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Home My WebLink AboutCT 90-13; Rancho Real; Engineering ApplicationCITYt)F CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: R/USJCK* n-e^- DATE: 1-21- V PROJECT DESCRIPTION: cr- <te~ii> PROJECT ADDRESS: Sfca^ fc^ CAAM/MO OEAA- LOTNO(S).: »* } »fe MAP NO.: CT *\Q~Cb APN(S).: 2&8 ~04O-c>tvo7ro$,o<vvo NO. OF DWELLING UNITS: LFMP ZONE: # LOTS: # ACRES: OWNER: <TAruifcfco 35rt_.«_.c. Mailing Address: 3ooz ec**J Av»e - fcTG; * 1 2_-2_ TUVTIO*, CA °iz."e<Bo Phone Number: (it4 )SA4-«5l"7 1 certify that 1 am the legal owner and that all the above information is true and correct to theb@st-ef my knowledge Siqnature-57^^^^^^^^"^ Date i-a.i*l1 ^^ ^^ CIVIL E'NGTNEER: Firm: (^AAi.5,OfM <• Ai&CJC-tATC^ Mailing Address: 2.00 e- '-^Ai^l^JtoTo^4 ST\£ 200 tiCCOi 01 f» , C-A etifeZ J"~ l?lt Phone Number: (16^ ) "74 V - 35*70 r.» x r-, • ^ »• KI u DCOfc WAiiONState Registration Number: l~T~iob LANDSCAPE ARCHITECT: Firm: (£>A(c<bk srocj^Jjei-t- Mailing Address: pc 6®r -72.0 SJ a. 3- 0 > /c/\ <^ Wi 2. Phone Number: (£<«! ) "78f'5'72.o State Registration Number: O«**>^j*«fx>"~<*^ APPLICANT: fo~~<=^ Mailing Address: f((MM/v.<-«.& cef**xu»on-ife$, / INAfVNAJtCA. Op" CCs^S U.t-X. Phone Number: ( ) Signature ^c^^^^^^^^ate rzc-<\« ^^ s^^^ SOILS^NGTNEER: Firm: Gcoco/^ Mailing Address: ^feo FLAN»<3Grt5» DA. S,D. y<:A ^tiii- 2c<"74 Phone Number: ( £ ci ) s s 8 - 6^00 State Registration Number: ^ ^ |^j£3r N ADDITIONAL COMMENTS: ph.C'Tfecr sur-iofevea J MAYS. -^ A&fe<=> OATfei Z-iS^t ^He.rs»^ra AC9/Q,K< 0^ ^ c/v^e pcrt<FS.-r, CA H-z^iO ^'n^'O 8s s • 4 liv IMPROVEMENT VALUATION 1 . What water district is the proposed project located in (circle one)? (^Carlsbad Municipal Water District ") Olivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% ^^ ,N contingency fee, for water and reclaimed water improvements (if applicable)? $ PLACE 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ " 4. What is the total cost of landscape and irrigation improvements on private property (if $ applicable)? /l GRADING QUANTITIES cut HXTOG cy fill us, TOD cy remedial -?ifOGo cy import/export o cy DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 APPLICATION FOR: ^ (S all that apply) % Adjustment Plat Q Certificate of Compliance Q Dedication of Easement Type: Type: Q Encroachment Permit Q Engineering Standards Variance Q Final Map Q Grading Plancheck Q Grading Q Improvement Plancheck Q Landscape Plancheck Q Parcel Map Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Piancheck Number Type ADJP COC DOE ENCROACH ESV FM GRPC GRADING IPC LPC PM QUITC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BY: \D • /2.\£>L_ MASTER PROJECT ID: RECEIPT NUMBER: typty PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number W-of Project I.D. CT90-tf Deposit/Fees Paid 7^*- RECEIVED FEB 2 6 1999 ENGINEERING DEPARTMENT DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: £?/9AJCA/O 7?f/9JL DATE: jQj3ol9R PROJECT DESCRIPTION: 3& ^QT 'JQFS/ntAJ/J/)!. SORDJVJS/AfiJ PROJECT ADDRESS: ^7339 EL C/9AJ//JO PE^L LOTNO(S).: 13 4 M MAP NO.: 3O-J3 APN(S).: 2o8-Q46-f)6iC>'7iG8j£. NO. OF DWELLING UNITS: 35 LFMPZONE: / # LOTS: 38 # ACRES: /££ OWNER: CARLSBAD 3.5". //C•_ ^_l -r y Mailing Address: J9£>c£> X)O^J /)V&JL)£ ST£ J22 TOST/jJ) fV? JP"7A£> Phone Number: (7/4) v^4-/5/Y 1 certify that 1 am the legal owner and that all the above information is true and correct.to the best,of my knowledge ^^^gg>^ CIVIL ENGINEER: Jtooft /^/9550/J Firm: /^I/J^SP^ ^ >5!SSCt7/972vS /AJC.X Mailing Address: ^y^ /: U/SS/V/'OG/feyU , sSTf, c'O^ Phone Number: (/2^£> ) ^4-/- 3£~7O State Registration Number: yZ^YY" >/ 7725> ^3 LANDSCAPE ARCHITECT: ^/?FS STarkueLL Firm: G/?£(5 S^C^UJEZi #/)SSOCi&T£S Mailing Address: /4579 C^//£ D£ A/^UJAWA/ J?/^X3 J^/F^O r/:) 9/VP9 Phone Number: (^/g ) 5^9-^/97 State Registration Number: IMPROVEMEN 1 . What water district is the proposed project located in (c (Carlsbad Municipal Water District) ( 2. If in the Carlsbad Municipal WaterTfisfrict, what is the I contingency fee, for water and reclaimed water impn 3. What is the total cost estimate, including the 15% conti Municipal Water District only), street, public (media drainage improvements (if applicable)? 4. What is the total cost of landscape and irrigation impro applicable)? APPLICANT: 'P/MMflCLE C'OMML^iTiS^^ Mailing Address: Jfo£)p TV^uJ /9^/JtAF, ST£. -fijo ZL JfJC,. J2P TUST/AJ C/) 9$.7£O Phone Number: ( '7/4- ) £4.4 — j^l '7 ^^^^ ^^' ^^ SOILS "ENGINEER: J/?/4£S /. ^/?oto/J Firm: GfOCOJj Mailing Address: ^7^0 F^fOQEJ^ D/?/v£ .S/5A3 7W6<D r/D 9&JPJ-P974- Phone Number: (<^/9 ) &5ft -£^C>O State Registration Number: Qp p 1 7£ ADDITIONAL COMMENTS: T VALUATION ,ircle one)? Dlivenhain Vallecitos otal cost estimate, including the 1 5% jvements (if applicable)? $34Q (\ ngency fee, for sewer (for Carlsbad n) landscape and irrigation, and vements on private property (if $ GRADING QUANTITIES cut 7/5,977 cy fill //3, 977 cy remedial 72,276 cy import/export AJ/.A *' vx>.od cy DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 APPLICATION FOR: (/ all that apply) Q Adjustment Plat Q Certificate of Compliance ^( Dedication of Easement Type: ^vfedvju<4- o{ &.tjjus*& Type: r4f 1 ' l» Q Encroachment Permit Q Engineering Standards Variance Q Final Map Q Grading Plancheck Q Grading Q Improvement Plancheck Q Landscape Plancheck Q Parcel Map Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction ST Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Plancheck Number Usf |3 Type ADJP COC DOE s>£ ENCROACH ESV FM GRPC GRADING IPC LPC PM QUITC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BYfT} . P-Y <-—^s a f MASTER PROJECT ID: Aft*- * 327 ZSTLH RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number ?r\ 1-3.M PKLZJ.KI Project I.D. > Cr^-o n~*?M3 Deposit/Fees Paid 3</*> 373 RECEIVED DEC 3 l 1938 ENGINEERING DEPARTMENT DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: RANCHO REAL DATE: 2/26/98 PROJECT DESCRIPTION: 39 Lot ResidentialSubdivision PROJECT ADDRESS: South of El Catnino Real LOTNO(S).: MAP NO.: 90-13 APN(S).: 208-040-05, 06, 07,08,09 NO. OF DWELLING UNITS: 35 LFMP ZONE: 1 # LOTS: 39 # ACRES: 16.827 ,ic • OWNER: General Securities Corp. Mailing Address: p-°- B0* 12 Carlsbad, CA 92018 Phone Number: ( 760) 722-4886 1 certify that 1 am the legal owner and that all the above information is true and correct to the best of my knowledge Signature Q~^JJ O^^^Jt Date 3 /•?(<?« CIVIL ENGINEER: Doua Masson Firm: Masson and Associates, Inc. Mailing Address: 200 E. Washington, Suite #200 Escondido, CA 92025 Phone Number: ( 7^0 ) 741 T57D State Registration Number RCE 17706 LANDSCAPE ARCHITECT: Grecr Stockwell Firm: Greg Stockwell & Associates Mailing Address: P.O. Box 880788 San'Dieao, CA 92168-0788 Phone Number: (619*569-6197 State Registration Number APPLICANT: Athalon Property Services Mailing Address: 9227 Haven Avenue . Suite Rancho Cucamoncra. CA 91730 Phone Number: ( 909)944-0600 Sionatu/V^C^ ^ u A SOILS ENGINEER: James L. Brown Firm: GEOCON Mailing Address: 6960 Flanders Drive San Diego, CA 92121-2974 Phone Number: (fiig ) 558-6900 State Registration Number: GE 2176 ADDITIONAL COMMENTS: Grc #2S I IMPROVEMENT VALUATION 1 . What water district is thejJiojDpsed project located in (circle one)? (^Carlsbad Municipal Water DistrictlZ> Olivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? $ 320 , 078 . 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ 893 , 189 . 35 30 4. What is the total cost of landscape and irrigation improvements on private property (if $ applicable)? GRADING QUANTITIES cut 113,977 cy fill 113,977 cy remedial 72,276 cy import/export N/A cy OOCS/MISFORMS/APPLICAT1ON ENG PLAHCHECK OR PROCESSING REV. 6/10/97 APPLICATION FOR: (/ all that apply) Q Adjustment Plat Q Certificate of Compliance ^Q.edication of Easement Type: PoVA'r. &K ^Ou> Type: Q Encroachment Permit Q Engineering Standards Variance ^FinalMap £EM3rading Plancheck Q Grading ^^Improvement Plancheck Q Landscape Plancheck Q Parcel Map Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Plancheck Number Type ADJP COG DOE ENCROACH ESV FM GRPC GRADING IPC LPC PM QUITC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BY:^ } J ^^ Cx<^> 0 MASTER PROJECT ID: RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number *«. 