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HomeMy WebLinkAboutCUP 260E; PALOMAR TRANSFER STATION; Conditional Use Permit (CUP)APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit (*) D Minor I ✓ I Conditional Use Permit (*) □Minor □Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit □Minor D Hillside Development Permit (*) □Minor D Nonconforming Construction Permit D Planned Development Permit Qinor □Residential □ Non-Residential D Planning Commission Determination 0 Site Development Plan □Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance □ Minor C-ifPtlfOF Qeneral Plan Amendment □Local Coastal Program Amendment (*) □Master Plan □specific Plan ozone Change (*) Qmendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits ~iewPermit --udministrative Qinor □Major Village Review Area Permits ~iewPermit ~dministrative □Minor (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 209-050-25 ------------------------------------PROJECT NAME: Palomar Transfer Station -CUP Amendment BRIEF DESCRIPTION OF PROJECT: Modification to condition #8 of CUP 260D to extend the timeframe to allow for the issuance of building permits and a modification of Condition #3.b.iii of City Council Resolution No.2005-029 (CUP 260(C)) to change the public access hours to 7:00 a.m.-4:00 p.m., Mon.-Fri. BRIEF LEGAL DESCRIPTION: A portion of lot A and B of Rancho Aqua Hedionda according to map 823 filed on November 16, 1986 LOCATION OF PROJECT: 5960 El Camino Real, Carlsbad, CA 92008 ON THE: East (NORTH, SOUTH, EAST, WESn BETWEEN Faraday Avenue (NAME OF STREET) P-1 STREET ADDRESS SIDE OF Orion Street (NAME OF STREET) AND El Camino Real (NAME OF STREET) Page 1 of6 Revised 12/13 OWNER NAME (Print): • County of San Diego MAILING ADDRESS: 1960 Joe Crosson Drive CITY, STATE, ZIP: .... E ... I C ... a...,jo_n...,,..;;CA...,..;;9 ... 2 __ 02_0 ________ _ TB.EPHONE: 619-956-4806 -------------EM A IL ADDRESS: E EGAL OWNER AND THAT ALL THE ABOVE Nl"t:)RIIIIA r.:.'.~~~E:1,.:.:.AN=.=D~ CORRECT TO THE BEST OF MY IIJ-l'"IL/ DATE • APPLICANT NAME (Print): Palomar Transfer Station MAILING ADDRESS 5960 El Camino Real CITY, STATE, ZIP Carlsbad. CA 92008 TELEPHONE: 760-603-0152 -------------EM A IL ADDRESS: I CERTIFY THAT l~M LEGAL REPRESENTATIVE OF THE OWNER AND T ALL THE O INFORMATION IS TRUE AND CORRECT TO T EST:;;Y OGE. f ✓:i(I< Sl4{l.E'-" DAT9 t/ APPLICANT'S REPRESENTATIVE (Print)· Stan Weiler, Howes Weiler & Associates MAILING ADDRESS· 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Car1sbad, CA 92010 TELEPHONE EMAIL ADDRESS. 760-929-2288 stanweiler@hwplanning.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF Y OWLEDGE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS 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 NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECO HIS PERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH THE ~_..-, ESS SIN INTER ST FOR CITY USE ONLY NOV O 4 2014 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 12113 ·;,.· CITY OF DISCLOSURE STATEMENT P-1(A) .Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 MY§I be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is 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 document; however, the legal name and entity of the appHcant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the CQMPLETE, 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, titles, 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 Palomar Transfer Station Corp/Part~---------- Title __________ _ Title ________ _ Address 5960 El Camino Real Address ----Carlsbad, CA 92008 2. OWNER (Not the owner's agent) P-1(A) 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, titles, 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 (N/A) 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 County of San Diego Corp/Part. ___________ _ Title O i 1te do .c rt:'. It, ~foil.~ Title ____________ _ Address 1960 Joe Crosson Drive Address _________ _ El Cajon, CA 92020 Page 1 of2 Revised 07/10 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) months? D Yes [x) No If yes, please indicate person(s):, __________ _ NOTE: Attach additional sheets if necessary mu.-w.n'wledge~ ff2 h'iy•~ f e_ ~ ~ D I{ t~ 'i<. w ti..+et.- Print or type name of owner Print or type name of applicant ~ --//·4·Za!f Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2 of2 Revised 07/10 ,,. . PROJECT DESCRIPTION P-1(8) PROJECT NAME: Palomar Transfer Station -CUP Amendment APPLICANT NAME: Palomar Transfer Station Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: SEE ATTACHED PROJECT DESCRIPTION P-1(8) Page 1 of 1 Revised 07110 PALOMAR TRANSFER STATION CONDITIONAL USE PERMIT AMENDMENT -CUP 260 (E) PROJECT DESCRIPTION Palomar Transfer Station, Inc. is requesting a Conditional Use Permit Amendment to modify Condition #3.b.iii of City Council Resolution No. 2005-029, which approved CUP 260 (C) regarding the time for public access to the transfer station and Condition #8 of CUP 260 (D) regarding the time frame for obtaining building permits for the approved expansion of the green waste bay. CUP 260 (C)-Condition 