HomeMy WebLinkAboutSDP 92-08; BELLEFLEUR VINEYARDS; Site Development Plan (SDP)The HARRISON COMPANY
CONSTRUCnON/DEVELOPMENTMANAGEMENT
STEPHEN M. HARRISON
5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008
Office: (619) 431-5600 Pager: (619) 494-7708 Fax: (619) 431-9020
• -•
SEP 2 8 1992
STEWART TITLE COMPANY OF SAttfttF§, C!U1~ .. f.:i[tt~A~l
7676 HAZARD CENTER DRIVE 7TH F:J,~~~,-.~~ft•~(} E_)~~~:rf.
SAN DIEGO, CALIFORNIA 92108 !J...: wU'-'""'•''lis • •
(619) 692-1600
(619) 436-3002 (619) 743-3821
PRELIMINARY TITLE REPORT
SEPTEMBER 17, 1992
CARLTAS COMPANY
5600 AVENIDA ENCINAS
CARLSBAD, CA 92009
ATTENTION: STEVE HARRISON
YOUR NO. BELLEFLEUR WINERY
OUR NO. 10-120831
LOAN REF:
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND 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 HEREIN. COPIES OF THE POLICY
FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF SEPTEMBER 15, 1992 AT 7:30 A.M.
•
-THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
10-120831
REPORT
( )
)
( )
)
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
10-120831
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT "H" 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, NOVEMBER 16, 1892, AS SHOWN
ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS
FILE NO. 89-704916 OF OFFICIAL RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY MAP
NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70°46'03"
WEST 582.98 FEET (RECORD SOUTH 70°45'53" WEST 582.66 FEET) TO
THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 21°23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAID
CURVE NORTH 87°50'18" WEST (RECORD NORTH 87°50'28" WEST) 2069.16
FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR
AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE CONTINUING ALONG
THE BOUNDARY THEREOF, NORTH 2°09'22" EAST 177.14 FEET (RECORD
NORTH 2°09'37" EAST 177.29 FEET) TO THE BEGINNING OF A TANGENT
643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY,
NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 79•59•43u A DISTANCE OF 897.71 FEET (RECORD 79°58'45",
897.56 FEET); THENCE TANGENT TO SAID CURVE NORTH 77°50'21" WEST
99.98 FEET (RECORD 100.00 FEET) TO THE BEGINNING OF A TANGENT
557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 55°20'50" A DISTANCE OF 538.07 FEET; THENCE TANGENT TO
SAID CURVE NORTH 22°29'26" WEST 828.00 FEET (RECORD NORTH
22°29'10" WEST 828.02 FEET); THENCE NORTH 67°30'34" EAST 5.15
FEET (RECORD NORTH 67°30'50" EAST 5.20 FEET) TO THE BEGINNING OF
A NON-TANGENT 25.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID
POINT BEARS SOUTH 67°30'34" WEST (RECORD SOUTH 67°30'50" WEST);
THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'03" (RECORD 89°59'47") 39.27
FEET; THENCE TANGENT TO SAID CURVE NORTH 67°30'37" EAST 410.18
FEET (RECORD 410.14 FEET) TO THE BEGINNING OF A TANGENT 336.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY,
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 89°59'58" A DISTANCE OF 527.78 FEET (RECORD 89°59'59",
527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22°29'21" WEST
-1-
"
10-120831
61.40 FEET (RECORD NORTH 22°29'22" WEST 61.43 FEET) TO THE
BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33°55'23 11 A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE
107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'23" A DISTANCE
OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29'21"
WEST 79.98 FEET (RECORD NORTH 22°29'22" WEST 80.00 FEET) TO THE
BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33°55'2311 A DISTANCE OF 63.65 FEET TO THE
BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33°55'23" A DISTANCE OF 5.92 FEET; THENCE
TANGENT TO SAID CURVE NORTH 22°29'2111 WEST 338.91 FEET (RECORD
NORTH 22°29'22 11 WEST 338.85 FEET} TO THE BEGINNING OF A TANGENT
10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'2311 A DISTANCE 5.92
FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE bF 33°55'2311 A DISTANCE OF 63.65 FEET; THENCE
TANGENT TO SAID CURVE NORTH 22°29'21' WEST 79.96 FEET (RECORD
NORTH 22°29'22" WEST 80.00 FEET} TO THE BEGINNING OF A TANGENT
107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33°55'23 11 A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE
10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33°55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE
NORTH 22°29'21 11 WEST 338.90 FEET (RECORD NORTH 22°29'2211 WEST
338.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 33°55'23" A DISTANCE OF 5.92 FEET TO
THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°55'2311 A DISTANCE OF 63.65 FEET; THENCE TANGENT TO
SAID CURVE NORTH 22°29'21" WEST 79.96 FEET (RECORD NORTH
22°29'22" WEST 80.00 FEET} TO THE BEGINNING OF A TANGENT 107.50
