HomeMy WebLinkAboutCT 89-37; AVIARA PHASE II; Tentative Map (CT)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only)
(For Dept.
Use Only)
Master Plan m4;Jrz.
Specific Plan .............
Precise Development Plan...
Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
El Condominium Permit.........
Special Use Permit.........
Redevelopment Permit.......
Tentative Parcel Map.......
El Administrative Variance.
P r7-?C
-I
General Plan Amendment. .....
Site Development Plan.......
Zone Change.................
Conditional Use Permit......
Hillside Development Permit.
Environmental Impact
Assessment................
Variance....................
Planned Industrial Permit...
El Coastal Development Permit..
El Planning Commission Deter...
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2) LOCATION OF PROJECT: ON THE I North 7 Sb 0E OF FBatiquitos Lagoon
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Poinsettia Lane AND Aviara Phase I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:I Portion of Section 22, 26,27, 28, 33 and 34
in Township 12 South, Range 4 west, in the City Of Carlsbad
4) ASSESSOR PARCEL NO(S). 1214-170-51, 215O4-O-, 15, 16, 215-050-14 I
kM ____ 5) LOCAL FACILITIES' c 6) EXISTING GENERAL' oiu
District
binati
I'LAN
PR O POSED GENERAL
DESIGNATION MANAGEMENT ZONE PLAN DESIGNATION
8) EXISTING ZONING PC ]9) PROPOSED ZONINGI N/A 110) GROSS S1TEI247.2
ACREAGE
I 11) PROPOSED NUMBER OF I 91 f 12) PROPOSED NUMBER OF J Master J 113) TYPE
RESIDENTIAL UNITS OF LOTS SUBDIVISION rent- MapI
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITSI None I COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L 57%
19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 591 TRAFFIC 59l0
20) PROJECT NAME: J Aviara Phase II
21)BRIEF DESCRIPTION OF PROJECT: Master Tentative Subdivision Map
for 7 individual single-family neighborhoods and two I
circulation roadwa
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) ia NAME (PRINT OR TYPE) same
MAILING ADDRESS MAILING ADDRESS
2011 Palomar Airport Rd., Suite 206
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad,CA 92009 931-1190
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE T F Y KNOWLEDGE. NFORM ON IS TRUE AND CORRECT TO
BE I OF MY KNOWLEDGE. IIGNATU!RE JTHE 71DATE
IGNA URE 0 TE
___
FORCITYUSEONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
w7r -
c 70.o o
1 ,OO _00
ZoO . Co
C) C)
00
TOTAL FEE REQUIRED !_$, _ 001
DATE FEE PAID I_11-13 -- RECEIPT NO. 1_
NOV 1i9B9
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DIV.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
L :!~
,.3
ARFM0008.DH 4/89
I
1 0
'0
I,
0
DISCLOSURE FORM
APPLICANT: Aviara Land Associates Limited Partnership
Name (individual, partnership, joint venture, corporation, syndication)
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
Business Address
619/931-1190
Telephone Number
AGENT: Aviara Land Associates Limited Partnership
Name
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
Business Address
619/931-1190
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(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.
f/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.
JV\
—APPLICANT
D. L. Clemens
BY
A •
- RESEMENT DISCLOSURE
STATEMENT - MTh - Phase II
City of Carlsbad
S
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAT1ONS WHICH WILL REQUIRE
DISCRETIONARY ACTiON ON THE PART OF THE crri COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR cOMMrrTE
(Please Print)
The following information must be disclosed:
1. Applicant
Ust the names and addresses of all persons having a financial interest in the application.
Aviara Land Associates Limited Partnership
2011 Palomar Airport Rd.. Suite 206 Carlsbad, CA 92009
2. Owner
Ust the names and addresses of all persons having any ownership interest in the property involved.
Aviara Land Company, a Delaware Republic Development , A
Corporation California Corporation
45U Newport Center Drive, Suite 304 180 N. Riverview Drive Newport J:seacti, 1A 92660 Suite 130
Anaheim, CA 92808
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
1. Henry Hillinan Address:
450 Newport Center Drive
Suite 304
Newport Beach, Ca 92660-7640
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
N/A
I,
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes - No X , If yes, please indicate person(s)
Person is defined sa: 'Any individual, firm, copartn.rship, Joint venture, association, social club, fraternal organization, corporation, estate, trust.
receiver, syndicate, this and any other county, city and county, city municipality, district or oth.c political subdivision, or any ethic group or
combination acting as a unit'
(NOTE: Attac additional pages as necessary.)
1 2 6JO
Signatureof 0 erLate
Aviara Land Associates Limited
Partnership
Print or type name of owner
By: D.L. Clemens
Vice:-President -
AI\u/26190
Sig ture p icana1e
Aviara Land Associates Limited
Partnership
Print, or type name of applicant
By:'-D.L. Clemens
Vice President
FRM00013 8/90
I . I
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.
ft//c/I?
Sig-nature Date
JV2ECrVY O) PLi'&
-. fLi.ui*s iccoc
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
0 0
CASE NO.
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: Aviara Land Associates, Limited Partnership
Address of Applicant: 2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
Phone Number: (_619) 931-1190
Name, address and phone number of person to be contacted (if other than
Applicant): N/1
GENERAL INFORMATION: (Please be specific)
Project Description: Master Tt-nt A tjyn Subdivision Map
for 9 lots (473 maximum dwelling units) with the accompanying
Project Location/Address: North shore of Batiguitos Lagoon,
south and east of Spinnaker Hill
Assessor Parcel Number: List -attached to application
General Plan/Zone of Subject Property: Combination Dis'rict/ P-C Zone
Local Facilities Management Zone: 19
Is the site within Carlsbad's Coastal Zone?
Please describe the area surrounding the site to the
North: Alga Road (under const.) East: Aviara Phase I
South: 1at-iguiitos Lagoon West: Spinnaker Hill. agriculture
List all other applicable permits & approvals related to this project:
Aviara Master Plan, EIR 86-2
0
I I
(Please be Specific. Attach Additional Pages or Exhibits, if necessary)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' br higher and 15% grade or greater is present on the site.
North-South trending ridge and valley with mature eucalyptus
groves, coastal sage, and disturbed previous agriculture
area. No development presently on site.
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
U.B.C. required residential energy conservation measures.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates).
Attached
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
N/A
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
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I. ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
YES NO
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: Present natural land uses
would urbanize. Future land uses proposed
are consistent with the Carlsbad General Plan
as noted in EIR 86-2.
2) Could the activity affect the use of a recreational
area, or area of aesthetic value? x
EXPLANATION: Proposed development avoids steep
slopes and BatiquitOS Lagoon as noted
in EIR 86-2.
3) Could the activity affect the functioning of an
established community or neighborhood? ____
EXPLANATION: No impact on the adjacent
Spinnaker Hill neighborhood as noted in
EIR 86-2.
4) Could the activity result in the displacement of
community residents?
EXPLANATION: No residents live on the project site.
4
5)
6)
7)
8)
9)
0 .
YE S
Could the activity increase the number of low and
moderate cost housing units in the city? x -
EXPLANATION: Land values are anticipated
tr h f ai rly high.
Could the activity significantly affect existing
housing or create a demand for additional housing? X
EXPLANATION: roposed development will
provide a maximum of 473 housing units.
Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
EXPLANATION: No activity in or near
Batiquitos Lagoon as noted in EIR 86-2.
Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: All archaeological sites
identified in EIR 86-2 have been mitigated.
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: No development impact on
scarce natural resources as noted in
EIR 86-2.
5
0
. . YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources? x
EXPLANATION: No significant impact on fish,
wildlife or plant resources as documented
in EIR 86-2.
11) Are there any rare or endangered plant or animal
species in the activity area? x
EXPLANATION: The moderate loss of Adolphia Californica,
Ceanothus Verrocusus, Comarostaphylis Diveisifolia are
not considered a significant impact. California Least Tern,
Belding's Savannah Sparrow, and Black-Tailed Gnatcatcher
]ikewise will not be affected significantly as identified
in EIR 86-2.
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches? x
EXPLANATION: Batiquitos Lagoon remains in
natural open space.
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: No area of the proposed development
has been used for recent aQricultural oroduction.
State agriculture mitigation fees have been paid for
the development
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas?
EXPLANATION: May encourage development of the
adjacent "Savage" parcel as Batiquitos
Drive is constructed.
6
YES NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? x
EXPLANATION: No variances rectuested.
16) Is the activity carried out as part of a larger
project or series of projects? X
EXPLANATION: Project is Phase II of the
proposed three-phase Aviara Master Planned
community.
