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Home My WebLink AboutCT 89-13; HAMPTONS; Tentative Map (CT)c//, - -T- - - - ----- ------ - 0. City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 (619) 438-1161 'Fee $530.00 (1-25 lots or units) $765.00 (26-100 lots or units $1,310.00 (100 + lots or units) PLANNING DEPARTMENT TENTATIVE TRACT MAP Complete Description of Project (attach additional sheets if necessary) See Attached Sheet 4z ot-iUKITS o'4 7. AE-S. pc4q liiE ,6 oA H ED,o4OA AI-L A& f'zoVS&C r 1€ a Two pS, ,6V prz.c i4 ( 2 t FvL,i zcao r' 2-V7 0 Location of Project See Attached Sheet The 1'v6J 1 IS Locp-c c4 'p 62114, MOA HPU4OA LA400L In -i4e suc AA0 -1tPz4 be -it -c - t.r. Legal Description (complete) See Attached Sheet Local Facility Management Zone Assessors Parcel Number #1 207-101-01 Zone General Plan Existing Land Use P-C RMH 8-11.5 DU/AC Vacant Proposed Zone Proposed General Plan Site Acreage PRD SAME 7.8 ± AC Owner Applicant Name (Print or Type) Name (Print or Type) üno & Lea Ferrero Ej Jack, Penelope, Basil Spirt es H.R. Remington Properties ilailing Address Mailing Address 2101 W. Beverly Street 3 Monarch Bay 'Plaza-Suite 202 City and State Zip Telephone City and State Zip Telephone Montebello, CA 90640 South Laguna, CA 92677 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TOA1E BEST 0F1'2 THE ABOVE INFORMATION IS TRUE 4Y KNOWLEDGE. 7 _z/ 1/ AND CORRECT TO THE BEST OF MY KNOWLEDGE. VK N DATE UR. W1 l 10- Received By Fees Received Receipt No 5 /f9 $/,3.5) ct12LzJ PROJECT NUMBER (S) CT 9' Design/Architectural review Er Variance for Rezone from Tentative Subdivision/Parcel Map Grading/Land Planned Resi Development Permit No._______ ential/Commercial Development t1-r'F-vJç UYlP- •;Of-i APPLI4ON FOR COASTAL DEVELOPMENT PESI APPENDIX B LOCAL AGENCY REVIEW FORM fECTION A (To be completed by applicant)I Applicant HR REMINGTON PROPERTIES Project description PRELOAD GRADING TO PREPARE SITE FOR PROPOSED FUTURE RESIDENTIAL DEVELOPMENT Location CORNER OF 'PARK DRIVE AND MARINA DRIVE Assessor's Parcel Number 207-101-01 ISECTION B (TO be completed by local planning or building inspection department)J Zoning designation ''-U-4E'O du/ac General or. Community Plan designation 17L!T1,L_t1)1U-4 -'4k e7-15 du/ac Local Discretionary Approvals 0 Proposed development meets all zoning requirements rand nedsno1ocal permits other than building permits 1'opose1 development 'needs local discretionary approvals noted below.' Needed Received ' 0 U Site Plan Review O 0 Condominium Conversion Permit O 0 Conditional, Special, or Major Use Permit'No.____________ 01 D Other '1'- e ?2-/r' f 77-il/--/ 71-tc /c2 1ZWZ- íT) CEQA Status 0 Categorically Exempt - Class Item___________ 'Negative Declaration Granted _z-ni-i__/7, /Tc Li O Environmental Impact Report Required, Final Report certified_______________ Prepared for the City/County of (i1 by (/A7r72_LuT7 / Ti I 'ONTINENTAL LAND TITLE C014. AY A SUBSIDIARY OF AYERS TITLE INSURANCE CoRP.ATIoN • 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 CONTINENTAL LAND TITLE COMPANY 1015 NORTH MAIN STREET SANTA ANA, CA 92701 ATTENTION: LOUISE THOR YOUR No. 11226-LT/cENTRA DEVELOPMENT COMPANY OUR No. 123874-05 AMENDED DATED AS OF DECEMBER 28, 1988 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS 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 FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [x] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [XI 3. '-AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURACE POL3)Y) [1 •1 4. AMERICAN LAND TITLE SOCIAlION OWNER'S POLICY H KI'2'/ Y LUNA TITLE OFFICERS ANDRE PITFORD A ORDER NO. 123874-05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT Is: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED XN NINO FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY TRUST UNDER TRUST AGREEMENT DATED APRIL 24, 1984, AS TO AN UNDIVIDED ONE- HALF INTEREST, JACK N. SPIRTOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST AGREEMENT DATED APRIL 13, 1984, AS TO AN UNDIVIDED ONE-QUARTER INTEREST, AND BASIL N. SPIRTOS, AS TRUSTEE OF THE MONTEBELLO 08-GYN MEDICAL GROUP EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, AS TO AN UNDIVIDED ONE- QUARTER INTEREST THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION ,SCHEDULE A PAGE NO. 2 ( )ER NO. 123874-05 LEGAL DESCRIPTION 46 THAT PORTION OF LOT thII RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT-CORNER NO. 15 OF SAID LOT "1" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT SOUTH 53°44'35" EAST, 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PHIPPS, ET UX, RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS AS FOLLOWS; NORTH 25°01'15" EAST, ,(RECORD - NORTH 24°53'50" EAST) 597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY -LINE SOUTH 47°36'05" EAST, 153.79 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE 376.92 FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO SAID CURVE NORTH 7133'55" EAST, 100.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND OF PHIPPS; THENCE ALONG THE BOUNDARY LINE OF SAID-LAND OF PHIPPS, SOUTH 2501'15" WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT THENCE NORTH 6425'37" WEST, ALONG SAID SOUTHWESTERLY LINE 183.96 FEET TO CORNER 16 OF SAID LOT "i"; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID LOT, NORTH 53°44'35" WEST, 393.80 FEET TO THE TRUE POINT OF BEGINNING. 3 SCHEDULE B . . ORDER NO. 123874-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN. SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE 2. THE LIEN OFiSUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. / AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS -INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD, SEWER, GAS, POWER AND TELEPHONE WIRES RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI- CIAL RECORDS AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJOINING THE NORTHERLY LINE OF PARCEL 1 HEREIN DESCRIBED 4. / AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD, SEWER, WATER, GAS RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI- CIAL RECORDS AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 25.00 FEET IN WIDTH, LYING NORTHWESTERLY OF AND ADJOINING THE NORTHEASTERLY 680.49 FEET OF THE SOUTHEASTERLY LINE OF PARCEL 1 HEREIN DESCRIBED 5. /AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED T0 CITY OF CARLSBAD PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION AND/OR EMBANKMENT FACILITIES RECORDED: SEPTEMBER 8, 1965 AS FILE/PAGE NO. 163047 OF OFFICIAL RECORDS AFFECTS: A STRIP OF LAND 10 FEET IN WIDTH LYING SOUTHERLY OF AND ADJOINING THE NORTHERLY LINE OF THE HEREIN DESCRIBED PROPERTY SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." CHDULE B PAGE NO. 2 RDER NO. 123874-05 . . 6. / AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED: JUNE 2 1 1971 AS FILE/PAGE NO. 115381 OF OFFICIAL RECORDS AFFECTS: - AS FOLLOWS: ALL OF THAT PORTION OF LOT "I ", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 THAT IS CONTAINED WITHIN A STRIP OF LAND 7.50 FEET IN WIDTH, BEING ADJACENT TO AND SOUTHERLY OF A LINE THAT IS 10.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THAT PORTION OF SAID LOT "I" SHOWN ON RECORD OF SURVEY NO. 4852 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID NORTHERLY LINE BEING ALSO THE CENTER LINE OF THAT 60 FOOT WIDE EASEMENT SHOWN ON SAID RECORD OF SURVEY. SAID 7.50 FOOT WIDE STRIP OF LAND IS TO BE EXTENDED AND SHORTENED SO AS TO BEGIN IN THE WESTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852, AND TO END IN THE EASTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852. SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." 7. " AN EASEMENT FOR AERIAL AND UNDERGROUND TELEGRAPH, TELEPHONE, AND COM- MUNICATION STRUCTURES AND PURPOSES INCIDENTAL THERETO AS GRANTED TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY, BY DEED RECORDED MARCH 30, 1976 AS FILE/PAGE NO. 76-092217 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID PROPERTY OF SAID PROPERTY LYING WITHIN A STRIP OF LAND 42.00 FEET IN WIDTH LYING SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE. (SAID LINE BEING THE CENTER LINE OF PARK DRIVE) BEGINNING AT STATION NO. 11+54.00 ON THE CENTER LINE OF PARK DRIVE, BEING ALSO THE INTERSECTION OF THE CENTER LINES OF PARK DRIVE AND NEBLINA DRIVE, AS SAID DRIVES ARE SHOWN ON CITY OF CARLSBAD PROJECT NO. 72-18B, DRAWING NO. 166-3B, SHEET 3 OF 3 SHEETS, ON FILE IN THE ENGINEERING DEPARTMENT OF THE CITY OF CARLSBAD; THENCE ALONG SAID CENTER LINE OF PARK DRIVE, SOUTH 5929'39" EAST, 159.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID CENTER LINE NORTH 592939" WEST, 183.64 FEET; THENCE WESTERLY AND SOUTHWESTERLY 420.25 FEET ALONG A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 492.00 FEET; THENCE SOUTH 71°33'55" WEST, 43.76 FEET; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 449.12 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 423.00 FEET; THENCE NORTH 4736'05" WEST, 116.00 FEET TO THE POINT OF TERMINATION. 01 CHEDULE B PAGE HO. 3 . RDER NO. 123874-05 . 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION AND NINO FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY TRUST DATED APRIL 24, 1984, JACK N. SPIR- TOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST AGREEMENT DATED APRIL 13, 1984, AND BASIL N. SPIRTOS REGARDING: A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-039952 OF OFFICIAL RECORDS . / AN EASEMENT FOR THE PURPOSE-SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT To: O GRANTED STATE OF CALIFORNIA PURPOSE: PUBLIC ACCESS RECREATION AND NAVIGATION RECORDED: JANUARY 26, 187 AS FILE/PAGE NO. 87-39952 OF OFFICIAL RECORDS AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF • SURVEY NO. 10874, RECORDS OF SAN DIEGO COUNTY 10. -"'AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL 06- THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: STATE OF CALIFORNIA PURPOSE: PUBLIC ACCESS (INGRESS AND EGRESS) RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952 OF OFFICIAL RECORDS AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED AS SURVEY NO. 10874, RECORDS OF SAN DIEGO COUNTY 11. A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND DIMENSIONS OF SAID LAND. / • • • ,' ,( MAP NO.: 10874 • • 12. J AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIÔENTAL c9 THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: PUBLIC HIGHWAY RECORDED: MAY 13, 1988 AS FILE/PAGE NO. 88-226630 OF OFFICIAL RECORDS AFFECTS: AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 151628 RECORDED OCTOBER 3, 1967 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND SOUTH 47°43.'30" EAST 153.83 FEET TO THE BEGINNING OF A TANGENT 355 FOOT RADIUS CURVE, CONCAVE NORTHERLY THROUGH A CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 376.