HomeMy WebLinkAboutCT 92-03; AVIARA PHASE III; Tentative Map (CT)CITY OF CARLSBAD - -
LAND USE REVIEW APPLLCATtON FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLY)
Master Plan
0 Specific Plan
Precise Development Plan
Tentative Tract Map
Planned Development Permit
Non-Residential Planned Development
Condominium Permit
Special Use Permit
Redevelopment Permit
Tentative Parcel Map
Administrative Variance
(FOR DEPT
USE OSiy
General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
0 Zone Change
Conditional Use Permit
Qg Hillside Development Permit
0 Environmental Impact Assessment
F1 Variance
Planned Industrial Permit
O Coastal Development Permit
Planning Commission Determination
List any other applications not specificed
2) LOCATION OF PROJECT: ON THE F North j SIDE OF Alga Road
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN 1-5 1 AND J El Camino Real
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: See attached
1215-040-19 31 20 0 21, and 21S-090-24
1 19 I 4) EXISTING GENERAL PLAN R1.M,__RM,7) PROPOSED GENERAL PLAN IRLMN
DESIGNATION N, OS, RC DESIGNATION OS ,LltC
I Pc 9) PROPOSED ZONING 1 Sainel 10) GROSS SITE 1t18 41 ACREAGE
N1A 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
fOF LOTS _____
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
4) ASSESSOR PARCEL NO(S).
5) LOCAL FACILITIES
MANAGEMENT ZONE
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
14) NUMBER OF EXISTING RESIDENTIAL UNITS f None
15) PROPOSED INDUSTRIAL r MIA 116) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
N01t A PROPOSE PWJECI REQUIRiNG ThAT WXMKZ APPLICAnONS BE FUM MLT B SJBMITTED PRIOR TO 330 P.M. A PRa)OSM PROJECT
p1QJtQ THAT ONX ONE APPLICAMON BE Fn.W hK= SUB>TED PRIOR TO 4 PAL FRM000I6 8/
DATE 3/9/92
RECEIVED BY:
CITY OF CARLSBAD
LAND USE REVIEWAPPUCATTON FORM qw PAGE 20F2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE T 29%
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 0
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 1 o
20) PROJECT NAME: lAviara Phase III
21) BRIEF DESCRIPTION OF PROJECT: Tentative Subdivision Map for 139 lot
22) IN THE PROCESS OF REVIE NO IS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING RS DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PRO A IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
SIGNATURE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) Avjara Land Associates NAME (PRINTORTYPE) Aviara Land Associates!
Limited Partnership Limited Partnership
MAILING ADDRESS MAILING ADDRESS
2011 Palomar Airport Rd., #206 2011 Palomar Airport Rd., #206
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92009 619/931-1190 Carlsbad, CA 92009 619/931-1190
[CERTIFY THAT I AM~UEONER [CERTIFY THAT I AM THE tCAL OWNERs REPRESENTATIVE AND
AND THAT ALL THE TION THAT ALl. THE ABOVE INF1RcATION IS TRUE AND CORRECt 10 THE
OF BEST OF MY KNOWLEDGE/ I
MY KNOWLEX
SIQATUR D.L. Clemens
Vit..e Pie,idcii
at. St. ttt fltt*** *tt
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE
DATE 3/9/92
FEE REQUIRED
TOTAL FEE REQUIRED
-- ---- - - pa-mg
DATE FEE PAID RECEIPT NO.
4. SENT SY:STEWRT TITLE 3-11-92 1:3FM
.o
5I 1 79so; = 2
1I
L.J 1
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TS FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-1600
(619) 436-3002 (619) 743-3821
SECOND SUPERSEDING
PRELIMINARY TITLE REPORT
March 11, 1992
P 6 D TECBOLOGIES YOUR NO. AVIARA PHASE III
401 WEST STREET, 12500 OUR NO. 10-110105
SAN DIEGO, CALIFORNIA LOAN RE?