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency? ___
EXPLANATION: California Coastal Commission
permits required.
18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: None rrJuir9 -
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials? X
EXPLANATION: No use or disposal.
7 cP
S . *
Will the activity involve construction of facilities
NO
in a flood plain?
EXPLANATION: No activity in floodplain.
Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
No active faults as determined by
EIR 86-2.
22) Could the activity result in the generation of
significant amounts of dust? x
EXPLANATION: Temporary dust generation
will ocruir during mass grading operations, but
prevailing westerly winds should blow dust into
vacant Phase I area.
23) Will the activity involve the burning of brush,
trees, or other materials?
x
EXPLANATION: Nn burning.
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
EXPLANATION: None expected, as noted in
EIR 86-2.
20)
21)
8 6)
. 0
YES NO
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)? x
L,1I,bgI I 4!d UI k'l wi'J
in EIR 86-2.
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater? x
EXPLANATION: Very moderate encroachments into
25% slope areas. Encroachments less than that
determined to not be significant impact
in EIR 86-2.
27) Will there be a significant change to existing
land form?
(a) Indicate estimated grading to be done in
cubic yards: 1.8 million
(b) Percentage of alteration to the present
land form: 50% approx.
(c) Maximum height of cut or fill slopes:
70 foot fill
EXPLANATION: Not significant since grading is
1ss than that determined to not be significant
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: Not substantial increase, as
noted in the Zone 19 Local Facilities Plan,
and EIR 86-2.
9
.
YES NO
29) Will the project significantly increase wind or
water eros-ion of soils? x
EXPLANATION: No increase, due to extensive
erosion control program already installed.
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: No effect.
31) Will the project significantly produce new light
or glare?
EXPLANATION: None.
10
4 I 0
II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons -below:
As noted on checklist explanation.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature -
(Person &6m1eting Report)
Paul J. Kiukas, Director of Community Planning
Date Signed JJOI
.
Iristruct.ei a
LBS:1 h
11
fl
AVIARA PHASE II
PA 25
PA 26A
PA 26B
PA 27
PA 28
PA 29
PA 30
GROSS PA
ACRES UNITS
30.3 37
47.1 108
30.1 80
19.8 55
44.1 62
20.5 36
55.3 95
247.2 473
TYPE ADT
SFR 370
SFR 1080
SFR 800
SFR 550
SFR 620
SFR 360
SFR 9_5Q
4730
PJK/er
PHASEII.AKZ
0
10-31-1995 10:04 6194387515 RUSSELL GROSSE DEV. P.02
• .., .
STATE CE CALWOP4tA—TII! RESOURCES AGENCY PETE WILSON, Ooi,m.r
I .
CALIFORNIA COASTAL COMMISSION
SAN 11100 COAST AREA AMENDMENT TO COASTAL 3111 CAMINO Wk RIO NORTH, SUITE 200
SAN DIEGO, CA 921061725 DEVELOPMENT PERMIT NO. 6-92-163
(619) 5214036 Page 1 of - 2
On September 7. 19 and as amended on __... 3une 16. 1995
the California Coastal Commission granted to
_Jomar& Co. .
this permit for the development described below, subject to the attached
Special Conditions.
Original Project
Description: Construction of two restaurants (2,860 sf. tnd 10,600 sf.
P respectively; one with a drive-through facility), a building pad
for a future restaurant, 287 space parking lot and landscaping
within a partially developed commercial site.
Lot Area 6.8 acres
Parking Spaces 471
Zoning C-T-Q Commercial Tourist
Plan Designation Travel Services
Proposed
Amendment: Construct a 3,800 sq. ft, restaurant on vacant building pad, and
add a 700 sq.ft. addition to an existing 10,600 sq. ft.
restaurant.
Site: 5850 to 5990 Avenida Encirias, Carlsbad, San Diego County, APH #
210-170-08 through -13
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
and
10-31-1995 10:04 6194387615 RUSSELL QROSSE DEV. P.03
AMENDMENT TO COASTAL L....WJPMENI PERMIT NO. 6-12-163-A 40 Page 2 of ....L
IMPORTANT; THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to
abide by all terms and conditions
thereof,
Øp'e 4i w400
Data c#Signature of Parmittee
The Permit is subject to the following conditions:
1. Future Deyopment. This permit amendment authorizes three
restaurants of 2,900 (In-N-Out), 11,300 (Claim Jumper), and 3,800 (Saniny's
Hoodfired Pizza) sq ft. on the site containing an additional 3,998
(McDonald's), 8,965 sq.ft. restaurant with 400 sq.ft. retail (Marie
Calendar's), and 10600 sq. ft. office building. All other development
proposals for the site including, but not limited to, building
additions/reductions or conversions of use, shall require review and approval
by the Coastal Commission, or Its successor in interest, under a separate
coastal development permit or an amendment to this permit.
(2400P)
CAT. NO. NN00424
TO 1565 (10.83) CLTA GUARANTEE FACE PAGE (REV. 6-8.71)
Guarantee
NO. FEE
NONE $ NONE
LIABILITY $100.00
Ticor Title Insurance Company of California, a corporation, herein called the Company, Guarantees
CITY OF CARLSBAD
herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurances herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth above.
Dated: NOVEMBER 2, 1989
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Attest
President
ecretary
Please note carefully the Liability Exclusions and Limitations and the specific assurances afforded by this
guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the
Company for further information as to the availability and cost.
gii TI1'1%I liI gn IkII in A I1 • u.#ri I ii
Schedule A
PROPERTY SEARCH GUARANTEE
THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE:
THAT, ACCORDING TO THE OFFICIAL NAME INDEX TO THE LATEST EQUALIZED
ASSESSMENT ROLL OF SAN DIEGO COUNTY, CALIFORNIA, AND SUBSEQUENT TO
OCTOBER 1, 1989, WITH RESPECT TO THE NAME(S) OF THE OWNERS OF RECORD
OF LAND WITHIN A 600 FOOT RADIUS OF THE REAL PROPERTY WAS ASSESSED
OR ACQUIRED IN THE ATTACHED NAME(S) AND HAS NOT HEREAFTER BEEN
TRANSFERRED.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
By President
Attest Secretary
0700482 PAGE 1
AOO-60.-A TICOR TITSE INSURANCE--------
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
PRELIMINARY REPORT
AUGUST 21, 1989
AVIARA LAND ASSOCIATES
ATTN: SCOTT MEDANSKY
2011 PALOMAR AIRPORT RD SUITE 206
CARLSBAD, CALIFORNIA 92009
YOUR REFERENCE: AVIARA - MASTER
OUR ORDER NO. : 1177466
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW 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 ON THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF AUGUST 17, 1989
TITLE OFFICER: TOM VOTEL TEL 619 544-6234
KEN CYR TEL 619 544-6236
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87)
( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT
(/1 CLTA STANDARD COVERAGE POLICY - 1988
( ) ALTA OWNER'S POLICY (10 -21 -87)
THIS REPORT IS:
FORM 1 COVERAGE
1177466 PAGE 1 (p
j TICOR TITE INSURANCE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION,
FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, AS TO PARCELS A, B, D, F, I AND d;
DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, AS TO
PARCELS C AND K;
LYON COMMUNITIES INC., A CALIFORNIA CORPORATION, AS TO PARCEL E;
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP,
AS TO PARCELS G, H;
CITY OF CARLSBAD, A MUNICIPAL CORPORATION AS TO PARCEL L; AND
CARLSBAD UNIFIED SCHOOL DISTRICT, A LOCAL PUBLIC AGENCY AS TO
PARCEL M
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS,
IF ANY, COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
A LIEN NOT YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY
FOR : TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED : APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL
RECORDS
AFFECTS : PARCEL A AS SET FORTH THEREIN
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY
FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED : OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL
1177466 PAGE 2 (9
-.D,.rJ TICOR TIT& INSURANCE
RECORDS
AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS:
LOTS 90 AND 91 AS SHOWN ON MAP 12410: PARCEL E AS
FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL F AS
FOLLOWS: LOTS 95, 98, 99 AND 100 AS SHOWN ON MAP
12411.
BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF
OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS
ELIMINATED:
THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH
HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26,
DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF
SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTANCE OF 756.26
FEET; THENCE NORTH 53 °06'06" EAST, 25.00 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED
HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH
53 0 06'06" EAST, 135.00 FEET.
AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JANUARY 10, 1989
BY AND BETWEEN : SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM
LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP
REGARDING : RIGHT OF WAY USE AGREEMENT
RECORDED : JANUARY 10, 1989, RECORDER'S FILE NO. 89-012389
NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED.