3 . 4. 34L PR 3. -<• 347 PR 3.4.34g ?RS.4J4^ FM ^-\y Sfbl-l* 3(0^-7 Project I.D. cr?o-v3 £3-40-11 oreJ'0-«3 cr<t»-^ £r^)2> Cr^O-B Cr9o-i3 Deposit/Fees Paid 3^ 31° 3?° 3?* RECEIVED JUN DEPARTMENT • DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 A CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: RANCHO REAL DATE: 2/26/98 PROJECT DESCRIPTION: 39 Lot ResidentialSubdivision PROJECT ADDRESS: South of El Camino Real LOTNO(S).: MAP NO.: 90-13 APN(S).: 208-040-05, 06, 07,08,09 ,ic NO. OF DWELLING UNITS: 35 LFMPZONE: 1 #LOTS: 39 # ACRES: 16.827 • OWNER: General Securities Corp. Mailing Address: P«0. Box 12 Carlsbad, CA 92018 Phone Number ( 760) 722-4886 1 certify that 1 am the legal owner and that all the above information is true and correct to the best of my knowledge Signature (^^ja Olb+AjJL Date 3 It (3 8 CIVIL ENGINEER: Doug Masson Firm: Masson and Associates, Inc. Mailing Address: 200 E. Washington, Suite #200 Escondido, CA 92025 Phone Number: ( 759 ) 74] -^^n State Registration Number: RCE 17706 LANDSCAPE ARCHITECT: Grea Stockwell Firm: Greg Stockwell & Associates Mailing Address: P.O. Box 880788 SaiVDieqo, CA 92168-0788 Phone Number ( fil q ) c;fiq_fi1 q7 State Registration Number APPLICANT: Athalon Property Services Mailing Address: 9227 Haven Avenue Suite Grc #2S Rancjio Cucamonaa. CA 91730 Phone Number: ( 909)944-0600 VB^^dtf^ 'WU u SOILS ENGINEER: James L. Brown Firm: GECCON Mailing Address: 6960 Flanders Drive San Diego, CA 92121-2974 Phone Number (fii q ) <^8.-fi900 State Registration Number GE 2176 ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1 . What water district is thejaaposed project located in (circle one)? (^Carlsbad Municipal Water District"^) Olivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? $320 , 078 .35 ' 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $893,189.30 4. What is the total cost of landscape and irrigation improvements on private property (if $ applicable)? GRADING QUANTITIES cut H3, 977 cy fill 113,977 cy remedial 72,276 cy import/export N/A cy up DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSWG REV. 6/10/97 APPLICATION FOR: (V all that apply) Q Adjustment Plat Q Certificate of Compliance Q Dedication of Easement Type: Type: Q Encroachment Permit Q Engineering Standards Variance Q Final Map Q Grading Plancheck Q Grading Q Improvement Plancheck Q Landscape Plancheck Q Parcel Map Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement ^Substantial Conformance Exhibit FOR CITY USE ONLY Piancheck Number / Type ADJP COC DOE ENCROACH ESV FM GRPC GRADING IPC LPC PM QUITC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BY: V", &.^~*^ U MASTER PROJECT ID: 'C-"T **> 0 ' 3» RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number see 37 & f Project I.D. &rcii)~f3 Deposit/Fees Paid ^i€> ^ iH-' <"• ''•••Jin. / ;-: •- t EiMGSKIEEfti^ .• r>pp,io-r^;-r •;• DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 8/10/97 CITY OF CARLSBAD ^ ENGINEERING DEPARTMENT Tentative Map Extension Application Project Id: nTQn-13/Pim QD-I 6 Project Name: Rancho Real Location: S side of El Camino Real BetweenLisa Street and Hidden Valley Road IN/S/EA/V) Street Name Street Name Street Name Brief Description: 35 Unit Subdivision Reason for Request: A final map was not filed due to economic conditions. Request a one year extension. PmrooHjng Wjth fina1 design. Performed boundary survey.Resolving design issues with Water District. SDGE and the City APPLICANT Name: Charles J. Mclaughlin Company NO.: Athalon .Property Services Address: 9227 Haven Avenue, #290 City, State, Zip Code:Rancho Cucamonga,Ca 91730 Phone Number^ QXX/944-06Q^ c Siqnature: OWNER Name: General Security Corporation Address: P.O. Box 12 City, State, Zip Code: Carlsbad, Ca 92018 Phone Number: (KIQ) 79?_/ia«fi Signature: u Current Expiration Date: 5/29/97 0 Facility Zone:APN.208-040-06,07,08,09,1C Acreage:16.85 Subdivision Type: PUD Number of Lots: 39 No. of D/U's:-.. 35 For City Use Only Master Project ID:CT qo-K x-2^ Application Status: System Status: Project Category: Date Assigned: Land use Engineer: Project Planner:RECEIVED MAR 1 3 1997 ENGINEERING DEPARTMENT DA TE STAMP RECEIVED P:\DOCS\MISFORMS\FRM00073 REV 11/04/9" CITY OF CARLSBAD - ENGINEERING DEPARTMEN Tenti ^ve Map Extension Application Project Id: CT 90-13^^ Project Name: Rancho Real Location: West Side of E1 Camino Real Between Kelly Drive andHidden Valley Road (N/S/E/W) Street Name Street Name Street Name Brief Descriotion: a 35 unit single family residential development Reason for Reauest: A one Year extension to permit continuing preparation and of. a final subdivision map. Request includes extension of related processing permit approvals HDP 90-19, PUD 90-16, SUP 90-7 APPLICANT OWNER Name: Donald D. Hensel Name: General Security Corporation Companv No.: general Security Corooratioi Address: P.O. Box 12 Address: P.O. Box 12 Citv. State, Zip Code: Carlsbad,CA 92018 City. State. Zip Code: Carlsbad, CA 92018 Phone Number: C619) 722-4886 Phone Number: (619) 722-4886 Signature: CA-x-J^O f&^^J? ^i°/<?& Signature: L*^J& <&K&HSL* 208-040-06, 07, Current Expiration Date: 5-29-96 Facility Zone: 1 APN: 08, 09, Single Family Subdivision Type: Residential Number of Lots: 39 No. of t-e Y^«6 16.858210 Acreage: D/U's: 35 For City Use Only Master Project ID: (^ T~ ? 0 - Application Status: System Status: Project Category: Date Assigned: Land use Engineer: Project Planner: MAY 0 9 P:\DOCS\MISFORMS\FRM00073 REV 11/04.32 PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.: _ Dwg. No.: Sheets No.:through. DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 8703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 5962 La Place Court, Suite 245 Carlsbad, CA 92008 (760)431-5999 Signed Date Douglas L. Helming, RCE 23874 Expiration Date 12/31 /01 LW1 PROJECT^fcfcPREVEEW COMPLETION The following project maps have been reviewed and are recommended for approval: Q Project Name: V^ Project No.: Map No.: n , \jf-A-cv\ Sheets No. : <\Q - VS through DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 8703 of the Business and Professions Code to determine that the maps are found to be in substantial compliance with applicable codes and standards. Map review of these project maps does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 5751 Palmer Way, Suite G2 Carlsbad, CA 92008 (760)431-5999 Signed Date Douglas L. Helming, RCE 23874 Expiration Date 12/31/01 o PROJECT MAP REVIEW COMPLETION The following project maps have been reviewed and are recommended for approval: Project Name: v^*^ v^-c-^-O NT*- 42-<^\ ProiectNo.: C— ^ Map No. : \ V\J\. Sheets No.: AO-^ VS =\o-\?> \ through \o DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 8703 of the Business and Professions Code to determine that the maps are found to be in substantial compliance with applicable codes and standards. Map review of these project maps does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Hehning Engineering Co., Inc. 5751 Palmer Way, Suite G2 Carlsbad, CA 92008 (760)431-5999 Douglas L. Hehning, RCE 23874 Expiration Date 12/31/01 Date_ PROJECT EASEMENT REVIEW COMPLETION The following project maps have been reviewed and are recommended for approval: Project Name: Project No.: Document No.: Sheets No.: N/A RANCHO REAL CT90-13 PR 2.3.160 & PR 2.3.161 through N/A DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the easement review of this project as defined in Section 8703 of the Business and Professions Code to determine that the easements are found to be in substantial compliance with applicable codes and standards. Review of these project easements does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 5962 La Place Court, Suite 245 Carlsbad, CA 92008 (760)431-5999 Signed Date Douglas L. Helming, RCE 23874 Expiration Date 12/31 /01 PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: ProiectName: Project No.: DWR. No.: Sheets No.: RANCHO REAL CT 90-13 369-7 1 through 12 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 8703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Signed / Helming Engineering Co., Inc. 5962 La Place Court, Suite 245 Carlsbad, CA 92008 (760)431-5999 Date Douglas L. Helming, RCE 23874 Expiration Date 12/31 /01 PROJECT PLAN REVIEW COMPLETION The following project plan have been reviewed and are recommended for approval: Project Name: Project No.. _ Dwg. No.: RANCHO REAL CT 90-13 369-7A Sheets No.:through 13 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 8703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 5751 Palmer Way, Suite G2 Carlsbad, CA 92008 (760)431-5999 Signed Date Douglas L. Helming, RCE 23874 Expiration Date 12/31/01 JAMES & MARY LEARY 4958 PARK DR CARLSBAD CA 92008-3812 ROBERT & ELAINE STILLMAN 908 S CLEVELAND ST OCEANSIDECA 92054-5028 SHIRLEY KANINAU 1415 LIHOLIHOST 208 HONOLULU HI 96822-4133 THE SOOTER FAMILY 4964 PARK DR CARLSBAD CA 92008-3812 CALEB & KAREN TAYLOR 4966 PARK DR CARLSBAD CA 92008-3812 LEONARD GANN 4968 PARK DR CARLSBAD CA 92008-3812 THE FOX FAMILY 4970 VIA MARTA CARLSBAD CA 92008-3822 STEPHEN & TERESA MURRELL 4972 VIA MARTA CARLSBAD CA 92008-3822 DALE & DEBORAH STOCKTON 4974 VIA MARTA CARLSBAD CA 92008-3822 RUSSELL & JOAN HAMPTON 4976 VIA MARTA CARLSBAD CA 92008-3822 JOHN & MARY FORDE 4978 VIA MARTA CARLSBADCA 92008-3822 HELENE BAILEY 2597 CREST DR CARLSBADCA 92008-1503 THE FEHR FAMILY 4982 VIA MARTA CARLSBADCA 92008-3822 KATHRYN HIEGEL 4984 VIA MARTA CARLSBADCA 92008-3822 RANDOLPH & MARY GERRINGER 4986 VIA MARTA CARLSBADCA 92008-3822 GARY & KATHLEEN LAWSON 4988 VIA MARTA CARLSBADCA 92008-3822 THE CHASE FAMILY 4990 VIA MARTA CARLSBADCA 92008-3822 DOROTHY INDR1ERI 4992 VIA MARTA CARLSBADCA 92008-3822 DENNIS & JEANIE HANSON 4994 VIA MARTA CARLSBADCA 92008-3822 STEVE & DONNA KUSLO 4955 PARK DR CARLSBADCA 92008-3814 PAUL & RUTH JOHNSON 2588 EL CAMINO REAL D336 CARLSBADCA 92008-1211 WILLIAM & JEANNE SUTTLE 4959 PARK DR CARLSBADCA 92008-3814 LEO & ELIZABETH CHRISTIAN 4961 PARKDR CARLSBADCA 92008-3814 EVELYN PACE 4963 PARK DR CARLSBADCA 92008-3814 HEINZ & SANDRA JANKE 4965 PARK DR CARLSBADCA 92008-3814 KURT & PAMELA JORGENSEN 4973 VIA MARTA CARLSBADCA 92008-3823 PETER & IMELDA OLSON 4513 COVE DR 10 CARLSBADCA 92008-4213 GLORIA PEGAN 4977 VIA MARTA CARLSBADCA 92008-3823 EUGENE & JOSEFINA ALLEN 4979 VIA MARTA CARLSBADCA 92008-3823 MICHAEL & CONNIE KESSLER 4981 VIA MARTA CARLSBADCA 92008-3823 GEORGE & MARGUERITE KEALEY PO BOX 1263 CARLSBAD CA 92018-1263 ROBERT & MARGARET DUNCAN 4987 VIA MARTA CARLSBAD CA 92008-3823 STEVEN & SHARON AHLQU1ST 31265ENFIELDLN TEMECULACA 92591-7005 ROBERT & G1NA BURNETT 4991 VIA MARTA CARLSBAD CA 92008-3823 THE LEWIS FAMILY 4908 VIA HINTON CARLSBAD CA 92008-3820 SCOTT & TERESA BECK 4906 VIA HINTON CARLSBAD CA 92008-3820 207-333-18 RAYMOND & DEN1SE PATCHETT 4904 VIA HINTON CARLSBAD CA 92008-3820 207-370-01 THE SPRATT FAMILY 4970 CINDY AVE CARLSBAD CA 92008-3846 207-370-02 JOHN INGRAM 2278 LISA ST CARLSBAD CA 92008-3844 THE HEARD FAMILY 2279 LISA ST CARLSBAD CA 92008-3844 EMIL & MARY LEESE 2277 LISA ST CARLSBAD CA 92008-3844 THE HUGHES FAMILY 2275 LISA ST T CARLSBAD CA 92008-3844 DONALD S1NUTKO 4973 CINDY AVE T CARLSBAD CA 92008-3846 THE MITCHELL FAMILY POBOX 1667 COLUMBIA FALLS MT 59912-1667 THE HULSE FAMILY 4969 CINDY AVE T CARLSBAD CA 92008-3847 JUTTA SGAMBELLUR1 4967 CINDY AVE T CARLSBAD CA 92008-3847 GEORGE & MARION HAGEMAN 4965 CINDY AVE CARLSBAD CA 92008-3847 DOROTHY HUGHES 4963 CINDY AVE CARLSBAD CA 92008-3847 ARTHUR ANDERSON 4961 CINDY A VET CARLSBAD CA 92008-3847 WILLIAM & VIRGINIA REEVES 4959 CINDY AVE CARLSBAD CA 92008-3848 WILLIAM & BEATRICE DELLOW 4957 CINDY AVE CARLSBAD CA 92008-3848 WILLIAM & MARY THORNE 4955 CINDY AVE T CARLSBAD CA 92008-3848 FREMONT & MARJOR1E KEENE 2282 JULIE PL T CARLSBAD CA 92008-3836 DONALD & DORIS ROHRABACHER 44281 FLORESDR TEMECULACA 92592-2305 WILLIAM K.EMPTON 2283 JULIE PL CARLSBAD CA 92008-3836 EDGAR & AGNES SNEED 2281 JULIE PL T CARLSBAD CA 92008-3836 SAMUEL & ANNA LYTTLE 4964 CINDY AVE CARLSBAD CA 92008-3847 EL CAM1NO ESTATES IN 4966 CINDY AVE CARLSBAD CA 92008-3847 THE ROBERTSON FAMILY 5056 EL CAMINO REAL CARLSBAD CA 92008 HILLMAN PROPERTIES W 2011 PALOMAR AIRPORT RD 206 CARLSBAD CA 92009-1432 HlfSsMAN PROPERJiES W 2011 P^kQMAffAfRPORT RD 206 C AafcS6Am2A^92009-1432 W AIRPORT RD 206 92009-1432 HlCt^MAN PROPERTIES W 2011 Pfa&SgAR AIRPORT RD 206 C AJM^BADCTS, 92009-1432 ESW AIRPORT RD 206 9-1432 PAUL & CAROL VANVOOREN 5005 EL CAMINO REAL CARLSBAD CA 92008-3732 REAL A 92008-3732 MICHAEL & JOANN SHOOK 5031 EL CAMINO REAL CARLSBAD CA 92008-3732 THE SROUFE FAMILY 5035 EL CAMINO REAL CARLSBAD CA 92008-3732 GENERAL SECURITY COR POBOX 12 CARLSBAD CA 92018-0012 GENERAL S&iggKfTY COR PO BOXp^'^X^ CAftt^BADCA 92018^0012 GENERAISSECURI PO BOX _^_ "**"" 92848-0012 YCOR 92018-0012 GEN POB RITY COR LSBADC7S22018-0012 A notice has been mailed to all property owners/occupants listed herein. Date Signatu City of Carlsbad Planning Department November 18,1997 Clurman Company, Inc. 455 Linden Street Laguna Beach CA 92651 PLANNING COMMISSION NOTICE OF DECISION RECEIVED NOV 1 9 1997 ENGINEERING DEPARTMENT SUBJECT: CT 90-13x2 - RANCHO REAL At the Planning Commission meeting of November 5, 1997, your application was considered. The Commission voted 7-0 to APPROVE your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 438-1161. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH: CD:kq c: Mike Howes, Hofman Planning 2386 Faraday Avenue, Suite 120 Carlsbad CA 92008 Enclosed: Planning Commission Resolution No. 4191 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-0894 /*»»,. w City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 5, 1997, to consider a request for an extension of one year to allow for final map to be approved pending resolution of design issues with SDG&E, Water District, and City of Carlsbad on property generally located at south of El Camino Real, northwest of Hidden Valley Road and north of Agua Hedionda Creek in Local Facilities Management Zone 1 and more particularly described as: Being a portion of Lot I of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1986 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 29, 1997. If you have any questions, please call Gigi Johnsen in the Engineering Department at (760) 438-1161, extension 4511. The time within which you may judicially challenge this Tentative Tract Map Extension, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map Extension in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 90-13x2 CASE NAME: RANCHO REAL PUBLISH: OCTOBER 24, 1997 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 r LOCATION MAP NOT TO SCALE SITE PROJECT NAME FtANCHO REAL PROJECT NUMBER CT90-13 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CARLSBAD TRACT CT 90-13 ORDER NO.: 1188428-22 FEE: $-0- FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: CARLSBAD 35, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER HAWTHORNE FINANCIAL CORPORATION, A DELAWARE CORPORATION, AS TRUSTEE OF THE DEED OF TRUST RECORDED RECORDED SEPTEMBER 11, 1998 AS FILE NO. 1998-0578364 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IS CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: THE COUNTY OF SAN DIEGO, HOLDER OF AN EASEMENT RECORDED MARCH 10, 1936 IN BOOK 479, PAGE 341 AND MAY 27, 1936 IN BOOK 521, PAGE 230, BOTH OF OFFICIAL RECORDS. SAN DIEGO GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT RECORDED OCTOBER 20, 1948 IN BOOK 2988, PAGE 450; APRIL 22, 1953 IN BOOK 4830, PAGE 219 BOTH OF OFFICIAL RECORDS OF OFFICIAL RECORDS. EDWARD S. JONSON, BARBARA A. JONSON AND LELAH MAISH JONSON, HOLDER OF AN EASEMENT RECORDED DECEMBER 24, 1958 IN BOOK 7413, PAGES 207 AND 215 OF OFFICIAL RECORDS. DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, HOLDER OF AN EASEMENT RECORDED DECEMBER 28, 1998 AS FILE NO. 1998-0848018 OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: PARCEL 1: THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT " I" ; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF; NORTH 02°29'40" WEST, RECORD NORTH 3° WEST 21.84 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 682, DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS, BEING ALSO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND IN THE CENTER LINE OF SAID COUNTY ROAD AS FOLLOWS: NORTH 67°10'00" WEST 897.21 FEET AND NORTH 64°35'00" WEST 701.22 FEET TO A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, 319.27 FEET, THROUGH AN ANGLE OF 18°17'34" TO A POINT ON THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 3451, IN THE CITY OF CARSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 03°18'40" EAST 355.96 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET AL, RECORDED JULY 17, 1957 AS FILE NO. 106397, IN BOOK 667 PAGE 64 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 84°48'00" WEST 90.00 FEET TO A POINT ON THE EASTERLY LINE OF CARLSBAD TRACT NO. 73-45 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8033, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974; THENCE ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF, SOUTH 5°39'40" WEST 487.87 FEET; THENCE NORTH 86°22'33" EAST 334.12 FEET TO POINT "A"; THENCE SOUTH 3°02'12" EAST, 310.53 FEET; THENCE SOUTH 80°51'19" WEST 165.48 FEET; THENCE SOUTH 16°21'29" WEST 238.00 FEET; THENCE SOUTH 44°27'10" EAST, 15.20 FEET; THENCE NORTH 84°42'10" EAST, 409.59 FEET; THENCE NORTH 25°29'30" EAST 1088.70 FEET TO THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT BEING THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE, NORTH 64°35'00" WEST 189.21 FEET; THENCE LEAVING SAID CENTER LINE, SOUTH 21°54'00" WEST, 148.31 FEET TO A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE, 227.15 FEET, THROUGH AN ANGLE OF 86°46'00" TO POINT B; THENCE TANGENT TO SAID CURVE, NORTH 71°20' WEST 480.66 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNERS 1 AND 2 OF SAID LOT, NORTH 02°29'49" WEST - RECORD NORTH 3° WEST - 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD, NORTH 67° 10'00" WEST 897.21 FEET TO AN ANGLE POINT IN SAID ROAD; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64°35'00" WEST 701.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,000.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°17'34" FOR AN ARC LENGTH OF 319.27 FEET; THENCE LEAVING SAID COUNTY ROAD, SOUTH 3°18'40" EAST 355.96 FEET TO AN ANGLE POINT ON THE WESTERLY AND NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO J. BLAIR PACE AND WIFE, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 IN BOOK 7413, PAGE 212 OF OFFICIAL RECORDS; THENCE NORTH 84°48'00" WEST 90.00 FEET; THENCE SOUTH 5°39'40" WEST 487.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86°22'33" EAST 334.12 FEET; THENCE SOUTH 3°02'12" EAST 310.53 FEET; THENCE SOUTH 80°51'19" WEST 165.48 FEET; THENCE SOUTH 16°21'39" WEST 238.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PACE LAND; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY LINES OF SAID PACE LAND NORTH 44°27'09" WEST 224.84 FEET; THENCE NORTH 5°39'40" EAST 385.01 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNERS NO. 1 AND 2 OF SAID LOT, NORTH 02°29'40" WEST (RECORD NORTH 03°00'00" WEST) 21.54 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682 AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY; SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG SAID CENTER LINE OF ROAD, NORTH 67°10'00" WEST 897.21 FEET; NORTH 64°35'00" WEST 701.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1000.00 FEET; NORTHWESTERLY ALONG THE ARC OF SAID CURVE 29.00 FEET; THENCE LEAVING SAID CENTER LINE NORTH 74°11'00" WEST A CHORD DISTANCE OF 262.47 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE SOUTH 02°36'15" EAST 353.64 FEET; THENCE NORTH 88°59'15" WEST 90.00 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED JULY 17, 1957 AS DOCUMENT NO. 106397 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY SOUTH 10°00'00" WEST TO A POINT ON THE EASTERLY LINE OF CARLSBAD TRACT NO. 73-45, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8033, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974; AND CONTINUING ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 870.00 FEET, SOUTH 43°10'00" EAST 239.00 FEET; AND NORTH 85°45'00" EAST TO AN INTERSECTION WITH THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY BOUNDARY OF LAST SAID LAND NORTH 44°27'10" WEST TO AN ANGLE POINT AND NORTH 05°39'40" EAST TO THE NORTHERLY LINE OF FIRST SAID PACE LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 88°59'15" WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN PARCELS 1 AND 2 HEREINABOVE DESCRIBED. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 2 OF LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNERS NO. 1, AND NO. 2 OF SAID LOT, NORTH 2°29'40" WEST (RECORD NORTH 3° WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD NORTH 67°10' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64°35' WEST 701. 22 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE 319.27 FEET THROUGH AN ANGLE OF 18°17'34"; THENCE LEAVING SAID CENTER LINE SOUTH 3°18'40" EAST 355.96 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 71°20' EAST 480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86°46'; THENCE TANGENT TO SAID CURVE NORTH 21°54' EAST 148.31 FEET TO SAID CENTER LINE OF THE COUNTY ROAD, SAID 30.00 FOOT STRIP BEGINS IN A LINE WHICH BEARS SOUTH 3°18'40" EAST THROUGH THE TRUE POINT OF BEGINNING AND ENDS IN THE SOUTHWESTERLY LINE OF SAID COUNTY ROAD. EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY THAT PORTION THEREOF WHICH LIES WITHIN PARCEL 1 HEREIN DESCRIBED. DATED: FEBRUARY 2, 1999 FIRST AMERICAN TITLE INSURANCE COMPANY MARINE CARDIN-ALLEN - TITLE OFFICER DIRECT DIAL PHONE 231-4664 FAX NO. 231-4647 City of Carlsbad Planning Department NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: West side of El Camino Real between Kelly Drive and Hidden Valley Road PROJECT DESCRIPTION: Single Family Residential developed under the standards of a Planned Unit Development The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department at 438-1161, extension 4471. DATED: APRIL 25, 1991 _ MICHAEL J. FPbLZMtttER CASE NO: CT 90-13/HDP 90-19/ Planning Director PUD 90-16/SUP 90-7 APPLICANT: GREEN VALLEY PARTNERSHIP PUBLISH DATE: APRIL 25, 1991 EB:vd 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 00/26/98 0»:2U ®714 220584* f BANK OF AFRICA Board of Directors Adopted: June 23, Sank of America NTfcSA t*ast Amended: October 3, 1994 RESOLUTION AUTHORIZING CERTAIN OFFICERS TO EXECUTE AND DELIVER MORTGAGES, DEEDS OF TRUST, SECURITY jftGREEMBNTg AND SIMIIftH jgOCDMEMTS i. The Board of Directors of Bank of America NT&SA (Bank) authorizes any one of the officers listed in paragraph 2 below (Authorised Officers) to sign, execute and affix the name and seal of the BanJc to any instrument- document, writing, application, pleading, petition, notice, request, receipt. affidavit, verification or acknowledgement on behalf of the BanJc 3.3 owner, pledgee, holder of any security inreresc, or other capacity, and co deliver or cause che same no be recorded , and to perform such other acts as are specified below: (a) where the Bank is mortgagee or secured party under any aaortgage or security inrerear on real or personal property or both, or beneficiary or assignee of any beneficiary under any deed of trust, as th£. case may be: (i) any notice of breach and election to sell ,- lii) any notice of sale; (iii) any notice to any trustee to sell and to apply proceeds against any obligations secured; (iv) any request to any trustee for a full or partial reconveyance,- fv) any receipt far the proceeds of any sale under any such mortgage, deed of trust or securicy interest; (vi) any supplement, amendment, restatement or other modification of any such mortgage, deed of trust or security interest ; (vii) any other document or writing. in addition, the officer is authorized co do any act Che officer deems appropriate to protect che rights of th* Bank in any such morrgage or deed of trust or security interest and any property described cherein; - l • 124084/V-14O2) ^02.21.1996 (32) - f'lflR-2b-l999 1Q:£6 Exhibit I// Regions ^ Mortgage, Inc. SECRETARY'S CERTIFICATE TO CORPORATE RESOLUTION I, Janet W. Fleegal, Secretuy of Regions Mortgage, Inc. (the "Company") do hereby certify that at a meeting of the Board of Directors of die Company duly held on September 28, 1995, at