HomeMy WebLinkAboutCT 90-15-04; AVIARA PA 24 UNIT 4; Engineering Application.... _-------------------------_ ...... """""---------
STEWART'TITLE
GUARANTY COl\lPANY
Subdivision Guarantee
Issued for the benefit and protection of the County of
within which said subdivision is located.
SAN DIEGO
No. 10-110123
Fee: $1,000.00
Subdivision ;Map of AV!ARA
Tract No. 24-UNIT #4/90-15
Consisting of 5 Sheet (s)
and of any City
After an examination of the Public Records which, under the recording laws, impart constructive notice of matters
affecting the title to the land hereinafter describeq,
STEWART TITLE
GUARANTY COMPANY
a corporation, of Galveston, Texas,
hereby guarantees, for the benefit of said county and city. Ina sum not to exceed $1,000.00, that as shown by
said records the only parties having any record title, interest in said land, and whose signatures are necessary, under
the requirements of the Subdivision Map Act, on the certificates consenting to the recordation, of the Subdivision
Map of said land and offering for dedication any streets, roads, avenues and oilier easements offered for dedication
by said Subdivision Map are:
SEE ATTACHED
The Tract hereinbefore referred to is a subdivision oflands described as:
SEE ATTACHED
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused it corporate name and seal to be affixed .
. II , ,
2768 SG
STEWART TITLE
~
1f'~'~~
President
~~.
C T QO-15-tf ' -r rrL.e let-P-ojf. -r .
• -.
10-110123
Lt:GAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27, 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 MAP NO. 10774, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS
FILE NO. 86-494180 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 27 AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774, DISTANT THEREON
SOUTH 86·58'35" EAST (RECORD SOUTH 86·58'38" EAST) 1145.95 FEET
FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 3'°01'19" WEST
134.97 FEET; THENCE SOUTH 47°15'10" WEST 139.09 FEET TO THE
BEGINNING OF A NON-TANGENT 48.00 FOOT RADIUS CURVE WESTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 89·45'46" EAST; THENCE
SOUTHERLY ALONG SAID CURVE 10.19 FEET THROUGH A CENTRAL ANGLE OF
12°09'27" TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH
78°04'47" EAST; THENCE NON-TANGENT TO SAID CURVE SOUTH 51°18'50"
EAST 84.45 FEET; THENCE SOUTH 25°52'32" EAST 71.28 FEET; THENCE
SOUTH 64°07'28" WEST 202.00 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE 205.82 FEET THROUGH A CENTRAL
ANGLE OF 23°35'07"; THENCE RADIAL TO SAID CURVE SOUTH 49°27'.39"
EAST 6-0.00 FEET; THENCE SOUTH 40· 32' 21" WEST 102.00 FEET TO THE
BEGINNING OF A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE 235.38 FEET
THROUGH A CENTRAL ANGLE OF 35.57'47"; THENCE TANGENT TO SAID
CURVE SOUTH 76°30'08" WEST 72.64 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96·53'20" TOA POINT OF
CUSP WITH A 799.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 69.36 1 48" WEST, SAID POINT
ALSO BEING ON THE NORTHEASTERLY LINE OF THAT CERTAIN EASEMENT
DEED TO THE CITY OF CARLSBAD, RECORDED JUNE 29, 1989 AS FILE NO.
89-345765 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY
LINE AND SAID 799.00 FOOT RADIUS CURVE, 92.94 FEET THROUGH A
CENTRAL ANGLE OF 6.39 1 52"; THENCE TANGENT TO SAID CURVE NORTH
13.43'20" WEST, 338.79 FEET; THENCE NORTH 14°43'00" WEST 355.88
FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY, NORTHERLY AND
-1-
• "-
10-110"123
NORTHEASTERLY ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL
ANGLE OF 87°30'00"; THENCE RADIAL TO SAID CURVE NORTH 17°13'00"
WEST 51.00 FEET; THENCE SOUTH 72°47'00" WEST 2.76 FEET; THENCE
NORTH 17°13"'00" WEST 51.00 FEET; THENCE LEAVING SAID
NORTHEASTERLY LINE NORTH 72·47'00" EAST 40.48 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE
SOUTH 86·58'35" EAST (RECORD SOUTH 86!58 1 38" EAST) 839.74 FEET
TO THE POINT OF BEGINNING.