ATTIT ION; DAVE AMBIER
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 FORTE, 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 READÔ 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. 1F 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 FEBRUARY 24, 1992 AT 7t30 A.M. dpr
LOETTA GRANGER/mr
TITLE OFFICER
SENT EY:STEWRT TITLE -it-- 133FM
. 0
4 619 531 7950 3
10-110105
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 C )
SCTULE A
1 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED 81 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, WHO ACQUIRED TITLE AS PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
SENT SY:STEWIRT TITLE
3-11-92 1:34PM ; 0 Cl so
10-110105
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH
HALF OF SECTION 27, 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,
AS SHOWN ON RECORD OV SURVEY NO. 10774, RECORDED IN THE OFFICE
OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO
86-494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY OF
CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS FILE
NO 89-345759 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF
SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY OF
CARLSBAD TRACT 85-35, AVIARA PEASE I t UNITS A t B, C, D AND E,
ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND
12413, RESPECTIVELY, FILED JUNE 29, 1989,
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID SECTION 27
LYING WESTERLY, SOUTHWESTERLY AND SOUTHERLY OF THE EASTERLY,
NORTHEASTERLY AND NORTHERLY LINE OF THAT CERTAIN EASEMENT DEED
FOR PUBLIC STREET PURPOSES TO THE CITY OF CARLSBAD, RECORDED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS
FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID STREETS KNOWN AS
ALGA ROAD AND POINSETTIA LANE.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HALF OF
SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27,
DISTANT THEREON NORTH 8658'38" WEST 659.33 FEET (RECORD NORTH
8751'00' WEST 659.35 FEET) FROM THE NORTH QUARTER CORNER
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SENT SY:STEJRT TITLE & 3-11-92 1:5pM
519 31 7950;-- 5
10-110105
THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE
ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO 10774,
SOUTH 0'06 I5QU WEST 1340,75 FEET TO AN ANGLE POINT THEREIN;
THENCE SOUTH 87'29'59" EAST (RECORD SOUTH 87 4 30'08" EAST) 372.00
FEET; THENCE LEAVING SAID BOUNDARY SOUTH 230'01" WEST 326.73
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED
IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF
CA.RLSBAD, AND BEING THE POINT OF TERMINUS.
-2-
SENT SY:STEWRT TITLE 3-11-52 1:35PM
0 04 615 531 755 6
10-110105
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
YEAR 1991-92, INCLUDING
FIRST INSTALLMENT:
SECOND INSTALLMENT;
LAND:
CODE AREA:
PARCEL NO.
COUNT? AND/OR CITY TAXES FOR THE FISCAL
PERSONAL PROPERTY TAX, IF AN?.
$15,783.93 PAID
$15,783.93 OPEN
$1,872,720.00
09133
215-040-19
SAID MATTER AFFECTS: A PORTION OF SAID LAND.
1A, GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92, INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT; $56,758.64 PAID
SECOND INSTALLMENT: $56,758.64 OPEN
LAND: $4,151,600.00
CODE AREA: 09027
PARCEL NO. 215-040-20
SAID MATTER AFFECTS: A PORTION OF SAID LAND.
SUPPLEMENTAL TAXES FOR TEE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3,5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO. 900-000-14
FIRST INSTALLMENT $45,829.40 PAID
SECOND INSTALLMENT $45,829.40 OPEN
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO. 900-000-14
FIRST INSTALLMENT $15,292.23 PAID
SECOND INSTALLMENT $15,292.23 OPEN
lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 19910-92, INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: j $74,832.87 PAID
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SENT y'5TE1RT TITLE 3-11-92 1:35PM 519 931 795 7
SCHEDULE B
10-110105
SECOND INSTALLMENT: $74,832.87 OPEN
LAND: $7,386 j 840.00
CODE AREA: 09027
PARCEL NO. 215-080-24
SAID MATTER AFFECTS: A PORTION OF SAID LAND.
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3,5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO. 900-000-19
FIRST INSTALLMENT $42,361.85 PAID
SECOND INSTALLMENT $42,361.85 OPEN
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA
CODE AREA 09027
PARCEL NO. 900-000-20
FIRST INSTALLMENT $26,265.26 PAID
SECOND INSTALLMENT $26,265.26 OPEN
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 3.991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF C HAP TER3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO 900-000-21
FIRST INSTALLMENT $26,265.26 PAID
SECOND INSTALLMENT $26,265.25 OPEN
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCINO WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO 903-000-22
FIRST INSTALLMENT $26,265.27 PAID
SECOND INSTALLMENT $26,255.27 OPEN
SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1991-92 ASSUMED PURSUANT
TO THE PROVISIONS OF CHAPTER 3,5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA;
CODE AREA 09027
PARCEL NO. 900-000-23
FIRST INSTALLMENT $25,265.26 PAID
SECOND INSTALLMENT $26,265.26 OPEN
1C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OT
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
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SENT SY:STEWRT TITLE 3-11-52 1:37PM
619 931 795 6
.
