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HomeMy WebLinkAboutCT 90-34; AVIARA PA 29; Tentative Map (CT)PA 27 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) I- -I -I Master Plan Specific Plan ............. E Precise Development Plan... Tentative Tract Map........ Planned Development Permit Non-Residential Planned Development Permit........ Condominium Permit......... Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... Administrative Variance.... General Plan Amendment...... Site Development Plan....... Zone Change................. E Conditional Use Permit...... E Hillside Development Permit. Environmental Impact Assessment................ Variance.................... Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... -. -. 2) LOCATION OF PROJECT: ON THE NORTH —1 SIDE OF! Batiquitos Drive (NORTH, SOUTH, EAST, WEST) . (NAME OF STREET) BETWEEN F Aviara Drive AND F 1-5 __] (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:[ Portions of Sections 27 and 34 Township 12 souti, [ Range 4 West, San Bernadino Meridian, in the City of Carlsbad, County of San Dicgo. 4) ASSESSOR PARCEL NO(S). 215-040-23, 216-111-08,09 5) LOCAL FACILITIES[ig 6) EXISTING GENERALI ' "N1OSI 7) PROPOSED GENERAL[Same J MANAGEMENT ZONE PLAN DESIGNATION ' PLAN DESIGNATION 8) EXISTING ZONING! PC J9) PROPOSED ZONING! Same J10) GROSS SITE 16.7 J ACREAGE 11) PROPOSED NUMBER OF 3 J12) PROPOSED NUMBERf 41 J13) TYPE OF T SF RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITSJ N/A COMMERCIAL INDUSTIR.AL) 15) PROPOSED INDUSTRIAL I N/A 16) PROPOSED COMMERCIAL J N/A 1 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE AR I CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L 18% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS L39 TRAFFIC LO 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: [ Temtative Map for 39 single-family homes on minimum 7,500 square toot lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) D. L. Clemens NAME (PRINT OR TYPE)D.L. Clemens MAILING ADDRESS 2011 Palomar-Airport R. Suite 206 MAILING ADORESS2011 Palomar Airpor Suite 206 Rd çi AjDTA Larlsua 92009 Z 191931 TL1EONE 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 ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF H KNOWLEDGE. /'/ SIGNATURE DATE 7 FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED c_qo TOTAL FEE REQUIRED .28ocx7 DrnF 11.-16qo I QVBsieivoiO AU3 O6 91,\ON -0 x A A X"ah 2 a - DATE STAMP APPLICATION RECEIVED RECEIVED BY: [L1 J L"i •j1 STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 PRELIMINARY REPORT March 26, 1991 HILLMAN PROPERTIES WEST, INC. YOUR NO. PH II/PA 27 2011 PALOMAR AIRPORT RD., #206 OUR NO. 106117-10 CARLSBAD, CA LOAN REF: AVIARA LAND ASSOCIATES 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 MARCH 22, 1991 AT 7:30 A.M. LORETTA RANGER/mr TITLE OFFICER 0 1 .1 . 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 #. . 1 1 . 106117-10 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 fl . 106117-10 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 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 THE SOUTHWEST CORNER OF LOT 304 OF CITY OF CARLSBAD TRACT 85-35, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989; THENCE NORTH 57 °31'20" WEST 92.23 FEET TO THE BEGINNING OF A TANGENT 334.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE 103.55 FEET THROUGH A CENTRAL ANGLE OF 17 °45'50"; THENCE TANGENT TO SAID CURVE NORTH 7517'10" WEST 887.35 FEET TO THE BEGINNING OF A TANGENT 566.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 487.32 FEET THROUGH A CENTRAL ANGLE OF 49 °19'50" A RADIAL LINE TO SAID POINT BEARS NORTH 6402'40" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 5046'54" EAST 91.10 FEET; THENCE NORTH 61 °43'52" EAST, 125.00 FEET TO THE BEGINNING OF A NON-TANGENT 730.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6143'52" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE 32.51 FEET THROUGH A CENTRAL ANGLE OF 233'06" TO THE END OF SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 5910'46 WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 61 °32'05' EAST 107.98 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 55.99 FEET THROUGH A CENTRAL ANGLE OF 727'36"; THENCE RADIAL TO SAID CURVE SOUTH 35 °5531" EAST 77.17 FEET; THENCE SOUTH 4331'01" EAST 56.44 FEET; THENCE NORTH 8903'00' 541.16 FEET; THENCE NORTH 4158'40" EAST 403.82 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 304; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 3151'00" EAST 312.96 FEET; THENCE SOUTH 6 °33'30" EAST 495.49 FEET; THENCE SOUTH 1429'30" WEST 241.04 FEET TO THE POINT OF BEGINNING. .,., . 106117-10 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 'HIS 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. 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 AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: SEPTEMBER 7, 1983 BY AND BETWEEN: N.E. 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 3. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE -1- .,.. . SCHEDULE B CONTINUED 106117 -10 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. 4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: AUGUST 29, 1986 BY AND BETWEEN: W.H. HUNT AND N.B. HUNT AND THE CITY REGARDING: RECORDED: 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. 86-509319 OF OFFICIAL RECORDS 5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: OCTOBER 16, 1987 BY AND BETWEEN: W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 6, 1988 BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND REGARDING: RECORDED: 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 7. 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 -2- .., . SCHEDULE B CONTINUED 106117-10 TRUSTOR TRUSTEE BENEFICIARY RECORDED 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 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 PARTNERSHIP, TO RECORDED A DELAWARE CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT ;IvEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEI )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, 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 -3- .,., . SCHEDULE B CONTINUED 106117-10 I 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 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: 1AVIARA 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 . . SCHEDULE B CONTINUED 106117-10 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: 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 13. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: IJUNE 28, 1989 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, REGARDING: RECORDED: A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 14. 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. -5- ..., . SCHEDULE B CONTINUED 106117-10 FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDMENT AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO. 91-57543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-114756 BOTH OF OFFICIAL RECORDS. 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JAPRIL 17, 1990 BY AND BETWEEN: IAVIARA 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 OF OFFICIAL RECORDS 16. 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 17. 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 ±3Y: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19, 1990 AS FILE NO. 90-674118 OF OFFICIAL RECORDS I CLTA Preliminary Report Form . CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STEWART TITLE Page 1 of GUARANTY COMPANY CLTA Preliminary Report Form 0 [i 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date . - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT— FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu- lations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, di- mensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 Page 2 of 4 STEWART TITLE GUARANTY COMPANY CLTA Preliminary Report Form 0 0 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein the as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char- acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protec- tion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affect- ing the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STEWART TITLE Page 3 of 4 GUARANTY COMPANY . . CLTA Preliminary Report Form 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay , costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. REV. 1990 STEWART TITLE Page 4of 4 GUARANTY COMPANY 4'- ¶ - I- 4. A , - 5'OO"E 47 A -S'S •C Il/I - N. TS. PRO CEO URE OF SUR yE Y 9 V21'78',51 "E 79.06' 7000-,. - N4673'59"E - 66.94' N634824 E 11873' LOT N834832"W 183.08' -/ N2377'49"E N85'00'00"W 15716' 71.00' 1 N2030'00"W / LOT 71743' e4 N25•30'OO"E.' N1045'00"W - 0 223.00 5300' - N3YJO'OO"E N55'JO'00"E \\ p" // 146.00' 52. 00' N7730'00"E N - 358.00' N LOT 7 N5510'00"E N7558'00"E 167.00' 74" IRON PIPE ' --- - 42.00' /SC MARKED 'S 2201 )S 7676, 6269, AND A N73 50 00 W tJ8J6 '90 "4' - -. 99.00'--- 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 RD., $206 OUR NO. 101274-10 CARLSBAD, CA LOAN REF: 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, 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 OCTOBER 12, 1990 AT 7:30 A.M. LORETTA GRANGER,1€ lá' TITLE OFFICER I S 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 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 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 PHASE II, 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 PLAT THEREOF. I . 