which a quorum was present and acting throughout, the following Resolution was adopted and that it is now in full force and effect without amendment or modification. BE IT RESOLVED, THAT John A. HbUeman, Chairman and President, Janet W. Fleegal, Executive Vice President, Joe B. Wilson, Executive Vice President, A.H. Hethcox, Jr., Senior Vice President, and Victoria G. Williams, Comptroller, are given KfanlfTf authorization to f^ffrrtf any and all types of satisfactions of mortgages, deeds, and notes on behalf of the Corporation. BE IT FURTHER RESOLVED, THAT the Investor Accounting Manager and Officer, Acquisitions Officer, Cash Flow Manager, Foreclosure Officer, and any Vice President or above involved in Servicing Adnuaistradon, ace hereby authorized to execute satisfactions of mortgages and deeds conveying real property. BE IT FURTHER RESOLVED, THAT any of the officers specified above are authorized to attest the execution of any said documents above. BE IT FURTHER RESOLVED, THAT this Board does hereby ratify and approve an deeds and satisfactions of mortgages previously executed by any Senior Vice President, any Vice President, or any aforementioned offirar on behalf of the Corporation. Hi WITNESS WHEREOF, the undersigned Secretary of Regions Mortgage, Inc. has set her hand on this —Mj~ day of October, 1995. ( Seal ) foot Oflkc Box 669 MoMjo^>nr.AbKtm» 1*101-06*9 feiephni* »i+ l23-ifO\ TOTftL P.02 _ v . a a i ft i « o . „ .> i- .AA IKJ u u o "03/28/99 08:47 »714 2205848 BANK OF AMERICA g|00l (b) any designation, appointment or substitution of trustee under any deed of truer wherein the Sank is beneficiary or assignee of any beneficiary- In addition, ehe officer is authorized to do any act the officer deems appropriate to effect any substitution of any trustee under any such dead of trust; (c) any release, full or partial, or satisfaction df any mortgage or other li«n held by the Bank pertaining to r«al property or any security interest .or other.lien held by the Bank pertaining co personal property, or both; (d) any assignment or reassignment of any mortgage, deed of trust, contract of sale, security interest in real or personal property, bond, certificate of stock, judgment, commissioner's certificate of sale, agreement, document, instrument or obligation held by the Bank as security for thepayment or performance of any obligation to che Bank; (e) any application, petition, pleading, notice, affidavit, verification, acknowledgement, document or other writing in any action, proceeding or hearing wherein Che Bank i3 a party, and any other affidavit, verification, acknowledgement or other writing chat the officer deems appropriate in the transaction of the Bank's business, including the performance of any of its trust functions. 2. The following are Authorized Officers for purposes of paragraph 1 of this resolution: che Chairman of the Board the president any vice Chairman of the Board any Vice Chairman the Chief Financial Officer- any Group Executive vice President any Executive Vice President any Senior Vice President any Managing Director any Vice President any Assistant Vice President any Senior Authorized Officer any Assistant Cashier - 2 - 124084/v-14(33);02.21.1996 (33) 03/26/99 08:20 &714 220 584* BANE OF AMERICA i)0t)2 the Secretary any Assistant Secretary any Authorized Officer * * Non-officer employee who has been granted the tide by his or her unit manager for purposes of acting pursuant co this resolution. 3. In tire execution for the aank in any capacity of any- contraet,1 instrument, document, agreement or other writing, ir. shall not tofr necessary to affix ehe seal of the Bank and such execution shall have the sane force and effect as if such seal had been affixed. 4. The validity of any contract/ instrument, document, or other writing executed by an officer of the Bank and delivered by or on behalf of an officer of the Bank in accordance with this resolution shall not be affected by th« failure, at the time of delivery, of the officer who executed the document to hold the office held at the time of execution. 5. The foregoing resolution supersedes the resolution adopted by this Board of Directors on August 1, 1988, naming the officers of this Banic authorised to act pursuant to th« authority above set forth. I, Chervl Sorokin . Secretary of Bank of America National Trust and Savings Association, a national banking association existing under che laws of the nnited states of America, having its principal place of business in the City and County of San Francisco in the scat* of California, certify that the foregoing is a correct copy of a. resolution as adopted and amended by the Board o£ Directors at meetings held on June 23, 1992 and October l, 1994. This resolution, as amended, is still in effect. Dated; March 4. 1996 BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION - 3 - 124084/V-14. (34) 7 02 .21.1396 (34) 03/06/01 TUB 12:09 FAX g]002 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF PINNACLE COMMUNITIES, INC. a California corporation The undersigned, being the members of the Board of Directors of Pinnacle Communities, Inc., a California corporation (the "Corporation"), the Articles of Incorporation of which were filed in the office of the Secretary of State of the State of California on May 18. 1998, hereby take the following action and adopt the following recitals and resolutions in furtherance of the organization of the Corporation: AGENT FOR SERVICE OF PROCESS RESOLVED, that the initial agent for service of process named in the Articles of Incorporation of the Corporation, is hereby confirmed as the Corporation's agent for the purpose of service of process. PRINCIPAL EXECUTIVE OFFICE RESOLVED, that the principal executive office of the Corporation shall be 3002 Dow Avenue, Suite 122, Tustin, CA 92780. The Board of Directors shall have full power and authority to, and to authorize appropriate officers of the Corporation to, change the location of said principal executive office and to establish other o£f$ces of the Corporation. BYLAWS WHEREAS, there has been presented to the Directors of the Corporation me form of Bylaws adopted by the Incorporator; and NOW, THEREFORE, BE IT RESOLVED, that Bylaws in the form adopted by the Incorporator are adopted and approved by the Board of Directors as the Bylaws of the Corporation until amended or repealed in accordance with applicable law. RESOLVED, FURTHER, that the Secretary of the Corporation is authorized and directed to execute a certificate of the adoption of said Bylaws and to enter said Bylaws as so certified in the Minute Book of the Corporation, and to see that a copy of said Bylaws is kept at the principal executive or business office hi California in accordance with Section 213 of the California General Corporation Law. 06-17-98 7067-1 S:\118\9806001S.RES 03/06/01 TUB 12:10 FAX @003 BOARD OF DIRECTORS RESOLVED, that pursuant to the Bylaws of the Corporation, the number of directors to serve on the Board of Directors is hereby set at three (3) until changed by an amendment to the Bylaws or by a resolution of the Board of Directors. APPOINTMENT OF OFFICERS RESOLVED, that the following persons are hereby appointed to the office indicated opposite their names: Title Name President Kent Grover Vice President David Kinnett Executive Vice President Damn Campbell Chief Financial Officer Kent Grover Secretary Damn Campbell BANK RESOLUTIONS RESOLVED, that the President and the Chief Financial Officer of the Corporation, acting together or alone, are hereby authorized: (a) To designate one or more banks, trust companies, or other similar institutions as depositories of the funds, including, without limitation, cash and cash equivalents, of the Corporation; (b) To open, keep, and close general and special bank accounts, including general deposit accounts, payroll accounts and working fund accounts with such bank; (c) To cause to be deposited in such accounts from time to time, such funds, including, without limitation, cash and cash equivalents, of the Corporation as such officer deems necessary or advisable and to designate or change the designation of the officer