-2-
ORDER NO. 10-110123 •
OWNER:
AS OF THE DATE HEREOF, THE PARTY WHOSE SIGNATURE WILL BE
NECESSARY UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT,
ON THE C~RTIFICATE CONSENTING TO THE RECORDATION OF THE
FINAL MAP OF PARCEL MAP OF SAID LAND AND OFFERING FOR
DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS
OFFERED BY SUCH MAP ARE:
AVIARA LAND ASSOCIATES, RIM LAND ASSOCIATES LIMITED P~RTNERSHIP
A DELAWARE LIMITED PARTNERSHIP
EASEMENTS:
THE SIGNATURE OF THE PARTY NAMED HEREINAFTER AS OWNER OF THE
INTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS OF
SECTION 66436, SUBSECTION (a) (3) (A) (1) OF THE SUBDIVISION
MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A
FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY.
OWNER:
RECORDED:
DANIELS CABLEVISION, INC., A PELAWARE CORP
JUNE I, 1990 AS FILE NO. 90-298175 AND
AMENDMENT RECORDED APRIL 15, 1991 AS
91-168678 OF OFFICIAL RECORDS
• ".
OWNER:
AS OF THE DATE HEREOF, THE PARTY WHOSE SIGNATURE WILL BE
NECESSARY UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT,
ON THE CERTIFICATE CONSENTING TO THE RECORDATION OF THE
FINAL MAP OF PARCEL MAP OF SAIP LAND AND OFFERING FOR
DEDICATION ANY STREETS, ROADS, AVENUE;S AND OTHER EASEMENTS
OFFERED BY SUCH MAP ARE:
AVIARA LAND ASSOCIATES, RIM LAND ASSOCIATES LIMITED PARTNERSHIP
A DELAWARE LIMITED PARTNERSHIP
EASEMENTS:
THE SIGNATURE OF THE PARTY NAMED HEREINAFTER AS OWNER OF THE
INTEREST SET FORTH, MAY BE OMITTEP UNDER THE PROVISIONS OF
SECTION 66436, SUBSECTION (a) (3) (A) (1) OF THE SUBDIVISION
MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A
FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY.
OWNER:
RECORDED: I NONE * AS FILE NO. *
THE SIGNATURE OF THE PARTY NAMED HEREINAFTER AS OWNER OF
THE INTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS
OF SECTION 66436, SUBSECTION (a) (3) (A) (1) OF THE
SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT
RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED
BY THE LOCAL AGENCY.
OWNER:
RECORDED: I : AS FILE NO. *
THE SIGNATURE OF THE PARTY NAMED HEREINAFTER AS OWNER OF THE
INTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS OF
SECTION 66436, SUBSECTION (a) (3) (A) (1) OF THE SUBDIVISION
MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A
FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED B'Y THE LOCAL AGENCY.
I : AS FILE NO. * OWNER:
RECORDED:
TRUST DEEDS:
THE SIGNATURE OF ONE OF THE PARTIES NAMED BELOW WILL BE REQUIRED
AS TRUSTEE OR BENEFICIARY UNDER DEED OF TRUST.
RECORDED:
TRUSTEE:
BENEFICIARY:
DECEMBER 23, 1988 AS FILE NO. 88-661636
FIRST INTERSTATE BANK OF CALIFORNlA, A CALIFORNIA
CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
AUGUST 27, 1992
°e
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-1.60'0
(619) 436-3002 (619) 743-3821
FIRST SUPERSEDING
PRELIMINARY TITLE REPORT . .
P & D TECHNOLOGIES YOUR NO.
OUR NO.
LOAN REF:
P.A. 24/UNIT 4
10-110123 401 WEST IIA" STREET, STE. 2500
SAN DIEGO, CALIFORNIA
ATTENTION: DAVE AMBLER
AVIARA LAND ASSOC ..