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'2311 A DISTANCE
OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 33°55'23 11 A DISTANCE OF 5.92
FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29'21 11 WEST 234.47
FEET (RECORD NORTH 22°29'2211 WEST 234.48 FEET) TO THE BEGINNING
OF A TANGENT 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
63°41'03" A DISTANCE OF 293.44 FEET; THENCE TANGENT TO SAID
CURVE NORTH 41°11'42 11 EAST 99.98 FEET (RECORD NORTH 41°11'41"
EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE
-2-
10-120831
THROUGH A CENTRAL ANGLE OF 29°40'2511 A DISTANCE OF 174.02 FEET
(RECORD 29°40'2411 , 174.01 FEET); THENCE TANGENT TO SAID CURVE
NORTH 11°31'1711 EAST 73.96 FEET (RECORD 74.00 FEET) TO THE
BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'58" (RECORD
90°00'00") A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE
NORTH 11°31'1511 EAST (RECORD NORTH 11°31'17 11 EAST) 51.00 FEET
TO A POINT ON THE NORTH LINE OF THAT CERTAIN 423.512 ACRE PARCEL
DESIGNATED AND DELINEATED AS THE "CARLTAS COMPANY" LAND ON SAID
RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID NORTH LINE
SOUTH 78°28'4511 EAST 1286.73 FEET (RECORD SOUTH 78°28'43 11 EAST
1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 6°24'5811 A DISTANCE OF 223.96 FEET
(RECORD 6°24'1911 , 223.59 FEET); THENCE TANGENT TO SAID CURVE
SOUTH 84°53'4311 EAST 2170.86 FEET (RECORD SOUTH 84°53'03 11 EAST
2171.00 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS
CURVE CONCAVE NOR_THERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 13°47 1 3911 A DISTANCE OF 481.51 FEET
(RECORD 13°48'1911 , 481.89 FEET); THENCE TANGENT TO SAID CURVE
NORTH 81°18 1 38 11 EAST 321.54 FEET TO A POINT ON THE EASTERLY LINE
OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID
EASTERLY LINE, SOUTH 0°03 1 30 11 WEST (RECORD SOUTH 0°30'59 11 WEST)
1465.21 FEET; THENCE NORTH 89°56 1 3011 WEST 120.00 FEET; THENCE
SOUTH 0°03 1 3011 WEST 160.00 FEET; THE SOUTH 89°56 1 30 11 EAST 120.00
FEET; THENCE SOUTH 0°03 1 3011 WEST (RECORD SOUTH 0°03 1 59 11 WEST)
110.00 FEET; THENCE SOUTH 0°01'19 11 WEST 2333.28 FEET (RECORD
SOUTH 0°02 1 00 11 WEST 2332.51 FEET) TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID LOT 11 H11 LYING EASTERLY OF THE
EASTERLY LINE OF THAT CERTAIN 86 FOOT WIDE EASEMENT FOR PUBLIC
ROAD PURPOSES (KNOWN AS PASEO DEL NORTE) AS DEEDED TO THE CITY
OF CARLSBAD, NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL
RECORDS AS SHOWN ON PARCEL MAP NO. 11284, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AS FILE
NO. 81-145557 OF OFFICIAL RECORDS AND WESTERLY OF THE WESTERLY
LINE OF SAID RECORDED OF SURVEY MAP NO. 12462.
-3-
10-120831
SCHEDULE B
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:
1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1992-93, A LIEN NOT YET PAYABLE.
lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $937.79 PAID
SECOND INSTALLMENT: $937.79 DLQ./PENALTY $103.78
LAND: $129,713.00
IMPROVEMENTS: $6,156.00
CODE AREA: 09000
PARCEL NO. 211-010-25
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO.
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
211-010-25-00
$1,084.69
$1,098.76
$1,112.82
lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $18,952.29 PAID
SECOND INSTALLMENT: $18,952.29 DLQ./PENALTY $1,905.23
LAND: $365,058.00
CODE AREA: 09034
PARCEL NO. 211-021-18
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO.
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
211-021-18-00
$21,441.07
$21,725.36
$22,009.64
lC. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: I $2,346.24 PAID
-1-
•
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
SCHEDULE B
$2,346.24 DLQ./PENALTY $244.62
$246,269.00
$102,074.00
09034
211-021-19
10-120831
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO.
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
211-021-19-00
$2,676.24
$2,711.44
$2,746.63
lD. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR ·1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $2,225.06 PAID
SECOND INSTALLMENT: $2,225.06 DELINQUENT, PENALTY $232.51
LAND: $56,307.00
CODE AREA: 09000
PARCEL NO. 211-021-26
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO.
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
211-021-26-00
$2,572.68
$2,606.06
$2,639.43
lE. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $3,138.35 PAID
SECOND INSTALLMENT: $3,138.35 DLQ./PENALTY $323.84
LAND: $443,465.00
CODE AREA: 09000
PARCEL NO. 211-021-27
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO.
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
211-021-27-00
$3,571.33
$3,618.40
$3,665.48
lF. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: I $7,840.93 PAID
SECOND INSTALLMENT: $7,840.93 DLQ./PENALTY $794.09
-2-
FISCAL
•
LAND:
CODE AREA:
PARCEL NO.
