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Home My WebLink AboutCT 90-35; AVIARA PA 29; Tentative Map (CT)S I PA 29 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) Master Plan .................________ D Specific Plan .... ... ... ... 11 .________ Precise Development Plan... Tentative Tract Map ........ .._________ Planned Development Permit El Non-Residential Planned Development Permit ........ ..________ El Condominium Permit ......... ..________ El Special Use Permit ...... Redevelopment Permit ....... ..________ Tentative Parcel Map ....... .________ El Administrative Variance.... General Plan Amendment...... El Site Development Plan....... El Zone Change................. El Conditional Use Permit...... Hillside Development Permit. El Environmental Impact Assessment................ El Variance.................... El Planned Industrial Permit... Coastal Development Permit.. El Planning Commission Deter... I- I- -I -I 2) LOCATION OF PROJECT: ON THE North ISIDE OFL Batiquitos Drive (NORTH, SOUTH, EAST, WEST) . (NAME OF STREET) BETWEEN [ Kestrel Drive J AND 1-5 (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:f Portions of Sections 27 and 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego ________________________________________________ 4) ASSESSOR PARCEL NO(S).J214_170_51; 215-040-23 5) LOCAL FACILITIES J 1 9__1 6) EXISTING GENERAL LM, flM, RM I !same PROPOSED GENERAL MANAGEMENT ZONE PLAN DESIGNATION PC, N, OS I LAN DESIGNATION 8) EXISTING ZONING [PC j9) PROPOSED z 0NINGI same J10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF E 32 112) PROPOSED NUMBERJ 34 113) TYPE OF SF RESIDENTIAL UNITS L OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS[ N/A I COMMERCIAL INOUSTIRAL) 15) PROPOSED INDUSTRIAL 16) PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE I CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 -717) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 27% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS. 32 TRAFFIC 320 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: J Tentative Map for 32 single-family homes on minimum 7,500 square foot lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TypE ' Aviara Land Associa 1E (PRINT OR TYPE' Aviara Land A Limited Partnership Limited Partne MAILING ADDRESS 2011 Palomar Airport Rd. MAILING ADDRESS 2011 Palomar Airpor Suite 206 Suite 206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 619/931-1190 Carlsbad, CA 92009 619/931-11 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE FORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST 0 M KNOWLEDGE. INFORMATION IS T AND CORRECT TO I E DATE THE BEST OF MY K OW EDGE. A SIGNAT DATE B. L. Cleine 11/15/90 B. L. Cle ens 11/15/90 ************************************************************************************** FOR CITY USE ONLY wil P r, 41 V ng FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED NOV18 1990 Cr PO)y 6 O' 00 C.ff C .PARLSBAD. _IV El V ED RECEIVED BY: 2coo J I I TOTAL FEE REQUIREDI 2-°'-' I DATE FEE PAIDI RECEIPT NO.! 1016 ;sqc sIIi 10 1. . . STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 921 (619) 692-1600 Receraved Fourth Superseding PRELIMINARY REPORT July 05, 1991 JUL 24 199 CITY OF CARLSBAD DEVELOP F?ROC SERV. DIV. HILLMAN PROPERTIES WEST, INC. YOUR NO. AVIARA PEASE 2 2011 PALOMAR AIRPORT RD., 1206 OUR NO. 101274-10 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 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 JULY 03, 1991 AT 7:30 A.M. ORETTA ANGER/mr TITLE OFFICER . . 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: AFEE 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 I . . 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 PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 034'09" 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 *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 CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 9230'00"; THENCE TANGENT TO SAID CURVE SOUTH 1443'00" 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 7212'00"; THENCE TANGENT TO SAID CURVE SOUTH 8655'00" 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 4710'50 WEST 350.89 FEET; THENCE SOUTH 4043'12" WEST 605.23 FEET; THENCE SOUTH 1745'00" EAST 846.44 FEET; THENCE SOUTH 1645'00" WEST 112.44 FEET; THENCE SOUTH 1258'00" EAST 1804.79 FEET; THENCE SOUTH 3151'00" EAST 700.07 FEET; THENCE SOUTH 633'30" EAST 495.49 FEET; THENCE SOUTH 1429'30" 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 2030'00" WEST 117.43 FEET; THENCE NORTH 850000" WEST 71.00 FEET; THENCE SOUTH 2530'00" WEST 223.00 FEET; THENCE SOUTH 1045'00" EAST 53.00 FEET; THENCE SOUTH 3330t00H WEST 146.00 FEET; THENCE SOUTH 5530'00" WEST 52.00 FEET; THENCE SOUTH 7730'00" WEST 358.00 FEET; THENCE SOUTH 551000" WEST 167.00 FEET; THENCE SOUTH 7558'00" WEST -1- I ( . 