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE
ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN
'SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY
FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF AUGUST 24, 1992 AT 7:30~ ",
--
10-110123
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE: INSt)RANCE POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE: LIMITED
PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
)
1
)
)
10-110123
"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DE.SCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY or SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
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 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 27 AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774, DISTANT THEREON
SOUTH 86°58'35" EAST (RECORD SOUTH 86°58'38" EAST) 1145095 FEET
FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 3°01'19" WEST
134.97 FEET; THENCE SOUTH 47°15'10" WEST 139.09 FEET TO THE
BEGINNING OF A NON-TANGENT 48.00 FOOT RADIUS CURVE WESTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 89°45'46" EAST; THENCE
SOUTHERLY ALONG SAID CURVE 10.19 FEET THROUGH A CENTRAL ANGLE OF
12°09'27" TO A POINT, A RADIAL LINE TO SAID POIN'r BEARS SOUTa
78°04 1 47" EAST; THENCE NON-TANGENT TO SAID CURVE SOUTH 51°18'50"
EAST 84.45 FEET; THENCE SOUTH 25°52'32" EAST 71.28 FEET; THENCE
SOUTH 64°07'28" WEST 202.00 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE 205.82 FEET THROUGH A CENTRAL
ANGLE OF 23°35'07"; THENCE RADIAL TO SAID CURVE SOUTH 49°27'39"
EAST 60.00 FEET; THENCE SOUTH 40·32'21" WEST 102.00 FEET TO THE
BEGINNING OF A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE 235.38 FEET
THROUGH A CENTRAL ANGLE OF 35°57'47"; THENCE TANGENT TO SAID
CURVE SOUTH 76 8 30'08" WEST 72.64 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96·53'20" TO A POINT OF
CUSP WITH A 799.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY., A
RADIAL LINE TO SAID POINT BEARS SOUTH 69·36'48" WEST, SAID POINT
ALSO BEING ON THE NORTHEASTERLY LINE OF THAT CERTAIN EASEMENT
DEED TO THE CITY OF CARLSBAD, RECORDED JUNE 29, 1989 AS FILE NO.
89-345765 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY
LINE AND SAID 799.00 FOOT RADIUS CURVE, 92.94 FEET THROUGH A
CENTRAL ANGLE OF 6 8 39 1 52"; THENCE TANGENT TO SAID CURVE NORTH
13°43'20" WEST, 338.79 FEET; THENC~ NORTH 14°43'00" WEST 355.88
FEE'll TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY, NORTHERLY AND
-1-
10-110123
NORTHEASTERLY ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL
ANGLE OF 87°30'00"; THENCE RADIAL TO SAID CURVE NORTH 17°13'00"
WEST 51.00 FEET; THENCE SOUTH 72°47'00" WEST 2.76 FEET; THENCE
NORTH 17°13'00" WEST 51.00 FEET; THENCE LEAVING SAID .
NORTHEASTERLY LINE NORTH 72 0 47'00" EAST 40.48 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE
SOUTH 86· 58 ' 35" EAST (RECORD SOUTH 8 6 0.5 8 ' 38" EAST) 839. 74 FEET'
TO THE POINT OF BEGINNING •
..... 2-
10-110123
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1992-93, A LIEN NOT YET PAYABLE.
lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $55,355.64 PAID
SECOND INSTALLMENT: $55,355.64 PAID
LAND: $2,601,000.00
CODE AREA: 09027
PARCEL NO. 215-040-22
SAID MATTER AFFECTS: A PORTION OF SAID LAND.
lB. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. .