SCHEDULE B
$200,829.00
09000
211-021-28
10-120831
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO. 211-021-28-00
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
$8,885.24
$9,002.86
$9,120.47
lG. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $7,133.30 PAID
SECOND INSTALLMENT: $7,133.30 DLQ./PENALTY $723.33
LAND: $1,232,361.00
CODE AREA: 09000
PARCEL NO. 211-021-29
SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S)
1991-92
PARCEL NO. 900-000-08-00, 900-000-09-00 AND
211-021-29-00
AMOUNT TO PAY DURING:
AUGUST, 1992
SEPTEMBER, 1992
OCTOBER, 1992
$79.265.61
$80,317.21
$81,368.81
lH. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $31,486.72 PAID
SECOND INSTALLMENT: $31,486.72 DLQ./PENALTY $3,158.67
CODE AREA: 09000
PARCEL NO. 900-000-08
lI. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $31,486.72 PAID
SECOND INSTALLMENT: $31,486.72 DLQ./PENALTY $3,158.67
CODE AREA: 09000
PARCEL NO. 900-000-09
lJ. AN ASSESSMENT
ASSESSMENT
(OR BOND) NO:
SERIES:
DISTRICT:
IMPROVEMENTS OF:
SAID ASSESSMENT IS
BY THE IMPROVEMENT DISTRICT SHOWN BELOW
0001
86-1
CITY OF CARLSBAD
PALOMAR AIRPORT ROAD
COLLECTED WITH THE COUNTY/CITY PROPERTY
-3-
TAXES.
lK. AN ASSESSMENT
ASSESSMENT
(OR BOND) NO:
SERIES:
DISTRICT:
IMPROVEMENTS OF:
SAID ASSESSMENT rs
TAXES.
lL. AN ASSESSMENT
ASSESSMENT
(OR BOND) NO:
SERIES:
DISTRICT:
IMPROVEMENTS OF:
SAID ASSESSMENT IS
TAXES.
•
SCHEDULE B
BY THE IMPROVEMENT DISTRICT SHOWN BELOW
0001
86-1
CITY OF CARLSBAD
PALOMAR AIRPORT ROAD
COLLECTED WITH THE COUNTY/CITY PROPERTY
BY THE IMPROVEMENT DISTRICT SHOWN BELOW
0000
86-1
CITY OF CARLSBAD
PALOMAR AIRPORT ROAD
COLLECTED WITH THE COUNTY/CITY PROPERTY
10-120831
lM. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A
COMMUNITY FACILITIES ASSESSMENT/MELLO-ROOS DISTRICT, THE AMOUNT
OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL rs CURRENTLY
OR WILL BE COLLECTED AS A PART OF THE TAX BILL.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
OR WILL BE COLLECTED AS A PART OF THE TAX BILL.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
3. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND
WIFE, AS JOINT TENANTS
FOR: ROAD AND PIPE LINE
RECORDED: APRIL 4, 1947 IN BOOK 2380, PAGE 20
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF
RECORD.·
REFERENCE rs MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
-4-
•
SCHEDULE B
10-120831
5. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
FOR:
RECORDED:
AFFECTS:
SAN DIEGO GAS & ELECTRIC COMPANY
UNDISCLOSED
APRIL 15, 1953 IN BOOK 4821, PAGE 195
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY
FOR: EITHER OR BOTH POLE LINES & UNDERGROUND CONDUITS
RECORDED: FEBRUARY 5, 1954 IN BOOK 5132, PAGE 278
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
7. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
SAN DIEGO GAS AND ELECTRIC COMPANY
EITHER OR BOTH POLE LINES & UNDERGROUND CONDUITS
MARCH 11, 1954 IN BOOK 5167, PAGE 387
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY
FOR: EITHER OR BOTH POLE LINES AND UNDERGROUND CONDUITS
RECORDED: OCTOBER 18, 1956 IN BOOK 6305, PAGE 97
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CARLSBAD MUNCIPAL WATER DISTRICT
FOR: PIPELINE OR PIPELINES .
RECORDED: MAY 15, 1961 AS FILE NO. 83959
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
-5-
•
SCHEDULE B
10. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT
FOR: INGRESS AND EGRESS
RECORDED: NOVEMBER 15, 1961 AS FILE NO. 83960
OF OFFICIAL RECORDS
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT CANNOT BE
DETERMINED FROM THE RECORD.
10-120831
11. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY
FOR: EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
RECORDED: AUGUST 19, 1966 AS FILE NO. 135088
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY
FOR: EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
RECORDED: JULY 5, 1972 AS FILE NO. 172891
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: THE CITY OF CARLSBAD
FOR: SEWER PURPOSES
RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320457
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
14. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: STORM DRAIN
RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320457
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
15. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: I CITY OF CARLSBAD
-6-
•
SCHEDULE B
10-120831
FOR: PUBLIC ROAD, UTILITY, SEWER, WATER, LANDSCAPE,
SIDEWALK ENCROACHMENT
RECORDED:
AFFECTS:
NOVEMBER 30, 1972 AS FILE NO. 320458
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
16. A LAND CONSERVATION CONTRACT FOR THE ECKE (CARLTAS)
AGRICULTURAL PRESERVE NO. 76-1, DATED FEBRUARY 10, 1976, UPON
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED
BY AND BETWEEN THE CITY OF CARLSBAD AND CARLTAS CORPORATION,
RECORDED MARCH 1, 1976 AS FILE NO. 76-059758 OF OFFICIAL
RECORDS.