SCHEDULE B
10.-110105
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
3. AN EASEMENT PFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCID] NTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY
FOR: TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, A LINE OR INDEPENDENT
LINES OF POLES OR STEEL TOWERS OR
POLES AND WIRES OR CABLES AND INCIDENTAL
PURPOSES WITH THE RIGHT OF INGRESS AND EGRESS.
RECORDED: APRIL 16, 1954 IN BOOK 5207, PAGE 161
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
4 AN EASEMENT FFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDI NTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY
FOR , THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED: OCTOBER 16, 1955 IN BOOK 6301 1 PAGE 162
OF OFFICIAL RECORDS
AFFECTS: SAID LAND AS SET FORTH THEREIN
OF OFFICIAL RECORDS
AN AGREEMENT TO WHICH REFERENCE IS HERESY MADE FOR FULL
PARTICULARS
DATED: JANUARY 10, 1989
BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND
REGARDING:
RECORDED:
PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP
RIGHT OF WAY USE AGREEMENT
JANUARY 10, 1989 AS FILE NO. 89-012389
OF OFFICIAL RECORDS
S. AN EASEMENT AFFECr ING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY,
A CORPORATION
FOR: A LINE OR LINES OF POLES AND/OR STEEL
TOWERS AND WIRES AND/OR CABLES, UNDERGROUND
CONDUITS, CABLES, VAULTS AND MANHOLES,
TELEPHONE SIGNAL AND COMMUNICATION PURPOSES
AND PIPE LINES
RECORDED: FEBRUARY 7 1 1958 IN BOOK 69411 PAGE 234
OF OFFICIAL RECORDS
6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES 9TATI
HEREIN AND INCIDENTAL PURPOSES
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SENT BY:STEWRT TITLE 3-11-92 i.36PM 519 931. 795; g
. S
SCHEDULE B
10-110105
IN FAVOR OF:
FOR
RECORDED
CARLSBAD MUNICIPAL WATER DISTRICT
PIPELINE OR PIPELINES FOR ANY AND ALL
PURPOSES AND ALSO UNDERGROUND CONDUITS
AND CABLES FOR TELEPHONE SIGNAL AND
COMMUNICATION PURPOSES TOGETHEP. WITH
THE RIGHT OF INGRESS AND EGRES
JULY 21, 1958 IN BOOK 7174, PAGE 290
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
7 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: SEPTEMBER 7, 1983
BY AND BETWEEN: lN o B. HUNT AND W. H. HUNT AND THE
CITY OF CARLSBAD
REGARDING: THE PAYMENT OF A PUBLIC FACILITY FEE
RECORDED; OCTOBER 20 1 1983 AS FILE NO. 83-378945
OF OFFICIAL RECORDS
S. 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, RECORDER'S FILE NO. 86-356638.
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: IJUNE 6 0 1988
BY AND BETWEEN: IPACIFIC RIM LAND ASSOCIATES LIMITED
REGARDING:
RECORDED:
PARNERSMIP, THE STATE OF CALIFORNIA
ACTING BY AND THROUGH THE STATE LANDS
COMMISSION.
TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT
JUNE 10, 1988 AS FILE NO 88-278452
OF OFFICIAL RECORDS
10, 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, 188
AMOUNT $125,000,000.00
TRUSTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
—4—
SENT SY:STEbJRT TITLE 3-11-92 1:39PM 619 931 7959j
SCHEDULE 2
10-110105
TRUSTEE
BENEFICIARY
RECORDED
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE SANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1958 AS FILE NO. 88-661636
OF OFFICIAL RECORDS
AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT
OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WE 1CM
ASSIGNMENT WAS
EXECUTED BY 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 GIVEN AS ADDITIONAL SECURITY FOR THE
PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST
SHOWN IN ITEM NO. 11
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, 89196177
OF OFFICIAL RECORDS
SUBORDINATED TO: DEED RESTRICTION (OPEN SPACE)
RECORDED: APRIL 14, 1989 AS FILE NO. 89-196176
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT 4ATTE1
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
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SCHEDULE B
10-110105
RECORDED:
SUBORDINATED TO:
RECORDED:
JUNE 1, 1990 AS FILE NO. 90-298174
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1 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
DATED: JUNE 7, 1989
EXECUTED BY: AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND FIRST
INTERSTATE BANK 0F CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345754
OF OFFICIAL RECORDS
SUBORDINATED TO: EASEMENT
RECORDED: JUNE 29, 1989 AS FILE NO. 69-345753
OF OFFICIAL RECORDS
SAID DEED OF
REFERRED TO
INSTRUMENT
RECORDED:
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
SUBORDINATED TO:
RECORDED:
APRIL 14 1. 1989 AS FILE NO 89-196181
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. 89-345760
OF OFFICIAL RECORDS
SUBORDINATED TO: EASEMENT
RECORDED: JUNE 29 1 1989 AS FILE NO. 89345759
OP-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 WILE NO. 89-345762
OF OFFICIAL REOCRDS
SUBORDINATED TO; EASEMENT
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345761
OF OFFICIAL RECORDS
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.