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 71°26'30" EAST 100.32 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE SOUTHEASTERLY BOUNDARY THEREOF SOUTH 24°53'50" WEST 46.84 • ,•(fi3_ jc • CHEDULE B PAGE NO. 4 IRDER NO. 123874-05 .• . FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE PARALLEL WITH AND DISTANT THEREON 34 FEET SOUTHERLY FROM THE AFOREMENTIONED LINE HAVING A COURSE NORTH 7126'30" EAST 32.88 FEET TO THE BEGINNING OF A TANGENT 449 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 470.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 47°43'30" WEST 40.16 FEET TO THE BEGINNING OF A TANGENT 469 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°07'37" AN ARC DISTANCE OF 25.60 FEET TO A POINT OF A O' REVERSE CURVE, CONCAVE SOUTHERLY; THENCE NORTH- WESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110030t17u AN ARC DISTANCE OF 57.86 FEET TO A POINT OF CUSP ON THE NORTHWESTERLY LINES OF SAID PARCEL OF LAND; THENCE TANGENT TO SAID POINT OF CUSP ALONG SAID NORTHWESTERLY LINE, NORTH 24°53'50" EAST 75.67 FEET TO THE POINT OF BEGINNING. 13. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. 14. IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. .:L.4 I 15. AN ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. ( 16. SUCH RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF: LAGOON 17. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 18. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 19. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY • IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS OF ADJOINING BEACH OR BODY OF WATER FOR RECREATION PUR- POSES. 7 - "HEDULE B PAGE NO. 5 'iDER NO. 123874-05 • S 20. THIS COMPANY WILL REQUIRE THAT A, CORRECT SURVEY OF SAID LAND, SATIS- FACTORY TO THIS COMPANY, BE SUBMITTED. IT IS RECOMMENDED THAT THE SURVEYOR CONTACT THIS COMPANY PRIOR TO STARTING THE SURVEY. 21. BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY WILL REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY THAT CENTRA DEVELOPMENT COMPANY (A) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE SIGNED AND (B) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTRY WHERE THE CORPORATION WAS FORMED. 22. THIS COMPANY WILL REQUIRE THE FOLLOWING TO INSURE A' LOAN BY OR A CON- VEYANCE FROM, THE ENTITY NAMED BELOW: CENTRA DEVELOPMENT COMPANY (A) A COPY OF THE CORPORATION BY-LAWS OR ARTICLES (B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE SUBJECT TRANSACTION. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CENTRA DEVELOPMENT CORPORATION PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF 'THIS REPORT. NOTE NO. 3: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $2,706.35 PAID PENALTY: $NONE 2ND INSTALLMENT: $2,706.35 OPEN PENALTY: SNONE EXEMPTION: $NONE LAND: $483,523.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 207-101-01 81 \ 207-10 * ' 5HT2 oi2, OO. \S t A ll C Ac 1A.61 AC- Q68AC .RILLS, DETAIL 314 2 _ 101 ot DETAIL B NO SCALE SHT 2 78 I5 L ii CHANG G15 Z. OLD NEW CUT 98 1,511 28 - 4 — 7 36 AC.SHT.I / e 6.1 .a AC 208 Em 3 1.90 •- - < 83 2 AC — — - — OIM lo • —, - — : — 0 r IS — = TO BE COZCT. TM CO. ASSS — — — NO LIABILITY ?OR ANY LOSS — — ocC al, 3LOtO?RELLCZ 'o *ccIcUf NI RPO( ON MAP 823 RHO AGUA HEDIONDA- POR LOT I - MM- 23 207 - ROS 3786, 4484, 4652, 5289, 5414, 901956, 9860 O / N - -- I. to cn • I. Aft i / -------- , --- 2W' 7 LOT H I LT f 4.St1sy • A 2 I I I a - M.J "A Dow OWN" •OOS 507. PI C 'p MAP 823 it • *A scua s• • \ (... OW.) '!I TO WJ •1 %L IHO* P4 , DUDS ( '-I ,,7•l Ir •4, >% at In am& YX;INITY MAP Li Pt.AT TO W.1V$TMTI PARK DRIVE EASEMENT CD(CATIO(4 MZtZ:;ZW'$ PARcLL NO QT-Ki-$ - - poga I i $ MS . • •1. • ,,•l I LI t'c 014 nDEC till EXHIBIT A" 4 /7 'ONTINENTAL LAND TITLE COM. AY A SUBSIDIARY OF LOWYERs TITLE INSURANCE COR ATION 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 CONTINENTAL LAND TITLE COMPANY 1015 NORTH 'MAIN STREET SANTA AMA, CA 92701 ATTENTION: LOUTSE THOR YOUR No. 11226-LT/cENTRA DEVELOPMENT COMPANY OUR No. 123874-05 AMENDED DATED AS OF DECEMBER 28, 1988 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS 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 FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [x] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [XI 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURAjCE POL3,Y7 [] , . ' 4. AMERICAN LAND TITLE ION OWNER S POLICY F ANDRE PIT\1FORD, KI TY LUNA/TITLE OFFICERS' , ORDER NO. 123874-05 . . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT Is: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN NIP4O FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY TRUST UNDER TRUST AGREEMENT DATED APRIL 24, 194, AS TO AN UNDIVIDED ONE- HALF INTEREST, JACK N. SPIRTOS AND PENELOPE SPIRTQS, TRUSTEES UNDER TRUST AGREEMENT DATED APRIL 13, 1984, AS TO AN UNDIVIDED ONE-QUARTER INTEREST, AND BASIL N. SPIRTOS, AS TRUSTEE OF THE MONTEBELLO OB-GYN MEDICAL GROUP EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, AS TO AN UNDIVIDED ONE- QUARTER INTEREST THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION SCHEDULE A PAGE NO. 2 ER NO. 123874-05 LEGAL DESCRIPTION THAT PORTION OF LOT 11111 RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT-CORNER NO. 15 OF SAID LOT "I" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT "I", SOUTH 5344'35" EAST, 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PHIPPS, ET UX, RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS AS FOLLOWS; NORTH 25°01'15" EAST, (RECORD - NORTH 24°53'50" EAST) 597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY -LINE SOUTH 4736'05" EAST, 153.7,9 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE 376.92 FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO SAID CURVE NORTH 71°33'55" EAST, 100.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND OF PHIPPS THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS, SOUTH 2501'15" WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT; THENCE NORTH 64°25'37" WEST, ALONG SAID SOUTHWESTERLY LINE 183.96 FEET TO CORNER 16 OF SAID LOT MItt; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID LOT, NORTH 53°44'35" WEST, 393.80 FEET TO THE TRUE POINT OF BEGINNING. SCHEDULE B . ORDER NO. 123874-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN. SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE 2. THE LIEN OFSUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD, SEWER, GAS, POWER AND TELEPHONE WIRES RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI- CIAL RECORDS AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJOINING THE NORTHERLY LINE OF PARCEL 1 HEREIN DESCRIBED 4. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD, SEWER, WATER, GAS RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI- CIAL RECORDS AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 25.00 FEET IN WIDTH, LYING NORTHWESTERLY OF AND ADJOINING THE NORTHEASTERLY 680.49 FEET OF THE SOUTHEASTERLY LINE OF PARCEL 1 HEREIN DESCRIBED 5. AN EASEMENT FOR THE, PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED To: CITY OF CARLSBAD PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION AND/OR EMBANKMENT FACILITIES RECORDED: SEPTEMBER 8, 1965 AS FILE/PAGE NO. 163047 OF OFFICIAL RECORDS AFFECTS: A STRIP OF LAND 10 FEET IN WIDTH LYING SOUTHERLY OF AND ADJOINING THE NORTHERLY LINE OF THE HEREIN DESCRIBED PROPERTY SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." 4- CHDULE B PAGE NO. 2 RDER NO. 123874-05 . . 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED To: CITY OF CARLSBAD PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED: JUNE 2, 1971 AS FILE/PAGE NO. 115381 OF OFFICIAL RECORDS AFFECTS: AS FOLLOWS: ALL OF THAT PORTION OF LOT "I ", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF. NO. 823, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 THAT IS CONTAINED WITHIN A STRIP OF LAND 7.50 FEET IN WIDTH, BEING ADJACENT TO AND SOUTHERLY OF A LINE THAT IS 10.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THAT PORTION OF SAID LOT "I" SHOWN ON RECORD OF SURVEY NO. 4852 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID NORTHERLY LINE BEING ALSO THE CENTER LINE OF THAT 60 FOOT WIDE EASEMENT SHOWN ON SAID RECORD OF SURVEY. SAID 7.50 FOOT WIDE STRIP OF LAND IS TO BE EXTENDED AND SHORTENED SO. AS TO BEGIN IN THE WESTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852, AND TO END IN THE EASTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852. SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." 7. AN EASEMENT FOR AERIAL AND UNDERGROUND TELEGRAPH1 TELEPHONE, AND COM- MUNICATION STRUCTURES AND PURPOSES INCIDENTAL THERETO AS GRANTED TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY, BY DEED RECORDED MARCH 30, 1976 AS FILE/PAGE NO. 76-092217 OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID PROPERTY OF SAID PROPERTY LYING WITHIN A STRIP OF LAND 42.00 FEET IN WIDTH LYING SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE. (SAID LINE BEING THE CENTER LINE OF PARK DRIVE) BEGINNING AT STATION NO. 11+54.00 ON THE CENTER LINE OF PARK DRIVE, BEING ALSO THE INTERSECTION OF THE CENTER LINES OF PARK DRIVE AND NEBLINA DRIVE, AS SAID DRIVES ARE SHOWN ON CITY OF CARLSBAD PROJECT NO. 72-18B, DRAWING NO. 166-3B, SHEET 3 OF 3 SHEETS, ON FILE IN THE ENGINEERING DEPARTMENT OF THE CITY OF CARLSBAD; THENCE ALONG SAID CENTER LINE OF PARK DRIVE, SOUTH 59°29'39" EAST, 159.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID CENTER LINE NORTH 59°29'39" WEST, 183.64 FEET; THENCE WESTERLY AND SOUTHWESTERLY 420.25 FEET ALONG A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 492.00 FEET; THENCE SOUTH 7133'55" WEST, 43.76 FEET; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 449.12 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 423.00 FEET; THENCE NORTH 47°36'05" WEST, 116.00 FEET TO THE POINT OF TERMINATION. 51 CHEDULE B PAGE NO. 3 RDER no. 123874-05 . . 