AND AS MODIFIED BY AN INSTRUMENT RECORDED DECEMBER 29, 1988 AS
FILE NO. 88-672971 OF OFFICIAL RECORDS.
A NOTICE OF NON-RENEWAL RECORDED OCTOBER 4, 1991 AS FILE NO.
1991-0514807 OF OFFICIAL RECORDS.
17. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: PACIFIC TELEPHONE AND TELEGRAPH COMPANY
FOR: EITHER BOTH POLE LINES, UNDERGROUND CONDUITS
RECORDED: OCTOBER 11, 1977 AS FILE NO. 77-416786
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
18. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
AFFECTING THE PORTION OF SAID LAND AND FOR
HEREIN AND INCIDENTAL PURPOSES
CITY OF CARSLBAD
A PUBLIC ROAD, UTILITY, SEWER & WATER
OCTOBER 21, 1985 AS FILE NO. 85-390632
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
THE
19. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
FOR:
RECORDED:
AFFECTS:
CITY OF CARLSBAD
PUBLIC ROAD, UTILITY, SEWER AND WATER
OCTOBER 21, 1985 AS FILE NO. 85-390633
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
20. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF
-7-
•
SCHEDULE B
10-120831
ASSESSMEN~ DISTRICT NO. 86-1 AS DISCLOSED BY INSTRUMENT RECORDED
JANUARY 29, 1986 AS FILE NO. 86-037400 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
21. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
JULY 10, 1986
CITY OF CARLSBAD,
AND CARLTAS CO., A CALIFORNIA CORPORATION
REIMBURSEMENT
AUGUST 14, 1986 AS FILE NO. 86-349359
OF OFFICIAL RECORDS
22. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
23. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
AUGUST 3, 1987
CITY OF CARLSBAD AND CARLTAS DEVELOPMENT
COMPANY
PAYMENT OF A PUBLIC FACILITIES FEE
SEPTEMBER 1, 1987 AS FILE NO. 87-496010
OF OFFICIAL RECORDS
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
SAN DIEGO GAS AND ELECTRIC COMPANY
EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
DECEMBER 8, 1987 AS FILE NO. 87-675367
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT CANNOT BE
DETERMINED FROM THE RECORD.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
24. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
APRIL 6,
THE CITY
COMPANY
1988
OF CARLSBAD AND CARLTAS DEVELOPMENT
PAYMENT OF A PUBLIC FACILITIES FEE
APRIL 6, 1988 AS FILE NO. 88-171939
OF OFFICIAL RECORDS
25. A COVENANT AND AGREEMENT
EXECUTED BY
IN FAVOR OF
CARLTAS COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP
CALIFORNIA COASTAL COMMISSION
-8-
•
SCHEDULE B
RECORDED I MAY 11, 1988 AS FILE NO. 88-220104
OF OFFICIAL RECORDS
WHICH, AMONG OTHER THINGS, PROVIDES:
DEVELOPMENT OF PROPERTY AND AGRICULTURAL DEED RESTRICTION
26. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
MAY 6, 1988
CARLTAS DEVELOPMENT COMPANY, A CALIFORNIA
CORPORATION
GRADING
MAY 11, 1988 AS FILE NO. 88-222132
OF OFFICIAL RECORDS
10-120831
27. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
AFFECTING THE PORTION OF SAID LAND AND FOR THE
FOR:
RECORDED:
AFFECTS:
HEREIN AND INCIDENTAL PURPOSES
CITY OF CARLSBAD
DRAINAGE
JULY 7, 1988 AS FILE NO. 88-329739
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: ROADWAY AND GENERAL UTILITY
RECORDED: AUGUST 22, 1988 AS FILE NO. 88-414913
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN
DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND
THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION
AND MAINTENANCE.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: PUBLIC UTILITY
RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463310
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN
-9-
•
SCHEDULE B
10-120831
DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND
THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION
AND MAINTENANCE.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
30. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: FLOOD DRAINAGE CHANNEL
RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463313
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
31. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
MAY 26, 1988
CITY OF CARLSBAD AND CARLTAS CO., A CALIFORNIA
LIMITED PARTNERSHIP
REIMBURSEMENT
NOVEMBER 1, 1988 AS FILE NO. 88-557947
OF OFFICIAL RECORDS
32. AN
PURPOSES
IN FAVOR
FOR:
EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
STATED HEREIN AND INCIDENTAL PURPOSES
OF: ASSOCIATION OF CAR COUNTRY EXPANSION OWNER
MAINTENANCE AND REPAIR
RECORDED:
AFFECTS:
DECEMBER 30, 1988 AS FILE NO. 88-677018
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
33. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: ASSOCIATION OF CAR COUNTRY EXPANSION OWNERS
FOR: MAINTENANCE AND REPAIR
RECORDED: DECEMBER 30, 1988 AS FILE NO. 88-678653
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
34. A COVENANT AND AGREEMENT
EXECUTED BY
IN FAVOR OF
CARLTAS COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP
CITY OF CARLSBAD
-10-
RECORDED
•
SCHEDULE B
I JULY 5, 1989 AS FILE NO. 89-354161
OF OFFICIAL RECORDS
WHICH, AMONG OTHER THINGS, PROVIDES:
FOR OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED
PROPERTY.