101274-10 42.00 FEET; THENCE NORTH 8356'00" WEST 117.00 FEET; THENCE NORTH 7350'00" 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 7316 12611 WEST 174.03 FEET; THENCE NORTH 8400'00' WEST 124.00 FEET; THENCE SOUTH 7800'00 WEST 447.00 FEET; THENCE NORTH 8300'00" WEST 123.73 FEET; THENCE NORTH 3217'46 WEST 561.76 FEET; THENCE NORTH 6915 10911 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 043'34" EAST 788.20 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, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 043134h1 WEST 788.20 FEET; THENCE NORTH 031'09" EAST 1357.67 FEET; THENCE SOUTH 8908'21 EAST 1358.22 FEET; THENCE NORTH 2317'49" EAST 157.02 FEET; THENCE SOUTH 8348'32" •EAST 182.90 FEET; THENCE NORTH 63*481241t EAST 118.59 FEET; THENCE NORTH 4613 15911 EAST 66.87 FEET; THENCE NORTH 21'18'51" EAST 78.99 FEET; THENCE NORTH 1441'04" WEST 271.89 FEET; THENCE NORTH 262456" WEST 112.98 FEET; THENCE NORTH 4410 13811 WEST 189.09 FEET; THENCE NORTH 3653 12611 WEST 81.01 FEET; THENCE NORTH 1721'54 WEST 96.54 FEET; THENCE NORTH 759'33" WEST 108.38 FEET; THENCE NORTH 353 '04" EAST 180.75 FEET; THENCE NORTH 3532'01" WEST 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 034'09" EAST 2485.34 FEET TO THE POINT OF BEGINNING. -2- S . I 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 1991-92, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUN YEAR 1990-91 INCLUDING PERSONA FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. Y AND/OR CITY TAXES FOR L PROPERTY TAX, IF ANY. $55,033.42 PAID $55,033.42 PAID $10,200,000.00 $-o- $-o- 09027 215-040-23 THE FISCAL SAID MATTER AFFECTS: A PORTION OF SAID LAND. lB. GENERAL AND SPECIAL COUN' YEAR 1990-91 INCLUDING PERSONA FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. Y AND/OR CITY TAXES FOR L PROPERTY TAX, IF ANY. $16,354.47 PAID $16,354.47 PAID $3,060,000.00 $-o- $-o- 09133 216-111-08 THE FISCAL SAID MATTER AFFECTS: A PORTION OF SAID LAND. 1C. GENERAL AND SPECIAL COUN' Y AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONA L PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $10,945.83 PAID SECOND INSTALLMENT: $10,945.83 PAID LAND: $2,040,000.00 IMPROVEMENTS: $-o- EXEMPT: $-o- CODE AREA: 09132 PARCEL NO. 216-111-09 SAID MATTER AFFECTS: A PORTION OF SAID LAND. -1- . SCHEDULE B CONTINUED 101274-10 1D. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $14,198.27 PAID SECOND INSTALLMENT: $14,198.27 PAID LAND: $2,601,000.00 IMPROVEMENTS: $-0- EXEMPT: $-o- CODE AREA: 09133 PARCEL NO. 214-170-51 SAID MATTER AFFECTS: A PORTION OF SAID LAND. THE FISCAL 1E. GENERAL AND SPECIAL COUN': YEAR 1990-91 INCLUDING PERSON FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. Y AND/OR CITY TAXES FOR L PROPERTY TAX, IF ANY. $12,624.81 PAID $12,624.81 PAID $2,340,900.00 $-o- $-o- 09132 216-150-18 THE FISCAL 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 AFFE( 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 crm A . 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: I NOVEMBER 22, 1976 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 6. AN EASEMENT AFFEC TING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAl PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, 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 7. 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 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: W.H. HUNT AND N.E. HUNT AND THE CITY -3- 4 4 I I SCHEDULE B CONTINUED 101274-10 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 10. 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 11. 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 12. AN EASEMENT AFFI CTING 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 TRtJSTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION a . SCHEDULE B CONTINUED 101274-10 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 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 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 -5- . . SCHEDULE B CONTINUED 101274-10 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 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 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 SUBORDINATED TO RECORDED OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED: JULY 3, 1991 AS FILE NO. 1991-0327680 4 I & SCHEDULE B CONTINUED 101274-10 OF OFFICIAL RECORDS SUBORDINATED TO: DEED 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 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. 15. 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 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- I., I : f, . . 