or officers and agent or agents of the Corporation who will be authorized to make such deposits and to endorse checks, drafts, or other instruments for such deposit; 06-17-98 7067-1 S:\118\9806001S.RES 03/06/01 TUB 12:10 FAX i]004 (d) From time to time to designate or change the designation of the officer or officers and agent or agents of the Corporation who will be authorized to sign or countersign checks, drafts, or other orders for the payment of money issued in the name of the Corporation against any funds deposited in any of such accounts, and to revoke any such designation; (e) To authorize the use of facsimile signatures for the signing or countersigning of checks, drafts, or other orders for the payment of money, and to enter into such agreements as such bank customarily requires as a condition for permitting the use of facsimile signatures; (f) To make such general and special rules and regulations with respect to such accounts as they may deem necessary or advisable; and (g) To complete, execute, and/or certify any customary printed blank signature card forms in order to conveniently exercise the authority granted by the resolution, and any resolutions printed thereon shall be deemed adopted as a part hereof. RESOLVED, FURTHER, that all form resolutions required by any such depository are hereby adopted in such form utilized by the depository, and the Secretary of the Corporation is hereby authorized to certify such resolutions as having been adopted hereby and is directed to insert the form of such resolutions in the Minute Book. RESOLVED, FURTHER, that any such depository to which a copy certified by the Secretary of the Corporation shall have been delivered shall be entitled to rely thereon for all purposes until it shall have received written notice of the revocation or amendment of these resolutions by the board of directors of the Corporation. PAYMENT OF EXPENSES RESOLVED, that each of the officers of the Corporation are authorized and directed to cause the Corporation to pay the expenses of its incorporation and organization. ADOPTION OF A FISCAL YEAR RESOLVED, that the fiscal year of the Corporation shall end on December 31. ADOPTION OF STOCK CERTIFICATE RESOLVED, that the form of stock certificate presented to the Directors is approved and adopted as the stock certificate of the Corporation. 06-17-98 7067-1 S:\118\98060018.ftES 03/06/01 TUB 12:10 FAX @005 RESOLVED, FURTHER, that the Secretary of the Corporation is instructed to insert a sample copy of such stock certificate in the Minute Book immediately following this Action. ISSUANCE OF STOCK. RESOLVED, that it is deemed to be in the best interests of the Corporation to issue to the following persons for the consideration specified below the number of shares of the Corporation's capital stock set forth opposite each person's name: Name Kent Grover Darrin Campbell David Kinnett 450 450 100 Consideration $2,250.00 2,250.00 500.00 RESOLVED, FURTHER, that each of the officers of the Corporation is authorized and directed to prepare and file, or cause to be prepared and filed, all applicable notices or other governmental filings and to take all actions that may be necessary or appropriate in order to comply with the Securities Act of 1933 and all state securities laws and regulations applicable to the Corporation's issuance of stock. RESOLVED, FURTHER, that the shares of capital stock issued and sold by the Corporation pursuant to the foregoing resolutions, when the consideration therefor shall have been received by the Corporation shall be duly and validly issued, fully paid, and non- assessable shares and that the consideration received therefor shall be credited to appropriate capital accounts of the Corporation. CORPORATE SEAL RESOLVED, that a corporate seal is adopted as the seal of the Corporation in the form of two concentric circles and shall bear the name of the Corporation and words and figures showing that the Corporation was incorporated in the State of California and the year of incorporation. 06-17-98 7067-1 S:\118\98060018.RES 03/06/01 TUE 12:11 FAX ®006 FILINGS RESOLVED, that each of the officers of the Corporation is authorized and directed to make such filings and applications, including, without limitation, the statement required by Section 1502 of the California General Corporation Law, to execute and deliver such documents and instruments and to do such acts and things as such officer deems necessary in order to obtain such licenses, authorizations, and permits as are necessary or desirable for the Corporation's business, to fulfill such legal requirements as are applicable to the Corporation or its business or to complete the organization of the Corporation. STATE QUALIFICATIONS RESOLVED, that each of the officers of the Corporation is authorized, empowered and directed to make or cause to be made filings and applications necessary to qualify the Corporation to do business as a foreign corporation in all states as such officers may from time to time consider necessary or appropriate to carry out the business of the Corporation. ELECTION OF SUBCHAPTER S WHEREAS, the Corporation comes within the definition of a "small business corporation" contained in Section 1361(b) of the Internal Revenue Code (the "Code") in that it is not a member of an affiliated group, it does not have more than 35 shareholders, it is not a member of an affiliated group, it has no shareholders who are not individuals, it has no shareholders who are nonresident aliens, and it has only one class of stock. NOW, THEREFORE, BE IT RESOLVED, that the Corporation elects, subject to the unanimous consent of all shareholders, to be an "S corporation" for federal income tax purposes as provided in Code Section 1362(a). This election is made for the taxable year beginning January 1, 1998 and for each succeeding calendar year until mis election is revoked. RESOLVED, FURTHER, that an officer of the Corporation is empowered and directed in the name of and on behalf of the Corporation to make the election required by Code Section 1362 and to take such other action as may be necessary to subject die Corporation to treatment as an "S corporation" for federal and California income tax purposes, as of the beginning of the first taxable year of its existence. 06-17-98 7067-1 S:\118\7806001S.RES 03/06/01 TUE 12:11 FAX ®007 AMENDMENT OF ARTICLES OF INCORPORATION WHEREAS, it is in the best interests of the Corporation to amend its Articles of Incorporation in order to more fully comply with the provisions of Section 317 of the California General Corporation Law regarding indemnification and liability of officers and directors. NOW, THEREFORE, BE IT RESOLVED, that the Corporation's Articles of Incorporation be amended to add the following provisions: The liability of the directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. VI The Corporation is authorized to provide by bylaw, agreement, or otherwise indemnification of directors, officers, and other agents (as defined in Section 317 of the California Corporations Code) of the Corporation in excess of the indemnification otherwise permitted by Section 317 of the California Corporations Code for breach of duty to the Corporation and its stockholders; provided, however, that no director, officer, or other agent may be indemnified for any acts or omissions or transactions from which a director of the Corporation may not be relieved of liability as set forth in Section 204(aX10) of the California Corporations Code or as to circumstances in which indemnity is expressly prohibited by Section 317 of the California Corporations Code. GENERAL AUTHORIZING RESOLUTION RESOLVED FURTHER, that each of the officers of the Corporation is authorized, directed, and empowered on behalf of the Corporation and in its name to make such filings and applications, to execute and deliver such agreements, certificates, or other instruments or documents or amendments or supplements thereto, and to do or cause to be done any and all acts and things as such officers may in their discretion deem necessary or appropriate to obtain such licenses, authorizations, and permits as are necessary or desirable to conduct the Corporation's business; to complete the organization of the Corporation; and to carry out the purposes of the foregoing resolutions, the taking of any such actions and execution of any such items to be conclusive evidence of the authority and approval set forth herein. 