10-120831
35. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT
FOR: DRAINAGE DITCHES AND STRUCTURES
RECORDED: OCTOBER 4, 1990 AS FILE NO. 90-543215
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
36. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
JUNE 13, 1991
$4,734,000.00
CARLTAS COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP
EQUITABLE DEED COMPANY, A CALIFORNIA
CORPORATION
SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION
JUNE 28, 1991 AS FILE NO. 1991-0315483
OF OFFICIAL RECORDS
AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVIDED
EXECUTED BY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION AND CARLTAS COMPANY, A
CALIFORNIA LIMITED PARTNERSHIP AND CARLPLAZ,
L.P., A CALIFORNIA LIMITED PARTNERSHIP
RECORDED: JULY 23, 1991 AS FILE NO. 1991-0362034
OF OFFICIAL RECORDS
AND RE-RECORDED OCTOBER 21, 1991 AS FILE NO. 1991-0542425 OF
OFFICIAL RECORDS.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
FEBRUARY 11, 1992 AS FILE NO. 1992-0076196
OF OFFICIAL RECORDS
GRANT OF EASEMENT
-11-
RECORDED
• •
SCHEDULE B
I FEBRUARY 11, 1992 AS FILE NO. 1992-0076195
OF OFFICIAL RECORDS
10-120831
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JULY 15, 1992 AS FILE
OF OFFICIAL RECORDS
GRANT OF EASEMENT
JULY 15, 1992 AS FILE
OF OFFICIAL RECORDS
NO. 1992-0443117
NO. 1992-0443116
37. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
38. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
JUNE 25, 1991
CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
AND CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
AUGUST 5, 1991 AS FILE NO. 1991-0390279
OF OFFICIAL RECORDS
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
CITY OF CARLSBAD
STREET AND PUBLIC UTILITY
FEBRUARY 11, 1992 AS FILE NO. 1992-0076195
OF OFFICIAL RECORDS
AS SET FORTH IN SAID DOCUMENT
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
39. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: TRAFFIC SIGNAL MAINTENANCE PURPOSES
RECORDED: JULY 15, 1992 AS FILE NO. 1992-0443116
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
40. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH
AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN
AGREEMENT AND ANY OTHER OBLIGATIONS THEREIN CONTAINED,
DEED OF TRUST DATED JUNE 12, 1992
TRUSTOR CARLTAS COMPANY, A CALIFORNIA LIMITED
PARTNERSHIP
TRUSTEE STEWART TITLE COMPANY OF SAN DIEGO, A
-12-
BENEFICIARY
RECORDED
• •
SCHEDULE B
10-120831
CALIFORNIA CORPORATION
GEMOLOGICAL INSTITUTE OF AMERICA, INC., A
NONPROFIT CORPORATION
AUGUST 24, 1992 AS FILE NO. 1992-0534192
OF OFFICIAL RECORDS
41. AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE
FOR FULL PARTICULARS
DATED: FEBRUARY 19, 1992
BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED
REGARDING:
DISCLOSED BY:
RECORDED:
PARTNERSHIP AND GEMOLOGICAL INSTITUTE OF
AMERICA, INC.
PURCHASE OF REAL PROPERTY
DEED OF TRUST
AUGUST 24, 1992 AS FILE NO. 1992-0534192
OF OFFICIAL RECORDS
40. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A
SURVEY OF SAID LAND, SATISFACTORY TO THIS COMPANY, OR BY INQUIRY _
OF THE PARTIES IN POSSESSION THEREOF.