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, 1989 BY AND BETWEEN: IAVIARA 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 SAID LAND 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. 89-345755 OF OFFICIAL RECORDS 21. 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 22. 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. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE jOR FULL PARTICULARS DATED: IJUNE 28, 1989 . SCHEDULE B CONTINUED 101274-10 BY AND BETWEEN: REGARDING: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1.989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 24. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY CONDOMINIUM. FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMEDMENT 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, 1991 AS FILE NO. 1991-0273692 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. 25. AN EASEMENT AFFECTINC SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl 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. 26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL a '~ 4, . SCHEDULE B CONTINUED 101274-10 PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: APRIL 17, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 27. 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 28. 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, 1 90-650703 AND 90-650704, ALL OF OFFICIAL RECORDS 29. 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 30. 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, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS. -10- PA . i NA 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., 1206 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. (M'A LORETTA GRANERA la' TITLE OFFICER 0 1 1 •1 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. 40 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 PUR] 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 245939" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 5306106t EAST, 25.00 FEET TO THE TRUE ac SCHEDULE B CONTINUED 101274-lU 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 -2- op Ll 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 PURl 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 AFFECTIN( 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 PURl DOSES 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- is SCHEDULE B CONTINUED 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: 1W.H. HUNT AND N. FT1NP AND PP rTmV 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- 40 SCHEDULE B CONTINUED 101274-10 (LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 IOF OFFICIAL RECORDS 17. AN EASEMENT AFFECTIN ; SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PUR] DOSES 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 OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, ASSIGNMENT WAS EXECUTED BY J 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 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 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. 89-345754 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 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 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- 0 S 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: 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 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-lU 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 I . 0 1 1 0 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 LIMITED PAP'P1WP9TP 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- 0 0 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 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: APRIL 17, 1990 BY AND BETWEEN: 1AVIARA 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 36. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: FEBRUARY 12, 1990 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, -11-- 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- ( • CITY OF CARLSBAD 1200 ELM WENUE CARLSBAD, CALIFOWIA 92008 438-5621 REC'D FROM 9418 dl Al%19V 04/i - CPRMT 2880 oOO ACCOUNT NO DESCRIPTION AMOUNT RECEIPT NO. 101656 TOTAL -. 0 a 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 wiTl state what is needed to make this application complete. When the application is complete, the processing period tJ.J -tlrt.upn the date p?) the completion letter. Applicant Signature: Staff Signature: Lí" Date: To be stapled with receipt to application Copy for'file I . 