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HomeMy WebLinkAboutCT 90-30; AVIARA PA 30; Tentative Map (CT)0 .0 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept Use Only) . PA 30 PAGE 1 O 2 (For Dept. Use Only) Master Plan ...... ...........________ General Plan Amendment ....... Specific Plan ............. Site Development Plan ....... ._________ Precise Development Plan... Zone Change ................. ..________ .._________ .._________ Tentative Tract Map ........ .._________ Conditional Use Permit ...... D Planned Development Permit Hillside Development Permit. Non-Residential Planned '-Environmental Impact ._________ Development Permit ........ ..________ Assessment ................ D Condominium Permit ......... .________ D Special Use Permit ......... ..________ Redevelopment Permit ....... .________ D Tentative Parcel Map ....... .________ Administrative Variance.... E Variance .................... .._________ Planned Industrial Permit... Coastal Development Permit.. D Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE [South 7SIDE OFL Batiguitos Drive (NORTH, SOUTH, EAST, WEST) . (NAME OF STREET) BETWEEN J Drive AND I I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:J Portions of Sections 27, 28, 33 and 34, Townshi 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsb 4) ASSESSOR PARCEL NO(S). 215-150-18, 214-170-51 5) LOCAL FACILITIES I_19 6) EXISTING GENERALJ RLM, ' J 7) PROPOSED GENERAL J same MANAGEMENT ZONE PLAN DESIGNATION N, (iS PLAN DESIGNATION 8) EXISTING ZONING [pc j9) PROPOSED ZONING! same J10) GROSS 55 ACRE 11) PROPOSED NUMBER OF!__100_112) PROPOSED NUMBER!_102 J13) TYPE OF SF RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS N/A COMMERCIAL INOUSTIR.AL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL I N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE 100116 1990 CITY OE CARLSBAD WBTI - DATE SIAM A 'I1 0EIV ED CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 40% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 100 TRAFFIC 1000 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: I Tentative Map for 100 single-family homes on 7,500 square foot lots. I 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) Aviara Land Assoc. Limited P a rtnership NAME (PRINT OR TYPE) same MAILING ADDRESS 2011 Palomar Airport Rd., MAILING ADDRESS Suite 206 same CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 (619) 931-1190 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE AVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BE OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO DATE THE BEST OF MY,XNOWLEDGE. SIGNATURE / DATE D. L. mens 10/10/90 D. 10/10/90 FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED c-r 4;_0 /Zc7c7.Qo 6`7A -°O TOTAL FEE REQUIRED[ 9L( 50 RECEIVED BY: I UAJ t4^jcL" DATE FEE PAID[ ,o_(f J RECEIPT NO. [/o/_'i? / ] 4. Citv of Carlsbad Planning Department APPUCANTS STATEMENT OF OSCLOStJRE OF CERTMN OWNERSHIP tNTESTS ON ALL APPUCATIONS WHICH WILL RECULRE DtSCRETIOM4Y ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMM=ON OR CQMMETTE5. (Please Print) The following information must be disclosed: Aoollcant List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership 2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Avi n Zn T.AnA. romp a nX _ n fle1.wrre Repiihlir fl 1rpmrr7t rn corporation .. a California corporation 450 Newport Center Drive 180 N. Riverview Drive Suite 304 . Suite 130 Newport Beach, CA 92660 Anaheim, CA 92808 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Henry Hillman 450 Newport Center Drive Suite 304 Newport Beach, CA 92660 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust N/A ' 1 I 7 (Over) closure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boarc Commissions, Committees and Council within the past twelve months? - - Yes No ...L If yes, please indicate person(s) - .r,en in dofinedd a.a. Any ndivida1.lrn eopan.tht. ht.rina. w*r% social club. fr*z.fna.L oann, cnrperaDan. .atat., rust .ynIc4t.. this and ai' cci.t caurey. city and cy. city munidp4txty. 4m4 or U&MW polibcai or airy atmof group or cnr%iracn acn; aA a uni.' (NOTE:. Arrach additional pages as necessary.) Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Land m any, a Delaware oration, eneral Partner By: Sig &eo ae ns/Vice President By: 0 dwni96)=iit Signature or t. • Aviara Lan Co p any, a Delaware c atio General Partner By. a iyice' President Secretary ie. iA4v.ei III Sec. sIgnature o Applican / ate BY: Republic Deve,Jppment Co., a California cooI'tion, By: L-_4 A-. VicePresident By:, , Signature of Owner/Date By: Republic Development Co., a California c tion, er Dsigre aYe' President By: 9-4L Signature of Applicant/Date Ted L. Hoover/Assistant Secretary Print or Type Name of Owner Ted L. Hoover/Assistant Secretary Print or Type Name of Applicant /1 /. 0 - City of Carlsbad DISCLOSURE STATEMENT APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETiONARY ACTiON ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: List the names and addresses of all persons having a financial interest in the application. Air -i,ii 1.1)i1 Agcnciitp T.imitptl Partnership 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnership 2 0 1 1 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners interest in the partnership. Aviara Land Company Republic Development co. 50 Newport Center Dirve, Suit-e 304 fl N pt Center Drive #04 Newport Beach, CA 92660-7640 Newport Beach. CA 92660-7640 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic of the trust. N/A 2. 3. 4. I' Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Boa Commissions, Committees and Council within the past. twelve months? Yes - No , If yes, please indicate person(s)_____________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Att h additional pages as necessary,) Signature o'twner/date Signature plicant/date D. L. Clemens D. L. Clemens Print or type name of owner Print or type name of applicant STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. (_7FC'( A Date ame (Print) FORM: PLANNING 37. REVISED 3/80 - E V'., !~-1 ?)(A e'e ReIatiship to Atpiation (Property Owner-Agent) ng~ oCT16 1990 CITY CE CARLSBAD DVELO15 PROC. SERV0 DLV? . S City Engineer CITY OF CARLSBAD 2075 La Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED TENTATIVE MAP NO._____________ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 6642 7 .1 of the Subdivision Map Act and I (we) will make the notifications to the tenants require: therein. DATE OWNER DATE OWNER 66427.1 Esttlshee requirements for notice to tenants arid , right of two- a to exclusive contract for purchase in cominia co.mi ty apartment or stack cooperative projects. The legislative body shalt riot approve a final map for a subdivision to be created from the conversion of rest0ent'a real property into $ condominium project, a community apartment project, or a stock cooperative project unless it firios a. of the following: (a) Each of the tenants of the proposed condominium, comeuiity apartment project or stock cooperative project is received, pursuant to Section 66452.9 written notification of intention to convert at toast 60 days prior to the fit 'rig or a tentative map pursuant to Section 66452. There shall. be a further finding that each such tenant, and each person ty— for the rental of a unit in such residntial reat property, has, or will have, received all applicable notices and rignes mcw or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be mace 'a: each tenant has received 10 days written notification that an application for a public report wilt be, or has Dean, suomitoec to the Oeoartment of Ceal. Estate, and the such report will be available on request. The written notices to tenants requi-e by this subdivision shalt be deemed satisfied if such notices comply with the Legal requirements for service by mail. (b) Each of the tenants of the proposed condominium, cocasality apartment project, or stock cooperative orojec has been, or wilt be, given written notification within 10 days of approval of a final map for the proposed conversion. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy cue to o-e conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or oDLigator's of the parties in performance of their covenants; including,, but riot limited to, the provision of services, payments of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative croect has been or will be, given notice of an exclusive right to contract for the purchase of his or ncr respective unit upon :e same terms and conditions that such unit wilt be initially offered to the general public or terms more favorable to t'e tenant. The right shall run for a period of not Less than 90 days from the date of issuance of the subdivision puotic report pursuant to Section 11018.2 of the Susiness and Professions Code, unless the tenant gives prior written notice of his or rier intention not to exercise the right. (e) This a5ton shalt not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominui. projects. tAmendad, Chapter 1128, Statutes of 19801 STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-3666 (619) 436-3002 (619) 743-3821 PRELIMINARY REPORT October 16, 1990 HILLMAN PROPERTIES WEST, INC. YOUR NO. AVIARA 2011 PALOMAR AIRPORT RI)., #206 OUR NO 101274-10 CARLSBAD, CA LOAN RE?: AVIARA ATTENTION: PAM HANES 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, I 3RING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY .ECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE S 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 OCTOBER 12, 1990 AT 7:30 A.M. ,W494A GRANGERftla/' TITLE OFFICER 101274-10 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CAL.'ORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY C ) 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 CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP . . 101274-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT ____, AVIARA PEASE II, BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 23 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF, . . 101274-10 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 190-91, A LIEN NOT YET PAYABLE. 1A. 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. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl DOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED: APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl OSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED: OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED. THAT CERTAIN 2000 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO EASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANtLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 2459'39" WEST, A DISTANCE OF 756.25 FEET THENCE NORTH 5306'06" EAST, 25.00 FEET TO THE TRUE -1- . . SCHEDULE 9 CONTINUED 101.274-10 POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN: THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53'06'06 EAST, 135.00 FEET, AN AGREEMENT PARTICULARS DATED; TO WHICH REFERENCE IS HEREBY MADE FOR FULL JANUARY 10, 1989 SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RIGHT OF WAY USE AGREEMENT JANUARY 10, 1989 AS FILE NO. 89-012389 OF OFFICIAL RECORDS BY AND BETWEEN: REGARDING: RECORDED: NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR; ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED: APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553, PAGE 334 OF OFFICIAL RECORDS. AFFECTS: AS SET FORTH THEREIN 5, AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR; RECORDED: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AS SET FORTH THEREIN 6, AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE RECORDED: JULY 21, 1958, DOCUMENT NO. 116505 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 7. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE -2- . . SCHEDULE B CONTINUED 101274-10 RECORDED: DECEMBER 4 1 1959, DOCUMENT NO. 250359 OF OFFICIAL RECORDS AFFECTS: IAS SET FORTH THEREIN 8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl 'OSES IN FAVOR OF: THE CITY OF CARLSBAD FOR: WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED MARCH 11, 1976 AS FILE NO. 76-071622 OF OFFICIAL RECORDS AFFECTS AS SET FORTH THEREIN 9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl 'OSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: AN ENCLOSED OR UNENCLO$ED FLOOD DRAINAGE CHANNEL RECORDED: MAY 26, 1976 AS FILE NO. 76-159954 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 10. AN EASEMENT APPECTIN( SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl 'OSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED: NOVEMBER 22, 1976 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 11. AN EASEMENT AFFECTINC HEREIN AND INCIDENTAL PtJR] IN FAVOR OF: FOR: RECORDED: AFFECTS; SAID LAND FOR THE PURPOSES STATED 'OSES SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, 'TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM MAY 10, 1977 AS FILE NO. 77-177430 OF O?FICIAL RECORDS AS SET FORTH THEREIN 12, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -3- . . SCHEDULE B CONTINUED 101274-10 RECORDED: SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983 AS FILE NO, 83-378945 OF OFFICIAL RECORDS PARTICULARS DATED: BY AND BETWEEN: REGARDING: 13,. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. RECORDED: 12, AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: TO WHICH REFERENCE IS HEREBY MADE FOR FULL AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986 AS FILE NO. 86509319 OF OFFICIAL RECORDS TO WHICH REFERENCE IS HEREBY MADE FOR FULL OCTOBER 16, 1987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO.87-647735 OF OFFICIAL RECORDS TO WHICH REFERENCE IS HEREBY MADE FOR FULL JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 4, AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: 15, AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED -4- . . SCHEDULE B CONTINUED 1.01274-10 (LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS FILE NO. 88-278492 IOF OFFICIAL RECORDS 17. AN EASEMENT AFFECTINC SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PUR] OSE5 IN FAVOR OF: STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION FOR; PUBLIC ACCESS EASEMENT(LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS PILE NO. 88-278452 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED DECEMBER 20, 1988 AMOUNT $125,000,000.00 TRTJSTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE FIRST INTERSTATE SANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY I AVIAP.A LAND ASSOCIATES LIMITED PARTNERSHIP, TO RECORDED A DELAWARE CORPORATION FIRST INTERSTATE BANK OF A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE OF OFFICIAL RECORDS CALIFORNIA, NO. 88-661637 Pt FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST SHOWN IN ITEM NO. 24 DEBTOR AVIAA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP SECURED PART? 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 -5- . S SCHEDULE B CONTINUED 101274-10 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. 89-196179 of Official Records SUBORDINATED TO DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 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 I APRIL 14, 1989 AS FILE NO, 89-196181 Subordinated to Recorded of Official Records IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 of Official Records Said DEED OF TRUST has been subordinated to the subject matter referred to in this paragraph, by the provisions of an ingtrument Recorded JUNE 29, 1989 AS FILE NO. 89-345754 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1999 AS FILE NO. 89345753 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 JUNE 29, 1989 AS FILE NO. 89-345756 ©f Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO 89-345755 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 JUNE 29, 1989 AS FILE NO. 89-345758 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89345757 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 -6- . . SCHEDULE B CONTINUED 1Ol74-l0 Recorded JUNE 29, 1989 AS FILE NO. 89-345760 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89-345759 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 JUNE 29, 198 AS FILE NO. 89-345762 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89-345761 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 JUNE 29, 1989 AS FILE NO. 89-345764 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS TILE NO. 89-345763 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 JUNE 29, 1989 AS FILE NO. 89-345766 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89-345765 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 I 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 JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS SUBORDINATED TO EASEMENT AND COVENANT REGARDING CATV SERVICE -7- . . SCHEDULE B CONTINUED 101274-10 RECORDED JUNE I t 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 INSTRUMENT RECORDED JULY 9 1 1990 AS FILE NO. 90-369911 OF OFFICIAL RECORDS SUBORDINATED TO DEED RESTRICTION (OPEN SPACE) RECORDED JULY 9 1 1990 AS FILE NO. 90-369909 OF OFFICIAL RECORDS 19. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A PILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARt8BAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED: MARCH 14, 1989 AS FILE NO. 59-130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8 1 1989 AS FILE NO 89-242769 OF OFFICIAL RECORDS. NOT! OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS PILE NO, 89-400726 AND OCTOBER 5, 1989 AS FILE NO, 89-540361, BOTH OF OFFICIAL RECORDS. 20. AN AGREEMENT PARTICULARS DATED: MARCH 22, 1989 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES A DELAWARE CORPORATION, COASTAL COMMISSION DEED RESTRICTION (OPEN APRIL 14, 1989 AS FILE OF OFFICIAL RECORDS REGARDING: RECORDED: LIMITED PARTNERSHIP, AND THE CALIFORNIA SPACE) NO. 89-196176 TO WHICH REFERENCE IS HEREBY MADE FOR FULL 21. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO 89-196170 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22, AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE -8- . . SCHEDULE B CONTINUED 101274-10 OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-1961 0 0 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 31, 1989 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES. LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JUNE 5, 1989 AS FILE NO.89-296176 of Official Records 24, AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: WATERLINE PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO. 89-345753 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT, 25. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR; DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO. 89'345755 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 25. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS 27, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED: JUNE 29, 1989 AS PILE NO, 89345757 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE -9- . . SCHEDULE B CONTINUED 101274-10 PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: SEWER AND DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO, 89-345759 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: GENERAL UTILITY AND ACCESS RECORDED: JUNE 29, 1989 AS FILE NO, 89-345761 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 30. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO 89345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT, 31. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 28, 1989 BY AND BETWEEN: AVIAR.A LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: BASIN MAINTENANCE RECORDED; JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 32. 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. -10- . SCHEDULE B CONTINUED 101274-10 First Amendment and Restatement recorded July 31, 1990 as File No. 90-418521 of Official Records. 33. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED IEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS FOR: THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE 0? THE GROUND RECORDED: AUGUST 7, 1989 AS FILE NO. 89-419898 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 34. An easement affecting said land for the purposes stated herein and incidental pur osea In Favor of SAN DIEGO GAS & ELECTRIC COMPANY For: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES Recorded: FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 35 • AN AGREEMENT PARTICULARS DATED: APRIL 17, 1990 BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1 1 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 36. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: FEBRUARY 12, 1990 t AND SETWEZNI 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, TO WHICH REFERENCE IS HEREBY MADE FOR FULL REGARDING: RECORDED: -11- . 0 SCHEDULE S CONTINUED 101274-10 A PARTNERSHIP AND TE CITY OF CARLS2AD REARDINC: THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDEDt JUNE 19, 1990 AS FILE NO. 90-330557 OF OFFICIAL RECORDS 37. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF-. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR: ACCESS RECORDED: JUNE 29, 1990 AS FILE NO. 90-355543 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. -12- ••L__ zP)bd L S 5 J*kIO(2S.Oo r EET LIJ STEWART TITLE COMPANY OF SAN DIEGO 7676 EAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 ce2ved (619) 692-1600 July 22, 1991 Fifth Superseding PRELIMINARY REPORT SEP18 issi CITY OF CARLSBAD DEVELOP PROc. HILLMAN PROPERTIES WEST, INC YOUR NO AVIARA PHASE 2 2011 PALOMAR AIRPORT RD., #206 OUR NO. 101274-1 CARLSBAD, CA 92009 LOAN REF ATTENTION: DONNA TESTA 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 HE 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 JULY 19, 1991 AT 7;30 A.M. - LORETTA 0 OER7mr TITLE OFFICER 039tJd 0 ;UL 101274-10 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 OWNERS POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4, AMERICAN LAND TITLE; ASSOCIATION LOAN POLICY ( ) SCHEDULE A 1, THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED SI THIS REPORT IS: A FEE I 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 JUU d'd U -_____ U . . 101274-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS; BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 034tO9tt WEST 230.98 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72 6 47'00" EAST 161,47 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID C(JRVE 40,36 FEET THROUGH A CENTRAL ANGLE OF 92'30'00 11 ; THENCE TANGENT TO SAID CURVE SOUTH 14'43100t1 EAST 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL ANGLE OF 72'12'00"; THENCE TANGENT TO SAID CURVE SOUTH 86'55'00" EAST 217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD TRACT NO. 85-35 (AVIARA PHASE 1 - UNIT E), ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER, JUNE 29, 1989; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH 47'10 1 50" WEST 350.89 FEET; THENCE SOUTH 40'43'12" WEST 605.23 FEET; THENCE SOUTH 17'45'00" EAST 846.44 FEET; THENCE SOUTH 1645'00 WEST 112.44 FEET; THENCE SOUTH 12*58 1 00t EAST 1804.79 FEET; THENCE SOUTH 31'51'00" EAST 700.07 FEET; THENCE SOUTH 6 4 33 1 30" EAST 495.49 FEET; THENCE SOUTH 14'2930" WEST 519,43 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT IN THE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS; THENCE ALONG SAID AGREED BOUNDARY NORTH 20'30'00" WEST 117.43 FEET; THENCE NORTH 85 4 00'00" WEST 71.00 FEET; THENCE SOUTH 25'30 1 00 WEST 223.00 FEET; THENCE SOUTH 10'45'00" EAST 53.00 FEET; THENCE SOUTH 33'30'00" WEST 146.00 FEET; THENCE SOUTH 55'30'00" WEST 52.00 FEET; THENCE SOUTH 77'30 1 00" WEST 358.00 FEET; THENCE IOUTH 55'10'00' WEST 167.00 FEET; THENCE SOUTH 75'58'00" WEST -1- I . 103.274-10 42.00 FEET; THENCE NORTH 83'56'00" WEST 117.00 FEET; THENCE NORTH 73'50 1 00" WEST 99.00 FEET; THENCE NORTH 7950'00" WEST 147.00 FEET; THENCE NORTH 7410'00" WEST 190,00 FEET; THENCE NORTH 6856'02" WEST 346.00 FEET; THENCE NORTH 73'15'26" WEST 174.0:3 E'EET; THENCE NORTH 94'0000 WEST 124.00 FEET; THENCE SOUTH 78'00'00" WEST 447.00 FEET; THENCE NORTH 8300'00" WEST 123.73 FEET; THENCE NORTH 3217 1 46 WEST 561.76 FEET; THENCE NORTH 69 1 15 1 09" WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33, DISTANT THEREON SOUTH 0443134u EAST 758.20 FEET FROM THE NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON RECORD OF SURVEY MAP NO, 10774, FILED IN THE'OFFICE OF SAID SAN DIEGO COUNTY RECORDER, OCTOBER 30 1 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0'43'34" WEST 788.20 FEET; THENCE NORTH 0'33.'09' EAST 1357,67 FEET; THENCE SOUTH 89'0821" EAST 1358.22 FEET; THENCE NORTH 23'17'49 11 EAST 157.02 FEET; THENCE SOUTH 83'48'32" EAST 182.90 FEET; THENCE NORTH 63'48 1 24" EAST 118.59 FEET; THENCE NORTH 46113 '59" EAST 66.87 FEET; THENCE NORTH 21'18'51" EAST 78.99 FEET; THENCE NORTH 14'41'04" WEST 271.89 FEET; THENCE NORTH 26'24'56' WEST 112,98 FEET; THENCE NORTH 4410'38' WEST 189.09 FEET; THENCE NORTH 36'53'26" WEST 81.01 FEET; THENCE NORTH 17'21'54" WEST 96.54 FEET; THENCE NORTH 759I33t WEST 108.38 FEET; THENCE NORTH 353 1 04' EAST 180.75 FEET; THENCE NORTH 35'32f01li WEST 142,05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 0'34'09' EAST 2485.34 FEET TO THE POINT OF BEGINNING. -2- 06:01 16.6 d 3 S ,S3E'3d 0 . 101274-10 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 FISCAT., YEAR 1991-92, A LIEN NOT YET PAYABLE, 1A. GENERAL AND SPECIAL COtJNr. 'Y AND/OP CITY TAXES. FOR THE FISCAL YEAR 1990-91 INCLUDING PERSON L PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $55,033.42 PAID SECOND INSTALLMENT $55033.42 PAID LAND: $10,200p000.00. IMPROVEMENTS; EXEMPT; CODE AREA: 09027 PARCEL NO. 215-040-23 SAID MATTER AFFECTS: A PORTION OF SAID LAND. lB. GENERAL AND SPECIAL COtJW YEAR 1990-91 INCLUDING PERSON) FIRST INSTALLMENT: SECOND INSTALLMENT: LAND IMPROVEMENTS: EXEMPT; CODE AREA: PARCEL NO. Y AND/OR CITY TAXES FOR THE FISCAL PROPERTY TAX, IF ANY. $15,354.47 PAID $16,354.47 PAID $3,060,000.00 09133 216-111-08 216-111-08 SAID MATTER AFFECTS; A PORTION OF SAID LAND, 1C, GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT: $10,945.83 PAID SECOND INSTALLMENT: $10,945.83 PAID LAND; $2,040,000.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09132 PARCEL NO. 216-111-09 SAID MATTER AFFECTS; A PORTION OF SAID LAND. -1- .2E)Jd 0 UU b d I SCHEDULE B CONTINUED 101274-10 1D. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF AN?. FIRST INSTALLMENT: $14,198.27 PAID SECOND INSTALLMENT: $14,198.27 PAID LAND: $2,601,000.00 IMPROVEMENTS: EXEMPT: CODE AREA: 0913:3 PARCEL NO. 214-170--51 SAID MATTER AFFECTS: A PORTION OF SAID LAND, THE FISCAL 1E. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT: $12,624.81 PAID SECOND INSTALLMENT: $12,624.81 PAID LAND: $2,340,900.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09132 PARCEL NO. 216-150-18 SAID MATTER AFFECTS: A PORTION OF SAID LAND. IF. 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. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE RECORDED: DECEMBER 4, 1959 IN BOOK 8027, PAGE 83 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 4. AN EASEMENT AFFEC TING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAl PURPOSES IN FAVOR OF: THE CITY OF CARLSBAD FOR: WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED: MARCH 11, 1976 AS FILE NO. 76-071622 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 5. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED -2- SCHEDULE B CONTINUED 101274-10 HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED: NOVEMBER 22, 1976 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 6. AN EASEMENT AFFE' TING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTA PURPOSES IN FAVOR OF: SAN DIEGO GAS f, ELECTRIC COMPANY FOR: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE I RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED: MAY 10, 1977 AS FILE NO. 77-177430 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 7, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FtJXJL PARTICULARS DATED: SEPTEMBER 1 7, 1983 BY AND BETWEEN: IN.B.HUNT AND W.H. HUNT AND THE CITY OF REGARDING: RECORDED: CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL RECORDS L. 8. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO, 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED; AUGUST 29, 1986 BY AND BETWEEN; IW.H, HUNT AND N.B. HUNT AND THE CITY -3- ULl J.JLJ Li . . SCHEDULE B CONTINUED 101274-10 REGARDING RECORDED 11. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN; REGARDING: RECORDED: OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSSAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6 1 1986 AS PILE NO. 86-509319 OF OFFICIAL RECORDS TO WHICH REFERENCE IS HEREBY MADE FOR FULL OCTOBER 16, 1987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS TO WHICH REFERENCE IS HEREBY MADE FOR FULL JUNE 6 1 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS PILE NO, 88-278452 OF OFFICIAL RECORDS 10, AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING; RECORDED; V .. 12. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION FOR: PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) RECORDED; JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS AFFECTS; AS SET FORTH THEREIN 13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED DECEMBER 20, 1988 AMOUNT $125,000,000.00 TRUSTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION -4- E1iE)I Uid L b .cJ.L? I is SCHEDULE B CONTINUED 101274-10 BENEFICIARY FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED DECEMBER 2:3, 1988 AS FILE NO 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY, AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY I AVIARA LAND ASSOCIATES LIMITED PARTNERqRTP.. TO RECORDED A DELAWARE CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 68-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT UVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEETE1 )NESS SECURED BY THE DEED OF TRUST SHOWN IN ITEM NO. 24 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 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. 89-196179 of Official Records SUBORDINATED TO DEED RESTRICTION (TRAIL) RECORDED APRIL 14 1 1989 AS FILE NO. 89-196178 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 I APRIL 14, 1989 AS FILE NO. 69-196181 SUBORDINATED TO RECORDED OF OFFICIAL RECORDS IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN 1 -5- S S SCHEDULE B CONTINUED 101214-10 INSTRUMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345756 OF OFFICIAL RECORDS SUBORDINATED TO EASEMENT RECORDED JUNE 29, 1989 AS FILE NO, 89-345755 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 JUNE 29, 1989 AS FILE NO. 89-345758 OF OFFICIAL RECORDS SUBORDINATED TO EASEMENT RECORDED JUNE 29, 1989 A$ FILE NO. 89-345757 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 JUNE 29, 1989 AS FILE NO. 89-345766 OF OFFICIAL RECORDS SUBORDINATED TO EASEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-34765 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBRDINATED 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 JUNE 1, 1990 AS FILE NO. 90-298174 SUBORDINATED TO RECORDED OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEEP OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED J JULY 3, 1991 AS FILE NO. 1991-0327680 1 -6- 1El'E'Jd El . t7 E;:wi lb, b dJ SCHEDULE B CONTINUED 101274-10 OF OFFICIAL RECORDS SUBORDINATED TO: PEED RESTRICTION RECORDED: JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS 14. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MA? OF THE ASSESSMENT DISTRICT; PI4AT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED; MARCH 14, 1989 AS FILE NO. 89-130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS NOTE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 51 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS. 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: IMARCH 22, 1989, BY AND BETWEEN: 14VIARA LAND ASSOCIATES LIMITED ?ARTNERSHI?, REGARDING RECORDED: A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS 16. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES, SAID INSTRUMENT RECORDED APRIL, 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. A PORTION OF SAID LAND HAS BEEN RELEASED BY VIRTUE OF DOCUMENT RECORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL RECORDS. 17. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE -7- JLJdEJbd U VC..-u VL.-ui lot Li -J .J SCHEDULE B CONTINUED 101274-10 NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS, 18 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED; MARCH 31 1 1989 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES. LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS 19. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; CITY OF CARLSBAD FOR: DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS AFFECTS; AS DESCRIBED IN SAID DOCUMENT 20. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: GENERAL UTILITY AND ACCESS RECORDED; JUNE 29, 1989 PS FILE NO. 89-345757 OF OFFICIAL RECORDS AFFECTS; AS DESCRIBED IN SAID DOCUMENT 21. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES RECORDED; JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 22. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: IJUNE 28, 1989 BY AND BETWEEN; 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: BASIN MAINTENANCE RECORDED: JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS -8- Li J Li LI U SCHEDULE B CONTINUED 101274-10 23. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIALS 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 NO, 90-418521 OF OFFICIAL RECORDS. SECONDAMEDMENT AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO. 1991-0057543 OF OFFICIAL RECORDS AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 1991-0114756 OF OFFICIAL RECORDS BY A DECLARATION OF ANNEXATION RECORDED JUNE 7 1 1991 AS FILE NO. 1991-0273692 OF OFFICIAL RECORDg, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. 24. AN EASEMENT AFFECTIN( SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL FUR] DOSES IN FAVOR OF; SAN DIEGO GAS & ELECTRIC COMPANY FOR: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES RECORDED: FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 25. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED; JAPRIL 17, 1990 BY AND BETWEEN: JAVIAAA LAND ASSOCIATES LIMITED PARTNERSHIP, REGARDING: RECORDED: 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 LU dEidu .--. . .'L. •U . . SCHEDULE B CONTINUED 101274-10 IOF OFFICIAL RECORDS - 26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL, PARTICULARS DATED: IFEBRUARY 12, 1990 BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JUNE 19, 1990 AS FILE NO. 90-330557 OF OFFICIAL RECORDS 27. ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND WITHIN THE TIME PROVIDED BY LAW BY REASON OF IMPROVEMENTS THEREON AS DISCLOSED BY THE FOLLOWING NOTICE OF COMPLETIONS: RECORDED: DECEMBER 6, 1990 AS FILE NOS. 90-650702, 190-650703 AND 90-650704, ALL OF OFFICIAL RECORDS 28. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND DISTRICT; NO. 1, CITY OF CARLSBAD DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19 1 1990 AS FILE NO. 90-674118 OF OFFICIAL RECORDS I 29, AN INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION DATED MAY 29, 1991 AND RECORDED JULY 3 1 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS. 30. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 18, 1991 BY AND BETWEEN: CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES REGARDING: HOLD HARMLESS AGREEMENT DRAINAGE RECORDED; JULY 10, 1991 AS FILE NO. 1991-0337923 OF OFFICIAL RECORDS -10- NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN R000LFO DRIVE SOLANA BEACH, CA, 9207 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 PRELIMINARY REPORT April 10, 1991 HILLMAN PROPERTIES WEST, INC. YOUR NO. PH II/P.A. 30 2011 PALOMAR AIRPORT RD., 1206 OUR NO. 106116-10 CARLSBAD, CA LOAN REP: AVIARA LAND ASSOC. 'ATTENTION: PAM HANES 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 APRIL 03, 1991 AT 7:30 A.M. LORETTA G NGER/mr TITLE OFFICER S . NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 380 STEVENS AVE. #314 SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. . . 106116-10 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 INSURANCE 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 S . 106116-10 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTIONS 27, 28, 33 AND 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33, DISTANT THEREON SOUTH 0 °43'21" EAST 788.21 FEET FROM THE NORTHWEST CORNER 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; THENCE ALONG THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, NORTH 043'21" WEST 788.21 FEET; THENCE NORTH 0330'23" EAST (RECORD NORTH 030'45" EAST) 890.67 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 8730'45" EAST 4.50 FEET TO THE BEGINNING OF A TANGENT 628.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 15.73 FEET THROUGH A CENTRAL ANGLE OF 126'05"; THENCE TANGENT TO SAID CURVE NORTH 8856'50" EAST 696.77 FEET TO THE BEGINNING OF A TANGENT 628.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 553.32 FEET THROUGH A CENTRAL ANGLE OF 502858" TO THE BEGINNING OF COMPOUND 800.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 49'25'48" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 185.63 FEET TROUGH A CENTRAL ANGLE OF 1317'41"; THENCE TANGENT TO SAID CURVE SOUTH 27'1631" EAST 105.73 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 18.43 FEET THROUGH A CENTRAL ANGLE OF 1 0 19h11It; THENCE TANGENT TO SAID CURVE SOUTH 2557 1 20" EAST 738.99 FEET; THENCE SOUTH 4332'40" WEST 799.26 FEET; THENCE NORTH 80 0 42'00" WEST 207.57 FEET; THENCE SOUTH 8342'00" WEST 722.34 FEET TO ANGLE POINT IN THE NORTHERLY LINE OF SAID BATIQUITOS LAGOON; THENCE LEAVING SAID ANGLE POINT NORTH 604919" EAST 37.37 FEET; THENCE NORTH 056'12" WEST 136.63 FEET; THENCE SOUTH 8903148Pt WEST 125.85 FEET; THENCE SOUTH 0'56'12" EAST 51.41 FEET; THENCE SOUTH 40 0 10'57" WEST 65.00 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE NORTH 6915'21" WEST 82.23 FEET TO THE POINT OF BEGINNING. . . 106116-10 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 1991-92, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $55,033.42 PAID SECOND INSTALLMENT: $55,033.42 OPEN LAND: $10,200,000.00 CODE AREA: 09027 PARCEL NO. 215-040-23 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $16,354.47 PAID SECOND INSTALLMENT: $16,354.47 OPEN LAND: $3,060,000.00 CODE AREA: / 09133 PARCEL NO. 216-111-08 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. 1C. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $12,624.81 PAID SECOND INSTALLMENT: $12,624.81 OPEN LAND: $2,340,900.00 CODE AREA: 09132 PARCEL NO. 216-150-18 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. 1D. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91, INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $14,198.27 PAID SECOND INSTALLMENT: $14,198.27 OPEN LAND: $2,601,000.00 CODE AREA: 09133 -1- S . SCHEDULE B CONTINUED 106116-10 PARCEL NO. I 214-170-51 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. 1E. 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. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE RECORDED: DECEMBER 4, 1959 IN BOOK 8027, PAGE 83 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 3. AN EASEMENT AFFE( TING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTA] PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED: MAY 10, 1977 AS FILE NO. 77-177430 OF OFFICIAL. RECORDS AFFECTS: AS SET FORTH THEREIN 4. THE FACT SAID LAND LILS WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 5. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL OCTOBER 16, 1987 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS -2- S • SCHEDULE B CONTINUED 106116-10 6. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS TRUST 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 7. A DEED OF STATED HEREIN THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, ASSIGNMENT WAS EXECUTED BY I AVIARA LAND ASSOCIATES LIMITED THE PAYMENT WHICH PARTNERSHIP, TO RECORDED A DELAWARE CORPORATION FIRST INTERSTATE BANK OF A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE OF OFFICIAL RECORDS CALIFORNIA, NO. 88-661637 A FINANCING STATEMENT ( ;IVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTE! )NESS SECURED BY THE DEED OF TRUST SHOWN IN ITEM NO. 24 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 -3- S . SCHEDULE B CONTINUED 106116-10 IN THE OFFICE OF I SAN DIEGO COUNTY 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. 89-196179 of Official Records SUBORDINATED TO DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 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 I APRIL 14, 1989 AS FILE NO. 89-196181 Subordinated to Recorded of Official Records IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 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 JUNE 29, 1989 AS FILE NO. 89-345766 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89-345765 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 I 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 I JUNE 1, 1990 AS FILE NO. 90-298174 SUBORDINATED TO RECORDED OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS -4- S . SCHEDULE B CONTINUED 106116-10 8. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.,: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED: MARCH 14, 1989 AS FILE NO. 89 -130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS. 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: IMARCH 22, 1989 BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP. REGARDING: RECORDED: A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS 10. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 31, 1989 BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD -5- . . SCHEDULE B CONTINUED 106116-10 REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 of Official Records 13. 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 render invalid the lien of any good faith and for value. thereof shall not defeat or mortgage or deed of trust made in 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 No. 90-418521 of Official Records. Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions recorded February 8, 1991 as File No. 91-057543 and Re-recorded March 15, 1991 as File No. 91-114756 both of Official Records. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: APRIL 17, 1990 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES LIMTPFfl PAPPNPSTD. REGARDING: RECORDED: 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 15. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND DISTRICT: NO. 1, CITY OF CARLSBAD DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19, 1990 AS FILE NO. 90-674118 OF OFFICIAL RECORDS S STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7Th FLOOR SAN DIEGO, CA. 92108 (619) 692-1600 LIABILITY: $ 200.00 FEE: $ 100.00 STEWART TITLE COMPANY OF SAN DIEGO A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES CITY OF CARLSBAD HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT TO EXCEED THE LIABILITY AMOUNT STATED ABOVE 'NICE THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTE IN SCHEDULE A. LIABILITY, EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. DATED: 2/29/92 4 ,' ¼' PLEASE NOTE CAREFULLY THE LIABILITY, EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDABLE BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. S PA 30 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 3 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 215-150-18, 214-170-51 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 11th day of October , 1990 by and between _ AviaraLand AssociatesLimited Partnership - (Name of Developer-Owner) a Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 2011 Palomar Airport Rd., Suite 206, Carlsbad, CA 92009 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 . . on said Property, which development carries the proposed name of______________ Avi ara and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 10th day of October 19 90 with the City a request for Tentative Map for 100 single-family homes on 7,500 square foot lots hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on. file with the City Clerk and js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a publi' facilities fee. REV 3-1-88 2 NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to. the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 . 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph I above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 . . 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security' interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Aviara Land Associates Limited Partnership Byy:.a li. cremens Vice President (Title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 SS. STATE OF CALIFORNIA COUNTY OF San Diego On October 11. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. C / NOTARY PUBLIC (Seal) OFFICIAL SEAL LUCIA A. OtDWYER NOT PN$BUOCAUFNL. "M RIEN oocowuv 'bq Wo M4 40 EXHIBIT 0 A 6 LEGAL DESCRIPTION Those portions of Sections 27, 28, 33 and 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof as shown on Record of Survey Map No. 10774 filed in the Office of the County Recorder of said County, October 30, 1986, being more particularly described as follows: Beginning at the Southwest corner of the Southeast quarter of the Southeast quarter of said Section 28, said corner also being a point on the Westerly Boundary line of said Record of Survey Map No. 10774; thence along said Westerly Boundary line North 00o30 1 45" East, 890.67 feet; thence leaving said Westerly Boundary line North 87030 ,45 East, 4.40 feet to the beginning of a tangent 628.00 foot radius curve concave to the South; thence. Easterly along the are of said curve through a central angle of 01026 ,05" a distance of 15.73 feet; thence North 88 0 56 ,50" East, 696.77 feet to the beginning of a tangent 628.00 foot radius curve concave to the Southwest; thence Southeasterly along the arc of said curve through a central angle of 50 028 ,58" a distance of 553.32 feet to the beginning of a compound 800.00 foot radius curve concave to the Southwest, a radial line to said point bears North 49025 ,48" East; thence Southeasterly along the arc of said curve through a central angle of 13 0 17'41" a distance of 185.63 feet; thence South 27016 1 31" East, 105.73 feet to the beginning of a tangent 800.00 foot radius curve concave to the Southwest; thence Southeasterly along the are of said curve through a central angle of 01019 , 11" a distance of 18.43 feet; thence South 25'57120" East, 738.99 feet; thence South 43°32 1 40" West, 799.26 feet; thence North 80°42 '00" West, 207.57 feet; thence South 83042,00' West, 722.34 feet to said Westerly Boundary line of said Record of Survey Map No. 10774; thence along said Westerly Boundary line North 69° 15 '21" West, 228.23 feet; thence North 00°43 '21" West, 788.21 feet to the Point of Beginning. Said portions contain 55.346 acres of land, more or less. REV 3-1-88 7 629 AND WHEN RECORDED MAIL TO: - '--•. .'.- - Aviara Land Associates Liiedrti4hip c/o Mike Langs Loeb and Loeb 1000 Wilshire Boulevard Suite 1800 Los Angeles, California 90017 F6 ---SPACE ABOVE THIS LINE FOR RECORDER'S USE--------------- SUPPLEMENTARY ANNEXATION DECLARATION FOR PHASE II OF A Master Planned Community THIS SUPPLEMENTARY ANNEXATION DECLARATION FOR PHASE II OF AVIARA ("Annexation Declaration") executed this 24th day of _May , 1991, by AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (the "Declarant"), is made with reference to the following: A. Pursuant to the provisions of Sec. 1468 of the California Civil Code and in the furtherance of a plan for the subdivision, sale, lease, use and development of lots in a "Planned Development" as defined in the Davis-Sterling Common Interest Development Act, Declarant executed that certain Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Aviara (the "Declaration"), which Declaration was re-recorded on March 15. 1991, as Instrument No. 1991-0114756, Official Records, San Diego County, California, covering all that certain real property (the "Overall Property") located in the City of Carlsbad, California, known as Aviara (the "Project"). 1 I AR B. Pursuant to Article 19, Declarant has the right to annex to the Project all or any portion of that certain real property shown in Exhibit 'D" to the initial Declaration including without limitation the real property more particularly described in Exhibit "At' attached hereto. C. Declarant is the sole owner of the Phase II Property. D. Declarant now desires and intends to annex the Phase II Property to the Project and to make the same subject to the general plan and scheme of the Declaration and to the jurisdiction of Aviara Master Association (the 'Association"). NOW, THEREFORE, pursuant to the provisions of Section 1468 of the California Civil Code and pursuant to the provisions of Article 19 of the Declaration, Declarant hereby declares as follows: 1. Annexation. The Phase II Property (as hereinabove defined) is hereby annexed to and made a part of the Project. Said annexation shall be effective upon the occurrence of the recordation of this Annexation Declaration. Thereafter the Phase TI Property and each and all of the Lots and improvements now or hereafter located in Phase II property shall be owned, held, conveyed, sold, encumbered, hypothecated, leased, rented, used, occupied and improved subject to each and all of the terms, provisions, covenants, conditions, restrictions, easements and rights of use set forth in, reserved, created and/or established by the Declaration. The Declaration is hereby (i) incorporated herein by this reference and made a part hereof (ii) expressly imposed upon and against the Phase II Property and each and every Lot located therein as mutual, beneficial and equitable servitudes in favor of and for the mutual use and benefit of all other portions of the Project, in order to implement the uniform, general and common plan described in the Declaration, and (ill) expressly established, imposed and declared to be binding upon and run with the Phase II property and each and every Lot located therein and inure to the benefit of and be a burden upon the Phase II Property and each and every Lot located therein and the respective heirs, successors and assigns of the owners thereof. 2. Certain Definitions. The word "Lot" or "Parcel" may be used interchangeably and shall mean any Lot or Parcel located within the Phase II Property. 