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 1990-91, 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 PUR] DOSES 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 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 2459'39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 5306'06" EAST, 25.00 FEET TO THE TRUE -1- . I SCHEDULE B CONTINUED 101274-10 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 5306'06" EAST, 135.00 FEET. AN AGREEMENT PARTICULARS DATED: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL BY AND BETWEEN: 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 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: 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 ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553, PAGE 334 OF OFFICIAL RECORDS. AS SET FORTH THEREIN AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY, • CORPORATION • 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 moc I . SCHEDULE B CONTINUED 101274-10 RECORDED: DECEMBER 4, 1959, DOCUMENT NO. 250359 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND'INCIDENTAL PUR] DOSES 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 DOSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR: AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED: MAY 26, 1976 AS FILE NO. 76-159954 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 10. AN EASEMENT AFFECTINC ; SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl DOSES 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 AFFECTIN( ; SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL P0Th 'OSES 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 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -3- SCHEDULE B CONTINUED I 101274-10 RECORDED: SEPTEMBER 7, 1983 N.E. 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. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: AUGUST 29, 1986 BY AND BETWEEN: W.H. HUNT AND N.E. HUNT AND THE CITY REGARDING: RECORDED: 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. 86-509319 OF OFFICIAL RECORDS 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: OCTOBER 16, 1987 BY AND BETWEEN: W.H. HUNT AND N.E. HUNT AND THE CITY OF CARLSBAD REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: NOVEMBER 19, 1987 AS FILE NO. 87-647735 OF OFFICIAL RECORDS 16. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 6, 1988 BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP -4- . I SCHEDULE B CONTINUED 101274-10 (LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS 17. AN EASEMENT AFFECTIN( SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl 'OSES 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 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 TRUSTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE FIRST INTERSTATE BANK 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 AVIARA 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 A FINANCING STATEMENT ;IvEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEI )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 -5- . . 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 J 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. 89-345754 of Official Records Subordinated to EASEMENT Recorded JUNE 29, 1989 AS FILE NO. 89-345753 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 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 AS 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 S . . SCHEDULE B CONTINUED 101274-10 Recorded Subordinated to Recorded JUNE 29, 1989 AS FILE NO. of Official Records EASEMENT JUNE 29, 1989 AS FILE NO. of Official Records 89-345760 89-345759 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. 89-345762 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 FILE 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 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 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED JULY 9, 1990 AS FILE NO. 90-369911 OF OFFICIAL RECORDS SUBORDINATED TO DEED RESTRICTION (OPEN SPACE) RECORDED JULY 9, 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 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. 20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 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 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. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE 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. 89-19610 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 26. 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 FILE NO. 89-345757 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE . . 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. 89-345765 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: 1AVIARA LAND ASSOCIATES LTMTrPfl PAPTJPTP REGARDING: RECORDED: A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE 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 HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS FOR: THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF 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 oses 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: 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 36. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: FEBRUARY 12, 1990 BY AND BETWEEN: 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, TO WHICH REFERENCE IS HEREBY MADE FOR FULL REGARDING: RECORDED: -11- S . SCHEDULE B CONTINUED 101274-10 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 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- c .', CITY OF CARLSBAD 1200 ELM &NUE CARLSBAD, CALIFO IA 92008 438-5621 CIL /oc REC'D FROM k C k'-o-á SCC. 94i?bE/9O)OOkIt/( C-PRMT 280() ACCOUNT NO. DESCRIPTION AMOUNT RECEIPT NO. 101655 TOTAL k' o - - -S . . CT 9 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this applicatj.jm-ttmplete. When the application is complete, the processing period wj1L.4a-it upo the date ofte completion letter. Applicant Signature: Staff Signature: -J4-- Date: - • To be stapled with receipt to application • Copy for file • O dzvsk City of Carlsbad DISCLOSURE STATEMENT APPUCANTS 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: 1. Applicant Ust the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership 2011 Palomar Airport Rd., Suite 206 Carlsbad, CA 92009 2. Omer List the names and addresses of all persons having any ownership interest in the property involved. Aviiri Land Cnmpiny, a Plaware RApllhiic Pevelopnient, a corporation California corporation 450 Newport Center Drive, Suite 304 180 N. Riverview Drive Newport Beach, CA 92660-7640 Suite 130 CA 92808 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners interest in the partnership. 1. Henry Hillman Address: 450 Newport _Center _Drive Suite 304 Newport Beach, CA 92660-7640 4. If any person identified pursuant to (1) or (2) above is a non-profit organization Or a trust, list the names addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic; of the trust. N/A e 0 Disclosure Statement Page 2 S. 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 x 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: Attach additional pages as necessary.) Signature of OvnQr/ ate Signature"ofi'pplicantldate D.L. Clemens 11/15/90 D. L. Clemens 11/15/90 Print or type name of owner Print or type name of applicant fl EXHIBIT A LEGAL DESCRIPTION PLANNING AREA 27 THOSE PORTIONS OF SECTIONS 27 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 LOT 304 OF CITY OF CARLSBAD TRACT 85-35, PHASE I, UNIT "B", MAP NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 30, 1989, SAID CORNER BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF BATIQUITOS DRIVE AS SHOWN ON SAID MAP NO. 12413; THENCE NORTHWESTERLY ALONG A PROJECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 57°31 '20" WEST, 92.23 FEET TO THE BEGINNING OF A TANGENT 334.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 045 ,50" A DISTANCE OF 103.55 FEET; THENCE NORTH 75°17'10" WEST, 887.35 FEET TO THE BEGINNING OF A TANGENT 566.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49 0 19 ,50" A DISTANCE OF 487.32 FEET; THENCE NORTH 50°46 '54" EAST, 91.10 FEET; THENCE NORTH 61o43 1 52" EAST, 125.00 FEET TO A POINT OF THE ARC OF A 730.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 61 0 43 ,52" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°33 '06" A DISTANCE OF 32.51 FEET; THENCE NORTH 61°32 1 05" EAST, 107.98 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 7°27 '36" A DISTANCE OF 55.99 FEET; THENCE RADIAL FROM SAID CURVE SOUTH 35 0 55 1 31" EAST, 77.17 FEET; THENCE SOUTH 43°31 , 0111 EAST, 56.44 FEET; THENCE NORTH 89°03 '00" EAST, 541.16 FEET; THENCE NORTH 41 058'40" EAST, 403.82 FEET TO THE WESTERLY LINE OF SAID LOT 304; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING: SOUTH 31°51 '00" EAST, 312.96 FEET; THENCE SOUTH 06°33 '30" EAST, 495.49 FEET; THENCE SOUTH 14°29'30" WEST, 241.04 FEET TO THE POINT OF BEGINNING. SAID PORTIONS CONTAIN 16.647 ACRES OF LAND, MORE OR LESS. 9 P.A. 27 SPOIL SITE SUMMARY The mound of soil on P.A. 27 was originally generated by the excavation of the Hotel parking garage. It was set aside in July of 1990 at the request of the Broccato Developers for use in constructing Batiquitos Drive through the Broccato Subdivision. They had told us that they intended to be grading in September of 1990, thus implying that the soil would only be there approximately 2 months. Things did not go as they had planned and the soil remained in that location until now. As of this date, the soil is being removed per the Aviara Phase II Grading Permit for use in the overall project earthwork, and will be obliterated by the end of August. Attached is a plan showing the limits of the pile, as well as the coastal resource area adjacent. Because the soil will be removed prior to Planning Commission action on the P.A. 27 Tentative Map and because it has already been addressed in the mass grading we request that staff continue processing our P.A. 27 Tentative Map application. CRN/lao pa27spst.aco . S 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. 