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. Aviara Land Associates Limited Partnership 2011 Palomar Airport Rd., Suite 206 Carlsbad, CA 92009 Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Avia-ri Land Cnmpny , n Pelawar Rc'piihi-ic Pevelopinnt, a corporation California corporation 450 Newport Center Drive, Suite 304 180 N. Riverview Drive Newport Beach, CA 92660-7640 Suite 130 Anaheim,_CA92808 It 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. 1. Henry Hillman It Address: 450 Newport _Center _Drive Suite 304 Newport Beach, CA 92660-7640 It 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 14 3. 4. S Disclosure Statement Page 2 5 Have you had more than $250 worth of business transacted with any member of City staff, Boarc I 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: Attach additional pages as necessary,) Signature of Owner/date Signature D.L. Clemens 11/15/90 D. L. Clemens 11/15/90 Print or type name of owner Print or type name of applicant S LEGAL DESCRIPTION PLANNING AREA 29 THOSE PORTIONS OF SECTIONS 27 AND 28, 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 NORTHWEST 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 THE FOLLOWING: SOUTH 89 0 08'26" EAST, 1358.20 FEET; THENCE NORTH 23°17' 49" EAST, 157.15 FEET; THENCE SOUTH 83°48'32" EAST, 183.08 FEET; THENCE NORTH 63 048 ,24" EAST, 118.73 FEET; THENCE NORTH 460 13'59" EAST, 66.94 FEET; THENCE NORTH 21° 18 1 5 1" EAST, 79.06 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE NORTH 88 042 1 10" EAST, 101.16 FEET TO A POINT ON THE ARC OF A 540.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS NORTH 88o06 1 5511 EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52047 '55" A DISTANCE OF 497.62 FEET; THENCE SOUTH 50 054 ,50" WEST, 601.12 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79 0 11 1 09" A DISTANCE OF 41.46 FEET TO THE BEGINNING OF A REVERSE 712.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 40°05 '59" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°09'09" A DISTANCE OF 511.39 FEET; THENCE SOUTH 88 056'50" WEST, 696.77 FEET TO THE BEGINNING OF A TANGENT 712.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°26'05" A DISTANCE OF 17.83 FEET TO A POINT ON SAID WESTERLY BOUNDARY LINE OF SAID RECORD OF SURVEY MAP NO. 107774; THENCE ALONG SAID WESTERLY BOUNDARY LINE NORTH 00°29'28" EAST, 382.81 FEET TO THE POINT OF BEGINNING. SAID PORTIONS CONTAIN 16.603 ACRES OF LAND, MORE OR LESS. 0 . . 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 Cit y 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. ure 1 Date D.L. Clemens Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM.: PLANNING 37. REVISED 3/80 I, ST 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 t (we) have read Section 4Z. of the Subdivision Map Act and I (we) will make the notifications to the tenants req..r: therein. DATE OWNER DATE OWNER 6M7.1 Esttith.e requirements foe notice to teisits and ri ght of tns to ucLiaiye contract for purchase in coriniia c.a1i ty ap.rit or stoct cofatiie projects. : The Legislative body shalt not approve a final mao for a subdivision to be created from tno conversion of resenta. reel property into ,& condominium project, a community apartment project, or a stock cooperative project unless it finos a, of the fLLwing: (a) Each of the tenants of the proposed coedaminiun, coves.aiity apartment project or stock coocierative orajece as received, pursuant to Section 66452.9 written notification of intention to convert at Least 60 days prior to the fiLrg a tentative map pursuant to Section 66452. Ther, shalt be 'a further finding that each such tenant, and each cerson apoty'g for the rental of a i.riit In such residential real property, has, or wilt have, received alt applicable notices and rtgnts -c.. or hereafter , required by this chapter or Chapter 3 (cam*ncing with Section 64451). In addition, a finding ShaLl be nice rat each tenant has received 10 days written notification that an application for a public report wiLt be, or has been, suQnftttc to the Oeoartmenv of 2eal Estate, and the such report wiLt be available on request. The written notices to tenants reputec • by this suodivision shalt be deemed satisfied if such notices cavly with the Legal requirements for service by mail. (b) Each of the tenants of the proposed cordinii.s, community apartment project, or stock cooperative orojeo: has been, or will be, given written notification within 10 days of approval of a final up for. the proposed conversion. Cc) Each of the tenants of the proposed condoninft.e, ccii'ra.aiity apartment project, or stock cocceritive project has been or will be, given 10 days written notice of intention to convert prior to the termination of tenancy cue to re conversion or proposed conversion. The provisions of this subdivision shalt not alter or abriege the rights or 301 igir'.rs of the parties in performerucs, of their covenants; including, but