3.b.iii of City Council Resolution No. 2005-029 In February 2005, CUP 260 (C) and EIR 03-04 were approved by the City Council to allow for an increase of Municipal Solid Waste tonnage, the addition of a transfer load out bay, improvements to the interior circulation, and improvements to the adjacent roadway at the Palomar Transfer Station located at 5960 El Camino Real in the City of carlsbad. The EIR analyzed the traffic impacts for the project based on the increased tonnage amounts along with the proposed Monday through Friday 7:00 am to 4:00 pm operational times for public access to the project site. The traffic impact analysis resulted in a number of roadway improvements adjacent to the project site. The Planning Commission recommended that the City Council approve CUP 260 (C) and EIR 03-04 with the operational times as proposed and analyzed in the EIR. However, the City Council approved a resolution that decreased the hours of public access to the transfer station from Monday through Friday 7:00 am to 4:00 pm to 9:00 am to 4:00 pm. The applicant accepted this change and the project was approved. This currently proposed CUP Amendment requests an amendment to condition #3.b.iii of City Council Resolution No. 2005-029 to allow for public access Monday through Friday from 7:00 am to 4:00 pm. Since EIR 03-04 examined traffic impacts based on the Monday through Friday public access at a 7:00 a.m. -4:00 p.m. operating timeframe and the roadway improvements that were completed by the applicant mitigated for impacts that occurred throughout that timeframe, the applicant feels that the restricted hours are not necessary and actually may confuse the public because the gates are open for commercial haulers at 7:00 am. Therefore, the applicant requests a change to this condition to allow for public access Monday through Friday between 7:00 am to 4:00 pm. CUP 260 (D)-Condition 8 CUP 260 (D) approved a 10 year extension of the facility's original Conditional Use Permit, and allowed for the expansion of the tipping bay structure for green waste and construction/demolition material, the collection of universal waste, and the collection of home­ generated sharps needles. ... At this time, the applicant requests an amendment to Condition #8 of Planning Commission Resolution 6907 for CUP 260 (D) to allow for an additional 24 months in order to obtain building permits. The approved condition required building permits for the expansion to be issued by November 6, 1014. Due to funding constraints, Palomar Transfer Station cannot move forward with the building permit process until early 2015. The applicant requests that the condition be amended to grant a 24 month extension thus requiring the issuance of building permits before November 6, 2016. CITY or CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962 5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ix] The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962. 5 of the State Government Code. 0 The development project and any alternatives proposed in this appfication !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Palomar Transfer Station Address: 5960 El Camino Real Carlsbad, CA 92008 Phone Number. 760-603-0152 PROPERlY OWNER Name: County of San Diego Address: 1960 Joe Crosson Drive El Cajon, CA 92020 Phone Number: 619-956-4806 Address of Site: 5960 El Camino Real, Carlsbad. CA 92008 Local Agency (City and County):_ City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:--=2"'-09::..·..,.0;.:;;5=0-=-2=5 _______________ _ Specify list{s) ______________________________ _ Regulatory Identification Number: ______________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ~ \(t.., ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E} PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or wheth I requi nts are necessary for your particular application) please call~-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ( City of c:arlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. To determine if your project is a priority development project, please answer the following questions: 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets uidance? 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? YES NO X X If you answered ·yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If ou answered ·no" to both uestions, then o to Step 2. E-34 Page 1 of 3 Effective 6/27/13 ( City of __ rlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To determine if your project is a priority development project, please answer the following questions: 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public develo ment ro ·ects on ublic or rivate land. 2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and ublic develo ment ro·ects on ublic or rivate land. 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consum tion. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the tem ora arkin or stora e of motor vehicles used ersonall for business or for commerce. 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the ro·ect to the ESA i.e. not commin /es with flows from ad·acent lands.