Type) ~1uT-W~St, LL.C UJ.->iiS' (4-o ,4Fi::oi'l.l)A-f!>LIE. Ut-H1S') E-X'f~J..)'5!01'.J ~~~~ST 6) APPLICANT NAME (Print or Type) LADt., .. n4 OES'IC J..J G.:(J.Ouf, 1 ~ e- CA '2L-S¼D , CA . q '20oB I CERTIFY THAT I AM HE LEGAL REPRES NTATIVE OF TH OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AN CORRECT TO E BEST F MY KNOWLEDGE. ~..,...14,;;;~.l.<:.-~--..,L.,_r sjz.4--/ 07 Dt-fE 7) BRIEFLEGALDESCRIPTION Po(L,ioA.J,S" oF-Loi$' ~,'D~E...-r.:?Ptuc.bjo A.t:;uA rt~DtO /..Yb;,\ -f £f2-t1-1 M ..# 82-1 Form 14 Rev. 01 /07 t. PAGE 1 OF .f !JE V 00-0 10 8) LOCATION OF PROJECT: STREET ADDRESS ON .I SIDE OF I Ct) /..,L.rE.4(1. BETWEEN (NORTH, SOUTH, EAST, WEST) I ~ L..-CA y\,\, HJ c.) Y2 iz: ~L- (NAME OF STREET) AND (NAME OF STREET) r (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE ~ 11) NUMBER OF EXISTING r-::::7 12) PROPOSED NUMBER ~ RESIDENTIAL UNITS ~ OF RESIDENTIAL UNITS r.::-:7 1 14) PROPOSED IND OFFICEr-7 15) PROPOSED COMM ~ SQUARE FOOTAGE ~ SQUARE FOOTAGE ~. 17) PROPOSED INCREASE ~ 18) PROPOSED SEWER E_j IN ADT ~ USAGE IN EDU I IBS-I EJ 19) GROSS SITE ACREAGE 1,~~.1~ 20) ~~tTING GENERAL ~ 21) PROPOSED GENERAL ~ ~ PLAN DESIGNATION L£1.:_J 22) EXISTING ZONING PROPOSED ZONING ~ 24) HABITAT IMPACTS ~ . IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. 26) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL USE PEf;M1ff~UN Wf?H THE LAND AND BIND ANY SUCCESSORS IN INTEREST. (j (' -W,M~ ~~, PROPERTY OWNER SIGNATUR FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED Form 14 Rev. 01/07 FEE REQUIRED MAY 2 9 2007 CITY OF CARLSBAD DATE~~~ N:l~M3Ai:ci6'rmcE1vED RECEIVED BY: 4- PAGE 2 OF X ' • CITY OF CARLSBAD LAND USE REVIEW APPLICATI ON l) APPLICATIONS APPLIED FOR: {vHt=vK BUXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY\ □ Administrative Permit D Planned Industrial Permit □ Administrative Variance □ Planning Commission Determination □ Coastal Development Permit □ Precise Development Plan □ Conditional Use Permit □ Redevelopment Permit □ Condominium Permit ~ Site Development~an '51»5' e> I -\0 ~ ,-._;; l-D t-.:) □ Environmental Impact Assessment ~ Special Use Permit~-,(liif.j$ N SoP oo-~q ~ □ General Plan Amendment □ Specific Plan ~ Hillside Development Permit □ Tentative Parcel Map \-\DP oo---o°I, ~fU'SI.ON Obtain from Engineering Department □ Local Coastal Program Amendment □ Tentative Tract Map □ Master Plan □ Variance □ Minor Conditional Use Permit □ Zone Change □ Non-Residential Planned Development □ List other applications not specified □ Planned Development Permit 2) ASSESSOR PARCEL NO(S).: -Zotl -0 1 O -0 l I D '2---~-------'---------------------3) PROJECT NAME: CAµTAf2i I\) 1 • CT-oo-lB 4) BRIEFDESCRIPTIONOFPROJECT: (0> L.e1""'-1(1..-Actl£.. t"l,1#0. S~ Lo'f5 5; 80 fV\DL-n-F-41'4 1L}' 5) WNER NAME (Print or Type ~D LL."t' ~ ft'<. l l'u~ S I L --r1) I CERTIFY THAT I AM THE LEGAL OWNER INFORMATION IS TRUE AND CORRECT KNiEDGE. ~ 1~ SINATURE ' 7) BRIEF LEGAL DESCRIPTION Form 14 Rev. 01 /07 t) tu , 'iS { 40 A-fF_Pi(Ph~l-( () 1-l VT'S") ~~~1');' tD /0 e.~qu f:q THAT ALL THE ABOVE TO THE BEST OF MY DATE , 6) APPLICANT NAME (Print or Type) LADw/~ O~S"ll/.U ~.aou~ I tuc... C t4QL..5Bl8-0,. c~ . q-zooB EMAIL ADDRESS: 3 4 PAGE 'K OF~ L-1°4-F 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I \z ~ ~T SIDE OF L..I """"C~o..;;;;;~;_;:L.;.:_Fz..;....:4=€:=---------____. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN lfL-. Clt\>1-t 1 (\)o r2f'4L AND .._I __ C'_/4...;.._N_N_o __ N ________ ___. (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE If 1 O) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING r:-;-:;-, 11) NUMBER OF EXISTING r-=-]C) 12) PROPOSED NUMBER L..:.!..2.J RESIDENTIAL UNITS ~ OF RESIDENTIAL UNITS r:-""7/ 14) PROPOSED IND OFFICEr-=-J 15) PROPOSED COMM ~ SQUARE FOOTAGE L__j SQUARE FOOTAGE ~ 17) PROPOSED INCREASE C-:7 18) PROPOSED SEWER ~ IN ADT ~ USAGE IN EDU EXISTING GENERAL PLAN PROPOSED ZONING ~ 21) PROPOSED GENERAL ~ PLAN DESIGNATION ~4) HABITAT IMPACTS l..QLl . IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY EJ STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. 26) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL USE PERMz:,:'TH THE LA_ND AND BIND ANY SUCCESSORS IN INTEREST. PROPERT~ O~RE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED Form 14 Rev. 01/07 FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: 4-4- PAGE,z'OF,8" Ci-ty of Carlsbad 1461,1•111141•J4•Efii,114eii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person ls.defined as "Any Individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this docurrient; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO JNDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE. (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part ___________ _ Title ___________ _ Title _____________ _ Address _________ _ Address ___________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership {Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclywowned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) • Person 0A /JI[) f#AgZ.E Y Corp/Part &°1LJ, .... t,µfE'St L l C- Title ___________ _ Title ____________ _ Address 744j 1>14-t;G'U-14-IU St Address ___________ _ CA-ll~~~K}/J, CA r q-io t I 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602•8559 • www.cl.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust._______ Non Profit/Trust ________ _ Title___________ Title ____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) _m_onths? D Yes l'><I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all th~ove information is true and correct to the best of my knowledge. ( (-,V '/:-'lh Signature of owner/date • Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent .H:AOMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of2 Ci-ty of Carlsbad IAFi,i,O,Pi•J4•iilinifi 11 i DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person ls.defined as "Any Individual; firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, clty municipality, district or other polltlcal subdivision or any other group or combination acting as a unit." Agents may slgl"! this document; however, the legal name and entity of the applicant and property owner must be provided below. • 1. APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE, LEGAL names and addresses of Abb persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE. (NIA} IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part. ___________ _ Title ___________ _ Title _____________ _ Address _________ _ Address. ___________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i,e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Luc14 5"1 PfgL Title __________ _ Corp/Part l-/-(!)LL3/ $Pt21J..JC,. s I L-17) · A C'A. Lt"'rrlll> flfUf'~~lfl p Title_. ____________ _ Address 5200 f/1£frz11C1~wA-Y Address ___________ _ C 14-/2l-5~ 4-IJ C 4 . q '2.oo g 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602•8559 • www.cl.carlsbad.ca.us @ I 'I • 3. NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to {1) or (2) above Is a nonprofit organization or a trust, list the names and addresses of m person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust._______ Non Profit/Trust. ________ _ Title___________ Title ____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ISi No If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of own2er/dae Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent _H:AOMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of2 \ . CHICAGO TITLE COMPANY PRELIMINARY REPORT Reference: CANTARINI LOT LINE ADJ Dated as of: April 25, 2007 Order No.: 23066932 -USO at 7:30AM CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the !and and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: AMERICAN lAND TITLE ASSOCIATION LOA~ EXTENDED COVERAGE POLICY Visit Us On The Web: Chicago Title.corn Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521-3500 Fax: (619)521-3608 Torn Votel / Ken Cyr TITLE OFFICER @ RECEIVED PFP --08/05/99bk MAY 2 4 2007 LADWIG DESIGN GR v'o4-f" SCHEDULE A Order No: 23066932 USO Your Ref: CANTARI NI LOT LI NE ADJ 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCELS 1 AND 2; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCELS 2, 3, 4 AND 6 2. Title to said estate or interest at the date hereof is vested in: BENT-WEST, LLC, AS TO PARCELS 1, 2, 3 AND 4 AND HOLLY SPRINGS, LTD., A CALIFORNIA LIMITED PARTNERSHIP, AS TO PARCELS 5 AND 6 3. The land referred to in this report is situated in the State of California, County of SAN D I EGO and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/31/97bk Page 1 DESCRIPTION Order No. 23066932 PARCEL 1: (APN NO.: 209-070-01 AND 02) PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS FILE NO. 2007-0205872, BEING THOSE PORTIONS OF LOTS "B", "D" AND "E" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF COLLEGE BOULEVARD, 102.00 FEET WIDE, WITH THE NORTHEASTERLY LINE OF CARLSBAD TRACT NO. 83-36 ACCORDING TO MAP THEREOF NO. 11242 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 23, 1985 AS FILE NO. 85-183223 OF OFFICIAL RECORDS, SAID CENTERLINE HAVING A COURSE OF NORTH 22°55'15" EAST 957.43 FEET AS SHOWN ON RECORD OF SURVEY MAP NO. 17348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 2002 AS FILE NO. 2002-0308511 OF OFFICIAL RECORDS (NORTH 22°49'22" EAST 957.16 FEET RECORD PER MAP NO. 11242); THENCE, CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID CENTERLINE OF COLLEGE BOULEVARD, NORTH 22°55'15" EAST 379.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 630.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°47'55" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DOCUMENT NOS. 89-561719 AND 2001-0167132 RECORDED OCTOBER 17, 1989 AND MARCH 22, 2001, RESPECTIVELY, IN OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTHERLY AND NORTHWESTERLY 522.46 FEET ALONG SAID CURVE AND CENTERLINE OF COLLEGE BOULEVARD THROUGH A CENTRAL ANGLE OF 21°22'55"; THENCE NORTH 24°15'35" WEST 249.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE NORTHWESTERLY 779.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°19'27"; THENCE NORTH 46°35'02" WEST 381.96 FEET; THENCE, LEAVING SAID CENTERLINE OF COLLEGE BOULEVARD, NORTH 53°21'51" EAST 352.46 FEET; THENCE NORTH 54°34'45" EAST 101.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 630.00 FEET; THENCE EASTERLY 646.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°47'19"; THENCE SOUTH 66°37'56" EAST 246.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 470.00 FEET WHICH IS ALSO TANGENT TO A LINE THAT IS PARALLEL WITH AND DISTANT 30.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT "E" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 AND SOUTHERLY LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 1995-0100176 RECORDED MARCH 9, 1995 IN OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY NO. 7918 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1974, SAID DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918 ARE COLLECTIVELY HEREINAFTER REFERRED TO AS REFERENCE NO. 1; THENCE SOUTHEASTERLY AND EASTERLY 187.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°48'59"; THENCE SOUTH 89°26'55" EAST 300.78 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY 39.