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION AND NINO FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY TRUST DATED APRIL 24, 1984, JACK N. SPIR- TOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST AGREEMENT DATED APRIL 13, 1984, AND BASIL N. SPIRTOS REGARDING: i A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS RECORDED: JANUARY 26, 1987 AS FILE/PAGE No. 87-039952 OF OFFICIAL RECORDS 9. AN EASEMENT FOR THE PURPOSE-SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: STATE OF CALIFORNIA PURPOSE: PUBLIC ACCESS, RECREATION AND NAVIGATION RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952 OF OFFICIAL RECORDS AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF SURVEY No. 10874, RECORDS OF SAN DIEGO COUNTY 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: STATE OF CALIFORNIA PURPOSE: PUBLIC ACCESS (INGRESS AND EGRESS) RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952 OF OFFICIAL RECORDS AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED AS SURVEY NO. 10874, RECORDS OF SAN DIEGO COUNTY 11. A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND DIMENSIONS OF SAID LAND. i L' MAP NO. 10874 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO CITY OF CARLSBAD PURPOSE: PUBLIC HIGHWAY RECORDED: MAY 13, 1988 AS FILE/PAGE NO. 88-226630 or OFFICIAL RECORDS AFFECTS: AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DOCUMENT No. 151628 RECORDED OCTOBER 3, 1967 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND SOUTH 47°43'30" EAST 153.83 FEET TO THE BEGINNING OF A TANGENT 355 FOOT RADIUS CURVE, CONCAVE NORTHERLY THROUGH A CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 376.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 7126'30" EAST 100.32 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE SOUTHEASTERLY BOUNDARY THEREOF SOUTH 24°53'50" WEST 46.84 /1 CHEDULE B PAGE NO. 4 IRDER NO. 123874-05 .• . FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE PA1ALLEL WITH AND DISTANT THEREON 34 FEET SOUTHERLY FROM THE AFOREMENTIONED LINE HAVING A COURSE NORTH 71°26'30" EAST 32.88 FEET TO THE BEGINNING OF A TANGENT 449 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 60°50'00" AN ARC DISTANCE OF 470.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 47°43'30 WEST 40.16 FEET TO THE BEGINNING OF A TANGENT 469 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 307'37" AN ARC DISTANCE OF 25.60 FEET TO A POINT OF A 30' REVERSE CURVE, CONCAVE SOUTHERLY; THENCE NORTH- WESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11030'17" AN ARC DISTANCE OF 57.86 FEET TO A POINT OF CUSP ON THE NORTHWESTERLY LINES OF SAID PARCEL OF LAND; THENCE TANGENT TO SAID POINT OF CUSP ALONG SAID NORTHWESTERLY LINE, NORTH 2453'50" EAST 75.67 FEET TO THE POINT OF BEGINNING. 13. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. 14. IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. 15. ANY/ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. 16. SUCH RIGHTS AND EASEMENTS FOR.NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF: LAGOON 17. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 18. WATER RIGHTS, CLAIMS OR TITLE TO WATER. /19. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY I' IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS OF ADJOINING BEACH 'OR BODY OF WATER FOR RECREATION PUR- POSES. 7 - HEDULE B PAGE HO. 5 'LDER NO. 123874-05 .. 20. THIS COMPANY WILL REQUIRE THAT A, CORRECT SURVEY OF SAID LAND, SATIS- FACTORY TO THIS COMPANY, BE SUBMITTED. IT IS RECOMMENDED THAT THE SURVEYOR CONTACT THIS COMPANY PRIOR TO STARTING THE SURVEY. 21. BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY WILL REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY THAT CENTRA DEVELOPMENT COMPANY (A) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE SIGNED; AND (B) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTRY WHERE THE CORPORATION WAS FORMED. 22. THIS COMPANY WILL REQUIRE THE FOLLOWING TO INSURE A LOAN BY OR A CON- VEYANCE FROM, THE ENTITY NAMED BELOW: CENTRA DEVELOPMENT COMPANY (A) A COPY OF THE CORPORATION BY-LAWS OR ARTICLES (B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE SUBJECT TRANSACTION. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CENTRA DEVELOPMENT CORPORATION PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT. NOTE NO. 3: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $2,706.35 PAID PENALTY: $NONE 2ND INSTALLMENT: $2,706.35 OPEN PENALTY: $NONE EXEMPTION: $NONE LAND: $483523.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S N0 207-101-01 j 207-0 II Sw -- - 5HT2O'2, lots Akfj t - to IA.61 AC- lk SCALE 24 DETAIL 8 'N '\ 1! -- NO '-HANG, SCALE SHT 2 / A - \ ?' ) "-'1 6 F 15 01 Sime 77 .57331 73 - 0 28 • ,z 20 SHT. / J. /O' ,7fM isf 1.9 Lr25 • o.rrM 5312 AC -: O•IM 10 - • ----i;; 1l j _____________ r2 TIN WILE THIS PLAT IS BELIEnD . .•-'• - • -••.-----,, • - - •g I • OCCUREG By REASON UT RELIANCE MAP 823 - RHO AGUA HEDIONDA - POR LOT 1- MM- 23 - S 3786, 4484, 4852, 5289, 544, 90V9564 9860 ' / N, ,t II' I - -p , _J<..,po En g el 0) — iF A U I LOT Hi 1 13 ;-• - Iff liogm SAW O A949SOOM MAP .O Pi 10 "j'1f. Ii LOT S•1I. I ITE1 rz MAP 823 , I 'V SSC 1CA4.* • I. \" ... fF1$ TO W. P *MI1 DU U. aw II4 1N!TY MA_ PtAT TO k.LU$TMTI PARK DRIVE WmAimm J C*tst*t 1NU I$$ P.N PIAS EASEMENT ED1 CAT 1O4 • ,, • AZZZZO1 .RV_ EXHIBIT NAn t • /i7 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt Applicant: C2REM Description Amount PRE00032 420 00 Not valid unless valictated by cash Re PLEASE RETAIN RECEIPT FOR flEFUNDS OR 1DL 41, Receipt Nwbr R0012443 Transact : 2(00 : I Pay Type Method: 'Des:iptj. Payment Check -------------282 8065 05/22/00 0001 01 02 C-PRMT 420-00 . NTS . 420.00 QUALITY ORIGINAL (S) CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM________________________________________ DATE ACCOUNT NO. DESCRIPTION AMOUNT t / - 001 1 C2 RECEIPT NO. LJ - -NOT VALID UNLESS VALIDATED BY TOTAL ® Printed on recycled paper. CASH REGISTER - -77--77777-777 CITY OF CARLSBAD 1200 ELM ENUE CARLSBAD, CAUFO AlA 92008 4385621 REC'D FRO M_ i~I LiL ILLLcL DATE_ 11 ACCOUNT NO DESCRIPTION AMOUNT 7Of io OO £ 8 2Of %OO t/ 5!O1! )OI /O OO9OZ8// 6600 !ZVOU 0__ '0004 9O/2J)O)O3f RECEIPT NO. 91221 TOTAL 5,3 . . PLEASE NOTE: 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 compl,'ete. When the application is complete, the processing period will start up on the Iatqiof the completion letter. Applicant Signature: L\ Staff Signature: . f.( Date: L) To be stapled with receipt to application Copy for file S . S DISCLOSURE FORM APPLICANT: H .R. Remington Properties Name (individual, partnership, joint venture, corporation, syndicatif 3 Monarch Bay Plaza - Suite 202 South Laguna, CA, 92677 Business Address 714-476-1889 Telephone Number AGENT: CEP ASSOCIATED Name 8265-A Vickers Street Business Address 619-292-1 3 S .1 Telephone Number MEMBERS: N/A, N/A Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone N-umber (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is - true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner, Partner RECORDING REQUESTED BY WHEN RECORDED MAIL TO F NAME STREET ADDRESS CITY STATE ZIP L I (SPACE ABOVE THIS LINE FOR RECORDERS USE)_______________ POWER OF ATTORNEY — GENERAL [includes optional DURABLE POWER OF ATTORNEY] KNOW ALL PERSONS BY THESE PRESENTS: That l, NINO FERRERO, as trustee of the Nino and Lea Ferrero Family Trust, dated April 24, 1984 the Undersigned (jointly or severally, if more than one) hereby make, constitute and appoint LENI STRACK my true and (awful Attorney for me and in my name, place and stead and for my use and benefit: (a) To ask, demand. sue for. recover, collect and receive each and every sum of money, debt, account, legacy, bequest, interest, dividend, annuity and demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to compromise or compound any claim or demand, (b) To exercise any or all of the following powers as to real property, any interest therein and/or any building thereon To contract for, purchase. receive and take possession thereof and of evidence of title thereto, to lease the same for any term or purpose, including leases for business, residence, and oil and/or mineral development: to sell, exchange, grant or convey the same with or without warranty, and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement, (C) To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, choses in action and other property in possession or in action: To contract for, buy, sell, exchange. transfer and in any legal manner deal in and with the same, and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement. (d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security, and to loan money and receive negotiable or non-negotiable notes therefor with such security as he/she shall deem proper. (e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be trustor or beneficiary. to represent and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing. reorganization, merger, liquidation, consolidation or other action and the extension, compromise. conversion, adjustment, enforcement or foreclosure, singly or in conjunction with others of any corporate stock, bond, note, debenture or other security, to compound, compromise. adjust, settle and satisfy any obligation, secured or unsecured, owing by or to me and to give or accept any property and/or money whether or not equal to or less in value than the amount owing in payment. settlement or satisfaction thereof, (t) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge and deliver any deed. lease, assignment of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial interest under deed of trust, extension or renewal of any obligation, subordination or waiver of prioriy, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill. bond, note, whether negotiable or non- negotiable, receipt, evidence of deb j , full or partial release or satisfaction of mortgage, judgment and other debt, request for partial or full reconveyanCe of deed of trust and such other instruments in writing"any kino or class as may oe necessary or proper in the premises () IStrike if not applicable J This Powerof Attorney shall not be aflected by subsequent incapacity of the principal land shall remain effective for a period of_ years alter the disability or incapacity occurs] -tnt ±Se- if- eabe Powect-AftcfeT el1-be me-eMectwe' up incepety-of the prtietpl-& s-iemein ef1eetie-1of -pefi&i- --yeas-af4er- +19e- t3thIy-efrfMpaet+y-Oeet1P (I) it lt (9) and/or (h) are not stricken, the following warning applies ' WARNING TO PERSON EXECUTING THIS DOCUMENT: This is an important legal document. It creates a durable power of attorney. Before executing this document, you should know these important facts: 1. This document may provide the person you designate as your attorney in fact with broad powers to manage, dispose, sell, and convey your real and personal property and to borrow money using your property as security for the loan. 2. These powers will exist for an indefinite period of time unless you limit their duration in this document. These powers will continue to exist notwithstanding your subsequent disability or incapacity. 