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR : ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES,
TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS
AND EGRESS
RECORDED : APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE
334 OF OFFICIAL RECORDS
AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS;
LOTS 90 AND 91 AS SHOWN ON MAP 12410
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE
GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR,
WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE.
5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR : A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES
AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS
AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION
1177466 PAGE 3 0
rjr TICOR TITME INSURANCE
RECORDED
AFFECTS
PURPOSES AND PIPE LINES
FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL
RECORDS
PARCEL A AS SET FORTH THEREIN; PARCEL 0 AS FOLLOWS:
LOTS 90 AND 91 AS SHOWN ON MAP 12410
6. AN EASEMENT AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT
FOR PIPE LINE
RECORDED JULY 21, 1958, DOCUMENT NO. 116505
AFFECTS PARCEL A AND L AS SET FORTH THEREIN
7. AN EASEMENT AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT
FOR PIPE LINE
RECORDED DECEMBER 4, 1959, DOCUMENT NO. 250359
AFFECTS PARCEL A AS SET FORTH THEREIN
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER
DISTRICT
FOR : PIPELINE
RECORDED : FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068
AFFECTS : PARCEL B AS FOLLOWS: LOTS 46, 47 & 48 AS SHOWN ON MAP
12409; PARCEL E AS SHOWN ON MAP 12411; PARCEL F AS
FOLLOWS: LOT 97 AS SHOWN ON MAP 12411
9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CEATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT
FOR : PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND
CONDUITS AND CABLES FOR POWER TRANSMISSION AND
COMMUNICATION PURPOSES
RECORDED : SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084
AFFECTS : PARCEL E AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS:
LOT 92 AS SHOWN ON MAP 12411; PARCEL M AS SET FORTH
THEREIN.
10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY
FOR : POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY
RECORDED : AUGUST 9, 1968 RECORDER'S FILE NO. 136472
AFFECTS : PARCEL F AS FOLLOWS: LOT 99 AS SHOWN ON MAP 12411;
PARCEL H AS FOLLOWS: LOTS 120, 121 AND 122 AS SHOWN
ON MAP 12411
BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE
1177466 PAGE 4
F 77 Or) TICOR TIT INSURANCE
NO. 216504, THE FOLLOWING PORTION OF EASEMENT WAS ELIMINATED:
THE SOUTHERLY 25.00 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN.
11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE CITY OF CARLSBAD
FOR : WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE,
EXCAVATION, AND/OR EMBANKMENT FACILITIES
RECORDED : MARCH 11, 1976, RECORDER'S FILE NO. 76-071622
AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS:
LOTS 2 AND 3 AS SHOWN ON MAP 12409
12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
FOR : AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL
RECORDED : MAY 26, 1976 RECORDER'S FILE NO. 76-159954
AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL F AS FOLLOWS:
LOT 100 AS SHOWN ON MAP 12411
13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
FOR : AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL
RECORDED : NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112
AFFECTS : PARCEL A AS SET FORTH THEREIN
14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY
FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,
UNDERGROUND FACILITIES CONSISTING OF CONDUITS,
MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES AND
CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES
CONSISTING OF PADS, TRANSFORMERS, AND OTHER
ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM
RECORDED : MAY 10, 1977, RECORDER'S FILE NO. 77-177430
AFFECTS : PARCEL A AS SET FORTH THEREIN
WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
SEPTEMBER 7, 1983
N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945
15. AN AGREEMENT TO
DATED
BY AND BETWEEN
REGARDING
RECORDED
16. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS
DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION
1177466 PAGE 5 9)
i TICOR TIT INSURANCE
CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14, 1985 AS FILE NO.
85-051430 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
17. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT
NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE
NO. 86-356638.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE
GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR
DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT.
18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : AUGUST 29, 1986
BY AND BETWEEN W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION
REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319
19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : OCTOBER 16, 1987
BY AND BETWEEN : W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD
REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735
20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 6, 1988
BY AND BETWEEN : THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE
CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED
PARTNERSHIP
REGARDING : TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND
CONVEYANCE OF PUBLIC ACCESS EASEMENT
RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE
LANDS COMMISSION
FOR : PUBLIC ACCESS EASEMENT
RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
AFFECTS : PARCEL A; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN
ON MAP 12409; PARCEL U AS FOLLOWS: LOT 309 AS SHOWN ON
MAP 12413
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
1177466 PAGE 6
22. A DEED OF
STATED HEREIN
DATED
AMOUNT
I RUS I OR
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP
LIMITED PARTNERSHIP, A DELAWARE
!oj-
TICOR TITIIIE INSURANCE
TRUSTEE : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
BENEFICIARY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636
SAID MATTER AFFECTS:
PARCELS A, B, 0, F, I AND J
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : MARCH 23, 1989
EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196177
SUBORDINATED TO : DEED RESTRICTION (OPEN SPACE)
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : MARCH 13, 1989
EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196179
SUBORDINATED TO : DEED RESTRICTION (TRAIL)
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : MARCH 13, 1989
EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196181
SUBORDINATED TO :
IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT
AND DECLARATION OF RESTRICTIONS
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196180
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : JUNE 7, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345754
SUBORDINATED TO : EASEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345753
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : JUNE 7, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345756
1177466 PAGE 7 0
'i TICOR TIT IIIE INSURANCE
SUBORDINATED TO EASEMENT
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345755
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : MAY 22, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345758
SUBORDINATED TO : EASEMENT
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345757
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : JUNE 14, 1989
EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345760
SUBORDINATED TO : EASEMENT
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345759
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : APRIL 22, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345762
SUBORDINATED TO : EASEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345761
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : JUNE 15, 1989
EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345766
SUBORDINATED TO : EASEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345765
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED : MAY 22, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346186
SUBORDINATED TO : EASEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346185
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS
DATED : JUNE 30, 1989
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED
1177466 PAGE 8
THE SUBJECT MATTER
OF AN INSTRUMENT
PARTNERSHIP, A
0
Qrj_ TICOR TIT INSURANCE
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED : JULY 24, 1989, RECORDER'S FILE NO. 89-388407
SUBORDINATED TO :
MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659
23. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE
INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637
24. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SHOWING
DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
SECURED PARTY : FIRST INTERSTATE BANK OF CALIFORNIA
RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661638
PROPERTY COVERED : AS SET FORTH THEREIN
SAID MATTER AFFECTS:
PARCELS A, B, D, F, I, & U
25. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED
PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT;
PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.
OF THE CARLSBAD UNIFIED SCHOOL DISTRICT
CITY OF : CARLSBAD
RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025
AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769.
NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO.
89-400726.
26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : MARCH 22, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL
COMMISSION
REGARDING : DEED RESTRICTION (OPEN SPACE)
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176
27. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : MARCH 13, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE CORPORATION AND THE CALIFORNIA COASTAL
COMMISSION
REGARDING : DEED RESTRICTION (TRAIL)
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178
28. A DOCUMENT ENTITLED
OPEN-SPACE EASEMENT AND
DATED MARCH 13, 1989, E
PARTNERSHIP, A DELAWARE
1177466
"IRREVOCABLE OFFER TO DEDICATE
DECLARATION OF RESTRICTIONS"
XECUTED BY AVIARA LAND ASSOCIATES LIMITED
CORPORATION, RECORDED APRIL 14, 1989,
PAGE 9
a
&400" TICOR TIT INSURANCE
RECORDER'S FILE NO. 89-196180.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION
FOR : AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR
LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC
QUALITIES
RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196180
AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS:
LOTS 2 AND 3 OF MAP 12409; PARCEL J AS FOLLOWS: LOT
309 AS SHOWN ON MAP 12413
30. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : MARCH 31, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
LIMITED PARTNERSHIP AND CITY OF CARLSBAD
REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : JUNE 5, 1989, RECORDER'S FILE NO. 89-296176
31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : WATERLINE PURPOSES AND APPURTENANCES
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345753
AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT
32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : DRAINAGE
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345755
AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT
33. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : GENERAL UTILITY AND ACCESS
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345757
AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT
34. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : SEWER AND DRAINAGE
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345759
AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT
35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1177466 PAGE 10 (j
Qrl- TICOR TITIN INSURANCE Amb
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : GENERAL UTILITY AND ACCESS
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345761
AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT
36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE
PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN
EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S
RIGHT OF ACCESS
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345765
AFFECTS : PARCELS A, B, 0 AND F, AS DESCRIBED IN SAID DOCUMENT
37. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 28, 1989
BY AND BETWEEN : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
REGARDING : DESILTATION BASIN MAINTENANCE AGREEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345770
SAID MATTER AFFECTS:
PARCEL A AS SET FORTH THEREIN AND PARCEL G AS FOLLOWS: LOTS 123
THROUGH 127 INCLUSIVE OF MAP 12411
38. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 28, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD
REGARDING : DESILTATION BASIN/STORM DRAINAGE MAINTENANCE
AGREEMENT
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345771
SAID MATTER AFFECTS:
PARCELS B, 0, I AND J AS SET FORTH THEREIN
39. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
FOR : CONSTRUCTING, REPAIRING, IMPROVING AND MAINTAINING
CERTAIN SLOPES, LANDSCAPING AND INCIDENTAL
IMPROVEMENTS ALONG ALGA ROAD AND AMBROSIA
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346183
AFFECTS PARCEL M AS SET FORTH THEREIN
40. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CITY OF CARLSBAD
FOR : AN EASEMENT FOR DRAINAGE
1177466 PAGE 11 0
CJ.CJ TICOR TITE INSURANCE
RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346185
AFFECTS : PARCEL M AS SET FORTH THEREIN
41. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. : 12409
PROVISIONS : AS FOLLOWS:
BUILDING PERMITS WILL NOT BE ISSUED FOR LOTS 12 THRU 83 UNTIL PUD
PLANS ARE APPROVED BY THE PLANNING COMMISSION.
THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND
ACKNOWLEDGES MAINTENANCE RESPONSIBLITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR
TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS
SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE
SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND
WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN
LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD
PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO
SALE OF THE SUBDIVISION PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL
BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19
LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN
CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON
DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS
WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR
REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO
THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMITS, A
PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS
1, 2 & 10 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD.
42. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12409
STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 9,
EXCEPTING THEREFROM ACCESS OPENING NO. 1
43. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
1177466 PAGE 12 (D
-j TICOR TIT& INSURANCE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12409
STREET AFFECTED : BATIQUTIOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS
1, 2, 3, 10, 12, 44, 45, 46, 47, 48, 49, 50, 51,
52, 53, 54, 55, 56, 57, 58, 63, 64, 65, 66, 74,
75, 76, 77, 78 AND 83 EXCEPTING THEREFROM ACCESS
OPENINGS 2 AND 3
44. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : UTILITY
AFFECTS : LOTS 1, 2 AND 10
45. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12409
FOR : ACCESS AND GENERAL UTILITY
AFFECTS LOTS 5, 7, 8 AND 9
46. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12409
FOR SEWER
AFFECTS : LOT 9
47. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : WATERLINE
AFFECTS LOTS 3, 5, 7, 8 AND 9
48. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : DRAINAGE
AFFECTS : LOTS 4, 5, 6, 7, 8 AND 9
49. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : SIGHT CORRIDOR
AFFECTS LOTS 10, 12, 77, 78 AND 83
50. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : OPEN SPACE
AFFECTS : LOTS 3, 11, 21, 37, 51 AND 83
51. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR ACCESS
AFFECTS : LOTS 2 AND 3
52. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
1177466 PAGE 13 (9
• TICOR TITO INSURANCE
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12409
FOR : PRIVATE ROAD
AFFECTS : LOTS 5 AND 7
53. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 12409
AS : PORTION OF LOT 3 RESERVED FOR FUTURE STREET
54. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. : 12410
PROVISIONS : AS FOLLOWS:
THIS PROJECT IS APPOVED UPON THE EXPRESS CONDITION THAT PRIOR
TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS
SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO THE CARLSBAD MUNICIPAL
CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE
EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE
OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY)
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT
BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUJECT
PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES
ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS
AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN
LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD
PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR
TO SALE OF THE SUBDIVISION PROPERTY WHICH EVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL
BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE.
THIS SUBDIVISION CONTAINS A REMAINDER PARCEL PURSUANT TO SECTION
20.04.120 OF THE CARLSBAD MUNICIPAL CODE, BUILDING PERMITS SHALL NOT
BE ISSUED FOR SUCH PARCEL UNTIL IT IS FURTHER SUBDIVIDED.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19
LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN
CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON
DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS
WHEN ISSUED WILL BE SUJECT TO ANY FEES, OTHER CONDITIONS OR
REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
THIS PROJECT IS APPROVED ON THE EXPRESS CONDITION THAT PRIOR TO
THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMIT, PARKING
AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 87 THROUGH 91
BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD.
55. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
1177466 PAGE 14 0-
sk - TICOR TIT& INSURANCE
THE PUBLIC STREET HEREIN NAMED
GENERAL PUBLIC RIGHT TO TRAVEL
MAP NO. : 12410
STREET AFFECTED : ALGA ROAD
90 AND 91
NO. 1 AND
UPON THE TERMS THEREIN, EXCEPT FOR THE
THE SAME
ADJACENT & CONTIGUOUS TO LOTS 87, 89,
EXCEPTING THEREFROM ACCESS OPENINGS
NO. 2
56. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : GENERAL UTILITY AND ACCESS
AFFECTS LOTS 87, 90 AND 91
57. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FC'R 25' SEWER
AFFECTS LOTS 87 AND 89
58. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : 15' SEWER
AFFECTS : LOT 90
59. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : WATER
AFFECTS : LOT 87
60. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : 15' DRAINAGE
AFFECTS LOT 87
61. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : SIGHT CORRIDOR
AFFECTS LOTS 87 AND 89
62. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : OPEN SPACE
AFFECTS : LOTS 88 AND 89
63. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12410
FOR : PRIVATE ROAD
AFFECTS : LOT 87
64. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
1177466 PAGE 15
ii TICOR TIT INSURANCE
MAP NO. : 12411
PROVISIONS : AS FOLLOWS:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A
WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND
ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
65. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : DRAINAGE
AFFECTS : LOTS 92, 93, 96, 97, 98, 99, 100, AND 200
66. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : SEWER
AFFECTS : LOT 100
67. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12411
STREET AFFECTED : LOTS 92, 93, 95, 96, 98, 227 AND 228 EXCEPT THOSE
PORTIONS SHOWN AS "ACCESS OPENINGS", ADJACENT &
CONTIGUOUS TO ALGA ROAD
68. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
1177466 PAGE 16
- TICOR TITS INSURANCE
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12411
STREET AFFECTED : LOTS 96 AND 97 ADJACENT AND CONTIGUOUS TO
BATIQUITOS DRIVE
69. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12411
FOR OPEN SPACE
AFFECTS LOTS 95, 99, 100, 155, 200, 227, 228, 229, 142, 143, 144
AND 145
70. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12411
FOR SIGHT CORRIDOR
AFFECTS LOTS 92 AND 227
71. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 12411
AS : PORTION OF LOT 97 DEDICATED HEREON TO THE
PUBLIC FOR STREET PURPOSES
AFFECTS : LOT 97 AS SHOWN IN SAID MAP
72. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : GENERAL UTILITY AND ACCESS EASEMENT
AFFECTS : LOT 97
73. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : 45' SEWER AND DRAINAGE EASEMENT
AFFECTS : LOTS 100, 106 AND 107
74. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : CLEAR SPACE AND SIGHT DISTANCE
AFFECTS LOT 126
75. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
FOR : DRAINAGE, GENERAL UTILITY AND ACCESS EASEMENT FOR SEWER
PUMP STATION AND DETENTION BASIN PURPOSES
AFFECTS : LOTS 123 THROUGH 127 INCLUSIVE
76. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12411
1177466 PAGE 17 ul
-- TICOR TIT& INSURANCE
FOR : PRIVATE OPEN SPACE LOT
AFFECTS : LOTS 94 AND 176
77. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. : 12411
PROVISIONS : BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD
PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY
THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 128
THROUGH 226 INCLUSIVE.
78. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. : 12412
PROVISIONS : AS FOLLOWS:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A
WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21 .38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987,
AND ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
79. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12412
FOR : 4' GENERAL UTILITY
AFFECTS : LOTS 233 THROUGH 302 INCLUSIVE
80. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12412
1177466 PAGE 18
QC0 TICOR TIT INSURANCE
FOR : GENERAL UTILITY AND ACCESS
AFFECTS : LOT 303
81. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12412
STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230
82. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12412
STREET AFFECTED : BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOT
229
83. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12412
FOR : OPEN SPACE
AFFECTS : LOTS 231 AND 232
84. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12412
FOR : PRIVATE STREET
AFFECTS : LOT 303
85. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12412
FOR : DRAINAGE AND ACCESS
AFFECTS : LOTS 229 AND 232
86. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. : 12413
PROVISIONS : AS FOLLOWS:
BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING
AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS
EFFECTS LOTS 310 THROUGH 361 INCLUSIVE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A
WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WI
1177466 PAGE 19 0 v
-j TICOR TITO INSURANCE
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND
ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
87. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR DRAINAGE AND ACCESS
AFFECTS : LOT 304
88. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR : SEWER
AFFECTS : LOTS 304, 305, 308 AND 309
89. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12413
FOR : WATER
AFFECTS : LOT 307
90. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR : GENERAL UTILITIES AND ACCESS
AFFECTS : LOTS 305, 306 AND 308
91. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12413
STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 304
92. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12413
STREET AFFECTED : BATIQUITOS DRIVE ADJACENT
1177466 PAGE 20
AND CONTIGUOUS TO LOTS
0
j TICOR TITO INSURANCE
310, 353, 354, 355, 356, 357, 358, 359, 360 AND
361
93. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12413
STREET AFFECTED : AVIARA DRIVE (PRIVATE) ADJACENT AND CONTIGUOUS TO
LOTS 324 AND 325
94. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. : 12413
STREET AFFECTED : AVIARA DRIVE ADJACENT AND CONTIGUOUS TO LOTS 325,
326, 350, 351, 352 AND 353
95. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR : OPEN SPACE
AFFECTS LOTS 306 AND 307
96. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR : SIGHT CORRIDOR
AFFECTS : LOTS 304 AND 310
97. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR : PRIVATE OPEN SPACE LOT
AFFECTS : LOT 316
98. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12413
FOR : CLEAR SPACE AND SIGHT DISTANCE
AFFECTS : LOTS 330, 334, 335, 341, 343 AND 361
99. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP : 12413
FOR DRAINAGE
AFFECTS : LOTS 305 AND 308
100. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
1177466 PAGE 21
70,1
TICOR TlT dk INSURANCE
IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH
AND FOR VALUE.
THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND
WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED
UPON : AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL
BENEFIT CORPORATION
THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE
THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE
TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT.
101. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390102
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL G
102. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 30, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, AND RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
REGARDING : OPTION TO REPURCHASE
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390103
SAID MATTER AFFECTS:
PARCEL G
SAID AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390108
SUBORDINATED TO : OPTION AGREEMENT AND CONDITIONS TO GRANT
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390103
103. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED : JUNE 30, 1989
TRUSTOR : RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390104
SAID MATTER AFFECTS:
PARCEL G
oj~* 1177466 PAGE 22
-k, Qrj TICOR TITLQ INSURANCE
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 29, 1989
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, AVIARIA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, AND CITICORP REAL ESTATE, INC., A
DELAWARE CORPORATION
JULY 25, 1989, RECORDER'S FILE NO. 89-390107
MARKETING AGREEMENT AND DEED OF TRUST
JULY 25, 1989, RECORDER'S FILE NO. 89-390104
104. A DEED OF
STATED HEREIN
DATED
AMOUNT
I RUS I OR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
JUNE 29, 1989
$27,100,000.00
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION
JULY 25, 1989, RECORDER'S FILE NO. 89-390105
SAID MATTER AFFECTS:
PARCEL G
AN ASSIGNMENT OF SALES CONTRACTS AND DEPOSITS, AS ADDITIONAL
SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE
DEED OF TRUST INSURED HEREIN, WHICH ASSIGNMENT WAS
EXECUTED BY : RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TO : CITICORP REAL ESTATE, INC., A DELAWARE
CORPORATION
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390106
105. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390111
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
106. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 30, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
REGARDING : OPTION TO REPURCHASE
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390112
SAID MATTER AFFECTS:
PARCEL H
107. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED : JUNE 30, 1989
1177466 PAGE 23 Q~P
TICOR TIT61 INSURANCE
AMOUNT : $2,250,000.00
TRUSTOR : RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390113
SAID MATTER AFFECTS:
PARCEL H
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: JULY 24, 1989
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390115
108. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED : JUNE 30, 1989
TRUSTOR : RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390114
SAID MATTER AFFECTS:
PARCEL H
109. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
FOR : (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
1177466 PAGE 24
TICOR TIT& INSURANCE
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399349
AFFECTS : PARCEL C AS SET FORTH IN SAID DOCUMENT
110. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399349
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL C
111. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 30, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
REGARDING : OPTION TO REPURCHASE
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399350
SAID MATTER AFFECTS:
PARCEL C
112. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED : JUNE 30, 1989
AMOUNT : $8,160,000.00
TRUSTOR : DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399351
SAID MATTER AFFECTS:
PARCEL C
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: JULY 1989
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399353
113. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED : JUNE 30, 1989
TRUSTOR : DAVIDSON COSCAN PARTNERS, A CALIFORNIA
1177466 PAGE 25
J TICOR TIT INSURANCE ummmw
GENERAL PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY
A CALIFORNIA CORPORATION
BENEr.CIARY : AVIARA LAND ASSOCIATES LIMITED
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 28, 1989, RECORDER'S FILE
OF CALIFORNIA,
PARTNERSHIP, A
NO. 89-399352
SAID MATTER AFFECTS:
PARCEL C
114. COVENANTS, CONDITIONS AND RESTRICTIONS
EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 28, 1989, RECORDER'S FILE
IN THE DEED
PARPICRSHIP, A
NO. 89-399356
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL K
115. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
FOR : (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399356
AFFECTS : PARCEL K AS SET FORTH THEREIN
116. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JUNE 30, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
1177466 PAGE 26 (o
QC) TICOR TIT& INSURANCE
DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
REGARDING : OPTION TO REPURCHASE
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399357
SAID MATTER AFFECTS:
PARCEL K
117. A DEED OF
STATED HEREIN
DATED
AMOUNT
I R US I OR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
JUNE 30, 1989
$6,311,250.00
DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
JULY 28, 1989, RECORDER'S FILE NO. 89-399358
SAID MATTER AFFECTS:
PARCEL K
THE BENEFICIAL INTEREST
TO
BY ASSIGNMENT DATED:
RECORDED
UNDER SAID DEED OF TRUST
FIRST INTERSTATE BANK OF
CALIFORNIA CORPORATION
JULY 1989
JULY 28, 1989, RECORDER'S
WAS ASSIGNED
CALIFORNIA, A
FILE NO. 89-399360
118. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED : JUNE 30, 1989
TRUSTOR : DAVIDSON COSCAN PARTNERS, A CALIFORNIA
GENERAL PARTNERSHIP
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399359
SAID MATTER AFFECTS:
PARCEL K
119. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY
ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS
AND ASSIGNS
FOR : THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION
AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES
DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING,
STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER,
INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND
GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL
1177466 PAGE 27
'i TICOR TITIE INSURANCE
NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES
OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE
GROUND.
RECORDED : AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898
AFFECTS : PARCEL A AS SET FORTH THEREIN
120. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY : AVIARA LAND 4550 CIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL E
121. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
FOR : (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103
AFFECTS : PARCEL E AS SET FORTH THEREIN
122. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : AUGUST 10, 1989
BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND LYON COMMUNITIES
INC., A CALIFORNIA CORPORATION
REGARDING : OPTION TO REPURCHASE
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440104 loopm
1177466 PAGE 28 "1w
TICOR TITLE INSURANCE
SAID MATTER AFFECTS:
PARCEL E
123. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED : AUGUST 10, 1989
TRUSTOR : LYON COMMUNITIES INC., A CALIFORNIA
CORPORATION
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO.
89-440105
SAID MATTER AFFECTS:
PARCEL E
124. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED : AUGUST 10, 1989
AMOUNT : $8,700,000.00
TRUSTOR : LYON COMMUNITIES INC., A CALIFORNIA CORPORATION
TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440106
SAID MATTER AFFECTS:
PARCEL E
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: AUGUST 10, 1989
RECORDED : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440107
NOTES
A. CODE AREA
PARCEL NO.