-13-
CL TA Preliminary Report Form • •
CL TA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv)environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant; -
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of
the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. 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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
REV. 1990
Page 1 of 4
( List of Printed Exceptions and Exclusions Continued on Next Page)
STEWART TITLE
GUARANTY COMPANY
CL TA Prel1m1nary Report Form • •
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In add1t1on to the Exceptions ·n Schedule B, you are not ,nsured against loss. costs, attorneys' fees, and expenses result,ng from
GovernmenraJ pol,ce power, ana che existence or violation of any iaw or governmental regulation. This includes building and zon,ng
ordinances and also laws and regulat:ons concerning:
• land use • ,mprovements on the land
• I and ri,v,;";, • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date,
This exclusion does not limit the zoning coverage described ,n Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning It, unless:
• a notice of exercising the right appears In the public records
on the Policy Date
• the taking happened prior to the Policy Date and ,s binding on you 1f you bought the land
without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
• that result In no loss to you
• that first affect your title after the Policy Date•• this does not l1m1t the labor and material lien
coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90)
WITH AL TA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
WITH AL TA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu-
lations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (Ii) the character, d1-
mensIons or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged v1olat1on affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
REV 1990
Page 2 of 4
( List of Printed Exceptions and Exclusions CoRtinued on Next Page)
STE'\\"ART TI'rLE
GUARANTY COMPASY
I'
CL TA ?reI,m,narv Repor,: Form • •
2. Rights of eminent d_omain unless notice of the exercise thereof has been recorded In the public records at Date Jf ;:i.1,,c,
but not excluding from coverage any taking which has occurred prior to Date of Policy which would be b1ne11ng ,Jn ·n-= ,,ynrs
of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters.
(al created, suffered, assumed or agreed to by the insured cla1mart,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the •nsur'=d c!a,,...,1dr"
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant :,~c.3rn" an
1nsur;,d under this policy;
(c) resulting n no Ioss or dari,age to the insured claimant.
(d) attaching or crF:ated subsequent to Date of Policy; or
(el resulting In loss or damage which would not have been sustained 1f the insured claimant had paid value for :he es,ak
or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting In the •nsured the estate or 1nterest ,nsured !:Jy this 00I,cv. :)v re.ison
of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In add1t1on to ,he above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the follow,ng General
Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses! which arise
by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be asceri:ained by an inspec-
tion of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof lcI wa:er
rights, claims or title to water, whether or not the matters excepted under (a), (bl or (c) are shown by the public records.
REV. 1990
Page 4 of 4 Gl'ARASTY CO\IP>,.~Y
.... Attachment
10-120831
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT "H" 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, NOVEMBER 16, 1892, AS SHOWN
ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS
FILE NO. 89-704916 OF OFFICIAL RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY MAP
NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70.46'03"
WEST 582.98 FEET (RECORD SOUTH 70°45'53" WEST 582.66 FEET) TO
THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 21°23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAID
CURVE NORTH 87°50'18" WEST (RECORD NORTH 87°50'28" WEST) 2069.16
FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR
AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE CONTINUING ALONG
THE BOUNDARY THEREOF, NORTH 2°09'22" EAST 177.14 FEET (RECORD
NORTH 2°09'37" EAST 177.29 FEET) TO THE BEGINNING OF A TANGENT
643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY,
NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 79•59•43u A DISTANCE OF 897.71 FEET (RECORD 79°58'45",
897.56 FEET); THENCE TANGENT TO SAID CURVE NORTH 77°50'21" WEST
99.98 FEET (RECORD 100.00 FEET) TO THE BEGINNING OF A TANGENT
557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 55•20 1 50" A DISTANCE OF 538.07 FEET; THENCE TANGENT TO
SAID CURVE NORTH 22.29'26" WEST 828.00 FEET (RECORD NORTH
22°29'10" WEST 828.02 FEET); THENCE NORTH 67.30'34" EAST 5.15
FEET (RECORD NORTH 67.30'50" EAST 5.20 FEET) TO THE BEGINNING OF
A NON-TANGENT 25.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID
POINT BEARS SOUTH 67°30'34" WEST (RECORD SOUTH 67°30'50" WEST);
THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'03" (RECORD 89°59'47") 39.27
FEET; THENCE TANGENT TO SAID CURVE NORTH 67.30'37" EAST 410.18
FEET (RECORD 410.14 FEET) TO THE BEGINNING OF A TANGENT 336.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY,
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 89°59'58" A DISTANCE OF 527.78 FEET (RECORD 89°59'59'',·
527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22°29'21" WEST
-1-
10-120831
61.40 FEET (RECORD NORTH 22°29'22" WEST 61.43 FEET) TO THE
BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG S~ID CURVE THROUGH A CENTRAL ANGLE OF