3. You have the right to revoke or terminate this power of attorney. 4. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as I might or could do it personally present, hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine in his/her sole discretion the time when, purpose for and manner in which any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by him/her pursuant hereto, and in the acquisition or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms thereof for cash, credit anti/or property, and if on credit with or without security. When the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. WITNESS my hand this 1 day of _____.J- ftJ_) Nino nd Lea F rrero Family Trust, da d ________________ } STATE OF CALIFORNIA ___ _________ _ COUNTY OF On this i- day of 'T1.4 k— '1' in the year 19,.!, before me, the undersigned, a Notary Public in and for said State, personally appeared ///4IO personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name _/ - subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. Notary Public-C*IIfoml* OFFICIAL SEAL ____________________________ H. RAYMOND SAVOIAN Notary Public in and for said State. LjDS ANGELES COUNTY POWER OF ATTORNEY- CENERAL'lincludes iirironai OIIRA6LE POWER OF Al TORNEVI This SlarrOalli form Cover', most usual probOrots lit tile hold ntiit.,rlrid Ociole you WOECOITS FORM 1400—Rev. 12-06 urge. read Ii, liii in all blanks, and sake cilarrhe', proper is your transaction My omm. Exp. Oct. 12, 1903 1911k WOLCOTTS. INC (pdcsciau3) Consult a lawyer it you doubt The lairs s illness log your purpose EXHIBIT '3' LAND DESCRIPTION A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS (ingress and egress) over the following described parcel of land being a portion of Lot '1' of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, accord- ing to map thereof No. 823, filed in the Office of the County Recorder of said county, more particularly described as follows: A strip of land 25.00 feet wide lying northwesterly of and adjoining the following described line: COMMENCING at Corner No. 15 of said Lot 'I' as shown on said map No. 823; thence southeasterly along the southerly line of said Lot 'I', S.53 0 44 1 35'E., 499.45 feet to the most ,southwesterly corner of that parcel of land described in Parcel 1 of the deed to Robert W. Phipps, et ux, recorded October 29, 1,958 under Document No. 179767 of Official Records; thence along the boundary line of said land of Phipps as follows: N.25 0 01 1 15'E., (Record N.24 0 53 1 50 0 E.) 597.84 feet; thence continuing along said boundary line S.47 036 1 05'E., 153.79 feet to the beginning of a tangent curve, concave northerly, having a radius of 355.00 feet; thence easterly along said curve 376.92 feet, through an angle of 60050 1 001; thence tangent to said curve N. 71 0 33 1 55'E., 100.40 feet to the northeasterly corner of said land of Phipps and the TRUE POINT OF BEGINNING of the herein described line; thence S. 25 0 01 1 15'W., 780.49 feet to the end of the herein described line. EXCEPTING THEREFROM that portion of said land included within Park Drive as described in deed recorded May 10, 1965, as Document No. 83318, of Official Records of San Diego County. The side lines of said 25.00 foot strip are to be prolonged or shortened so as to terminate at the south line of said Lot I and at the south line of said Park Drive respectively. Said land is shown on that certain Record of Survey recorded as Survey No.10t7g_, Records of San Diego County. END OF DESCRIPTION 4' S 0 IIAMPTONS PROJECT 1)ESCR IPTEON/JUSI [Fl CATION The llainptons project is on a 7.8 acre site located between ['uric Drive to the north, Agua Iledlonda Lagoon to the south, Marina [)rive to the west and proposed Laguna Shores to the east. The main access to the project will be from Laguna Shores, a proposed cul de sac and will he gated to restrict access to residents and guests only. The project is proposed to consist of 42 air space condominiums grouped in buildings of 4 and 6 units. All units are proposed to be 2 story with two car garages. Three models are proposed ranging in size from approximately 2020 square feet to 2270 square feet. All units have 3 bedrooms and with either a media room, library or family room. The site plan has been arranged around private streets with gated access front Laguna Shores Drive. Two visual corridors are provided from ['ark Drive as well as a 100' buffer front the wetland area of the Agun lied ioiila Lagoon. The open space provided in the project Is 4.7 acres or 60?. Within the visual corridors a system of lakes and low landscaping are proposed. The rear of most units are oriented toward these areas and are turned slightly to catch views of the lagoon. Twelve units are directly oriented toward the Agua hIed.ionda Lagoon along the 100 foot buffet'. Tlil s area is proposed by the City of Carlsbad to be an active recreation area emphasizing wind surfing. To accommodate this activity a sand area adjacent to the lagoon Is proposed. An undulating walk access will be provided from the end of Laguna Shores west to the project boundary. The area between the walk and project buildings will contain undulating slopes and landscaping. Privacy walls for each unit along the lagoon will be provided at the 100 foot buffer line. The pPoject will require the processing of a tentative map for an air space condominium and PUD permit. An environmental application will also be submitted. The project as proposed Is cons 1st utti with the City's current General Plait, Zoning Ordinance and Local Coastal Plan for the Agtia Hedionda Lagoon. The allowed density on the site Is 11.5 dwelling units per acre. The proposed project density is 5.4 dwelling units per acre. The project is proposed to be a high quality gated community oriented to the amenities provided by the Agua hled.ionda Lagoon. Large units with extensive lakes and landscaping are proposed. Public benefit will be provided by Improvement of access to the lagoon and provision of a mittintuin 100 buffer along the wetland areas. Ii will also clean up an area now littered with trash and with policing difficulties. We respectfully request your, favorable consideration on this project. REP: 2CORR/T-6-89 CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 2921353 FAX: (619) 218-8013 Oceanside (619) 433.3142 • Rancho California (714) 616-1853 .0 EXHIBIT "A" . LEGAL DESCRIPTION THAT PORTION OF LOT "I RANCHO AGUA IIED1ONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: IIEGINNINGAT CORNER NO. 15 OF SAID LOT "I" AS SHOWN ON MAP NO. 823; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT "I". SOUTH 53°44'35" EAST, 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PIIIPPS, ET UX, RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767 OF OFF ECIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS AS FOLLOWS; NOR'l'lI 25 0 0.1 '.15" EAST, (RECORD - NORTH 24 -53 1 50" EAST) .597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINE' SOUTH 47°36'05" EAST. 153.79 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE 376.92 FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO SAID CURVE NORTH 71"33'55" EAST, 100.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND OF PIIIPPS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PIIIPPS, SOUTH 25 0 01'lS" WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT; THENCE NORTh! 6-1 0 25'37" WEST, ALONG SAID SOUTHWESTERLY LINE 183.96 FEET TO CORNER 16 OF SAID LOT "I"; THENCE CONTINUING ALONG THE' SOUTHWESTERLY LINE OF SAID LOT, NORTH 53 0 44'35" WEST. 393.80 FEET TO THE TRUE POINT OF BEGINNING. . . STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Si 'na tu re Date I7,14 fEi2— /,M/AJ7Ai Name (Print) / 466o- Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 IT' \ TENTATIVE MAP PPLCATION REQUIREMENTS L. Fifteen (15) copies of tentative map/preliminary grading plan (24" x 36" folded to 8 1/2" x 11 11 ) shall contain the following information: I. General Information: LI A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; LI B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the - maps; L_L C. North point; D. Scale; vicinity map; LL E. Date of preparation; LI F. Classification of lots as to intended residential, commercial, industrial or other uses; LI G. Proposed name and city tract number of the subdivision; H. Any proposed phasing by units; I. Number of units to be constructed when a condominium or community apartment project is involved; G. Name of sewer and water district providing service to the project. II. Site Information: A. General LI 1) Approximate location of existing buildings and permanent structures and proposed condominium buildings; 2) Location of all major vegetation, showing size and type; LI 3) Location of railroads; U 4) Legal description of the -exterior boundaries of the subdivision (approximate bearings, distances and curve data); U 5) Lot lines and approximate dimensions and number of each lot; - B. Streets and Utilities U 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering DepartinentPolicies. (Especially - Policy Numbers 1 and 22) LI 2) Name, location and width of existing adjacent streets and alleys. 3) Typical street section for all adjacent streets and streets within the project. APPLICATION REQUIREMENTS PAGE: 1 . I U 4) Width and location of all existing or proposed public or private easements; L_i 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. LI 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. Li 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. - C. Grading and Drainage LI 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and - those to be saved; Li 2) Earthwork volumes; cut, fill, import and export. Li 3) Spot elevations at the corners of each pad. 4) Method of draining each 1t. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision show location and approximate size of any - proposed detention/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is • One (1) within or adjacent to a FEMA flood plain. copy of 8 1/2" x 11" site plan. Lf 3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" _ 4. - vicinity Environmental maps on the site plan are not acceptable). Impact Assessment Form ($175). LY 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. '. Disclosure Statement. ~~~7. Proterty Owners' List and Addressed Labels - A typewritten list of name and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. APPLICATION REQ96EMENTS PAGE: 2 . DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. L<8. 600 Foot Radius Man (Not needed for Planning Commission Determination and Special use Permit). A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. L_/ 9. This number not used. zio. Two (2) copies of the Preliminary Title Report (current within the - last six [6] months). LI 11. Proof of availability: / 1. Sewer - if located in the Leucadia County Water District. 2. Sewer - if located in the San Marcos Water District. /V( 3.\.-Water - If located in the Olivenhain Municipal Water L L..../ 12. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhThs ] ' 3. Statement of agreement to waive tentative tract map time :.nits. Ld 14. Constraints MaD (24" x 36 11 ) folded to 8 1/2" x 11" shall include - the following information: LL 1. Major ridge lines LI 2. Distant views LI 3. Internal views II 4. Riparian woodlands LL 5. Intermittent drainage course 6. 25 - 40% slopes 7. Slopes 40% and above 1/ 8. Major rock outcroppings LL 9. Easements LL 10. Floodplains LI 11. Archaeological sites LI 12. Special planning areas LI 13. Biological Habitats. APPLICATION REQUIREMENTS PAGE: U 15. One (1) copy of 8 1/2" x 11 11 traffic volume location map of all roadways potential impacted by project to include the following information: existing volumes, ultimate volumes, project only volumes, and phased (if applicable) volumes. Lf 16. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. APPLICATION REQUIREMENTS PAGE: 4 . I Costa Real Municipal Water District 50 F1 Caminci lcir, Carlsbad. CA 92005 ngJneerfrg; (619) 438-3867 AdmInItratlo: (619) 438-2722 March 24, 189 David Kahiar Cap Associated 8265 Vickers Street, Suite A San Diego, CA 92111 R; LagunaRiviera..- CRM%cD Project Nu, 85-C.126 Dear Ddve Kahieri The Pubjeot project is located within the Costa Reel Municipal Water District service area. Water service ean be made available, to each lot/unit that may be developed at the time an application for service is compieted, and all applicable tees are paid. The applicant shall meet the conditiona of the Costa Real Municipal Wasr District and its Water Master Plan. In- tallation of any facilities shall be in accordance with the Diric.t's "Standard Plans and Specifications" dated 3anuary 1987. Developer/Owner shell meet with the Fire Marahal and District Engineer and meat all requirements to provide fire and domestic flow and will pay all coats associated with pro- viding said service. nolosed for your use are portions of the District's Water Master Plan stating (GPD) Demands (page 26), plu5 addi- tional information , pages 30 thru 33 for your use." Very truly yours, P. Jr Whitle Engineering sup rvisor Fill ;om CRMWD 85-C.126 P1rR-1----89 FRI iS :22 P 2 w P Carlsbad Unified School District MailingAddrow 801 Pino Avcn.te, Crhibad, Ca1i(brn* 92008-2439 6,950 Yarrow Priv, Sufto A. Carlsbad, CaIffbma 920094544 (619) 729-9291 P'AX# (619) 439-5798 "All Students Can Learn" flOART)OFTRUSTF.E$ March 10, 1989 J. EDWARD SWITZER, JR. rIdon DONALD M. JOHNSON Vied ProsIdn JOANGEL City of Carlsbad Clark Planning Department JAMES KoCORMOK 2075 Las Palmas Drive Mombr Carlsbad, CA 92008 JuL1ArR L. NYGAARD Mombor Attn: Mr. Martin Orenyak, Building and Planning Director Dk1PRZ(P Ref CEP Associated ADMINISTRATION 42 condominiums at Intersection of Park Drive THOMAS K.BRIEItLEY, Ed.D. and Marina Drive LEMP Zone 1 5nporthtondon SUSAN-HARUMI BENTLEY,Ed.D. Gentlemen: ARIithnt Supor1nthndon Inntructionikl Sorvkø Our district has reviewed the proposed development of 42 JOWiH.BLUR condominiums located at the above-referenced location and Aimitttant Superintendent has evaluated the impact of that development on the facilities of the District. GERALD C. TABMAN A8fothnt 8uporint.ondon PorHnnnol Sorvicon The Governing Board wishes to advise the City officials and - CUERYL ERNST residents of Carlsbad that, as residential units are added to the community, it is lTkely that many classes in the IlomontiryEduouI.ian District will become crowded, resulting in possible DEWAYNELPEASEL impairment to the educational and transportation services Mnnngnr offered to the students. It is also probable that the Titii4fMnnthnnnco/ students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and in fact, may attend school across town. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, )o "dl Georgiana W. Kirby Information Systems Manager C: John Blair mw Distinguished School Board Award 1984, United States Department of Education crTr CF ARIS1D . • ,. •'1,T _.1 •,•.• FxrECr IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND .: LOCAL FACIMY MAN7EME21T ZONE: 1 GENERAL PLAN: RMH ZONING: PC DEVELOPER'S H.R. Remington Properties ADESS: 3 Monarch Bay Plaza, South Laguna, CA 92677 PI-K1E NO.: 714-476-1889 ASSESSOR'S PARCEL NO. 707-101_Ui JANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU) :7. A ± AC 42 DI ESTIMATED (XIIPLETION DATE: Unavailable A. City Administrative Facilities; Demand in Square Footage = 155,, 673 B. Library; C. Wastewater Treatment capacity (Calculate with J. Sewer) D. ?arks; 0 Demand in Acreage = .-i i vi4 r, E. Drainage; Demand in CFS = N/A Identify Drainage Basin =Agua_Hedionda Lagoon (Identify master plan facilities on site plan) Watershed F. Circulation; Demand in Acreage = 336 ADT (Identify Trip Distribution on site plan) G. Fire; Served by Fire Station No. I. Schools; Acreage Provided - 4.7 AC (60%) (Demands to be determined by staff) J. Sewer; Demand in EtXJs - 9240 Identify Sub Basin - j3_ - (Identify trunk line(s) iacted on site plan) K. Water; Demand in GM) - 18,900 I . LOCAL FACILiTIES IMPACTS ASSESSMENT THE HAMPTONS A. CITY ADMINISTRATIVE FACILITIES 3.7065 SQ.FT. X 42 DU'S = 155.673 SQ.FT. B. LIBRARY 1.978 SQ.FT. X 42 DO'S - 83.076 SQ.FT. C. WASTE WATER TREATMENT CAPACITY SEER PLANT CAPACITY IS ADEQUATE FOR AT LEAST A FIVE YEAR PERIOD. D. PARKS .007413 ACRES X 42 DO'S = .311346 ACRES E. DRAINAGE THE PROJECT IS LOCATED WITHIN THE AGUA IIEDIONDA LAGOON WATERSHED. RUNOFF IS PROPOSED TO EMPTY INTO AN EXISTING 36" RCP STORM DRAIN LOCATED IN THE--YET-TO--BE-BUILT LAGUNA SHORES PLACE OFF OF PARK DRIVE. F. CIRCULATION ADT'S FOR PROJECT = 336 (8 X 42 DO'S) SEE ATTACHED TRAFFIC LOCATION MAP. C. FIRE RESPONSE TIME FROM STATION #3 TO PROJECT AREA IS 5 MINUTES. II. OPEN SPACE THE PROJECT IS PROPOSING 1.2 ACRES TO BE LEFT NATURAL AND 3.5 ACRES TO BE IMPROVED LANDSCAPED OPEN SPACE AREAS. THIS REPRESENTS 60% OF THE TOTAL 7.8 ACRES. I. SCHOOLS SEE ATTACHED LETTER FROM SCHOOL DISTRICT PROPOSED PROJECT WILL GENERATE 8.4 STUDENTS (.20/DO) J. SEWER COLLECTION SYSTEM CITY OF CARLSBAD SEWER SERVICE DISTRICT SECTION NAH3 EDO'S = 9240 K. WATER DISTRIBUTION SYSTEM SEE ATTACHED LETTER FROM COSTA REAL MUNICIPAL WAFER 1)1ST. WATER DEMAND FOR PROJECT 18,900 GPD Civil Engineering - Planning San Diego - Oceanside 16 do CEPA TRANSMITTAL FORM Agu, TO: CITY OF CARLSBAD DATE: !IARCJI 24, 1989 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 ATTENTION: PLANNING DEPARTMENT JOB NUMBER: 735.00 SUBJECT: THE HAMPTONS TM & PUD WE ARE TRANSMITTING: °APPLICATIONS FOR A TENTATIVE TRACT MAP & PLANNED UNIT DEVELOPMENT. 0 8 1/2 X 11 COPY OF SITE PLAN. 08 1/2 X 11 COPY OF LOCATION MAP. °ENVIRONMENTAL IMPACT ASSEMENT FORM. °PUBLIC FACILITY AGREEMENT(1 NOTARIZED ORIGINAL. 1 REPRODUCED COPY) °DISCLOSURE STATEMENT. 0 1 LIST OF PROPERTY OWNERS WITHIN 600' OF PROPERTY. 02 SETS OF MAILING LABELS. 0 600 1 RADIUS MAP. 03 SETS OF TITLE REPORT. °STATEMENT OF AGREEMENT. 05 SETS OF CONSTRAINTS MAP. 01 COPY OF 8 1/2 X 11 TRAFFIC LOCATION MAP. 01 COPY OF BIOLOGICAL SURVEY BY RECON. 02 COPIES OF SOILS REPORT BY NINYO AND MOORE. 01 COPY OF PROJECT DESCRIPTION AND JUSTIFICATION. Respectfully, CEP ASSOCIATED DAVID KAHLER PLANNING DEPARTMENT Page 1 of 2 CEP ASSOCIATED . 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 292-1353 C.ivil Engineering - Planning 0 San Diego - Oceanside 0 TRANSMITTAL FORM TO: CITY OF CARLSBAD DATE: 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 APU Z(', MARCH 24-; 1989 ATTENTION: PLANNING DEPARTMENT JOB NUMBER: 735.00 SUBJECT: THE HAMPTONS TM & PUD WE ARE TRANSMITTING: °LEGAL DESCRIPTION °COASTAL DEVELOPMENT PERMIT (SUPPLEMENTAL APPLICATION) °LOCAL FACILITIES IMPACTS ASSESSEMENT FORM °SERVICE AVAILABLITY LETTERS FROM: CARLSBAD UNIFIED SCHOOL DIST. COSTA REAL MUNICPAL WATER DIST. 0 15 COPIES OF SITE PLAN. 015 COPIES OF PRELIMINARY LANDSCAPE PLAN. 0 15 COPIES OF BUILDING ELEVATIONS AND FLOOR PLANS. °CHECK NO. 5031 FOR $1,495.00 (TM $765, PUD - $530, ENVIRO. - $175, PUBLIC FACILITY $25) Respectfully, CEP ASSOCIATED ":~Uu'vj# DAVID KAHLER PLANNING DEPARTMENT REF: JOBS/TRANSMITTA Page 2 of 2 CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 292-1353 . S CITY OF CARLSBAD 1635 Faraday Avenue (760) 602-4600 PRELIMINARY REVIEW SUBMITTAL PROCEDURE FA r-AX W2r yff 1?criew? It is an early, informal review of your project by the Planning and Engineering Departments prior to a formal application submittal. WF Jwu1d y-aiz cia preIimi2aZyZ?C1ew? • To obtain early project direction • To reduce your development costs • To shorten your processing time • To alleviate costly redesigns. 