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'28"; THENCE SOUTH \ 82°38'27" EAST 233.40 FEET TO SAID SOUTHERLY LINE OF LOT "E" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1; THENCE SOUTH 89°26'55" EAST 678.35 FEET ALONG SAID SOUTHERLY LINE TO THE CORNER COMMON TO SAID LOTS "B", "D" AND "E"; THENCE SOUTH 89°26'55" EAST 469.46 FEET ALONG THE SOUTHERLY LINE OF SAID LOT "D" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1 TO A POINT DISTANT NORTH 89°26'55" WEST 1073.97 FEET FROM THE SOUTHEAST CORNER OF SAID LOT "D" AND SOUTHEAST CORNER OF SAID REFERENCE NO. 1; THENCE, LEAVING SAID SOUTHERLY LINE, NORTH 02°24'17" EAST 41.76 FEET; THENCE SOUTH 80°25'24" EAST 96.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY 91.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'20" TO SAID SOUTHERLY LINE OF LOT "D" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1; Page 2 DESCRIPTION OrderNo. 23066932 THENCE SOUTH 89°26'55" EAST 890.19 FEET TO SAID SOUTHEAST CORNER; SAID SOUTHEAST CORNER ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1 DESCRIBED IN DOCUMENT NO. 89-561719 AND 2001-0167132; THENCE, FOLLOWING THE BOUNDARY OF .SAID PARCEL 1, SOUTH 20°20'08" WEST 2268.50 FEET TO THE SOUTHEAST CORNER OF PARCEL 1; THENCE, CONTINUING ALONG SAID BOUNDARY, NORTH 81°36'39" WEST 1193.96 FEET; THENCE NORTH 81°34'45" WEST 1275.62 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES PURPOSES OVER A PORTION OF LOT B, RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTERLINE OF SAID 60 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 13 OF LOT 3 OF SAID RANCHO AGUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY MAP NO. 6617, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LOT B, SOUTH 0°15'51" WEST 1092.74 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 87°24'49" EAST 30.03 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE NORTH 0°15'51" EAST 744.00 FEET; THENCE SOUTH 89°44'09" EAST 126.74 FEET TO THE BEGINNING OF A TANGENT 960 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 379.61 FEET THROUGH A CENTRAL ANGLE OF 22°39'01"; THENCE TANGENT TO SAID CURVE SOUTH 67°05'08" EAST, 1253.05 FEET TO THE SOUTHEASTERLY TERMINUS OF SAID CENTERLINE, BEING ALSO THE EASTERLY LINE OF THAT PARCEL OF LAND AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 6617. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN QUITCLAIM DEED RECORDED SEPTEMBER 7, 1995 AS FILE NO. 1995-0398032 OF OFFICIAL RECORDS. SAID EASEMENT HAS BEEN MODIFIED BY INSTRUMENT ENTITLED EASEMENT MODIFICATION AGREEMENT RECORDED SEPTEMBER 7, 1995 AS FILE NO. 1995-0398031 OF OFFICIAL RECORDS, WHICH RECITES IN PART: "BY THIS EASEMENT MODIFICATION AGREEMENT, BANNING T. CANTARINI, TRUSTEE OF THE BANNING AND CAROL CANTARINI TRUST DATED AUGUST 13, 1982, AS AMENDED, ET AL, HEREBY AGREE THAT THE EASEMENTS DESCRIBED ON EXHIBIT "A" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE ARE HEREBY MODIFIED TO RESTRICT INGRESS AND EGRESS TO THE THREE (3) EXISTING PRIVATE RESIDENCES AND FOR USE FOR AGRICULTURAL PURPOSES ON THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE." PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET WIDE LYING WITHIN LOT "E" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE EASTERLY AND SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LNE OF SAID LOT "E", NORTH 00°11'00" WEST 1509.15 FEET AND NORTH 00°06'00" WEST 155.43 FEET TO THE MOST NORTHERLY CORNER OF Page 3 DESCRIPTION Order No. 23066932 THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL, RECORDED AUGUST 4, 1965 AS FILE NO. 1965-139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE ALONG THE BOUNDARY OF SAID LAND, RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E" SOUTH 00°06'00" EAST 155.43 FEET AND SOUTH 00°11 '00" EAST 164.57 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29°27'22" WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682. THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID ROAD SURVEY NO. 682. SAID EASEMENT HAS BEEN MODIFIED BY INSTRUMENT ENTITLED EASEMENT MODIFICATION AGREEMENT RECORDED SEPTEMBER 7, 1995 AS FILE NO. 1995-0398031 OF OFFICIAL RECORDS, WHICH RECITES IN PART: "BY THIS EASEMENT MODIFICATION AGREEMENT, BANNING T. CANTARINI, TRUSTEE OF THE BANNING AND CAROL CANTARINI TRUST DATED AUGUST 13, 1982, AS AMENDED, ET AL, HEREBY AGREE THAT THE EASEMENTS DESCRIBED ON EXHIBIT "A" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE ARE HEREBY MODIFIED TO RESTRICT INGRESS AND EGRESS TO THE THREE (3) EXISTING PRIVATE RESIDENCES AND FOR USE FOR AGRICULTURAL PURPOSES ON THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE." PARCEL 4: AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT B, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: A STRIP OF LAND 30.00 FEET IN WIDTH THE WEST LINE OF SAID LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT NO. 13 OF LOT E OF SAID RANCHO AGUA HEDIONDA AS SHOWN ON RECORD OF SURVEY NO. 6617 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1975; THENCE ALONG THE WEST LINE OF SAID LOT B, SOUTH 00°15'19" WEST 00°15'51" WEST, 1092.74 FEET PER RECORD OF SURVEY NO. 6617) TO THE SOUTHWEST CORNER OF SAID RECORD OF SURVEY NO. 6617; THENCE LEAVING SAID WEST LINE ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY SOUTH 87°25'15" EAST SOUTH 87°24'49" EAST PER RECORD OF SURVEY NO. 6617), 60.05 FEET TO THE SOUTH TERMINUS OF THE EAST SIDELINE OF THAT CERTAIN 60.00 FOOT EASEMENT DESCRIBED IN EASEMENT DEED TO JOSEPH L. CANTARINI, ET-AL RECORDED JANUARY 9, 1969 AS FILE NO. 4773 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE PARALLEL WITH SAID WEST LINE AND 60.00 FEET EAST, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE, NORTH 00°15'19" EAST, 775.22 FEET TO THE NORTH SIDE LINE OF THAT CERTAIN 60.00 FOOT EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES PURPOSES DESCRIBED IN SAID DEED TO CANTARINI ET-AL AND THE POINT OF TERMINUS. THE EASTERLY SIDELINE OF SAID 30.00 FOOT STRIP IS TO BEGIN IN THE SOUTH LINE OF SAID RECORD OF SURVEY NO. 6617 AND TERMINATE IN THE SOUTH SIDELINE OF SAID 60.00 FOOT EASEMENT DESCRIBED IN DEED TO JOSEPH L. CANTARINI ET-AL. EXCEPTING FROM THE ABOVE DESCRIBED 30.00 FOOT STRIP ANY PORTION THEREOF Page 4 DESCRIPTION Order No. 23066932 DESCRIBED IN SAID DEED TO JOSEPH L. CANTARINI ET-AL. NOTE: THE INSTRUMENT GRANTING SAID EASEMENT RECITES IN PART: "THE EASEMENT GRANTED THEREIN IS RESTRICTED TO INGRESS AND EGRESS TO THE THREE (3) EXISTING PRIVATE RESIDENCES AND FOR USE FOR AGRICULTURAL PURPOSES ON THE REAL PROPERTY DESCRIBED IN EXHIBIT "B" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE." PARCEL 5: PARCEL D OF OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS FILE NO. 2007-0205875, OFFICIAL RECORDS, BEING THOSE PORTIONS OF LOTS "E" AND "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DOCUMENT NO. 1995-0100176 RECORDED MARCH 9, 1995 IN OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY NO. 7918 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1974; THENCE NORTH 34°43'32" EAST 664.30 FEET (NORTH 34°43'55" EAST 664.30 FEET RECORD PER DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918, WHICH ARE COLLECTIVELY HEREINAFTER REFERRED TO AS REFERENCE NO. 1); THENCE LEAVING THE WESTERLY LINE OF REFERENCE NO. 1, SOUTH 84°25'10" EAST 394.34 FEET; THENCE SOUTH 15°47'25" EAST 320.23 FEET TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 630.00 FEET, CONCAVE SOUTHERLY, A RADIAL THROUGH SAID POINT BEARS NORTH 05°56'44" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°28'31" AN ARC DISTANCE OF 324.10 FEET; THENCE SOUTH 54°34'45" WEST 101.24 FEET; THENCE SOUTH 53°21'51" WEST 352.46 FEET TO A POINT ON THE CENTERLINE OF COLLEGE BOULEVARD, 102.00 FEET WIDE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, NORTH 46 ° 35 I 02 II WEST 265. 