3. Membership in the Association. Each Owner of a Lot within Phase II (including Declarant) shall automatically, upon becoming such an Owner, and without further documentation of any kind, become a member of the Association and receive and be subject to all of the rights, privileges, duties and obligations incident to said membership in the Association and ownership of a Lot within the Project, all as more specifically described in the Declaration and in the By-Laws of the Association as the same or either of said documents are from time to time amended. a .631 4. Reciprocal Easements. There are hereby reserved to and for the benefit and use of Declarant, its successors and assigns, non-exclusive easements and rights of use for ingress, egress, use and enjoyment in, over, under, across and through all Common Area now or hereafter located within Phase II together with the right to convey, transfer, assign and/or establish said easements and rights of use to and for the benefit of Owners of Lots within the existing Phases of the Project and any subsequent Phases as may be annexed to and made a part of the Project (hereinafter collectively referred to as the "Other Phases"), whether by express reference in a deed or otherwise incorporating the Declaration by reference. The easements and rights of use, reserved from and imposed upon the property annexed hereby when so conveyed, transferred, assigned and/or established by Declarant, its successors or assigns to and for the benefit of Owners of Lots within such Other Phases shall be reciprocal non-exclusive easements and rights of use with similar non-exclusive easements and rights of use reserved from, established and/or imposed upon such Other Phases by the Declaration and/or other Annexation Declarations for the use and benefit of Owners of Lots within the property annexed hereby. The reciprocal easements described in this Paragraph shall run with the land, and each of said Phases then joined by annexation shall be both burdened by and benefit from said reciprocal easements, with each such Phase to be deemed both servient tenement with respect to such easements and rights of use in favor of Owners of Lots within the Other Phases, and each such Phase also to be deemed a dominant tenement with respect to the benefit and use of such easements and rights of use imposed, established, created and/or reserved for its benefit and use upon the Other Phases. As used herein, the word "Owner" or "owner" shall include, without limitation, the successors, assigns, guests, servants, licensees and invitees of such Owner. It is intended hereby that effective upon the annexation of any Phase, the Owners of Lots within such Phase (as and when annexed) shall have the right of ingress and egress to and the full right to the use and enjoyment of any and all Common Area now or hereafter located within any Other Phase and, conversely, effective upon such annexation or annexations, the Owners of Lots within any earlier Phase shall have the right to the use and enjoyment of any and all Common Area that may now or hereafter be located within any subsequently annexed Phase. 5. Commencement of Assessments. Assessments, as provided in the Declaration, shall commence, as to all Owners (including Declarant) of Lots within Phase II, on the first day of the first month immediately following the first close of escrow for a Lot within Phase II; provided, however, that Declarant shall have the right, but shall not have the obligation, to enter into an agreement with the Association pursuant to Sections 2792.10 or 2792.16 of Title 10 of the California Code of Regulations to extend the commencement of a portion of said assessment (other than reserves) by subsidization or maintenance agreement for a portion or portions of the costs of operating and maintaining common facilities within Phase II and/or any other Phase within the Project. . 632 IN WITNESS WHEREOF, the Declarant has executed this Annexation Declaration as of the date and year first above written. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land a Delaware' Its: 21(-C,5 E -c By- Its: Vkc By: Republic Development Company, a alifornia Corporation, Its: (S b)T Its: L/I( MAANNEX.ahz . •33 STATE OF CALIFORNIA SS. COUNTY OF San Diego On May 31-1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D. L. Clemens, personally known to me ,pe44e-ffle--e--the basis-e--stisfaetoiivtderree-to be the person who executed the within instrument as the Vice President and John R. Hartung personally known to me ef-proved to me on th€-basis -f-iatisfactoiy ovidenee to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the Within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL •' ' LUCIA A. O'DWYER $WA r,GMJFC(N (Seal) ax 19AM *.EJ3t, t4 — STATE OF CALIFORNIA (,'~ c( . NOTARY PUBLIC SS: COUNTY OF San Diego On May 31. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D. L. Clemens, personally known to me -eeved-to -m-on-the basis of to be the person who executed the within instrument as the Vice President, and John R. Hartung, personally known to me.or-proved to aweon the basis —ef-0"-sfac-t );y e~4dwica to be the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (4ct NOTARY PUBLIC (Seal) •- 34 EXHIBIT "A" LZG_t 0E3C.I?TI02f pnqz 2 Those Portions of Sections 27, 28, 33 and 34 all In Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of Sari Diego, State of California, according to Official Plat thereof, described as follows: Beginning at an intersection of the Westerly boundary line of Record of Survey Map No. 10774 filed in the Office of the County Recorder of Sari Diego County October 30, 1986 as file no. 86-494180 and the Southerly right of way line of Poinsettia Lane dedicated per deed recorded June 29, 1989 as file no. 89-345765 of Official Records; thence along the Southerly right of way line of said Poinsettia Lane and the Southwesterly right of way of Alga Road as dedicated per said deed the following: Nortfl 7247 1 00" East, 11.32 feet, to the beginning of a tangent 25.00 foot radius curve concave to the Southwest; thence Southeasterly along the arc of said curve through a central angle of 9230 1 00" a distance of 40.36 feet; thence South 144300 11 East, 689.57 feet, to the beginning or a tangent 901.00 foot radius curve concave to the Northeast; thence Southeasterly along the arc of said curve through a central angle of 721200 a distance of 115.38 feet; thence South 8655 1 00 East, 217.41 feet to a point on te Northe1y boundary line of City of Carlsbad Tract 85-35 Phase I - Unit* "E", Map No. 1241 filed In the office of the County Recorder June 29, 1989; thence along the Westerly boundary line of said Map No. 12413 the following: South 4710 1 50 West, 350.89 feet; thence South 4043 1 12" West, 605.23 feet: thence South 1745 1 00" East, 846.44 feet; thence South 1645 1 00" West, 112.44 feet; thence South 1258100I1 East, 1804.79 feet; thence South 3151'00" East, 700.07 feet; thence South 06'33'30' East, 495.49 feet; thence South 1429 1 30u West, 519.43 feet to a point on the Northerly line of that land granted to the State of California and described in Exhibit "A" of deed recorded June 10,1988 as file no. 88-278452 of official records ; thence along said Northerly line the following: North 2030 1 00" West, 117.43 feet; thence North 85'00'00" West, 71.00 feet; thence South 2530 1 00" Wes -, 223.00 feet: thence South 10'45 1 0C" East, 53.00 feet; thence South 3330b00u West, 146.00 feet; thence South 5530'00" West, 52.00 feet; thence South 7730 1 00" West, 358.0o feet: thence South 55'10'00" West, 167.00 feet; thence South 75'58'QO" West, 42.00 feet; thence North 8356 1 00" West, 117.00 feet; thence North 7330 1 00" West, 99.00 feet; thence North 7950'00 West, 147.00, feet; thence North 7410t00u Wsc, 190.00 feet; thence North 856'02" West, 346.00 feet: thence North 73*16'26" Wt, 174.03 feet; thence North 8400 1 00" West, 124.00 feet; thence South 7800'00" West, 447.00 feet: thence North 83*00 ,00 1, West, 123.73 feet to a point on the Westerly boundary line of said Record of Survey Map No. 10774; thence _,_, i--,11rjjrc: NOth . . 635 3217 1 46' West, 561.66 feet; thence North 615 1 21" West, 22.23 feet; thence North 0043 1 21" West, 788.21 feet; thence North .00'30'45" East, 1357.73 feet; thence South 89'08 1 32 East, 135.18 feet: thence North 23'18 1 51" East, 156.92 feet; thence South 83'50 1 41 11 East, 182.99 feet; thence North 651 1 06' East, 1.18.55 feet; thence North 46'13 1 35" East,. 66.99 feet; thence North 21 0 20 1 05 11 East, 79.07 feet; thence North 1441'15" West, 271.95 feet; thence North 2625 1 20' 112.93 feet; thence North 4411 1 08" West, 189.02 feet; thence North 3654'21" West, 80.99 feet; thence North 1722'0" West, 96.53 feet; thence North 0757 1 57" West, 108.47 feet; thence North 03'51 1 41 East, 180.95 feet; thence North 3535 1 33 West, 142.03 feet; thence North 0034'18" East, 2485.20 feet to the Point of Beginning. The hereinabove described parcel of land contains 247.182 aras more -or less. 2 J0L11914.A52 062356875 02/10/94 LJS:jwS o:-) 11!tiST OF11-.ST sBDIV:SION MAPPING opy o ihat coit io:;U OT reordd - ALLRICILN ' TITLE IT DEPAPT on..rAo j.iTh oit office of the County Recordor or !co County. RCT AERC T1LE SUi\NCE RECORDING REQUESTED BY ..."\..T). AND WHEN RECORDED MAIL TO: BAuthonzcdgnatUr Aviara Land Associates Limited Partnership c/o Loeb and Loeb 1000 Wilshire Boulevard Suite 1800 Los Angeles, California 90017 Attention: Michael Langs, Esq. SPACE ABOVE THIS LINE FOR RECORDER'S USE RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA A Master Planned Community THIS RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DECLARATION ("Annexation Declaration") executed this R' day of 1994, by AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (the "Declarant"), is made to restate, modify and supersede in its entirety that certain Supplementary Annexation Declaration for Phase II of Aviara (the "Prior Annexation Declaration") recorded June 7, 1991 as Instrument No. 1991- 0273692 in the Official Records of San Diego County, California and modify certain provisions of that certain Third Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Aviara (the "Declaration") recorded September 16, 1991, as Instrument No. 1991-0475307 in the Official Records of San Diego County, California with reference to the following: Unless specifically defined herein, the capitalized words used herein shall have the same meanings as set forth in Declaration. A. Pursuant to the provisions of Sec. 1468 of the California Civil Code and in the furtherance of a plan for the subdivision, sale, lease, use and development of lots in a "Planned Development" as defined in the Davis- Sterling Common Interest Development Act, Declarant executed the Declaration covering the Overall Property located in the a . City of Carlsbad, California, known as Aviara (the "Project") B. Pursuant to Article 19, Declarant has the right to annex to the Project all or any portion of that certain real property shown in Exhibit "D" to the Declara- tion including without limitation the real property more particularly described in Exhibit "A" attached hereto. C. Declarant is the sole owner of the real property ("Phase II" or the "Phase II Property") described on Exhibit "A" which Phase II Property is a part of the Overall Property subject to annexation shown on Exhibit "D" to the Declaration. D. The City of Carlsbad (the City") pursuant