21ya1z zzeed ta gi're u: • Application form (signed by the owner(s) of the property unless applicant has sufficient le2al interest in the property.) • Checklist • Six (6) sets of your site plan. Provide enough details to allow staff to adequately review your plans and answer your questions. • Fee (See current fee schedule for cost) • Other information you want to provide to explain your proposal. WMNiitici W I?W ta 1zbm13t: Your application may be submitted at the Planning Department front counter from 7:30 a.m. to 4:30 p.m. Monday through Thursday or 8:00 a.m. to 4:30 p.m. on Friday. Submittals received by 4:30 p.m. on Friday will be reviewed at the next Thursday's staff meeting, unless four reviews have already been scheduled in which case the review will be scheduled for the next available meeting. Submittals will be scheduled in the sequence they are received until four reviews are assigned per staff meeting. I4''azzz' pp1icat1azz Lspzceseci: After a submittal is made, a staff planner and staff engineer will be assigned to take your project to their respective staff meetings for preliminary review. You may make a brief presentation prior to the staff meeting to discuss your project with your staff planner and engineer. If you indicate this on the application form you will be contacted to set up a meeting time. We will do our best to establish a time convenient to you, but meeting dates and times may be limited due to our precommitted work schedule. Written responses to your submittal will be mailed following the staff meeting review and should be received by you within thirty days after the review date. A copy of your project will be kept on file in the Planning Department. The preliminary review does not represent an in-depth analysis of your project. The completeness and accuracy of your submittals will dictate the civality of your project's preliminary review. Additional issues of concern may be raised after your application is formally submitted and processed for a more specific and detailed review. CP FRM0025 12/99 PAGE 1 of 3 S fl PRELIMINARY REVIEW CHECKLIST Staff would like to know what information you primarily want from this review. With this known, we can focus most of our attention on researching and answering your main questions(s). Please check the one or two boxes below which best describes the information you would like us to concentrate on, and/or check the box marked "other" and tell us in your own words what information you would like from us. LII SITE DESIGN: Focus is on reviewing issues such as development standards (setbacks, building height, etc.), hillside compliance, landscaping, signage, open space requirements, and other physical aspects of zoning. Plans adequately illustrating these features are needed for review. LII LAND USE: Focus is on determining the compatibility of the proposed land use with the existing general plan and zoning designations, determining whether staff could support a general plan amendment or zone change, and determining compatibility of the proposed land use with surrounding land uses. ARCHITECTURE: Focus is on establishing quality architecture and checking its compatibility with the surrounding area and against any applicable guidelines or plans. Building elevations or other architectural information are needed for review. D ZONING INTERPRETATIONS: Focus is on interpreting any aspects of the zoning ordinance. [I] ENGINEERING STANDARDS: Focus is on reviewing all engineering-related issues, such as grading, drainage, circulation and traffic, street vacations, easements, subdivisions, etc. LI OTHER: In the space below, please list any other issues you would like us to review. FRM0025 12/99 PAGE 2 of 3 . . PRELIMINARY REVIEW APPLICATION PROJECT NAME: OWNER (Print or type) APPLICANT (Print or type) * T1 Address Address fl (69 Miftttiz. eui D. City, State & Zip_________________________ City, State & Zip fl Telephone J Telephone /4/ 4k°\ 6,(01 Signature Print Name Print Name _iL *Owners signature indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN):lO/- -101 ()1 DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): (cv WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? E NO L-4 PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. CJThL -d:'- FOR CITY USE ONLY PROJECT NUMBER: CC) FEE REQUIRED/DATE FEE PAID: 419-C) CC) RECEIPT NO.: RECEIVED BY: ((LY Routing: Planning Engineering Fire Water Other____________ F11M0025 12/99 PAGE 3 of 3 I / 1919. 87 039952 FFICIAt- 19 7J RECORDING REQUESTED BY N 26 A O' 12 and When Recorded MaiLl STATE OF CALIFORNIA Donald R. Currier, Deputy Attorney General 3580 Wilshire Boulevard, Suite 600 Los Angeles, California 90010 STATE OF CALIFORNIA OFFICIAL BUSINESS (Document entitled to free recordation 11 pursuant to Government Code Section 6103) MG State Lands Commission AD NO. 19 rc 1 No Tax Due --------------------- NOTE: These conveyances are entered into solely for the purpose of perfecting title to the property herein described and, accordingly, do not involve a change in ownership pursuant to Section 62(b) of the California Revenue and Taxation Code. AGREEMENT AND CONVEYANCES AD NO. 19 Instructions to the County Recorder of the County of San Diego: This document operates (i) as a State of California Deed quitclaiming certain real property to private parties, and (ii) as an Easement Deed from private parties to the State of California. Therefore, please index this document as follows: GRANTOR Nino Ferrero and Lea Ferrero, Trustees of the Nino and Lea Ferrero Family Trust dated April 24, 1984, Jack N. Spirtos and Penelope Spirtos, Trustees under Trust Agreement dated April 13, 1984, and Basil N. Spirtos GRANTEE PROPERTY State of Easements as California described in Exhibits 2 and 3 hereto State of California Nino Ferrero, and Quitclaim of Lea Ferrero, Trustees property of the Nino and Lea described in Ferrero Family Trust Exhibit 1 dated April 24, 1984, hereto Jack N. Spirtos and Penelope Spirtos, Trustees under Trust Agreement dated April 13, 1984, and Basil N. Spirtos AGREEMENT AND CONVEYANCES AD NO. 19 THIS AGREEMENT is made and entered into by and be- tween: the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (hereinafter referred to as the State') and NINO FERRERO and LEA FERRERO, Trustees of the Nino and Lea Ferrero Family Trust dated April 24, 1984, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under Trust Agreement dated April 13, 1984, and BASIL N. SPIRTOS (here- inafter referred to collectively as the 'Upland Parties'). -2- WHEREAS, under the treaty of Guadalupe Hidalgo, the United States of America agreed to recognize all preexisting property rights in Spanish and Mexican rancho grants; WHEREAS, the Rancho Agua Hedionda was granted by Juan B. Alvarado, Constitutional Governor of California, to Juan Maria Marron on August 18, 1842, and pursuant to the - Treaty of Guadalupe Hidalgo and the Act of March 3 1 1851 a confirmatory patent was issued by the United States of America, dated December 12, 1872, and recorded April 28 1 1873 in Book 1, Page 150 of Patents, Records of the County of San Diego, and Upland Parties are the record owner of a portion of the Rancho Agua Hedionda hereinafter referred to as the 'Ferrero Lands', which are described in Exhibit 1 attached hereto and by this reference made a part hereof, said Ferrero Lands being shown on that certain record of survey recorded as Record of Survey NO.101%74, Records of San Diego County. WHEREAS, the State of California acquired title to certain tidelands and submerged lands by virtue of its sovereignty upon its admission to the Union. -3- WHEREAS, the State has heretofore claimed that a portion of Ferrero Lands consists of tidelands that are impressed with the public trust easement for commerce, navigation and fishery; WHEREAS, Upland Parties claim that they are the owner in fee simple absolute of the Ferrero Lands, that said lands did not consist of tidelands in 1842 when the Rancho Agua Hedionda was granted, in 1850, from 1850 through 1873, or subsequently to date, and that the State has no right, title, estate, lien or interest in said lands by virtue of its sovereign capacity; and that the Ferrero Lands are not subject in any respect to a public trust easement for commerce, navigation and fishery; WHEREAS, a dispute had arisen between the State and Upland Parties concerning tne impact of the State's claims regarding the public trust easement for commerce, navigation and fishery within the Ferrero Lands; WHEREAS, on October 18, 1982, Upland Parties commenced an action to Quiet Title and for Declaratory Relief entitled Nino Ferrero, et al. v. State of California, et al., San Diego Superior Court Case No. N20963; I -4- WHEREAS, negotiations have been conducted between representatives of Upland Parties and the State concerning resolution of the abovedescribed disputes; WHEREAS, on April 17, 1984 the United States • Supreme Court in Summa Corp. v. California ex rel. State Lands Commission (1984) - U.S. - 180 L.Ed 2d 237, 104 S.Ct. 17511 ('Summa') held that the State is now precluded from asserting a claim that the State acquired a public trust easement for commerce, navigation and fishery upon its admission to the Union over tide and submerged lands located within the boundaries of a rancho grant confirmed by the federal patent process pursuant to the Treaty of Guadalupe Hidalgo, and the Act of March 3, 1851. WHEREAS, the State now agrees that, pursuant to the ,Summa case, it is precluded from asserting that it acquired a public trust easement for commerce, navigation and fishery upon the Ferrero Lands on September 9, 1850; WHEREAS, it is in the best interest of the State and members of the general public and Upland Parties for the parties hereto to resolve their dispute by settlement, thereby avoiding substantial costs, time delays and uncertainties of litigation; a -5- WHEREAS, the California Supreme Court in the case of Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, recognized that the doctrine of implied dedication applies to shoreline arias whereby public access and recreational easements over such areas can arise from the public's use thereof for the prescriptive period of five years without asking or receiving permission from the owner, with actual or presumed knowledge of the owner, the owner not having attempted to halt such public use in any significant way during said period; WHEREAS, the Attorney General represents the State in implied dedication matters; WHEREAS, based upon an investigation which. included a physical inspection of the property and