86 FEET TO THE SOUTH ERL y LI NE OF SAID LOT II E" OF RANCH.O AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823; THENCE LEAVING SAID CENTERLINE OF COLLEGE BOULEVARD, SOUTH 89°26'55" EAST 0.29 FEET ALONG SAID SOUTHERLY LINE OF LOT "E" TO THE POINT OF BEGINNING. PARCEL 6: A NON-EXCLUSIVE EASEMENT TO USE THE EXISTING, UNIMPROVED ROAD WITHIN THAT PORT I ON OF LOT "E" OF RANCHO AGUA HEDI ONDA, IN THE C ITV OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF LOT "D" OF RANCHO AGUA HEDIONDA PER SAID MAP NO. 823 AS SHOWN ON RECORD OF SURVEY MAP NO. 7918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 10, 1974; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "D", NORTH 89°26'32" WEST, 1,543.43 FEET TO THE MOST EASTERLY CORNER OF SAID LOT "E"; THENCE ALONG A PORTION OF THE BOUNDARY OF SAID LOT "E", NORTH 89°26'32" WEST 2,831.42 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2, IN DEED TO WESTERN LAND AND DEVELOPMENT COMPANY, RECORDED MARCH 2, 1971 AS FILE NO. 38810 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF LAND OF WESTERN LAND AND DEVELOPMENT COMPANY AS FOLLOWS: NORTH 34°43'55" EAST, 664.30 FEET (RECORD-NORTH 34°44'03" EAST 663.15 FEET) TO AN ANGLE POINT THEREIN AND NORTH 15°54'30" WEST (RECORD-NORTH 15°54'25" WEST) 148.01 Page 5 DESCRIPTION Order No. 23066932 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 2 NORTH 15°54'30" WEST 482.44 FEET TO THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO OCEANSIDE-CARLSBAD UNION HIGH SCHOOL DISTRICT, RECORDED NOVEMBER 27, 1970 AS FILE NO. 216959 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID SCHOOL DISTRICT'S LAND AS FOLLOWS: NORTH 53°22'00" EAST (RECORD NORTH 53°22'17" EAST) 300.00 FEET; THENCE LEAVING SAID SCHOOL DISTRICT'S LAND; SOUTH 27°10'12" EAST 610.78 FEET; THENCE SOUTH 75°35'00" WEST 400.00 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page 1 Order No: 23066932 USO Your Ref: CANTAR IN I LOT LI NE ADJ At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE PREB -10/31 /97 bk LEVIED FOR THE FISCAL YEAR 2007-2008 THAT ARE A LIEN NOT YET DUE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $43,234.58 PAID $43,234.58 PAID NONE 09162 209-070-01 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $152.32 PAID $152.32 PAID NONE 09013 209-070-02 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $8,847.30 OPEN (DELINQUENT) $884.73 (DUE AFTER DECEMBER 10) $8,847.30 OPEN (DELINQUENT) $894.73 (DUE AFTER APRIL 10) NONE 09162 209-060-60 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007. 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $2,543.53 PAID $2,543.53 PAID NONE 09013 168-050-07 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS Page 2 SCHEDULE B ( continued) Order No: 23066932 U50 YourRef: CANTARINI LOT LINE ADJ COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007. 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $10,217.53 PAID $10,217.53 PAID NONE 09013 168-050-51 B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS w X OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. ORIGINAL ITEMS 3 THROUGH 19 INCLUSIVE INTENTIONALLY OMITTED. NEW ITEMS: MATTERS AFFECTING PARCELS 1, 2, 3 AND 4: AB 3. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN COLLEGE BOULEVARD. Ac 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO· AS SET FORTH IN A DOCUMENT PURPOSE: RECORDED: AFFECTS: POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES OCTOBER 3, 1951. IN BOOK 4252, PABE 595 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AD 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PRELIMBC-9/Z3/93bk SET FORTH IN A DOCUMENT PURPOSE: RECORDED: AFFECTS: POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES JANUARY 21, 1960 AS FILE NO. 12781, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Page. 3 SCHEDULE B ( continued) Order No: 23066932 USO Your Ref: CANT AR I N I LOT LI NE ADJ AE 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS OCTOBER 7, 1971 AS FILE NO. 231011, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AF 7. ANY BOUNDARY DISCREPANCIES OR RIGHTS WHICH MAY EXIST OR ARISE BY REASON OF A MAP OF SURVEY OF SAID PROPERTY, WHICH WAS RECORDED IN RECORD OF SURVEY MAP NO. 517 OF RECORD OF SURVEY. AG 8. ANY BOUNDARY DISCREPANCIES OR RIGHTS WHICH MAY EXIST OR ARISE BY REASON OF A MAP OF SURVEY OF SAID PROPERTY, WHICH WAS RECORDED IN RECORD OF SURVEY MAP NO. 13994 OF RECORD OF SURVEY. AH 9. NOTE: A CERTIFICATE OF COMPLIANCE WITH CONDITIONS AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED SEPTEMBER 9, 1992 AS FILE NO. 1992-0572998, OFFICIAL RECORDS. REFERENCE IS MADE·TO SAID DOCUMENT FOR FULL PARTICULARS. Al 10. TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "PROTEST WAIVER AGREEMENT" RECORDED SEPTEMBER 7, 1995 AS FILE NO. 1995-398034 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AJ 11. THE FACT THAT SAID LAND IS SHOWN ON RECORD OF SURVEY MAP NO. 17348 FILED IN RECORDER'S OFFICE APRIL 12, 2002 AS FILE NO. 2002-0308509, OFFICIAL RECORDS. AK 12. A DOCUMENT ENTITLED "LOT LI NE ADJUSTMENT AGREEMENT", . DATED JANUARY 27, 2006 EXECUTED BY AND AMONG THE BENTLEY-MONARCH JOINT VENTURE, ET AL, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 21, 2006 AS FILE NO. 2006-0279842, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AL 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: PRELIMBC-9/23/93bk THE CITY OF CARLSBAD PUBLIC STREET AND PUBLIC UTILITY MARCH 27, 2007 AS FILE NO. 2007-0205881, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Page 4 SCHEDULE B ( continued) Order No: 23066932 U50 YourRef: CANTARINI LOT LINE ADJ AM 14. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY y DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: JANUARY 27, 2006 THE BENTLEY-MONARCH JOINT VENTURE, DAVID M. BENTLEY, JOINT VENTURE/MANAGING PARTNER, AND MAGGIE R. BENTLEY, JOINT VENTURE FIRST AMERICAN TITLE INSURANCE COMPANY DARTFORD INVESTMENTS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY MARCH 27, 2007 AS FILE NO. 2007-0205892, OF OFFICIAL RECORDS MATTERS AFFECTING PARCELS 5 AND 6: AN 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT INGRESS AND EGRESS JANUARY 4, 1963 AS FILE NO. 1851 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. Ao 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT PIPELINE OR PIPELINES JANUARY 1, 1963 AS FILE NO. 1852 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. o 17. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PRELIMBC-9/23/93bk SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS OCTOBER 7, 1971 AS FILE NO. 231011, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. Page 5 SCHEDULE B ( continued) Order No: 23066932 U50 Your Ref: CANTAR IN I LOT LI NE ADJ AQ 18. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1", DATED SEPTEMBER 23, 1993 EXECUTED BY ALLAN 0. KELLY AND KATHERINE M. KELLY, CO-TRUSTEES, KELLY FAMILY TRUST NO. 1 DATED JULY 17, 1979 AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED ~OVEMBER 3, 1993 AS FILE NO. 1993-0738090 OF OFFICIAL RECORDS. AR 19. RECORD OF SURVEY MAP NO. 7918, WHICH DISCLOSES VARIANCES FROM THE RECORD LEGAL DESCRIPTION OF SAID LAND. As REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. M 20. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: SEPTEMBER 7, 1995 AS FILE NO. 1995-0398034 OF OFFICIAL RECORDS. AU 21. A DOCUMENT ENTITLED "ABSTRACT OF OPTION AGREEMENT", DATED AUGUST 31, 1999 EXECUTED BY OPTIONOR: HOLLYSPRINGS, LTD., A CALIFORNIA LIMITED PARTNERSHIP AND OPTIONEE: BENTLEY EQUITY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED DECEMBER 10, 1999 AS FILE NO. 1999-0804077, OF OFFICIAL RECORDS. AFEECTS A PORTION OF SAID LAND. AV REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. A DOCUMENT ENTITLED "RIGHT OF REMOVAL AGREEMENT", DATED NOVEMBER 9, 1995 EXECUTED BY CARLSBERG RANCHO, LTD., A CALIFORNIA LIMITED PARTNERSHIP AND DEUTSCHE FINANCIAL SEVICES CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED DECEMBER 12, 1995 AS FILE NO. 1995-0563757, OFFICIAL RECORDS. A TERMINATION OF RIGHT OF REMOVAL AGREEMENT RECORDED JANUARY 28, 2000 AS FILE NO. 2000-0045448, OF OFFICIAL RECORDS. H 23. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF PRELIMBC-9/23/93bk CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1", DATED APRIL 23, 1996 EXECUTED BY CARLSBAD RESIDENTS ASSOCIATION AND ABRAHAM KEH AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 12, 1996 AS FILE NO. Page 6 SCHEDULE B ( continued) Order No: 23066932 USO Your Ref: CANTAR IN I LOT LI NE ADJ 1996-0351885, OFFICIAL RECORDS. G 24. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1", DATED ARPIL 23, 1997 EXECUTED BY RANCHO CARLSBAD PARTNERS, A GENERAL PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 14, 1997 AS FILE NO. 1997-0575067, OFFICIAL RECORDS. F 25. A DOCUMENT ENTITLED "CABLE TELEVISION BULK BI LLI NG AGREEMENT AND GRANT OF EASEMENT", ENTERED INTO AS OF JANUARY 1, 1998 EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND RANCHO CARLSBAD PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED DECEMBER 12, 1997 AS FILE NO. 1997-0631753, OFFICIAL RECORDS. c 26. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED NOVEMBER 4, 1997 EXECUTED BY RANCHO CARLSBAD PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 4, 1998 AS FILE NO 1998-0055997, OFFICIAL RECORDS. J 27. A DOCUMENT ENTITLED "MEMORANDUM OF TENANCY-IN-COMMON AGREEMENT", DATED OCTOBER 31, 2000 EXECUTED BY CARLSBERG RANCHO, LTD., A CALIFORNIA LIMITED PARTNERSHIP, BROOKVALE TERRACE BUILDING COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND OAK SHADOWS BUILDING COMPANY, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED DECEMBER 21, 2000 AS FILE NO. 2000-0699590, OFFICIAL RECORDS. AV 28. A DOCUMENT ENTITLED "AGREEMENT AND GRANT OF EASEMENT", DATED FEBRUARY 27, 2002 EXECUTED BY STATE OF CALIFORNIA, ACTING BY AND THROUGH THE EXECUTIVE DIRECTOR OF THE WILDLIFE CONSERVATION BOARD, DEPARTMENT OF FISH AND GAME, HEREINAFTER CALLED STATE AND HOLLY SPRINGS, LTD., A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 22, 2002 AS FILE NO. 2002-0432592 OF OFFICIAL RECORDS. AZ 29. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN PRELIMBC-9/23/93bk $1,000,000.00 JULY 26, 2005 HOLLY SPRINGS, LTD., A CALIFORNIA LIMITED PARTNERSHIP TEMECULA VALLEY BANK TEMECULA VALLEY BANK AUGUST 11, 2005 AS FILE NO. 2005-0686351, OFFICIAL RECORDS Page 7 Order No: 23066932 U50 NUMBER: SCHEDULE B ( continued) Your Ref: CANTAR IN I LOT LI NE ADJ 88001156 BA 30. A DOCUMENT ENTITLED "LOT LI NE ADJUSTMENT AGREEMENT", DATED JANUARY 27, 2006 EXECUTED BY AND AMONG HOLLY SPRINGS, LTD., A CALIFORNIA LIMITED PARTNERSHIP, ET AL, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 21, 2006 AS FILE NO. 2006-0279842, OFFICIAL RECORDS. BB 31. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: R END OF SCHEDULE B T MM PRELIMBC-9/23/93bk 1AMEND/JRS 2AMEND/JRS 3AMEND/JRS 4AMEND/JRS 5AMEND/JRS 6AMEND/JRS 7AMEND/JRS 8AMEND/JRS CITY OF CARLSBAD PUBLIC STREET AND PUBLIC UTILITY MARCH '·27, 2007 AS FI LE NO. 2007 -0205882, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. AGN --08/14/06 AA CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville,FL 32204 If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACYT --10/21/03 AA