* 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles er da . 1 O. ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11.ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of YES NO X X X X X X X X X impervious surface or (2) increases impervious surface on the property by more than 10%? X If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27 /13 (city of __ rlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the reviousl existin develo ment? If you answered "yes," the structural BIVIP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no,· the structural BIVIP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "m ro·ect meets PDP uirements" box and com lete a licant information. ;,•.\,, J .,-, __ _ □ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet POP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 5960 El Camino Real, Carlsbad, CA 92008 Accessor's Parcel Number(s): 209-050-25 Applicant Name: Palomar Transfer Station Applicant Title:-o,b.._ _ d<t:eAd"~ ~'7'/~ This Box for City Use Only City Concurrence: 0 By: \) Date: Project ID: Cv * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Coperrnittees. E-34 Page 3 of 3 Effective 6/27/13 --Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & ken.cyr@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 930022392-U50 Customer: Howes Weiler & Associates Attn: Stan Weiler Email: ksteindlberger@hwplanning.com Reference No.: 5960 El Camino RL FIRST AMENDED PRELIMINARY REPORT Property Address: 5960 El Camino Real, Carlsbad, CA Dated as of: September 30, 2014 at 7:30 am In response to the application for a policy of title insurance referenced herein, 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 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 the title insurance policy and should he 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. CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY CL TA Preliminary Report Form -Modified ( 11-17-06) Page 1 Order No.: 930022392-050 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: County of San Diego 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form -Modified (11-17-06) Page2 -Order No.: 930022392-US0 LEGAL DESCRIPTION THOSE PORTIONS OF LOTS A AND B OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE 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: COMMENCING AT A POINT 14 OF SAID LOT BAS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT B, SOUTH 89°54'00" EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY INVESTMENTS, RECORDED JUNE 16, 1971 AS INSTRUMENT NO. 126673 OF OFFICIAL RECORDS AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89°54'00" WEST, 23.41 FEET TO SAID POINT 14 OF LOT B; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTOR'S AS FOLLOWS: SOUTH 54°15'33" WEST, 326.48 FEET; SOUTH 50°55'35" WEST, 1788.65 FEET, SOUTH 01 °28'24" WEST, 787.30 FEET AND SOUTH 10°46'15" WEST, 2187.68 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED DECEMBER 27. 1961 AS INSTRUMENT NO. 222199, OF OFFICIAL RECORDS, AND BEING A POINT HEREIN DESIGNATED AS POINT X; THENCE ALONG THE BOUNDARY OF SAID WATER DISTRICT'S LAND AS FOLLOWS: SOUTH 73°43'45" EAST 232.43 FEET TO AN ANGLE POINT THEREIN, AND SOUTH 38°38'25" EAST, 341.96 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH 38°38'25" EAST 100.00 FEET; THENCE SOUTH 51°21'35" WEST, 638.00 FEET TO THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL CAMINO REAL) ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 38°38'25" WEST (RECORD = NORTH 38°35'00" WEST), 50.00 FEET TO A POINT HEREIN DESIGNATED AS POINT Y; THENCE CONTINUING NORTH 38°38'25" WEST, 150.00 FEET TO A LINE WHICH BEARS SOUTH 10°46'15" WEST FROM SAID POINT X; THENCE SOUTH 10°46'15" WEST, 39.50 FEET TO THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 682; THENCE ALONG SAID CENTER LINE SOUTH 38°38'25" EAST, 1047.69 FEET TO THE WESTERLY PROLONGATION OF COURSE NO. 3, IN THE SOUTHERLY BOUNDARY OF SAID LOT B AS SHOWN ON RECORD OF SURVEY MAP NO. ill, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 12, 1935; THENCE ALONG SAID PROLONGATION AND SAID COURSE NO. 3, NORTH 84°34'38" EAST (RECORD= NORTH 84°38'00" EAST) 1892.91 FEET TO A LINE WHICH BEARS SOUTH 03°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 03°05'08" WEST, 5593.11 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, INCLUDED IN THAT CERTAIN 6.459 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 7845 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY, LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND 48.