33°55'23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE
107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'23" A DISTANCE
OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29'21"
WEST 79.98 FEET (RECORD NORTH 22°29'22" WEST 80.00 FEET) TO THE
BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33°55'23" A DISTANCE OF 63.65 FEET TO THE
BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33°55 1 23 11 A DISTANCE OF 5.92 FEET; THENCE
TANGENT TO SAID CURVE NORTH 22°29'21" WEST 338.91 FEET (RECORD
NORTH 22°29'22" WEST 338.85 FEET) TO THE BEGINNING OF A TANGENT
10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'23 11 A DISTANCE 5.92
FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 33°55'23" A DISTANCE OF 63.65 FEET; THENCE
TANGENT TO SAID CURVE NORTH 22°29'21' WEST 79.96 FEET (RECORD
NORTH 22°29'22 11 WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT
107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A.CENTRAL ANGLE OF
33°55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE
10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33°55'23 11 A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE
NORTH 22°29'21" WEST 338.90 FEET (RECORD NORTH 22°29'22" WEST
338.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 33°55'23" A DISTANCE OF 5.92 FEET TO
THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°55'23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO
SAID CURVE NORTH 22°29'21" WEST 79.96 FEET (RECORD NORTH
22°29'2211 WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55'2311 A DISTANCE
OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 33°55'23 11 A DISTANCE OF 5.92
FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29'21" WEST 234.47
FEET (RECORD NORTH 22°29'22" WEST 234.48 FEET) TO THE BEGINNING
OF A TANGENT 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A·CENTRAL ANGLE OF
63°41'03 11 A DISTANCE OF 293.44 FEET; THENCE TANGENT TO SAID
CURVE NORTH 41°11'4211 EAST 99.98 FEET (RECORD NORTH 41°11'41"
EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE
-2-
. "
.. J
• •
10-120831
THROUGH A CENTRAL ANGLE OF 29°40'25 11 A DISTANCE OF 174.02 FEET
(RECORD 29°40'24 11 , 174.01 FEET}; THENCE TANGENT TO SAID CURVE
NORTH 11°31'1711 EAST 73.96 FEET (RECORD 74.00 FEET) TO THE
BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'58 11 (RECORD
90°00'00 11 ) A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE
NORTH 11°31'15 11 EAST (RECORD NORTH 11°31'17 11 EAST) 51.00 FEET
TO A POINT ON THE NORTH LINE OF THAT CERTAIN 423.512 ACRE PARCEL
DESIGNATED AND DELINEATED AS THE 11 CARLTAS COMPANY" LAND ON SAID
RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID NORTH LINE
SOUTH 78°28'45" EAST 1286.73 FEET (RECORD SOUTH 78°28'43 11 EAST
1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 6°24'58" A DISTANCE OF 223.96 FEET
(RECORD 6°24'19", 223.59 FEET); THENCE TANGENT TO SAID CURVE
SOUTH 84°53'43" EAST 2170.86 FEET (RECORD SOUTH 84°53'03 11 EAST
2171.00 FEET} TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL.ANGLE OF 13°47'39" A DISTANCE OF 481.51 FEET
(RECORD 13°48'19", 481.89 FEET); THENCE TANGENT TO SAID CURVE
NORTH 81°18'38" EAST 321.54 FEET TO A POINT ON THE EASTERLY LINE
OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID
EASTERLY LINE, SOUTH 0°03'3011 WEST (RECORD SOUTH 0°30'59 11 WEST)
1465.21 FEET; THENCE NORTH 89°56'30" WEST 120.00 FEET; THENCE
SOUTH 0°03'30'' WEST 160.00 FEET; THE SOUTH 89°56'3011 EAST 120.00
FEET; THENCE SOUTH 0°03'30 11 WEST (RECORD SOUTH 0°03'5911 WEST}
110.00 FEET; THENCE SOUTH 0°01'1911 WEST 2333.28 FEET (RECORD
SOUTH 0°02'00 11 WEST 2332.51 FEET} TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID LOT "H" LYING EASTERLY OF THE
EASTERLY LINE OF THAT CERTAIN 86 FOOT WIDE EASEMENT FOR PUBLIC
ROAD PURPOSES (KNOWN AS PASEO DEL NORTE) AS DEEDED TO THE CITY
OF CARLSBAD, NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL
RECORDS AS SHOWN ON PARCEL MAP NO. 11284, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AS FILE
NO. 81-145557 OF OFFICIAL RECORDS AND WESTERLY OF THE WESTERLY
LINE OF SAID RECORDED OF SURVEY MAP NO. 12462.
-3-
JUNE 26, 1992
BELLEFLEUR WINE TASTING
Discussed with MJH. Process application as a new separate SDP as
required by the Q-overlay. Justify use in C-T-Q zone even though
not specifically listed as a permitted use as the entire PAR/PDN
intersection is a C-T complex. Same as was done for the 7-11/
Winters. SDP on the southeast corner.
~-3
Condition project like a CUP with time limit, etc.
Informed Chris Calkins and John White of the Carltas Company
June 26, 1992.
MEMORANDUM
MICHAEL HOLZMILLER
BELLEFLEUR VINEYARD -TEMPORARY FACILITY
June 17, 1992
2
The proposed wine-tasting facility would utilize landscaping and
other temporary improvements to create an environment similar to
the country facilities in the Napa and Gregory Valleys of Northern
California. By locating across from the proposed permanent site,
the wine tasting facility, like the flower and produce stands,
could operate while the construction of the permanent facility
proceeds, allowing the community the continued benefit of the
quasi-rural experience.
Since it is proposed to be temporary, the facility is proposed to
be modular and self-contained. The exterior will be low profile
and dressed by landscaping and exterior treatment of the building.
The temporary facility will be removed as soon as the permanent
facility is built.
The proposed specialty center will complement in product the
Hadley's store, the Pea Soup Andersen's complex, and the unique
attraction of the flower fields. It has the potential to focus the
tourist draw in the area, while providing the community with a mix
of products and experiences unique to Carlsbad.