09133
214-170-51,
215-040-15,
215-051-10,
215-080-02,
216-111-04,
215-040-02-01, 215-040-02-02
215-040-16, 215-050-14
215-070-05-01, 215-070-05-02
216-111-01, 216-111-03
216-150-06, 216-150-07
1177466 PAGE 29
TICOR TIT INSURANCE ,11 4, .01
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL
IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON
RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180;
THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 0003210111 WEST
426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES:
NORTH 83 0 55'00" WEST
SOUTH 67 0 22 1 00" WEST
SOUTH 39 0 25'00" EAST
SOUTH 49 0 15'00" WEST
NORTH 58 0 00'00 WEST
NORTH 05 0 14'00" EAST
NORTH 74 0 45'00" WEST
SOUTH 59 0 00'00" WEST
SOUTH 22 0 30'00" WEST
SOUTH 61054l00H WEST
NORTH 89 0 00'00" WEST
SOUTH 62 0 50'00 WEST
SOUTH 54 0 10'00" WEST
NORTH 54 0 10'00" WEST
NORTH 35 0 30'00" WEST
NORTH 2003010011 WEST
SOUTH 25 0 30'00" WEST
SOUTH 33 0 30'00" WEST
SOUTH 7703010011 WEST
SOUTH 75 0 58'00" WEST
NORTH 73 0 50 1 00" WEST
NORTH 7401010011 WEST
NORTH 73 0 16'26" WEST
SOUTH 78 0 00'00" WEST
TO THE BOUNDARY LINE
THENCE ALONG SAID BO
164.81 FEET; SOUTH 51 0 22'00" WEST 518.00 FEET;
140.00 FEET; SOUTH 60 0 44'00 WEST 295.00 FEET;
163.00 FEET; SOUTH 21 °11'00" WEST 214.00 FEET;
119.00 FEET; NORTH 89045b00u WEST 186.00 FEET;
132.00 FEET; NORTH 72030b0011 WEST 187.00 FEET;
201.00 FEET; NORTH 51 0 53'00" WEST 63.00 FEET;
193.00 FEET; NORTH 89 °42'00" WEST 218.00 FEET;
156.00 FEET; NORTH 7501010011 WEST 113.00 FEET;
88.00 FEET; SOUTH 8102210011 WEST 57.00 FEET;
195.00 FEET; NORTH 82°00'00" WEST 114.00 FEET;
120.00 FEET; SOUTH 01 °00'00" EAST 36.00 FEET;
318.00 FEET; SOUTH 28 0 00'00 EAST 35.00 FEET;
148.00 FEET; SOUTH 79 0 35'00" WEST 155.00 FEET;
370.00 FEET; NORTH 74 0 30'00" WEST 86.00 FEET;
141.00 FEET; NORTH 11 0 10'00" EAST 110.00 FEET;
128.00 FEET; NORTH 85 0 00'00" WEST 71.00 FEET;
223.00 FEET; SOUTH 10045b00h1 EAST 53.00 FEET;
146.00 FEET; SOUTH 55 0 30'00" WEST 52.00 FEET;
358.00 FEET; SOUTH 55°10'00 WEST 167.00 FEET;
42.00 FEET; NORTH 83 0 56'00" WEST 117.00 FEET;
99.00 FEET; NORTH 79 0 50'00" WEST 147.00 FEET;
190.00 FEET; NORTH 68056b02fl WEST 346.00 FEET;
174.03 FEET; NORTH 84 0 00'00" WEST 124.00 FEET;
447.00 FEET; NORTH 83 0 00'00" WEST 123.73 FEET
OF SAID RECORD OF SURVEY MAP;
UNDARY LINE, THE FOLLOWING COURSES:
NORTH 32 0 17'46" WEST 561.66 FEET; NORTH 69 0 15'21" WEST 228.23 FEET;
NORTH 00 0 4321" WEST 788.21 FEET; NORTH 0003014511 EAST 1357.73 FEET;
SOUTH 89008132 EAST 1358.19 FEET; NORTH 23 0 18'51' EAST 156.92 FEET;
SOUTH 83 0 50'41" EAST 182.99 FEET; NORTH 63 0 51'06 EAST 118.55 FEET;
NORTH 46 0 13'35 EAST 66.99 FEET; NORTH 21 0 20'05" EAST 79.07 FEET;
NORTH 14041115h1 WEST 271.95 FEET; NORTH 26 0 25'20 WEST 112.93 FEET;
NORTH 4401110811 WEST 189.02 FEET; NORTH 36 0 54'21" WEST 80.99 FEET;
NORTH 17022b08 WEST 96.53 FEET; NORTH 07 0 5757" WEST 108.47 FEET;
NORTH 03 0 5141" EAST 180.95 FEET; NORTH 35035I33H WEST 142.04 FEET;
NORTH 00 0 34"18" EAST 2716.14 FEET; SOUTH 86 0 58'38 EAST 1318.67 FEET;
NORTH 01 0 49 1 19 WEST 331.07 FEET; SOUTH 8605711211 EAST 660.57 FEET;
SOUTH 01 0 36'47" EAST 330.69 FEET; SOUTH 00006150fl WEST 1340.75 FEET;
SOUTH 87 0 30'08" EAST 662.65 FEET; SOUTH 8703211411 EAST 662.56 FEET,
1177466 PAGE 30 00
j TICOR TIT& INSURANCE
NORTH 00 0 12'09"
NORTH 00 0 41'54" SOUTH 000331250
SOUTH 89 0 19'14"
SOUTH 89 0 16'26"
SOUTH 89 0 16'42"
SOUTH 44 0 39'44"
SOUTH 38 0 15'14"
SOUTH 24 0 07'12"
SOUTH 48 0 19'47"
NORTH 88 0 48 1 10"
NORTH 88 0 5525"
FEET TO THE P01
WEST
WEST
WEST
EAST
EAST
EAST
WEST
WEST
WEST
EAST
WEST
WEST
NT OF
1328.52 FEET; SOUTH 86 0 58'17" EAST
2434.07 FEET; SOUTH 89 0 28'30" EAST
2491.10 FEET; SOUTH 00 0 4222" EAST
1334.44 FEET; SOUTH 00 0 21'21" EAST
252.98 FEET; SOUTH 00 0 43'19" WEST
299.95 FEET; SOUTH 25 °48'10" EAST
109.07 FEET; SOUTH 40 0 51'44" WEST
136.45 FEET; SOUTH 08 0 46'19" WEST
174.68 FEET; SOUTH 1501316u EAST
507.55 FEET; SOUTH 24 0 29'17" EAST
770.87 FEET; NORTH 00022148fl WEST
1321.10 FEET; AND SOUTH 00 0 4222"
BEGINNING.
659.12 FEET;
1370.33 FEET;
2294.99 FEET;
328.99 FEET;
392.93 FEET;
163.03 FEET;
501.68 FEET;
168.00 FEET;
128.95 FEET;
825.89 FEET;
658.36 FEET;
EAST 655.68
EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE
1 - UNIT "A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 - UNIT "B" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA.
PHASE I - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE
1 - UNIT "E" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989;
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED
OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG
THE EASTERLY LINE OF SAID SECTION 22, NORTH 00 °33'25" EAST, 1634.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
LINE, SOUTH 89 0 46'56" WEST, 678.27 FEET; THENCE SOUTH 44 °18'06" WEST,
124.45 FEET; THENCE SOUTH 89 0 18'06" WEST, 566.00 FEET; THENCE NORTH
19 0 52'40" EAST, 92.87 FEET; THENCE NORTH 45 0 10'21" WEST, 54.44 FEET;
THENCE NORTH 13 0 28'04" EAST, 60.92 FEET; THENCE NORTH 00022!40 WEST,
320.06 FEET; THENCE NORTH 12 0 18 1 08" WEST, 92.73 FEET; THENCE NORTH
50059b09fl EAST, 201.72 FEET; THENCE NORTH 14 °03'08" WEST, 251.61 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774;
THENCE SOUTH 89 0 28'30" EAST, 322.59 FEET; THENCE LEAVING SAID 0
1177466 PAGE 31
-- TICOR TITO INSURANCE
NORTHERLY LINE SOUTH 00 0 43'00" EAST, 121.77 FEET; THENCE SOUTH
49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10 0 13'08" WEST, 45.76 FEET;
THENCE SOUTH 34 0 30'47" EAST, 34.62 FEET; THENCE SOUTH 62 0 22'17 EAST,
25.68 FEET; THENCE SOUTH 19 0 3524 WEST, 109.22 FEET; THENCE NORTH
75 0 32'32" EAST, 110.78 FEET; THENCE NORTH 35 0 50'10" EAST, 100.96 FEET;
THENCE SOUTH 82 0 5354 EAST, 31.50 FEET; THENCE NORTH 56 0 01'44" EAST,
225.45 FEET; THENCE NORTH 43 0 54'35" EAST, 93.91 FEET; THENCE NORTH
73 0 18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH
89 °28'30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
52 0 45'54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID
SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00 0 33'25" WEST,
661.79 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE
SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00021121fl EAST
293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04 °10'50"
WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39 0 32'20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE
20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH
43 °43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 87 0 33'10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 46 0 10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT
430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 0 46'00" A DISTANCE OF
73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55 0 56'00" WEST 416.30
FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55 0 13 1 38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 00 0 42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG
SAID NORTHERLY LINE, SOUTH 89 0 19'14" EAST 1349.44 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
LOTS 1 THROUGH 11 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989.