06-17-98 7067-1 S:\118\98060018.RES 03/06/01 TUB 12:12 FAX lg|008 IN WITNESS WHEREOF, the undersigned have executed this Action effective as of May 18, 1998. Kent Grover Damn Campbell 06-17-98 7067-1S:\118\98060018.RES i]00903/06/01 TUB 12:12 FAX AMENDED AND RESTATED OPERATING AGREEMENT OF CARLSBAD 35, LLC This Amended and Restated Operating Agreement (the "Agreement"), is made and entered into as of September , 1998, by and between PINNACLE COMMUNITIES, INC., a California corporation ("PCI"), as a "Member" and "Manager", and BOSUNG CAPITAL, CARLSBAD, a California corporation, as a Member ("BC"). RECITAL A. On July 13, 1998, Articles of Organization for Carlsbad 35, LLC, a limited liability company under the laws of the State of California (the "Company"! were filed with the California Secretary of State. B. The Company was formed for the purpose of acquiring certain real property located in the Carlsbad, California area (the "Property"). The Company intends to develop, construct, and sell single family residential homes on the Property. The Property is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. C. On August 31, 1998, PCI and Bosung Corp., an affiliate of BC, entered into an operating agreement for the Company (the "Original Operating Agreement"). D. The parties now desire to adopt and approve an amended and restated operating agreement for the Company. NOW THEREFORE, for good and valuable consideration, the parties hereby agree that the Original Operating Agreement hereby is superseded in its entirety, and replaced with this Agreement, as follows: ARTICLE L DEFINITIONS When used in this Agreement, the following terms shall have the meanings set forth below: 1.1 "Act" shall mean the Beverly-Killea Limited Liability Company Act, codified in the California Corporations Code, Section 17000, et seq.. as the same may be amended from time to time GJKARNS/31871/733740vlO -1- 0101003/06/01 TUB 12:12 FAX ™ 1.2 "Adjusted Capital Contribution" shall mean, with respect to each Member, the Capital Contributions of such Member less any distributions to such Member in repayment of such Member's Capital Contributions pursuant to Article IX. 1.3 "Affiliate" shall mean, when used with reference to a specified Person, (a) any Person who directly or indirectly controls, is controlled by or is under common control with the specified Person, (b) any Person who is an officer, director, partner or trustee of, or serves in a similar capacity with respect to, any such Person, or for which any such Person is an officer, partner or trustee or serves in a similar capacity, (c) any Person who, directly or indirectly, is the beneficial owner of 20% or more of any class of equity securities of the specified Person, or of which the specified Person, directly or indirectly, is the owner of 20% or more of any class of equity securities, and (d) any relative of the specified Person or trust for the benefit of such relative. 1.4 "Agreement" shall mean this amended and restated Operating Agreement, as originally executed and as amended from time to time. 1.5 "Approved Proforma" means the proforma budget and development plan and other ancillary information attached as Exhibit "B". It is contemplated by the Members that the Approved Proforma may be amended from time to time by the mutual agreement of the Members and as otherwise provided herein. The Approved Proforma constitutes the overall plan and budget for the planning, development, construction, financing, management, operation, and sale of the Project, and includes, without limitation, a projection of revenues for the period commencing from the date of this Agreement and ending with the sale of the last residence constructed at the Project, and further includes a projection of all Project expenditures, including without limitation construction costs, financing costs, and marketing costs, all of which shall be set forth in detail with each category of expense listed as a separate line item. 1.6 " Articles" shall mean the Articles of Organization for the Company originally filed with the California Secretary of State, as the same may be amended from time to time. 1.7 "Available Cash" shall mean all cash of the Company on hand and in financial institutions or depositories and cash equivalents, on the date of any proposed distribution, after payment or provision for payment of all debts and liabilities of the Company then due (including without limitation debts and liabilities to Members who are creditors of the Company and payments then due under the Construction Financing or other loans to the Company), provision for reasonable working capital reserves and payment or provision for payment of operating expenditures, including without limitation the Overhead Fee and the Management Fee and any expenditures which the Company is obligated to make in order to comply with any of the agreements or laws, all as reasonably determined by the Members. 1.8 "Capital Contribution" shall mean the total of cash contributed to the Company by Members. 1.9 "Capital Account" shall mean a capital account established for each Member to which such Member's respective Capital Contributions shall from time to time be credited, which GJKARNS/31871/73374IMO -2- 10T21/98 03/06/01 TUB 12:13 FAX shall be maintained in accordance with the provisions of Section 704(b) of the Code and the Treasury Regulations promulgated thereafter. 1.10 "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, the provisions of any succeeding law, and to the extent applicable, the Regulations. 1.11 "Company" shall mean Carlsbad 35, LLC, a California limited liability company. 1.12 "Corporations Code" shall mean the California Corporations Code, as amended from time to time, and the provisions of succeeding law. 1.13 "Fiscal Year" shall i ar, which shall be the calendar year. 1.14 "Major Decision" st 7 to it in Paragraph 5.2. 1.15 "Majority Interest , / ) holding a majority of the Percentage Interests, 1.16 "Manager" shall mean one or more managers of the Company. Specifically, "Manager" shall mean PCI or any other person(s) that succeed it in that capacity. 1.17 "Member(sV shall mean BC and PCI, and any other person or entity admitted to the Company as a Member pursuant to this Agreement. 1.18 "Membership Interest" shall mean a Member's entire right, title and interest in and to the Company, the Property and the profits, losses, capital and distributions of the Company, the right to vote on or participate in the management and the right to receive information concerning the business and affairs, of the Company. 1.19 "Net Profits" and "Net Losses" shall mean the taxable income or loss, as the case may be, for a period (or from a transaction) as determined in accordance with Code Section 703(a) (for this purpose, all items of income, gain, loss, or deduction required to be separately stated pursuant to Code Section 703(a)(l) shall be included in taxable income or loss). 1.20 "Percentage Interest" Initially, the Percentage Interests shall be forty-five percent (45%) with respect to BC and fifty-five percent (55%) with respect to PCI. 1.21 "Person" shall mean an individual, general partnership, limited partnership, limited liability company, corporation, trust, estate, real estate investment trust association or any other entity. 1.22 "Priority Yield" shall mean (i) for BC, an annual yield on BC's Adjusted Capital Contributions (which shall compound on the anniversary of the date each capital contribution is made by BC) which shall be equal to the Bank of America Prime Rate plus three percent (3%) until the commencement of construction of model homes at the Property, and thereafter shall be equal to ten percent (10%); (ii) for PCI, an annual yield on PCI's Adjusted Capital Contributions GJKARNS/31871/733740vlO -3- 1012 03/06/01 TUB 12:13 FAX (which shall compound on the anniversary of the date each capital contribution is made by PCI) equal to ten percent (10%). 