discussions with members of the general public, it is the opinion of the Attorney General's Office that portions of Ferrero Lands may be subject to public access and recreational easements; WHEREAS, there is substantial doubt as to the extent, area and true boundaries of the public access and recreational easements which the State claims may exist by virtue of implied dedication, however, it appears that use of Ferrero Lands by members of the general public, to the -6- extent that evidence exists to support such use, was primarily for access to the waters and beach area of Agua Hedionda Lagoon located at the waterward edge of Ferrero Lands; WHEREAS, under California law, it is within the authority of the Attorney General on behalf of the State and public, to investigate, assert, establish, relocate, compromise and settle claims of the public to access and recreational easements which have arisen on their favor by virtue of implied dedication in accordance with the case of - Gion v. city of Santa Cruz (1970) 2 Cal.3d 29; WHEREAS, defining the extent of the State's claims by virtue of implied dedication and the location and area of Ferrero Lands over which such claims exist would require protracted and costly investigation: WHEREAS, in compromise of any claims arising by virtue of implied dedication on Ferrero Lands, the parties hereto have reached an understanding whereby Upland Parties will grant to the State in trust a non-exclusive easement for public access over the southeasterly twenty-five feet of the Ferrero Lands and a non-exclusive access easement for public access and recreation over a strip approximately 25 feet in width along and within the southerly and southwesterly -7- boundary lines of the Ferrero Lands, thereby maintaining and enhancing any public access and recreation easements arising by virtue of implied dedication, and it is further understood that Upland Parties may construct a public road over the southeasterly twenty-five feet of the Ferrero Lands, provided that if such a road is constructed it will be formally offered for dedication, will not interfere with the State's non-exclusive public access easement over said portion of Ferrero Lands, and that all necessary permits will be obtained from the appropriate public agencies having jurisdiction over said lands; WHEREAS, the Attorney General, who is a party hereto by virtue of his authority to represent the State and public in matters relating to public access and recreation easements arising by virtue of implied dedication, has made an investigation and review of the facts and circumstances relating to the public's claims that portions of Ferrero Lands may be subject to such easements for purposes of access and recreation and Upland Parties' vigorous dispute of these claims, and had concluded that the agreement reached herein which will confirm, relocate, and compromise said claims is just, equitable and in the best interest of the public and the State; -8- WHEREAS, the State Lands Commission having also reviewed the facts and circumstances relating to the aforementioned implied dedication claims of the public, is in agreement with the aforementioned conclusion of the Attorney General and will accept title to the easements described below in trust for the public. NOW, THEREFORE, in consideration of the premises - and of the mutual covenants and agreements contained herein, it is agreed as follows: 1. NINO FERRERO and LEA FERRERO, Trustees of the Nino and Lea Ferrero Family Trust dated April 24, 1984, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under Trust Agreement dated April 13, 1984, and BASIL N. SPIRTOS ('Upland Parties'), hereby grant to the State of Califor - nia, in trust for the public, a non-exclusive easement for public access and recreation over that portion of the Ferrero Lands described in Exhibit 2 attached hereto and made a part hereof, excepting and reserving to Grantors the right to construct and maintain a navigable channel no more than 100 feet in width and ten feet in depth (MLLW datum) across said lands, for the purpose of allowing the naviga- tion of boats to and from Upland Parties' land northeaster- ly of said easement lands, said channel to be parallel to the northwesterly line of said easement area. To the -9- extent that any of said lands may now or in the future, from time to time, be submerged and connected to or joined with navigable waters of the State, including waters resulting from future dredging of a navigable channel across said lands, there shall exist over said submerged lands a public navigational easement which is hereby granted to the State in trust for the public. 2. NINO FERRERO and LEA FERRERO, Trustees of the Nino and Lea Ferrero Family Trust dated April 24, 1984, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under Trust Agreement dated April 13, 1984, and BASIL N. SPIRTOS ('Upland Parties'), hereby grant to the State of Califor- nia, in trust for the public, a non-exclusive easement for public access over the southeasterly twenty-five feet of the Ferrero Lands, described in Exhibit 3 attached hereto and by reference made a part hereof. Upland Parties reserve and except the right to construct a public road over said southeasterly twenty-five feet of the Ferrero Lands, provided that if such a road is constructed it will be formally offered for dedication, will not interfere with the State's non-exclusive public access easement over said portion of Ferrero Lands, and that all necessary permits will beobtained from the appropriate public agencies having jurisdiction over said lands; -10- 3. The State of California, acting by and through the State Lands Commission, hereby quitclaims to NINO FERRERO and LEA FERRERO, Trustees of the Nino and Lea Ferrero Family Trust dated April 24, 1984, as to an undivided One-Half Interest, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under Trust Agreement dated April 13, 1984, as to an Undivided One-Quarter Interest, and BASIL N. SPIRTOS, a single man, as to an Undivided One-Quarter Interest, all right, title and interest of the State of California, including the public trust easement for commerce, navigation and fishery claimed by virtue of the State's sovereign ownership of tidelands and submerged lands, and that claimed by virtue of implied dedication of any public access and recreational use easements, within the Ferrero Lands described in Exhibit 1 attached hereto and by reference made a part hereof. Excepting and reserving to the public in trust the non-exclusive easements for public access and recreation described in Paragraph 1 and Exhibit 2 and the non-exclu- sive easement for public access described in Paragraph 2 and Exhibit 3.. 4. The Attorney General finds and deter- mines that settlement on the terms described in this Agreement of the public's claim that by virtue of implied -11- dedication portions of the Ferrero Lands are subject to public access and recreational use easements, is just, equitable and in the best interest of the public and all the parties hereto. Based upon these findings and determinations, the Attorney General hereby declares that upon the effective date of this Agreement, those lands referred to in Paragraph 3, above, are not subject to any such public access and recreational use easements, except for those easements for public access and recreation granted to the State of California in trust for the public, in accordance with the provisions of paragraphs 1 and 2 above, as described in Exhibits 2 and 3 hereto. 5. The State Lands Commission hereby finds and declares, which finding and declaration shall be effective upon the effective date of this Agreement, that by virtue of the decision of the United States Supreme Court in Summa Corp. v, California ex rel. State Lands Commission (1984) - U.S. [80 L.Ed.2d 237, 104 S.Ct. 17511 the State of California is precluded from asserting, based on its Sovereignty, that the lands described in Exhibit 1 are impressed with the public trust easement for commerce, navigation and fishery, said lands being located within the boundaries of the Rancho Agua Hedionda, a confirmatory patent having been issued thereto by the United States on or about December 12, 1872 pursuant to the Treaty of Guadalupe Hidalgo and the Act of March 3, 1851. -12- 6. This Agreement shall become effective upon the occurrence of the following acts: A. The execution of this Agreement by all of the parties listed on page 2, and in the event any of such parties so listed is succeeded in the ownership of any interest affected by this Agreement prior to the recordation of this Agreement, the execution of this Agreement by the successor in interest of such party in lieu of such party; and B. The subsequent recordation of this Agreement,.in the Office of the County Recorder of the County of San Diego. This Agreement shall not be recorded until Judgment is entered in accordance with Paragraph 9 hereinbelow, and the time to appeal from such judgment has been allowed to expire without appeal. 7. The effective date of this Agreement shall be the date of the recordation as provided in paragraph 6 hereinabove. 8. Upon becoming effective, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors in interest, heirs and assigns. -13- 9. It is agreed that a judgment incorporating the terms of this Agreement shall be entered in the case entitled Nino Ferrero, et al. v. State of California, et al., San Diego Superior Court Case No. N20963. 10. It is expressly understood by all parties hereto that the provisions set forth in this Agreement have been determined for purposes of compromise and settlement. The matters agreed upon herein shall not constitute any admisSions nor are they to be construed as an expression on the part of any party, except as between the parties hereto. Nor shall this Agreement affect in any manner the right, title or interest of any party hereto, or any third party, in or to lands other than those described herein. 11. As used herein, whenever the context so requires, the neuter gender includes the masculine and feminine, and the singular includes the plural, and vice versa. Defined terms are to have their defined meaning regardless of their grammatical form, number or tense of such terms. 