not limited to, the provision of services, payments of rert or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed conda'utniun, community apartment project, or stock cooperative Project has been or will be, given notice of an excLusive rignt to contract for the purchase of his or her respective unit ..ocn re same terms and conditions that such unit wiLt be initially offered to the general public or terms more favoraote to tenant. The right shall n.ru for a period of not Less than 90 days from the date of issuance of the swivisicn puolc reoort pursuant to Section 11018.2 of the Susiness arid Professions Code, unless the tenant gives prior written notice of Mis or "ter intention not to exercise the right. Ce) This suction shalt not diminish, Limit or expand, other then as provided herein, the authority of any cty, county, or city and ceaity to approve or disapprove condmsiriiva projects. CAmerided, Chapter 1125, Statutes of 19601 a, 0 -r?--,, Costa RecFF Municipc Water District 41 WP 5950 El Camino Real, Carlsbad, CA 92008 ' Telephone: (619) 48-2722 Engineering Oept 48-3367 January 23, 1989 Attn: Mr. Tony German Hillman ProDerties Carlsbad, California 92008 Subj: Aviara (Pacific Rim Development) CarlsbadTract No. 85-35 Dear Tony: The subject project is located within the Costa Real Municial 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' ondition of Local Facilities Management Zone 19. Installation of any facilities shall be in accordance with the District's "Standard Plans and Scecifications' 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, 4. i4 F. erg Whitle Engineà±ixig Supervisor FJW:jcm CRMWD 8-503 Carlsbad Unified School District 801 Piic Avenue, Carlsbad, California 92006-2439 (619) 129.9291 FAX# (619) 129.0698 "All Students Can Learr, QALW OF TRUSTEES JAMES MCQRMICX Praiddant JVLMNNE L. NYGAARD Vao Pr4idcat 40E ANGEL Cork J.EDWtBD 8WI12ER, JR. Mombcr DONALD M. JOHNSON Member DISTRICT kDM1NT9TRNFt0 THOMAS E. B&ERLE?, Ed.D, Supc1ntndit SUS4tN.NARUMI flEL'LEZ Ed.D. Miotant Sunndcnt 1atructtona1 &Moa JOM H. BL4XR Miataat Spnat BuAineu Srvidos GERALD C. 'DAM.AN M4tan Suprintndcnt ?rconut Scrrtcci CHERYL ER4ST Director Elsmontal7 Edthrn DEWAYNE L. PEASEL M41n4gar Pcflti Man an/ Oprn4on October 17, 1990 Mr. Mike Holtzniiuler 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-Rocs, therefore allowing the District to build Aviara Oaks school to meet anticipated student growth at build-out of Zone 19. Sincerely, W4ø Georg'ana Kirby ci Information Systems Manager! Long Range Planning gk/st TYPICAL LOT DRAINAGE NOT TO SCALE '• :''w -----" .•'\' NOTE. THE MAXIMUM DEPTH OF STORM DRAIN WITHIN PA 29 IS 28' _____ SECTION ill! OWRFLOW + + AND KMERGENCV ACCOS. OK N 25 (I' / .74 - 27 874 - SE MA NTrIIV4~ CT. ~91_11 "o) D A + 5 SEE MASTER TE TATIVE P C.T.89-37 FOR GRADING IN THIS AREA ) Y/ •- '\.. \.' . -', /1 , - - TENTflVEMAP - C.T. P.A.29 (LOT LT) PHASE II - AVIARA SHEET 2OF3 P&D Technologies 01 -232-4466 icc 41 1 ii \' f . IL 711 25 .41 28 EMR TE TATIVE F5 8937 FOR GDING IN THIS AREA TENTATIVE MAP - C.T. PHASE II- AVIARA HEE P&D Technologies San Diego, CA 92101 619-232-4466 j 't" U NOTE* THE MAXIMUM DEPTH Of STORU DRAIN WITHIN PA 20 IS 24' I TYPICAL LOT DRAINAGE EIOT 10 SCALE LOT 6 -. SECTION A-A ,.i. SAFETY OVERFLOW A. 7. V / - G 41 N E150O•• -: \ \I AQt 'TeAl 01711. P LI TAur.jTtJ(gS I REVISION OESORIPTION 22 ._),•V\ i 25 'A 27 33, ;'-'---ç \ \ It. SEE MASTER TENTAflVE.MAPC.T. 89-37 FOR CR DING IN THIS AREA TENTATIVE MAP — C.T.90-35 SHEET 2OF3 P&D Technologies 401 West "A7 Sueel, Sufte 25M San Diego, CA 92101 619-232,4466 LT 4,1 S , APPROVER IMPOOVIOEOS$ SIR RAS,OEITOI 4. 4\ \ I P C :0; \ / SEE MASTER TE TATIVE Al' C.T. 89-37 FOR GRADING IN THIS AREA VA (-'-•\' \\\\\\ \?\ \\ LOT a SECTION A—A NOTE ThE MAXIMUM DEPTH OF STORM DRAIN WITHIN PP.2R 13 26' TYPICAL LOT DRAINAGE NOT TO SCN.E + + + I - punic LIST. FOl UTUTC . I. - - - Dr K r Y~, \ vI 20 24 rl S2 9 SEE MASTER TENTATIVE M~P C.T. 89--37 FOR GRADING IN THIS AREA C)TENTAT1VE MAP -C.T. - . / I / •tI1. Ci. c PHASEII- AVIARA SHEET 2 OF 3 P&D Technologies 401 VVest"Ar Street. Suite 2500 San Diaga CA 92101. 619-232-4466 ) 3 S ) C) (.4 C. i i \ RM- cum TYPICAI- LOT DRAINAGE NoT TO SCALE + + ~,&, ~kl - \ ( •. -/ (/' l\ "\\' \\\ 27 p DW (V / - - -- - - - fDININ Tl\\ i •. D A\ \ \ / \ * + \\ (fl SEEMASTERTE TATE P C.T.89-37 FOR GRADING IN THIS AREA ) \\ I I TENTATIVEMAP - C.T. PHASE 11 - AVIARA SHEET 2 OF 3 P&D Thchnologles 401 West A 2 San Diego, CA 92101 619-232-44 0 0) 0. MEOW OCEANSIDE VISTA I 5T 't \ I \c Lid CARLSBAD P Ik AIRPO POIN$ I lu I II LON Ala PROJECT SITE AVIARA MA$TE PLAN La Costa CO '4 LA PA1E OLtVENHASN ENC1NITAS RD. NORTH N. 'cd. -- ii LOCATION MAP