1.23 "Purchase Agreement" shall mean that certain Agreement of Sale and Escrow Instructions between PCI and Athalon Property Services Group, Inc., dated July 24, 1998 for the purchase of the Property. 1.24 "Regulations" shall, unless the context clearly indicates otherwise, mean the regulations currently in force as final or temporary that have been issued by the U.S. Department of Treasury pursuant to its authority under the Code. ARTICLE IL ORGANIZATIONAL MATTERS 2.1 Amendment and Restatement of Original Operating Agreement. The Original Operating Agreement hereby is superseded, amended and restated in its entirety, and replaced with this Agreement. 2.2 Formation. Pursuant to the Act, the Company has been formed as a California limited liability company under the laws of the State of California by filing the Articles with the California Secretary of State. The rights and liabilities of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. 2.3 Name. The name of the Company shall be "Carlsbad 35, LLC". The business of the Company may be conducted under that name or, upon compliance with applicable laws, any other name that Members deem appropriate or advisable. The Manager shall file any fictitious name certificates and similar filings, and any amendments thereto, that are required by applicable laws. 2.4 Term. The Company commenced on the date the Articles were filed with the California Secretary of State and shall continue until December 31, 2020, unless extended by unanimous agreement of the Members, or sooner terminated as hereinafter provided. 2.5 Purpose of Company. The Company is formed to acquire, own, improve, develop, construct, market and sell single-family residences on the Property (the "Improvements": the Improvements and the Property are sometimes hereinafter collectively referred to as the "Project"). The development of the Property shall proceed in accordance with the Approved Proforma. The Company also shall perform all acts necessary or appropriate in connection with or related to the foregoing purposes of the Company. 2.6 Office and Agent. The Company shall continuously maintain an office and registered agent in the State of California as required by the Act. The principal office of the Company shall be as the Members may determine. The Company also may have such offices, GJKARNS/31871/733740vlO -4- E101303/06/01 TUB 12:14 FAX anywhere within and without the State of California, as the business of the Company may require. The registered agent shall be as stated in the Articles. ARTICLE ffl. CAPITAL CONTRIBUTIONS 3.1 BC Initial Capital Contributions. BC shall make an initial cash capital contribution to the Company in the amount of One Million Four Hundred Thousand Dollars ($1,482,000). Such contribution shall be deposited with First American Title Company, the escrow holder under the Purchase Agreement (the "Escrow Holder"'), and used by the Company to acquire the Property in accordance with the Purchase Agreement. (a) PCI shall cause all of its right, title and interest in and to the Purchase Agreement and all other rights relating to the Property to be assigned to the Company, and the seller thereunder and any other parties whose consent is required shall have consented to such assignment without the imposition of any additional obligations on the Company other than as set forth in the Purchase Agreement. (b) PCI shall make an initial cash capital contribution to the Company in the amount of Seventy-Eight Thousand Dollars ($78,000). Such contribution shall be deposited with the Escrow Holder, and used by the Company to acquire the Property in accordance with the Purchase Agreement. Thereafter, PCI shall be responsible for any additional cash needs of the Company. ARTICLE IV. MEMBERS 4.1 Limited Liability. No Member shall be personally liable for any debt, obligation, or liability of the Company, whether that liability or obligation arises in contract, tort, or otherwise. 4.2 Admission of Additional Members. No additional Members shall be admitted to the Company unless approved by all of the Members. 4.3 Withdrawals or Resignations. No Member may withdraw or resign from the Company without the prior written approval of all other Members. 4.4 Remuneration To Members. Except as otherwise authorized in, or pursuant to, this Agreement and the Approved Proforma, no Member is entitled to remuneration for acting in the Company business. 4.5 Members Are Not Agents. Pursuant to Article V. the day-to-day management of the Company is vested in the Manager. No Member, acting solely in the capacity of a Member (i.e., as opposed to acting in its capacity as a Manager), is an agent of the Company, nor can any Member in such capacity bind, or execute any instrument on behalf of, the Company. OJKARNS/31871/733740vlO -5- 0101403/06/01 TUB 12:14 FAX ** 4.6 Voting Rights. The Members shall have the voting, approval or consent rights provided in this Agreement. 4.7 Meetings of the Members. Meetings of representatives of each Member shall be held at the request of either Member at such time and at such place as the Members shall determine, but not less often than twice per month (each, a "Meeting"). Meetings may be held telephonically. ARTICLE V. MANAGEMENT AND OPERATION. 5.1 Manager. Subject to the restrictions set forth in this Agreement, the Manager shall use its commercially diligent efforts to manage and administer the day-to-day business and affairs of the Company and to implement the Approved Proforma. PCI shall be the Manager of the Company unless and until it is removed pursuant to Paragraph 5.6(c). The Manager shall at all times perform its duties and responsibilities in compliance with all laws, the Approved Proforma, and this Agreement, and in an efficient, thorough, businesslike manner, devoting such time, efforts and managerial resources to the business of the Company as is necessary for the efficient operation of the day-to-day business and affairs of the Company, and performing such other acts as the Members shall reasonably request. The Manager shall not retire, resign, dissolve, withdraw or cause or suffer any event which terminates the continued status of the Manager as a Member or as a Manager hereunder without the prior written consent of the other Members. Subject to and without limiting the application of any other provision of this Agreement, the Manager shall use its commercially diligent efforts to faithfully discharge or cause to be discharged the duties and obligations set forth in this Agreement. In addition, the Manager shall have the following specific duties, rights and obligations: (a) Manage the development of the Project to the customary standards in the industry, and be responsible for coordinating, supervising, inspecting and expediting the development and construction of the Project and the completion of such development and construction in accordance with the Approved Proforma and this Agreement. Subject to the approval of BC, the Manager may delegate its development and construction duties to an Affiliate of Manger (the "Developer") pursuant to a separate Development Agreement with the Company, the terms and conditions of which shall be subject to the approval of BC. (b) Update the Approved Proforma at such times as required, subject to BC's approval; (c) Notify BC of such matters and render such reports to BC as from time to time BC may reasonably request, including without limitation keeping BC informed of material information relating to the Project by (1) notifying BC in advance of public hearings and other proceedings relating to entitlement and permits for the Project, (2) notifying BC of the commencement of any material on-site or off-site improvement to the Property, (3) notifying BC of regularly scheduled, periodic status meetings and any meetings out of the ordinary course with contractors and other third parties, (4) immediately notifying BC, and promptly delivering to BC written copies, of any offers to purchase or otherwise acquire any Improvements, and of any GJKARNS/31871/733740vlO -6-