12. This Agreement may be excuted in any number of counterparts and each executed counterpart shall -14- have the same force and effect as an original and as if all of the parties to the aggregate counterparts had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. In the execution of this Agreement each party hereto shall furnish such acknowledgments and certifications as may be necessary to duly record, in the Office of the County Recorder, its execution hereof. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed. UPLAND PARTIES: DATED: February 4 -j, 1985 - DATED:FebrU5XY 4 , 1985 L A FERRERO 442fr DATED:F6rY 4 , 1985 BASIL N. SeMTOS DATED: FebrUary 3_, 1985 ff OF -15- DATED: February 3_, 1985 STATE: STATE OF CALIFORNIA STATE LANDS COMMISSION BY: TITLE: Executive Officer DATE: April 9. 1985 APPROVED: JOHN K. VAN de KAMP, Attorney General BY: iS*.qrt..QJ. c' TITLE: Deputy Attorney General DATE: Yr1M4) 1c, 19g.c -16- nAVVRNnR OF &HE STATE OF CA RNIA IN APPROVAL WHEREOF, I t GEORGE DEUKMEJIAN, Governor of the State of California, have set my hand and caused the Seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given under my hand at the city of Sacramento, this the/,3 day of in the year of our Lord one thousand nine-hundred and eighty-five. ATTEST: WMA toLe SECRETARY OF STATE I •tate 17 De ty Secretary ATTACHMENT TO AGREEMENT AND CONVEYANCES AD NO. 19 Pursuant to the provisions of Paragraph 6A of the AGREEMENT, Basil N. Spirtos, as TRUSTEE OF THE MONTEBELLO OB-GYN MEDICAL GROUP EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, executes said Agreement and joins in the grant of easements to the State of California described therein. IN WITNESS WHEREOF, Basil N. Spirtos has caused this Attachment to Agreement to be executed. DATED: , 1986. ___ - STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this 25 day of NOVnb5 , 1986, before me the undersigned, a Notary Public in and for said County and State, personally appeared BASIL N. SPIRTOS, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the written instrument and acknowledged that he executed the same. WITNESS my hand and official seal. 7L COUNTY NOTARY PUBLIC :—' amm ow& jim it-im] -17A- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On ,47J2J -9 , 1985, before me the undersigned, a 'Notary Public in and for said State, with principal of f.icq in Sacramento County, personally appeared 77 /ed21C.,k, known to me to be the KLA.-hV& Qie&t.- of the STATE LANDS COMMISSION, STATE "CALIFORNIA, the Commission that executed the within Instrument, and known to me to be the person who executed the within Instrument on behalf of the Commission therein named, and acknowledged to me that such Commission executed the within instrument pursuant to a resolution of its Commissioners, unanimously adopted on ¶224. ..9./ , 1985, at a regular meeting thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first written above. III,IHflnhI,ftfthIflhguIllIflhIIltIflIH1IItItIHhIIInuuHtflfltIIIIIIli'fllUt cMyCo LISA LYNN NOTARY PUBLIC - CALIFORNtA Notary PublicinCAnd for the mmexJofl.3O.9fQ County of Sacramento, State of COUNTY OF SACRAMENTO California. -18- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this the 4th day of February , 1985, before me the undersigned, a Notary Public in and for said County and State, personally appeared NINO FERRERO, known • to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. .4UW utr - -_U JIlfUULf OFFICIAL SEAL ALLAN E. TEBBETTS /24 , - Notary PHc CalIfornia foS& PRINCIPAl OFFICE IN NOT PUBLIC LOS ANGELES COUNTY MY COMMISSION EXPIRES DECEMBER 18, 19$7 - STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this the 4thday of Februaxy , 1985, before me the undersigned, a Notary Public in and for said County and State, personally appeared LEA FERRERO, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. VW - ,J1j1$1J1fl.flJ1jWj- Wuu"IrJWu- 1JIJUIJ OFFICIAL SEN. ALLAN E. TEBBETTS Notary Public - Callfornlo PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY COMMISSION EXPIRES DECEMBER 18, 191? NOTARY PUBLIC -19- STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this the 3rd day of February , 1985, before me the undersigned, a Notary Public in and for said County and State, personally appeared JACK N. SPIRTOS, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. —t• Jm1J1fWJnnJ1J1slJrLrlftnJ,.nJI.nJL OFFICIAL SEAL 1t ALLAN E. TEBBE1TS Notary Public - California Vf'J PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY COMMISSION EXPIRES DECEMBER 1*, 1917 -t - - 491 C44ot- NOTARY PUBLIC STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this the 3rd day of February , 1985, before me the undersigned, a Notary Public in and for said County and State, personally appeared PENELOPE SPIRTOS, known to me or proved to me on the basis of satisfactory evidence -to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. WLflJ ,J,W nJJWJ1Mj1*r r jW WtJ4fl A. OFFICIAL SEAL ALLAN E. TEBBEITS Notary Public - Colifomlø V4iYJ PRINCIPAL OFFICE IN 'LV LOS ANGELES COUNTY MY COMMISSION EXPIRES DECEMBER 18, 1987 ,uuwr.s nJ,.flJ .n. wswn - J r J&440) e%xok- NOTARY PUBLIC -20- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this the Y day of L..l985, before me the undersigned, a Notary Public in and4or said County and State, personally appeared BASIL N. SPRTOS, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. 'NOTARY ARY PUBLIC -21- EXHIBIT LAND DESCRIPTION That portion of Lot-"I' 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, described as follows: BEGINNING at Corner No. 15 of said Lot 'I as shown on said Map No. 823; thence southeasterly along the southerly line of said Lot 'Is, 5.53 0 44 1 35E., 499.45 feet to the most southwesterly corner of that parcel of land described in Parcel 1 of the deed to Robert W. Phipps, et ux, recorded October 29, 1958, under Document No. 179767 of Official Records and the TRUE POINT OF BEGINNING; thence along the boundary line of said land of Phipps as follows; N.250011158E., (Record-N.240 53 1 50'E.) 597.84 feet; thence continuing along said boundary line S.470 36 1 05E., 153.79 feet to the beginning of a tangent curve, concave northerly, having a radius of 355.00 feet; thence easterly along said curve 376.92 feet, through an angle of 60 0 50 1 00 1 ; thence tangent to said curve N.71 033 1 55 1 E., 100.40 feet to the northeasterly corner of said land of Phipps; thence along the boundary line of said land of Phipps, S.25 001 1 15 0 W., 780.49 feet to the southwesterly line of said Lot; thence N. 64025 1 37W., along said southwesterly line 183.96 feet to Corner 16 of said Lot "IN; thence continuing along the southwesterly line of said Lot, N.530 44 1 35W., 393.80 feet to the TRUE POINT OF BEGINNING. Said land is shown on that certain Record of Survey recorded as Survey No.10 74, Records of San Diego County. END OF DESCRIPTION EXHIBIT 6 2' LAND DESCRIPTION A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS, RECREATION AND NAVIGATION over the following described parcel of land being a portion of Lot 'I' 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 said county, more particularly described as follows: Commencing at corner No.15 of said Lot 'I' as shown on said map No. 823; thence southeasterly along the southerly line of said Lot ulu, S.53 044 1 35' B., 499.45 feet to the most southwesterly corner of that parcel of Land described in Parcel 1 of the deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records and the TRUE POINT OF BEGINNING; thence along the boundary line of said land of Phipps, N.25 0 01 1 15'E., (Record N.24 0 53 1 50'E.) 45.73 feet to a point in said boundary line that is S.25 0 01 1 15'W., 552.11 feet from the centerline of Park Drive, as said Park Drive is shown on Record of Survey recorded as Survey No. 9860, Records of San Diego County; thence S.50 0 49 1 23'E., 398.23 feet; thence S.64 0 25 1 37'E., 183.72 feet to a point in the Southeasterly line of said land of Phipps, last said point being distant S.25 0 01 1 15'W., 755.49 feet from the centerline of said Park Drive; thence along said Southeasterly line, S.25 0 01 1 15'W., 25.00 feet to the most southerly corner of said land of Phipps; thence along said southerly line, N.64 025 1 37 6 W., 183.96 feet and N.53 0 44 1 35'W., 393.80 feet to the TRUE POINT OF BEGINNING. Said land is shown on that certain Record of Survey recorded as Survey No.I0'74, Records of San Diego County. END OF DESCRIPTION VICINITY MA 0EASEMENTS C*r"M) SLfi0 c 01 r :' LAC P AY C0BP.MA8IWETIA mv -1 CARLSBAD TRACT______ THE HAMPTON - /ó! APPLICANT SUMMARY HR REMPIGTON PROPERTIES GROSS ACREAGE 7.8± AC. 3 MONARCH BAY PLAZA STE. 202 NO. OF DWELLING UNITS 42(CONDOMINIUM) SOUTHLAGUNA,CA92677 - 714-476-1889 NO.OFLOTS RESIDENTIAL . S PRIVATE T. OPEN SPACE GROSS DENSITY 7 5.4DU/AC 'Ill C///.j.9 /, jflhII I4/tØ STREETR/W 1.70 AC 22% . i' f /// DANA BIEBER DATE • PUBLIC .74 AC 7,/I 7o ENGINEER .. PRIVATE PUILDINGCOVERAGE .96 AC 1.4 AC 18% CFP ASSOCIATED GRADING QUANTITIES 2000 C30,700 F 8265-A VICKERS ST. IMPORT 21.100 SAN DIEGO, CA. 92111 PERCENT OF PROJECT IN (619) 292-1353 . PAVEMENT .22% . LANDSCAPING 45% 4 I4 . . PARKING TOTAL ios 4 1 21-41 GUEST 20 (13I0'rI 1J • . RUCEA.TAiT RCE 32247 - RV 5 I$40$OFTIOTh Ii I st-. - \ OWNER COVERED . 84 I .. OPEN SPACE FERRERO,SPmTOS,ETAI. -. - NATURAL 1.2 AC 15% I - • 2101 W. BEVERLY BLVD. LANDSCAPED 3.5 AC 45% MO TEBELLO,CA. 90640 j.- TOTAl. 4.7 AC 60% POR71ON OF P RI-- F. NOTES - - - - IZ0CATN TO IL GENERAL PLAN DESIGNkTION EXJS11NG ZONING RMH 8-11.5 DO/AC PLAI*IED COMM. \ \LgIAL DESCRPTION PROPOSED ZONING SEWER . PC CITY OF CARLSBAD WATER . STORM COSTA REAL WATER CITY OF CARLSBAD ELECTRICAL & GAS SDG&E ® \ - TELEPHONE CABLE TV PACIFIC BELL CABLEVISION FIRE/POLICE CITY OF CARLSBAD TOPOGRAPHY GRADING SAI4-1-0 AEAl.i-ai-s. PER CITY STAND. \ "-R SCHOOLS CARLSBAD UNIFIED 4' - ASSESSOR'S SCHOOL DISL : - r PARCEL NO. 207-101-Ot -. LEGEND - '-'-. ANHASS ', 1:ji 1çc p/-74I • JI /E4Itht)7rh1 •II ii . tJ 'FI (I.j-.Q WL /1/ IJ3 •j -> • Z[7fl/ j- &7çr,ff ,7J/ •\ 1\'r . -i 3' •i• : .I . i'Ir th •• - AjccBss - • '. "O•.\\ I -P-- ZEQ.-- 7 = \ S LIM Rm Lm %F __ NOTE ' SCIM S - - J P0PO O*OS t1' I 011f I . ' . 'SP PA W%CJ 4g g W 1' - *AbtiiUlUr1 ii WOl. , IS , , r i cthtr • &vP',v1II e(b . 40I4 rAi mys HAmPTo* CRT.- LAGtMA SHORES DR 'tc ' •.Im P IPA Av DR SITE AGUA HEDIONDA LAGOON _•\ r -c*z 4 - City of Carlsbad PUD:;:: - L. HAMPTONS SUP '9T -- -