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
3. A DEED OF
STATED HEREIN
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUS~ TO SECURE AN INDEBTEDNESS OF THE AMOUNT
AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88~661636
OF OFFICIAL RECORDS
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 CORPORATION
-1-
TO
RECORDED
.-
SCHEDULE B
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88-661637
OF OFFICIAL RECORDS
A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE
PAYMENT OF THE INDEBTEDNESS SECURED. BY THE PEED OF TRUST
SHOWN IN ITEM NO. 24
10 ..... 110123
DEBTOR AVIARA LAND ASSOCIATES LIMITED pARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA, A
CORPORATION
FILED DECEMBER 23, 1988 AS FILE NO. 88-661638
OF OFFICIAL RECORDS
IN THE OFFICE OF SAN DIEGO COUNTY
AN AMENDMENT TO FINANCING STATEMENT, AMENDED JUNE ~9, 1992 AS
FILE NO. 1992-0406652 OF OFFICIAL RECORDS.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED APRIL 14, 1989 AS FILE NO. 89-196177
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION (OPEN SPACE)
RECORDED APRIL 14, 1989 AS FILE NO. 89-196176
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED JULY 24, 1989 AS FILE NO. 89-388407
SUBORDINATED TO
RECORDED
OF OFFICIAL RECORDS
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
JULY 5, 1989 AS FILE NO. 89-354659
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JUNE 1, 1990 AS FILE NO. 90-298i74
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
-2-
·e
SCHEDULE. B
INSTRUMENT
RECORDED DECEMBER 5,1991 AS FILE. NO. 1991-626217
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION
RECORDED DECEMBER 5, 1991 AS FILE. NO. 1991-626216
OF OFFICIAL RECORDS
10-110123
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
FEBRUARY 4, 1992 AS
OF OFFICIAL RECORDS
DEED RESTRICTION
FEBRUARY 5, 1992 AS
OF OFFICIAL RECORDS
FILE NO. 1992-0059247
FILE NO. 1992-0059246
AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVIDED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND FIRST
INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED JUNE 29, 1992 AS FILE NO. 1992-040·6651
OF OFFICIAL RECORDS
4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND'BETWEEN:
REGARDING:
RECORDED:
MARCH 31, 1989
AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
JUNE 5, 1989 AS FILE NO. 89-296176
OF OFFICIAL RECORDS
5. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT
RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS.
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED .•
WHICH PROVIDE 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 ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS
PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE
SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY
CONDOMINIUM.
FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE
-3-
'e
SCHEDULE B
10-110123
NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDMENT AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 8, 1991, AS FILE
NO. 91-57543 OF OFFICIAL RECORDS, AND RE-RECORDED MARCH 15, 1991
AS FILE NO. 91-114756 OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS RECORDED SEPTEMBER 16, 1991 AS FILE NO.
1991-0475307 OF OFFICIAL RECORDS.
6. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
7 • AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
FEBRUARY 20, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; DAVIDSON
CQSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,INC., A
CALIFORNIA CORPORATION; RDC DEVCO II LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP;
A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP;
AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA
CORPORATION
UNITY OF CONTROL
APRIL 16, 1990 AS FILE NO. 90-204778
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY' MADE FOR FULL
APRIL 17, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION
EASEMENT AND COVENANT REGARDING CATV SERVICE
JUNE 1, 1990 AS FILE.NO. 90-298175
OF OFFICIAL RECORDS
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SE·RVICE
RECORDED APRIL 15, 1991 AS FILE NO. 91-168678 OF OFFICIAL
RECORDS.
8. ANY ASSESSMENT THAT CAN BE LEVIED ON THE BENEFITED AREA AS
DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY DISTRICT NO.1, IN THE
CITY OF CARLSBAD BY DOCUMENT RECORDED DECEMBER 19, 1990 AS FILE
NO. 90-674118 OF OFFICIAL RECORDS.
THE FACT THAT SAID LAND LIES WITHIN CITY OF CARLSBAD, COMMUNIty
FACILITIES DISTRICT NO.1, AS EVIDENCED BY A NOTICE OF
ASSESSMENT FOR SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE
NO. 1991~236959 OFFICIAL RECORDS.
-4-
9 . AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
10. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
SCHEDULE B
TO WHICH REFERENCE IS HEREBY MADE fOR FULL
FEBRUARY 20, 1991
AVIARA LAND ASSOCIATES 'LIMITED PARTNERSH~P
AND THE CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT RIGHT OF WAY
ENCROACHMENT
MARCH 22, i991 AS' FILE NO. 1991-0127324
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
JULY 23, 1991
ODMARKS & THELAN AND THE DAVIDSON
10-110123
COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMIT.ED
PARTNERSHIP
MEMORANDUM OF AGREEMENT
SEPTEMBER 4, 1991 AS FILE NO. 1991-0453555
OF OFFICIAL RECORDS
11. AN INSTRUMENT ENTITLE DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECQRDED
DECEMBER 5, 1991 AS FILE NO. 1991-0626216 OF OFFICIAL RECORDS.
12. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS, BY AND
BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, RECORDED DECEMBER 31, 1991 AS FILE NO.
1991-0685924 OF OFFICIAL RECORDS.
13. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
JANUARY 2, 1992
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLS'BAD, A MUNICIPAL CORPORATION
GROWTH MANAGEMENT PROGRAM AND THE ADOPTED
LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE
19
JANUARY 8, 1992 AS FILE NO. 1992-0011004
OF OFFICIAL RECORDS
14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
SEPTEMBER 27, 1991
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLSBAD
-5-
,\
REGARDING:
RECORDED:
'e
SCUEDULE B
HOLD HARMLESS AGREEMENT DRAINAGE
JANUARY 8, 1992 AS FILE ·NO. 1992-001.1005
OF OFFICIAL RECORDS
10-110123
15. AND INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE COASTAL COMMISSION, RECORDED FEBRUARY 4, 1992
AS FILE NO. 1992-0059245 OF OFFICIAL RECORDS.
-6-
•
RECEIVED
AUG 21'1992
CITY OF CARLS8AD
eNGIi"eE~iNG COUNTER
.. ;..... -I,
, . eTC/a -15, ,
CITY OF lRLSBAD. ENGINE:ERING IPARTMENT pd".,.tn~",T-S
" App~ICArION
\ FOR 'ENGINEERING PLANCHECK'OR PROCESSING
Complete all appropriate information. Write HI'" wtHtn not applicsble.
PROJECT ~AME,: AI//#/I 'PL.II;l/N/J./(i· /l8/i?l Z4 DATE: ~/28 /94:'
, ,
PROJECT DESCRIPTION: lJ/?/i//v'AGE !i'/ls'liMIiX1r <pUI70VlIMS -Lt.,,) j{ '-1 -
PROJECTADDRESS: __ ~ ____________________ ~ ______ ~ ______ ~~~ ____ ~ __ __
LOT NO(S)~/tJq.A?t/~2;.~/a?MAP NO.: lZPJ7Z APN(S).: &/S--Me-/7, g~ 34;.1I1i2...,./t> I
OWNER: APPUCANT: f/lLI.U/I# :PRO?/iR17CS
Malling Addr ... : 2t?11 P/f~{//Jl~/J /It,ePdP-T~. #2tJt?
.&I~ tJ. ~&tJot}.'
ve Information . n r and that all Information on
g knowledg.. .
Signatur~ ---::>~"""""'-+-+---f£"~-+-' Date 7· U -if 4-_-,'-LIrPf--,l---:b~--.:l-.lr-:-Date T-Il ,. q~
CIVIL ENGINEER: Uk/I. (J19£8a.
Firm: pip 1E"CIINOL.OGi£S Firm:
Mailing Address: .4tPl H/&'ST o/Jll§r. 9tJl7E~.B70 Malling Addre":
f'/J~ ./)/iC4C/J !YRltJ(
Phone Number: (~//() 1 2.3Z-44t;6 Phone Number: ~-..,.._. J...1 ________ -----------
State Registration Number: Rtf Ii" I ~/5'O State Registration Number: ________ ----~......,....-------
LANDSCAPE ARCHITECT:, ____ .,--_______ _ ADDITIONAL COMMENTS: ________________ ,.-..,...____.
Firm:
Mailing Address:
Phone Number:
State Registration Number: ________ _
NO. OF DWEWNG UNITS: LFMP ZONE: NO. OF LOTS, "-;,
IMPROVEMENT VALUATION: sewer, water & reclaimed water: ..,....,..-.,;:.----
NO. OF ACRES: __
streets and drainage:=-________ =-:-_
GRADING QUANTITlES: ____ CY
landscape: water district: cut ··-..,.,.....-------cy---flll ----.,..------....,....:.-
remedial cy impOrt/export cy
. PLEASE CHECK OFF APPUCATION TYPES ON REVERSE SIDE
APPLlQATION FOR
(CHECK ALL THAT APPLy):
OBou
o Gradi
Dim Plancheck
o eck
o Parcel
ITr"Ouitclaim of Easement
. '
o Reversion to Acre
o Street
o Certificate of Correction
o Covenant for Easement
•
Dsu Conformance Exhibit
. , .',.
:.Oother:. __ --i-' .......... _..;...;.;.._..........::~;.;,.....;.;.~~---~~:
" ',' .' .... : ..... ,
.":.::":" . ... '.'
p:\OOC~\UISFORUS\FRUOOOfl"
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.... ;': .... ,' ...