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE SOUTH 51°47'58" WEST ALONG THE SOUTHWESTERLY PROLONGATION O THE SOUTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTER CJ,,;f A Preliminary Report Form -Modified (11-17-06) Page3 -Order No.: 930022392-US0 LEGAL DESCRIPTION ( continued) LINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 28°12'02" EAST, ALONG SAID CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEA YING SAID CENTERLINE, NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81 °50'49" TO THE POINT OF TERMINUS, AS CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 23, 1977 AS INSTRUMENT NO. 77-345406 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD IN DEED RECORDED JUNE 30, 1982 AS INSTRUMENT NO. 82-201566 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT B OF RANCHO AGUA DEDIONDA, 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, LYING WITHIN THE LAND DESCRIBED IN DEED TO SAID COUNTY OF SAN DIEGO, RECORDED JANUARY 18, 1974 AS INSTRUMENT NO. 74-014190 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID COUNTY OF SAN DIEGO LAND; THENCE NORTH 89°54'00" WEST, 23.41 FEET TO A POINT 14 OF SAID LOT BAS SHOWN ON SAID MAP 823; THENCE ALONG THE BOUNDARY OF SAID COUNTY LAND, SOUTH 54°15'33" WEST, 326.48 FEET; THENCE SOUTH 50°55'35" WEST, 1788.65 FEET; THENCE SOUTH 01 °28'24" WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 10°46'15" WEST 1337.68 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 79°13'45" EAST, 703.35 FEET; THENCE NORTH 30°28'48" EAST, 900.00 FEET; THENCE NORTH 30°31' 12" WEST, 800.00 FEET; THENCE SOUTH 87°45'29" WEST, 491.59 FEET TO THE TRUE POINT OF BEGINNING. APN: 209-050-25 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form -Modified (11-17-06) Page4 Order No.: 930022392-US0 SCHEDULED At the date hereof, items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Taxes not assessed. 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 3. The rights of the public in and to that portion of the herein described land lying within any publicly dedicated street. 4. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice K. Morrison and Lillie Kelly Ortega, and their respective successors and assigns, to sue all roads and rights of way now existing or traveled over and across any portion of the property herein described, together with the right and easement to install any poles, wires, pipes or similar utility structures over and along any or all of such rights of way, as granted by deed dated March 26, 1936 and recorded July 29, 1936 in book 541, page 244 of Official Records. 5. 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, egress January 18, 1937 in Book 613, page 126 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: County of San Diego public road purposes October 2, 1940 in Book 1068, page 496 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: County of San Diego public road purposes October 2, 1940 in Book 1075, page 403 of Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 5 Affects: SCHEDULED (continued) Order No.: 930022392-US0 The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 8. 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 road and utility purposes and incidental thereto December 27, 1961 as Instrument No. 222199 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 9. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Record of Survey No.: 6493 10. 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, egress July 29, 1975 as Instrument No. 75-0197823 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 11 . 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, egress June 12, 1979 as Instrument No. 79-241682 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company public utilities, ingress, egress August 21, 1979 as Instrument No. 79-350469 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Carlsbad Municipal Water District CL TA Preliminary Report Form -Modified ( l l-l 7-06) Page6 Purpose: Recorded: Affects: SCHEDULED (continued) Order No.: 930022392-US0 for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water lines August 22, 1979 as Instrument No. 79-0352199 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad for a public highway September 6, 1979 as Instrument No. 79-3 73667 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Costa Real Municipal Water District (formerly Carlsbad Municipal Water District) for road purposes September 23, 1980 as Instrument No. 80-308474 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation road and utility purposes and for drainage facilities June 30, 1982 as Instrument No. 82-201566 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 1 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Kaiser Development Company for slope and drainage rights including the rights of excavation and embankment and the right to construct drainage structures March 13, 1986 as Instrument No. 86-09793 7 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 18. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: March 13, 1986 County of San Diego, a political subdivision of the State of California, and the City of Carlsbad, a municipal corporation of the State of California June 27, 1986 as Instrument No. 86-0265572 of Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 7 Regarding: SCHEDULED ( continued) Order No.: 930022392-US0 Agreement between County of San Diego and the City of Carlsbad for the payment of a public facilities fee Reference is hereby made to said document for full particulars. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation for storm drainage facilities and appurtenances November 17, 1987 as Instrument No. 87-0642301 and re-recorded Januarv 5, 1989 as Instrument No. 89-006599, both of Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation for slopes and construction purposes July 15, 1992 as Instrument No. 1992-0443331 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation slope and construction purposes July 15, 1992 as Instrument No. 1992-0443331 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. An Agreement, and the terms and conditions as contained therein By and Between: Recorded: Regarding: City of Carlsbad, California, a municipal corporation, Coast Waste Management, Inc., a California corporation and the County of San Diego, a political subdivision of the State of California August 14, 1997 as Instrument No. 1997-0389855 of Official Records Settlement Agreement between the City of Carlsbad, the County of San Diego and Coast Waste Management Reference is hereby made to said document for full particulars. 23. Unrecorded lease and sublease and the terms, covenants, and conditions set forth therein as evidenced by document entitled "Settlement agreement between the City of Carlsbad, the County of San Diego, and Coast Waste Management", recorded August 14, 1997 as Instrument No. 1997- 0389855 of Official Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 8 SCHEDULED ( continued) Order No.: 930022392-US0 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation public street and public utility January 12, 2000 as Instrument No. 2000-0018490 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation drainage January 12, 2000 as Instrument No. 2000-0018491 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: MSGW California II, L. L. C. access road and utility January 12, 2000 as Instrument No. 2000-0018492 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 2 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: MSGW California II, L. L. C. landscape January 12, 2000 as Instrument No. 2000-0018493 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation road July 27, 2000 as Instrument No. 2000-0397499 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress CLTA Preliminary Report Form -Modified (11-17-06) Page9 Recorded: Affects: SCHEDULEB ( continued) Order No.: 930022392-US0 May 18, 2001 as Instrument No. 2001-0317562 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 30. An irrevocable offer to Dedicate a portion of said land for the purposes stated herein. In Favor Of: For: Recorded: Affects: The County of San Diego Public highway June 18, 2001 as Instrument No. 2001-040660 I of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said offer was accepted for public use by a resolution. Executed By: The County of San Diego Recorded: June 18. 2001 as Instrument No. 2001-0406601 of Official Records 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Buena Sanitation District sewer lines April 19, 2002 as Instrument No. 2002-0331024 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public street and public utility November 9, 2004 as Instrument No. 2004-01066306 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad conservation easement deed November 30. 2004 as Instrument No. 2004-01123441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Form -Modified (11-17-06) Page IO SCHEDULED ( continued) Order No.: 930022392-US0 34. 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, a corporation public utilities, ingress, egress April 5, 2007 as Instrument No. 2007-0228615 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public street and public utility August 22, 2007 as Instrument No. 2007-0558614 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Buena Sanitation District sewer lines August 20, 2009 as Instrument No. 2009-0467820 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 37, Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 3 8, Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. 39, Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted m a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company combined underground electrical system plus gas easement August 10, 2012 2012-0475462 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CL TA Preliminary Report Form -Modified ( 11-17-06) Page 11 SCHEDULED ( continued) 40. Matters contained in that certain document Entitled: Recording Date: Recording No: END OF SCHEDULE B Notice of Restriction Real Property January 16, 2013 2013-0033084 of Official Records CL TA Preliminary Report Form -Modified ( 11-17-06) Page 12 Order No.: 930022392-US0 Order No.: 930022392-US0 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. GP CL TA Preliminary Report Form -Modified ( 11-17-06) Page 13 INFORMATIONAL NOTES ( continued) A TT AC HM ENT ONE PRIVACY ST A TEMENT IMPORTANT INFORMATION: Order No.: 930022392-US0 For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form -Modified (11-17-06) Page 14 1 N N 09 DETAIL 'C' 1 .. • 400 1• NO ACCESS A. N 1Coo'1i~w 2ao.oo e. N.B~a· 4!ifE JS. 00 C, Fl• 258 180.!7 0. N 5~9'32' W 196,27 E. R • 642 448. 20 § 780-1156-25 31 AC -e .. F: N 83°D0'28'E 215.7;1 o. 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