4re NOVEMBER 16, 1990 Date D.L. Clemens Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 o City Engineer CITY OF CARLSBAD 2075 La Palmas Or. Carlsbad, CA 92009-4859 PROPOSED TENTATIVE MAP NO._____________ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 642, of the. Subdivision Map Act and I (we) will make the notifications to the tenants requ:r: therein. DATE OWNER DATE OWNER 27.1 Estlfshes rsquirnts for notice to tenants wd right of tats to ezctiaiv, contract for purchase in cinita caity apsrtt or stock cooperative projects. y The Legislative body shalt not approve a final moo for a subdivision to be created from the conversion of resicenc'a. real, property into a conøcmirmmi project, a commjnity apartment project, or a Stock cooperative project unless it fincs a of the following: (a) Each of the tenants of the proposed condominium, camuiity apartment project or stock 0000erative Project as received, pursuant to Section 66452.9 written notification of Intention to convert at least 60 days prior to the fitng c a tentative map pursuant to Section 66452. There shalt be a further finding that each such tenant, and each person aPpLy'-; for the rental of a unit in such residential real property, has, or will have, received all applicable notices arc rt;nts or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shaLt be mace :'a: each tenant has received 10 days 'written notification that an application for a "tic report wiLl, be, or has been, suitec to the Oeoartmenc of Estate, and the such report wilt be available on request. The written notices to tenants reqw"e' by this subdivision shall be deemed satisfied if such notices comply with the LegaL requirements for service by mail. (b) Each of the tenants of the proposed condeminije, coerLt'iity apartment project, or stock cooperative Project has been, or will be, given written notification within 10 days of approval of a final map for the proposed converstn. (C) Each of the tenants of the proposed condominium, community apartment project, or stock ocperative project has been or will be, given 180 days written noticeof intention to convert prior to the termination of tenancy cue to t"e conversion or proposed conversion. The provisions of this subdivision shalt not aLter or abridge the rights or :cLigat'trs of the parties in performance of their covenants; including, but not 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 condom,inii.ri, community apartment project, or stock cooperative Project has been or will be, given notice of an exclusive right to contract for the purchase of his or mot respective unit ..ocn :re same terms and conditions that such unit will be initially offered to the general public or tine more favorable to tn tenant. The right shalt n.m for a period of not Less than 90 days from the data of issuance of the subdivision puolc rwort pursuant to Section 11018.2 of the Ousiness and Professions Code, unless the tenant gives prior written notice of his or ler intention not to exorcise the right. (e) This section shalt not diminish, limit or expand, other then as provided herein, the authority of any city, county, or city and couity to approve or disapprove coo imium projects. CAmendad, Chapter 1128, Statutes of 19801 . S Carlsbad Unified School District $Ot Ptne Avenue, Carlsbad, California 92008.2459 (619) 729.9291 FAX# (619) 729.6$5 "AU Students Can Lear ao4tLw OF TRUSTEES JAMES McCQRMXCC Prvaldent .TiUMWE L. NGAJUD Vce Proidctt JO ANGEL Clork J. EDWARD STZER JR. DONALfl M. JOSN Mcmbr !STRICT ADMtNTsT1'ATtO THOMAS L BRXRI..EZ Snper{nkndent SUS.HARJMt BENTLEY, £d.b. 46tflt Superfntdcnt Znt.r1cttGrta1 SMc JOHN H. BL4R .3Qtt 5upsrin3neat Buln &rfO4 GERALD C. ARAN *,ta.t Suntndnt VvrQnnsl S'3r'icc. CHERYL ER..4ST Director E1arae2trV Eduu DEWAThE L. PEASEL Mrngcr Operath,na October 17, 1990 Mr. Mike Holtzmiller 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-cut of Zone 19.. Sincerely, y&2q Georg(ana Kirby t5 Information Systems Manager! Long Range Planning gk/st . 0 Costa Red_`6-~ Vunicipa Water District 4L WP' 5950 El Carniric Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Oep 438-3367 January 23, 1989 Attn: Mr. Tony German Hillman Proerties Carlsbad, California 92008 Subj: Aviara (Pacific Rim Development) Carlsbad-Tract No. 85-35 Dear Tony: The subject project is located within the Costa Real Municipal Water District service area. Water service can be made available to subject property and may be developed at the time an application for service is completed, and all applicable fees are paid. The applicant shall meet the conditions of the Costa Real Municipal Water District and its Water Master Plan. The applicant shall also meet the conditions of Local Facilities Management Zone 19. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987. The entire water system is being evaluated in detail to assure that adequate capacity for domestic, landscaping and fire • flow demands are met. Regarding fees and deposits: The developer will be respon- sible for the major facility charge which will be collected at time of issuance building permit. Please contact the undersigned if you have any questions regarding this project. Very truly yours, F. er'y Whitle Engineèing Supervisor FJW: jCrn CRMWD 86-503 SEE t : 41v/ A, FOR GRADIN TV PHASE It AVIARA SHEET 2 OF 4 CITY OF CARLSBAD DEVELOP PROC RVA DLV