PARCEL C:
LOTS 12 THROUGH 83 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA
1177466 PAGE 32
-W TICOR TITO INSURANCE
PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR,
AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCEL D:
LOTS 87 THROUGH 91 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 - UNIT B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL E:
LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35 AVIARA PHASE I UNIT
C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR,
AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCEL F:
1177466 PAGE 33
(9
- TICOR TIT INSURANCE
LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127
INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL G:
LOTS 128 THROUGH 226 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I-UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12411, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR,
AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE
SUBSURFACE OF THE PROPERTY, AS RESERVED BY DOCUMENT RECORDED
JULY 25, 1989, RECORDER'S FILE NO. 89-390102.
LOTS 101 THROUGH 114 INCLUSIVE AND LOTS 117 THROUGH 122 INCLUSIVE,
OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR,
AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
1177466 PAGE 34
-Mil TICOR TITA INSURANCE
PARCEL I:
LOTS 229 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE I - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL 4J:
LOTS 304 THRUOGH 309 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL K:
LOTS 310 THROUGH 361, INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE 1 UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR,
AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND
SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCEL L:
THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AS SHOWN ON
RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO.
86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG
THE EASTERLY LINE OF SAID SECTION 22, NORTH 00 0 33'25" EAST, 1634.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
LINE, SOUTH 89 0 46'56" WEST, 678.27 FEET; THENCE SOUTH 44 °18'06" WEST,
124.45 FEET; THENCE SOUTH 89 0 18 1 06" WEST, 566.00 FEET; THENCE NORTH
1905214011 EAST, 92.87 FEET; THENCE NORTH 45 0 10'21" WEST, 54.44 FEET;
1177466 PAGE 35 0
--
j TICOR TITO INSURANCE
THENCE NORTH 13 0 28'04" EAST, 60.92 FEET; THENCE NORTH 00 °22'40" WEST,
320.06 FEET; THENCE NORTH 12018b08fl WEST, 92.73 FEET; THENCE NORTH
50 0 59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774;
THENCE SOUTH 89 0 28'30" EAST, 322.59 FEET; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 0004310011 EAST, 121.77 FEET; THENCE SOUTH
49 0 41'33" WEST, 50.16 FEET; THENCE SOUTH 10 0 13'08" WEST, 45.76 FEET;
THENCE SOUTH 34 0 30'47" EAST, 34.62 FEET; THENCE SOUTH 62 0 22'17" EAST,
25.68 FEET; THENCE SOUTH 19 0 35'24" WEST, 109.22 FEET; THENCE NORTH
75 0 32'32" EAST, 110.78 FEET; THENCE NORTH 35 0 50'10" EAST, 100.96 FEET;
THENCE SOUTH 82 0 53'54 EAST, 31.50 FEET; THENCE NORTH 56 0 01'44" EAST,
225.45 FEET; THENCE NORTH 43 0 54'35" EAST, 93.91 FEET; THENCE NORTH
73 0 18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH
89°28'30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
52 0 45'54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID
SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00 0 33 1 25" WEST,
661.79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL M:
THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00021121h1 EAST
293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04 0 10'50"
WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39 0 32 1 20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE
20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH
43 °43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 87 0 33 1 10 A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 46 0 10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT
430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 0 46'00" A DISTANCE OF
73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55 0 56'00" WEST 416.30
FEE? TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55 0 13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 00 0 42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG
SAID NORTHERLY LINE, SOUTH 89 0 19'14" EAST 1349.44 FEET TO THE POINT OF
BEGINNING.
1177466 PAGE 36
69
(4 TICOR TITA INSURANCE
EXHIBIT A
Printed Policy Exceptions and Exclusions
LTA RESIDENTIAL POLICY (6-1-87)
The Exclusions and the Exceptions of the ALTA Residential Policy * that result in no loss to you
form recite that you are not insured against loss, costs, attorneys'
fees, and expenses resulting from: * that first affect your title after the Policy Date--this does not
limit the labor and material lien coverage in Item 8 of Covered Title
Exclusions Risks
1 Governmental police power, and the existence or violation of
any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning
• land use
• improvements on the land
• land division
environmental protection
This exclusion does not apply to violations or the enforcement of
these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in
Items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records on
the Policy Date
* the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3 Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date--unless
they appeared in the public records
4 Failure to pay value for your title.
5 Lack of a right:
to any land outside the area specifically described and
referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered
Title Risks.
Standard Exceptions
(a) Any rights, interests or claims of parties in possession of the
land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of the Covered
Title Risks.
(c) Any facts about the land which a correct survey would disclose
and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of
Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
ALTA LOAN POLICY (10-21-87)
WITH ALTA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply With applicable doing business laws of the state in which the land is situated.
5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to
Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date 0
Policy the insured has advanced or is obligated to advance.
1177466 PAGE 37 Qy (continued on next page)
-- TICOR TIT INSURANCE- =g
CLTA STANDARD COVERAGE POLICY-1988
Th Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss or damage costs, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use. or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now
or hereafter erected on the land; (iii) a separation in onership
or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects. liens, encumbrances. adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,
but created, suffered, assumed or agreed to by the insured
claimant:
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under
this policy;
(C) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,
to comply with the applicable doing business laws of the state
in which the land is situated,
5. Invalidity or unenforceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer
credit protection or truth in lending law,
Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will
not pay costs, attorneys' fees or expenses) which arise by reason of:
Part I
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession
thereof.
3. Easements. liens or encumbrances, or claims thereof, which are
not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters
excepted under (a),(b) or (c) are shown by the public records.
6. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by making
inquiry of the lessors in the lease or leases described or referred
to in Schedule A.
7. The effect of any failure to comply with the terms, covenants
and conditions of the lease or leases described or referred to
in Schedule A.
ALTA OWNER'S POLICY (10-21-87)
The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
1177466 PAGE 38
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this6th day of November ,
by and between Aviara Land Associates Limited Partnership -
(Name of Developer-Owner)
aPartnership , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 2011 Palomar Airport Rd., Suite 206, Carlsbad, CA92OO
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESS ETH:
WHEREAS, Developer is the owner of the real property described, on Exhibit
"A":, attached hereto and made a part of this agreement, hereinafter referred
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88 cD
S
. S
on said Property, which development carries the proposed name of
Av jar a
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 8th day of November ,1989 ,
with the City a request for A Master Plan Ainmendment and Tentative
Tract Map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires
that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on. file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public facilities and services are at
capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and
services will be available to meet the future needs of the Development as it is
presently proposed; but the Developer is aware that the City cannot and will
not be able to make any such finding without financial assistance to pay for
such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
REV 3-1-88
2
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% of the building permit valuation
at the time of conversion. The fee for a condominium conversion shall be paid
prior to the issuance of a condominium conversion permit as provided in Chapter
21.47 of the Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction permits", "other
construction permit" and entitlement of use" as used in this agreement, except
in reference to mobile home sites or projects, shall not refer to grading
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88
0
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined
by City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites donated
under this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent with
the General Plan and any approval or permit for the Development shall be void.
No building or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a
public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient
funds from the payment of this and similar public facilities fees are
available.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply with any requirements of other public agencies as evidence
of adequate public facilities and service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
I I
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
at the address set forth herein, enclosed in a sealed envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
S. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references to and include their respective successors and assigns without
specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's obligations
hereunder.
0
9. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5 0
. 0
EXHIBIT 'A'
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA,COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL IN
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA
REV 3-1-88
RE
. I
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
Aviara Land Associates corporation of the State of
Limited Partnership California
By:
MARTIN ORENYAK
For City Manager
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
REV 3-1-88 6
0
S •
STATE OF CALIFORNIA
55.
COUNTY OF SAN DIEGO
On day of ,1989 before me, the undersigned, a
Notary Public in and for said State, personally appeared D. L.
Clemens, personally known to me to be the person who executed the
within instrument as the Vice President of Aviara Land Company, a
Delaware corporation, the corporation that executed the within
instrument on behalf of Aviara Land Associates Limited Partnership,
a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership
executed the same.
WITNESS my hand and official seal.