to the authority reserved by the City to review, modify and implement the Master Plan and the Master Maintenance Plan for Aviara as more particularly described in the Declaration, has in order to further implement the general scheme for phasing of the Project imposed as a condition to the recording of a Final Map covering all or any portion of Phase II required Declarant to modify the Declaration as hereinafter set forth. E. Declarant requested and received the written waiver and consent of the California Department of Real Estate under Section 11018.7 of the California Business and Professions Code to such modifications to the Declaration. F. Declarant now desires and intends to restate the Prior Annexation Declaration and annex the Phase II Property to the Project and to make the same subject to the general plan and scheme of the Declaration and to the jurisdiction of Aviara Master Association (the "Association"), and to modify certain provisions of the Declaration as required by the City under and pursuant to the authority so reserved by the City as hereinafter set forth. NOW, THEREFORE, pursuant to the provisions of Section 1468 of the California Civil Code, pursuant to the provisions of Articles 16 and 19 of the Declaration, and as required by the City, Declarant hereby declares as follows: 1. Annexation. The Phase II Property is hereby annexed' to and made a part of the Project. Said annexation shall be effective upon the occurrence of the recordation of this Annexation Declaration. Thereafter the Phase II Property and each and all of the Lots and improvements now or hereafter located in Phase II Property shall be J0L11914.A52 062356875 02/10/94 LJS:jw5 owned, held, conveyed, sold, encumbered, hypothecated, leased, rented, used, occupied and improved subject to each and all of the terms, provisions, covenants, conditions, restrictions, easements and rights of use set forth in, reserved, created and/or established by the Declaration. The Declaration is hereby (i) incorporated herein by this reference and made a part hereof, (ii) expressly imposed upon and against the Phase II Property and each and every Lot located therein as mutual, beneficial and equitable servitudes in favor of and for the mutual use and benefit of all other portions of the Project, in order to implement the uniform, general and common plan described in the Declaration, and (iii) expressly established, imposed and declared to be binding upon and run with the Phase II Property and each and every Lot located therein and inure to the benefit of and be a burden upon the Phase II Property and each and every Lot located therein and the respective heirs, successors and assigns of the owners thereof. 2. Membership in the Association. Each Owner of a Lot within Phase II (including Declarant) shall automatically, upon becoming such an Owner, and without further documentation of any kind, become a member of the Association and receive and be subject to all of the rights, privileges, duties and obligations incident to said membership in the Association and ownership of a Lot within the Project, all as more specifically described in the Declaration and in the By-Laws of the Association as the same or either of said documents are from time to time amended. 3. Reciprocal Easements. There are hereby reserved to and for the benefit and use of Declarant, its successors and assigns, non- exclusive easements and rights of use for ingress, egress, use and enjoyment in, over, under, across and through all Common Area now or hereafter located within Phase II together with the right to convey, transfer, assign and/or establish said easements and4rights of use to and for the benefit of Owners of Lots within the existing Phases of the Project and any subsequent Phases as may be annexed to and made a part of the Project (hereinafter collectively referred to as the "Other Phases"), whether by express reference in J0L11914.A52 062356875 02/10/94 LJS:jw5 3 a I a deed or otherwise incorporating the Declaration by reference. The easements and rights of use, reserved from and imposed upon the property annexed hereby when so conveyed, transferred, assigned and/or established by Declarant, its successors or assigns to and for the benefit of Owners of Lots within such Other Phases shall be reciprocal non-exclusive easements and rights of use with similar non-exclusive easements and rights of use reserved from, established and/or imposed upon such Other Phases by the Declaration and/or other annexation declarations for the use and benefit of Owners or Lots within the property annexed hereby. The reciprocal easements described in this Paragraph shall run with the land, and each of said Phases then joined by annexation shall be both burdened by and benefit from said reciprocal easements, with each such Phase to be deemed both servient tenement with respect to such easements and rights of use in favor of Owners of Lots within the Other Phases, and each such Phase also to be deemed a dominant tenement with respect to the benefit and use of such easements and rights of use imposed, established, created and/or reserved for its benefit and use upon the Other Phases. As used herein, the word "Owner" or "owner" shall include, without limitation, the successors, assigns, guests, servants, licensees and invitees of such Owner. It is intended hereby that effective upon the annexation of any Phase, the Owners of Lots within such Phases (as and when annexed) shall have the right of ingress and egress to and the full right to the use and enjoyment of any and all Common Area now or hereafter located within any Other Phase and, conversely, effective upon such annexation or annexations, the Owners of Lots within any earlier Phase shall have the right to the use and enjoyment of any and all Common Area that may now or hereafter be located within any subsequently annexed Phase. 4. Commencement of Assessments.. Lots, Individual Projects or Planning Areas (including without limitation all or any portion of a Planning Area divided by a separate Final Nap sometimes referred to as a "Unit Map" and herein- after referred to as "Unit Map Parcel(s)")intended for sale to Merchant Builders or for development by Declarant pursuant to the common plan described in the recitals to the Declaration shall not (by reason of the inclusion in an annexation of a J0L11914.A52 062356875 02/10/94 LJS:jw5 4 Phase of the Overall Property as required to satisfy a requirement or condition imposed by the City on land use or subdivision approvals for the Aviara Project) be subject to the commencement of Regular Assessments by the Association, until, with respect to any such Lots, Individual Projects, Planning Areas or Unit Map Parcel(s), either (i) the first day of the calendar month next following the close of escrow for the sale of any such Lots, Individual Project, Planning Area or Unit Map Parcel by Declarant to a Merchant Builder, (ii) such date as Declarant records in official records of County of San Diego a certificate in the form of Exhibit "A-i" attached hereto with respect to any such Lots, Individual Project, Planning Area or Unit Map Parcel, or (iii) in any event no later than the first day of the month immediately following the close of escrow for the sale of the first Lot or Dwelling Unit within any such Individual Project, Planning Area or Unit Map Parcel under the authority of a public report; provided, however, that Declarant shall have the right, but shall not have the obligation to enter into an agreement with the Association pursuant to Sections 2792.10 or 2792.16 of Title 10 of the California Code of Regulations to reduce or extend the commencement of a portion of said assessment (other than reserves) by subsidization or maintenance agreement for a portion or portions of the costs or operating and maintaining common facilities within Phase II and/or any other Phase within the Project. 5. Sight Distance Corridor Areas. A new Section 1.59.2 is hereby added to the Declaration which reads as follows: "1. 59.2 "Sight Distance Corridor Areas" No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a Sight Distance Corridor on the Final (or Parcel Map) Map. Each Owner of a Lot or Dwelling Unit shall maintain the Sight Distance Corridor on his or her Property." 6. Toxic Chemicals. A new Section 3.08.4 is hereby added to the Declaration which reads as follows: J0L11914.A52 062356875 02/10/94 LJS:jw5 5 . . 11 3.08.4 "Toxic Chemicals" Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged onto any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet federal and state requirements as prescribed in their respective containers." 7. Debris Removal and Hazardous Waste. New Sections 7.01(d) and (e) are hereby added to Article 7 of the Declaration which reads as follows: "(d) establish and enforce an ongoing program (including participation by Builders and thereafter by the Sub-Association for the Individual Project required by Section 7.05 of the Declaration) for the removal of dirt, litter and other debris from the surface of Private Streets and Common Area by means of street sweeping and other means." "(e) establish and enforce procedures for the coordination (including coordination by Builders and thereafter by the Sub- Association for the Individual Project) with the City's established program to assist Owners with the removal and proper disposal of toxic and hazardous waste products." 8. Maintenance of Sight Distance Corridor Areas. There is hereby added to the end of Section 7.02 of the Declaration a new sentence which reads as follows: "Maintenance of Sight Distance Corridor Areas and compliance with the height limitation for landscaping and structures thereon shall be the responsibility of the Individual Owners of the Lots so restricted." 9. The 'attached Exhibits B, C and F are hereby substituted in place of and supersede Exhibits B, C and F to the Declaration. J0L11914.A52 062356875 02/10/94 LJS:jw5 6 a 10. Except as restated and modified, the Declaration shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Declarant has executed this Annexation Declaration as of the date and year first above written. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaw e corporation, Partner By Y Its\ kJ By t Its Scc ,'y . By: Republi evelopment Company, a Cali or ia Corporation, —Gnera/I Partner Its \)rô By Its JUL 11914.A52 062356875 02/10194 LJS:jw5 6. n S STATE OF CALIFORNIA SS. COUNTY OF On before me, e W$ , a Notary Public, personally appeared and -, personally known to me (or proved to it nn tbeba--- s 4saeey-edcnce)' to be the person(,)- whose name(7 is/ subscribed to the within instrument and acknowledged to me that he/seTtIy executed the same in 'his/bfr7tAk1aTt authorized capacity(j.S), and that by his/4r7th signature( on the instrument the person()', or the entity upon behalf of which the person-ç - acted, executed the instrument. WITNESS my hand and official seal. I B"NNIE J HU' SEY I COMM. # 989955 otary Public - CoIiforna i AN DIEGO COUNTY ~t-> MyCmm.Expiro MAP 31j9ç7 . STATE OF CALIFORNIA COUNTY OF __________ SS. On .i 1 I I - b fore m a. a Notary Public, personally appeared C and -----------------, personally known to me for- -pr-oed--te--ine on the basis-of aatis-factory evidence-)- to be the person whose name($) is/are subscribed to the within instrument and acknowledged to me that hefehe./.they. executed the same in his/heie/ther authorized capacity(e3, and that by his/her/their signature(0) on the instrument the person($3, or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. JOL1 1914 .A52 062356875 02/10/94 LJS:jw5 - - - O OFFICLL. DBAKEIRI GLENDA A Notory PublIc ORANGE C My CommissI May 31. - Notary Public . . . EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 9, inclusive, as shown on City of Carlsbad Tract No. 89-37 recorded on September 16, 1992 as Final Map No. 12967, Map Records of San Diego County, California. (covers Aviara Planning Areas 25, 26N, 26S, 27, 28, 29 and 30) Lots 1 through 25, inclusive, as shown on City of Carlsbad Tract No. 90-15 (Aviara Planning Area 24 - Unit 1) recorded on September 17, 1992 as Final Map No. 12969, Map Records of San Diego County, California. (covers Aviara Planning Area 24 - Unit 1) Lots 1 through 36, inclusive, as shown on City of Carlsbad Tract No. 90-15 (Aviara Planning Area 24 - Unit 2) recorded on September 17, 1992 as Final Map No. 12976, Map Records of San Diego County, California. (covers Aviara Planning Area 24 - Unit 2) Lots 1 through 27, inclusive, as shown on City of Carlsbad Tract No. 90-15 (Aviara Planning Area 24 - Unit 3) recorded on September 17, 1992 as Final Map No. 12971, Map Records of San Diego County, California. (covers Aviara Planning Area 24 - Unit 3) Lots 1 through 35, inclusive, as shown on City of Carlsbad Tract No. 90-15 (Aviara Planning Area 24 - Unit 4) recorded on September 17, 1992 as Final Map No. 12972, Map Records of San Diego County, Califdrnia. (covers Aviara Planning Area 24 - Unit 4) .10L11914.A52 062356875 02/10/94 LJS:jw5 . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Loeb and Loeb 1000 Wilshire Boulevard Suite 1800 Los Angeles, California 90017 Attention: Michael Langs, Esq. SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF EARLY COMMENCEMENT OF ASSESSMENTS Pursuant to that certain Restated Supplementary Annexation for Phase II and Administrative Modification of Declaration dated , 1994 and recorded _ 1994 as Instrument No. in the Official Records of San Diego County, California, the undersigned Declarant, being the sole owner of those certain Lots or Units within Phase II of Aviara more particularly described on Exhibit "A" attached hereto, does hereby execute and record this Certificate to implement and effect with respect to said Lots or Units the commencement on 19 of Regular Assessments of the Aviara Master Association under the Third Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Aviara (the "Declaration") recorded September 16, 1991 as Instrument No. 191-047530 Official Records of said County and the voting rights applicable thereto. Unless separately defined herein, the capitalized words used herein shall have the meaning set forth in the Declaration. IN WITNESS WHEREOF, the Declarant has executed J0L11914.A52 062356875 02/10/94 LJS:jw5 EXHIBIT "Al" [IJ this Certificate of Early Commencement of Assessments as of this day of , 199_. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, General Partner By Its By Its By: Republic Development Company, a California Corporation, Genera]. Partner By By J0L11914.A52 062356875 02/10/94 LJS:jw5 EXHIBIT "A-i" Its Its S CCMEAL MC 2 HOM 275 10 97OFffai.e 82 '11 TA,RT 2.4 73 IET, las TOTAL I 516 CX-EN SPACE g < 243 5S SUMMARY The numbe' of Dwelling Units or Lots shown on this Exhibit is the maximum permitted to be oeveloped within the Overall Property under the 'iaste' Plan approved by the City of Carlsbad in Noveoer 1987, and any subsequent amendments following the City's adoption of certain grow --n control measures, As described in Section 1.091 of -the Master Declaration, reductions in the actual number of Lots or Dwelling Units (whether the result of changes requested by Merchant Builders in the scope type or Lot size of Individual Projects - i.e., s.ngle-family, multi-family, etc., conditions imposed on land ,.se approvals or otherwise) will reduce the 'Authorized Dwe(:ng Units' used by the Master Association in cc'-puting the dollar amount of Regular Assessments pursuant to Section 5.01 of -rle Master Declaration. Although these reductions will in turn reduce the number of Lots or Dwelling over which Regular Assessment Will be spread and may therefore increase the Regular Assessment on a per Lot or per Dwelling Unit basis, it is not expected that the actual number of Authorized Dwelling Units within Aviara will be less than the 2002 Lots contemplated by the Carlsbad Unified School District Mello- Roos Community Facility District formed in 1990. TOTALS: 962.6 GR$S ACS 2049 UNITS L.A I•L.1f1 hAl (HIBT B N DEVELOPMENT PLAN ,CRfl4 SCM.E r' LPOATE 29 CCTOEM 19M . . DEVELOPMENT AVIARA m ~* J"' ~- NORTH SCALE LFOATE . This Is a reduced copy of a portion of the Master Ma intenance Plan approved by the C;t A futi sized copy of this portion of the Ftc (sometimes reffered to as the Master Assoca;-talon Maintenance Areas Plan) is on file in the office of the Master Association, Ur_ ATIQUITOS LAsGOONJ FOOM MASTER ASSOCA11ON MAONENANCE AREAS 7~,d IWtIPM 4flH l{ Ii r=3 LPQTB Costa Recf__~[,::a~ Municipa Water District 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Oept 438-3367 January 23, 1989 Attn: Mr. Tony German Hillman Properties Carlsbad, California 9200.8 Subj: Aviara (Pacific Rim Development) Carlsbad-Tract Mo. 85-35 Dear Tony: The subject project is located within the Costa Real Municipal Water District service area. Water service can be made available to subject property and may be developed at the time an application for service is completed, and all applicable fees are paid. - The applicant shall meet the conditions of the Costa Real Municipal Water District and its Water Master Plan. The applicant shall also meet the conditions' of Local Facilities Management Zone 19. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987. The entire water system is being evaluated in detail to assure that adequate capacity for domestic, landscaping and fire flow demands are met. Regarding fees and deposits: The developer will be respon- sible for the major facility charge which will be collected at time of issuance building permit. Please contact the undersigned if you have any questions regarding this project. Very truly yours, F.er Whitle Engine y ing Supervisor FJW: jcm CRMWD 86-503 q Carlsbad Unified School District $01 Rao Avenue, Carlsbad, California 92008-24$9 (619) 729.9291 FAX# (619) 729.0686 "All Students Can Learn' QMW OFTRUSTSES JAMES MCCORMCK Prcddt JVLL&NNE L. W'GA4%1D Vice PeWc.t JOE ANGEL Clerk J. EDWARD 8WTZER, JB. Mcubar DONALD M. JOHNSON Umber DISTRICT ADMINISTRATION THOMAS L UERI..EY, E.LD. $uperinkndnt SUSANHARUML BENTLEY, E Aeoetnnt Suporint4ondent lntrctional Servie JON H. BL..4R Mscaat Suportho4cat Buidnom &Moe GERALD C. '1'AP.144N Aitdnt Superintendent Famonnot Sorf1cc2 ChERYL ERN$D Director Sic rnter' Education DEW1B L FEASL Mnu.gar FcflitRflntennce/ Operatcnc October 173 1990 Mr. Mike Hottznvfller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 Dear Mike, This letter Is to confirm the availability of school facilities as required in the Zone .19 Local Facilities Management Plan. As you are aware, all school facility requirements were met through the formation and participation In the Mello-Roos, therefore allowing the District to build Aviara Oaks school to meet anticipated student growth at build-out of Zone 19. Sincerely, Georg'ana Kirby 6 Information Systems Manager! Long Range Planning gk/st Distinguished School Board Award 1984, United States Department of Education - 'r'- -- - ,- -? f---- -'-' •-- - -: CITY OF CARLSBAD 1200 CARLSBA LLAGE DRIVE CARLSBAD, OFORNIA 92008 438-5621 REC'D FRO 54 DATE ACCOUNT NO DESCRIPTION AMOUNT op to 17' 416A CA-0"C- o 1/ ' 7-_'o3) I 7262 04/16/92 0001 01 05 RECEIPT NO. 11785 TOTAL lq CITY OF CARLSBAD 1200 cARLSBA LLAGE\ DRIVE CARLSBAD, OFORNIA 92008 438-5621 RECD FROM (1 )W(LL kL J --t( iC DATE ACCOUNT NO. DESCRIPTION AMOUNT h(HI-OOO J1 7282 04116192 (0)1 (Y105 Him 1/ RECEIPT NO. 1178% TOTAL C CTYOFCARLSBAD 1200 ELM *NUE '' CARLSBAD, CALIFOA 92008 4385621 REC'D FROM 4455U'.00 - 44o ACCOUNT NO. DESCRIPTION AMOUNT c1rl RECEIPT NO. 101491 TOTAL J41 \7- r PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 36 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this applicatio mplete. When the application is complete, the processing period willst upoo the date pl\the completion letter. Applicant Signature - Staff Staff Signatur: UAPI tyw To be stapled with receipt to application Copy for file tNOR7 N. 1144 • 101 %$IaIlaI1IIllaaIuIII.u.il II 00000, z z C) m 0 a a C) cu ' -o Cl) 04 100 100 00 All a a a a # a a a a a .Iu• III I a #øa a a a a a a a a I IIUU IIi * a * a a a a a a a a a lIIIIIII 111111...: a a a a S a a a SIIII•UIIIIUIII.II.iiiiiiiiiiii.ipiiS . a - a a a a S a 'a' CO 0 li C4 REAL AA LOW 1- AIRPORT • • - • U U S S -- • --a--- • U a • • • S U U • • • - U U U a S • a .uu,I.ulII: : • £111115 • U 5 • • • .0 S - • U U a U U • • a - U U U • • - a a ullIllIuIl. • U U U . • U - U U U • 4(Q4 uuhuuuuuu: • U U S UI' 0 FID 4 \L. £11 111111 I: - - U • U • a • 1iuit S U OP U 115 xic.isiiiis:-i LA '1 City of Carlsbad ILl (I MU'-RA PLANNING .A 3 I CT 904F-UD 91—b IW •-\ ... 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