A key part of such a center is the variety of food and other
experiences. A winery may be a key anchor, but without some
demonstration of its viability in this location, significant
investment required could not be obtained.
As contrasted with other uses whose viability can be determined
fairly easily by analogy, this use has no analog.
Consequently, we request that this use be permitted as a temporary
conditional use, in the area zoned for agriculture, but adjacent to
tourist serving commercial, as an agricultural supporting activity.
CCC/dsf
cc: Don Neu -city of Carlsbad·/
1-80-078
• • CASE NO.
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I
(To be Completed by APPLICANT)
Applicant: BELLEFLEUR VINEYARDS (TEMPORARY) -John C. Culbertson
Address of-Applicant: 2608 Via Rancheros
Fallbrook, CA 92028
Phone Number: ( 619) 728-0156
Name, address and phone number of person to be contacted (if other than Applicant): Steve Harrison, 5600 Avenida Encinas #100, Carlsbad, CA 92008
(619) 431-5600
GENERAL INFORMATION: (Please be specific)
Project Description: Temporary facility for retail wine sales/tasting
to include a gift shop. Outdoor veranda, courtyard and turf picnic
area.
Project Location/Address: West side of Paseo Del Norte between
Andersen Way and Car Country Drive.
Assessor Parcel Number: 211 -021 -26
General Plan/Zone of Subject Property: TS I LCO
Local Facilities Management Zone: _0_3 ________________ _
Is the site within Carlsbad's Coastal Zone? ___ Y~e_s __________ _
Please describe the area surrounding the site to the
North: Car Country
South: Pea Soup Andersen's
East: Paseo Del Norte
West: I-5 _ _..;;.. ___________ _
List all other applicable permits & approvals related to this project:
Site Development Plan, Building Permits -Structure, Mechanical,
Plumbing.
2
• • (Please be Specific. Attach Additional Pages or Exhibits, if necessary)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
2.24 Acres of brush with a concrete culvert running east to
west across the site. No slopes.
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
Being a temporary facility, the modular building will be used
again after its proposed use. Building will be insulated fully.
Landscape will be drought resistant material. There is no night
time uses planned. • •
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation ( 1 atest SANDAG
rates).
N/A
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
(See attached Plan)
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
3
• •
I. ENVIRONMENTAL IMPACT ANALYSIS
1)
2)
3)
4)
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: Project is in character
with intended uses in the Specific Plan.
Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION: There are no adjacent
recreational areas.
Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: The project conforms to
existing commercial uses in the area.
Could the activity result in the displacement of
community residents?
EXPLANATION: ____________ _
4
YES NO
X
X
X
X
.0
5)
6)
7)
8)
9)
• •
Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION: Commercial project.
Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION: Small number of employees.
Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
EXPLANATION: None exist.
Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: None adjacent.
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: No known natural resources
nearby.
5
YES NO
X
X
X
X
X
• •
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: The site has annual weed
abatement.
11) Are there any rare or endangered plant or animal
species in the activity area?
EXPLANATION: No known endangered plants
or animal species.
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
13)
or beaches?
EXPLANATION: None exist adjacent.
Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: Appropriate surface water
disposal system. Site has no agricultural
use.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas?
EXPLANATION: This is a temporary facility.
6
YES NO
X
X
X
X
X
• •
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)?
EXPLANATION: Not to our knowledge.
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: Temporary use only.
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency?
EXPLANATION: __ C_i_t~y_B_u_i_l_d_i_·n~g~,_P_l_u_m_· b_i_n_g ___ _
and Electrical Permits will be required.
18) Will the activity require issuance of a variance or
conditional use permit by the City?
19)
EXPLANATION: Not to our knowledge. We
are applying for a Site Development Plan
( SDP).
Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION: __ N_o_t_t_o_o_u_r_k_n_o_w_l_e_d~g~e_. ___ _
7
YES
X
X
X
X
X
• • 20) Will the activity involve construction of facilities
in a flood plain?
EXPLANATION: Not in the flood plain.
21) Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
Not to our knowledge.
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: Only minimal grading with
appropriate dust control measures is
anticipated.
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: No disposal necessary.
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
EXPLANATION: Non-intensive use.
8
YES NO
X
X
X
X
X
• • •
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: Not substantial use of site.
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: No slopes on this site.
27) Will there be a significant change to existing
1 and form?
(a) Indicate estimated grading to be done in
cubic yards: Under 100 c.y. .
(b) Percentage of alteration to the present
1 and form: Under 5 % .
(c) Maximum height of cut or fill slopes:
Two feet maximum
EXPLANATION: Minor grubbing, minor alteration
for ru~ off, no building pad (temporary).
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: Very little use of utilities.
9
YES NO
X
X
X
X
•
29) Will the project significantly increase wind or
water erosion of soils?
•
EXPLANATION: __ A_l_l_s_o_i_l_s_h_a_v_e_b_e_e_n_o_r_a_r_e __
to be stabilized.
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: None existing on site.
31) Will the project significantly produce new light
or glare?
EXPLANATION: No night use anticipated.
YES NO
X
X
X