VD:EBORAH
NOTARY PUBLIC
OFFICIAL SEAL
POWELL
Y PUBLIC-CALIFORNIA
INCIPAL OFFICE IN
N DIEGO cOUNTY
MY z*Io Exp. sepwnw 4,1993
RE
e
Costa R
'0
Municipd Water District
4'p 5950 El Camino Real, Carlsbad, CA 92008 4L W%'
Telephone: (619) 438-2722
Engineering Dept: 438-3367
January 23, 1989
Attn: Mr. Tony German
Hillman Properties
Carlsbad, California 92008
Subj: Aviara (Pacific Rim Development)
CarlsbadTract No. 85-35
Dear Tony:
The subject project is located within the Costa Real
Municipal Water District service area. Water service can be made
available to subject property and may be developed at the time an
application for service is completed, and all applicable fees are
paid.
The applicant shall meet the conditions of the Costa Real
Municipal Water District and its Water Master Plan. The applicant
shall also meet the conditions of Local Facilities Management Zone
19. Installation of any facilities shall be in accordance with the
District's "Standard Plans and Specifications" dated January 1987.
The entire water system is being evaluated in detail to
assure that adequate capacity for domestic, landscaping and fire
flow demands are met.
Regarding fees and deposits: The developer will be respon-
sible for the major facility charge which will be collected at time
of issuance building permit. Please contact the undersigned if you
have any questions regarding this project.
Very truly yours,
F. ery Whitle
Engineè±ing Supervisor
FJW:jcm
CRMWD 86-503
0 CITY OF CARLSBAD 46
APPLICATION REQUIREMENTS FOR
TENTATIVE TRACT MAPS
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMITS
Thellowing materials shall be submitted for each application.
L 1 1. El copies of the tentative map/condominium site plan prepared on
a 4" x 36" sheet(s) and folded into 83 x 11" size. Fifteen copies
of the tentative tract map/condominium site plan shall be submitted
by the applicant upon request of the project planner prior to project
approval. Each tentative map 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;
LI
C. North point;
LI
D. Scale; vicinity map;
LI
E. Date of preparation;
LI
F. Classification of lots as to intended residential, commercial,
industrial or other uses;
LI
G. Tentative Map number in upper right hand corner (City to
provide number at time of application.)
Li
H. Number of units to be constructed when a condominium or
community apartment project is involved;
LI
I. Name of sewer and water district providing service to the
project.
LI
J. Average Daily Traffic generated by the project broken down by
separate uses.
H.
LI
LI LI LI
Li
LI
Site Information:
A. General
1) Approximate location of existing and proposed buildings
and permanent structures;
2) Location of all major vegetation, showing size and type;
3) Location of railroads;
4) Legal description of the exterior boundaries of the
subdivision (approximate bearings, distances and curve
data);
5) Lot lines and approximate dimensions and number of each
lot;
B. Streets and Utilities
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 Department Policies.
(Especially Policy Numbers 1 and 22)
ARFRM0003A.DH 7/89
• o
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.
L_L 4) Width and location of all existing or proposed public - or private easements;
L../ 5) Public and private streets and utilities clearly - identified.
L/ 6) Show distance between all intersections and medium and - high use driveways.
L..J 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.
LI 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.
LI 10) Show all fire hydrants located within 300 feet of the
site.
- 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;
LL 2) Earthwork volumes: cut, fill, import and export.
LI 3) Spot elevations at the corners of each pad.
LJ 4) Method of draining each lot. Include a typical cross
section taken parallel to the frontage for lots with less
- than standard frontage.
LJ 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.
LI 6) Clearly show and label the 100 year flood line for the
before and after conditions for any project which is
within or adjacent to a FEMA flood plain.
,- 2. One (1) copy of 8 1/2" x 11" site plan.
3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200"
- vicinity maps on the site plan are not acceptable).
LI 4. Environmental Impact Assessment Form (Separate fee required).
Required for tentative parcel maps only where significant grading
is proposed. Check with Planning staff to determine if required for
your application.
/ 5. Public Facility Agreement: Two (2) copies: One (1) notarized
original and one (1) reproduced copy.
41 6. Disclosure Statement. (Not required for tentative parcel maps.)
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ZEK 7. Property Owner's List and Address Labels
- typewritten list of names and addresses of all property
owners and occupants within the specified radius from the
subject property as follows:
• Within a 600 foot radius for all tentative tract maps.
• Within a 600 foot radius for all tentative parcel maps
with concurrent site development plan applications.
• Within a 300 foot radius for all other tentative parcel
map, condominium permit or planned development permit
applications.
In addition for all condominium conversion projects, include
a list of names and addresses for all tenants.
For all project applications, include on the list the name and
address of the applicant and/or owners. The list shall include
the San Diego County Assessor's parcel number from the latest
2s-sessment rolls.
Two separate sets (three for tentative parcel maps with
concurrent site development plan applications) of mailing
labels for all property owners, tenants, applicant and/or owner
as required above. For any address other than single family
residences the apartment or suite number must be included.
DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must
submit separate check to cover cost of postage.
8. 600 Foot Radius Mai) (300 foot for tentative parcel maps without
associated site development plans applications)
A map to scale not less than 1" = 200' showing each lot within 600
feet (300 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.
-
/ 9. Preliminary Hydrology map and calculations for lots exceeding one
acre. Show before and after discharges to each included drainage
basin. LI 10. Two (2) copies of the Preliminary Title Report (current within the
- last six (6) months).
Proof of availability of sewer if located in the Leucadia County
- Lzi. Water District or the San Marcos Water District.
A letter from the appropriate water district indicating that
compliance with the Growth Management Performance Standard will be
- maintained with the proposed development. Lt 13. Colored Site Plan and Elevation Plan (Not required with first
submittal and not required for tentative parcel maps). 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 exhibits.
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14. Statement of agreement to waive tentative tract map time limits.
Required for tentative maps
processing of planning application,
only when project requires concurrent
or environmental review.
L2 15. Constraints Map (24" x 36") folded to 8 1/2" x 11" shall include
the following information: (Note: This information is not required
for previously graded sites and the conversion of existing
- structures.)
1. Major ridge lines
LI 2. Distant views
LI 3. Internal views
4. Riparian woodlands
5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
8. Major rock outcroppings
9. Easements
10. Floodplains
11. Archaeological sites
12. Special planning areas
13. Biological Habitats.
For projects with an average
greater than 500 vehicles per
Two (2) copies of a Circulation Impact Analysis for the
project. The analysis must be prepared by an appropriate
registered Engineer. The analysis must show project impacts
to all intersections and road segments identified as impacted
within the included Local Facilities Management Plan. The
following should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone
impacted roads, background and project AM and PM
peak hour impacts and traffic distribution.
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service.
d) Any proposed mitigation requirements to maintain
the public facility standards.
Two copies of preliminary soils/geologic report for all project with
cut or fill depths exceeding 5 feet.
For all condominium conversions, a signed statement by the owner
stating Section 66427.1 of the State Map Act will be complied with.
For all condominium conversions, a letter from San Diego Gas and
Electric company stating that plans to convert the gas and electric
system to separate systems have been submitted and are acceptable.
For all condominium conversions, one copy of a compliance inspection
performed by the Building Department. (Separate fee required).
LI LI LI LI LI LI LI
I ";-Ijp
7.
ZZ 18.
Z19.
20.
daily traffic (ADT) generation rate
day:
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2 . For development all cc,dominium and planned .1rojects eight (8) copies
of preliminary landscape plan (four (4) copies for projects with
four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11"
size. Fifteen (15) copies of the landscape plans shall be submitted
by the applicant upon request of the project planner prior to
approval of the project.
- Each landscape plan shall include the following information:
LI a. Landscape zones per the City of Carlsbad Landscape Guidelines
Manual.
LI b. Typical plant species and their size for each planting zone.
LI C. An estimate of the yearly amount of irrigation (supplemental)
water required to maintain each zone.
LI d. Landscape maintenance responsibility (private or common) for
- all areas.
LI e. Percent of site used for landscaping.
--I:±--22. For all condominium and planned development projects, eight (8)
copies of the building elevations and floor plans (four (4) copies
for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations
and floor plans shall be submitted by the applicant upon request of
the project planner prior to project approval. Each building
- elevation and floor plan shall include the following information:
LL a. Floor plans with square footage included.
LI b. Location and size of storage areas.
LI
C. All buildings, structures, walls and/or fences, signs and
exterior lights.
23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE
EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES).
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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 complete. When the application is complete, the
processing period will sta.tpon the date of the completion letter.
Applicant Signature:
Staff Signature:
Date: if
• To be stapled with receipt to application
Copy for file
L701