.
SCHEDULE B
10-110105
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PAAGRAPH, 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 DEEP OF
REFERRED TO
INSTRUMENT
RECORDED;
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
SEPTEMBER I t 1989 AS FILE NO, 89-473402
OF OFFICIAL RECORDS
EASEMENT
AUGUST 7, 1989 AS FILE NO. 89-419898
OF OFFICIAL RECORDS
SUBORDINATED TO;
RECORDED:
11. AN ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN
DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE
ASSESSMENT DISTRICT
FLAT NO.: I 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
AND AS AMENDED MAY B e 1989 AS FILE NO. 89-224769
BOTH OF OFFICIAL RECORDS
NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989 AS FILE NO.
89-400726, OCTOBER 5, 1989 AS FILE NO, 89-540361 AND APRIL 9,
1990 AS FILE NO, 90-189679, ALL OF OFFICIAL RECORDS.
12. AN INSTRUMENT ENTITLED DEED RESTRICTION (OPEN SPACE) BY AND
BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION
RECORDED APRIL 14, 1989 AS FILE NO, 89-196176 OF OFFICIAL
RECORDS
A PORTION OF THE LAND DESCRIBED IN THE ABOVE INSTRUMENT HAD BEEN
RELEASED BY INSTRUMENT RECORDED JULY 3, 1991 AS FILE NO.
1991-0327629 OF OFFICIAL RECORDS.
13, AN INSTRUMENT ENTITLED DEEP RESTRICTION (TRAIL) BY AND
BETWEEN AVIA.RA 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.
—7-
SENT :STELJRT TITLE 3-11-92 1:41pN1 0-4 19 931 9513
.
SCHEDULE B
10-110105
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
14. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH
13, 1989 WI AVIARP 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.
15. 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 1 1989 AS FILE NO, 89-298116
OF OF'ICIAL RECORDS
16. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: WATERLINE PURPOSES AND APPURTENANCES
RECORDED: JUNE 29, 1989 AS FILE NO, 89-345753
OF OFFICIAL. RECORDS
AFFECTS: SAID LAND AS SET FORTH THEREIN
17, AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD, A MUNICIPAL
CORPORATION
FOR: SEWER AND DRAINAGE
RECORDED: JUNE 29, 1989 AS PILE NO 89345759
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.
18. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD, A MUNICIPAL
CORPORATION
FOR; GENERAL UTILITY AND ACCESS
RECORDED; JUNE 29, 1989 AS FILE NO. 89-345761
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT,
-8-
SENT SY:STEWRT TITLE 3-11-92 1:41PM 519 931. 95O ~14
.
.
SCHEDULE B
10-110105
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
19. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: PARKSITE ACCESS AND PUBLIC UTILITY
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345763
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,
204 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PART ICULARS
DATED: JUNE 28, 1989
BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
•PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
REGARDING; BASIN MAINTENANCE
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345770
OF OFFICIAL RECORDS
21. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: JUNE 28, 1989
BY AND BETWEEN; I AVIARA LAND ASSOCIATES LIMITED
REGARDING:
RECORDED:
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
DESILTATION BASIN/STORM DRAINAGE
MAINTENANCE
JUNE 29, 1989 AS FILE NO. 89-345771
OF OFFICIAL RECORDS
22. AN EASEMENT AFPECTI G SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PTJR POSES
IN FAVOR OF; CARLSBAD MUNICIPAL WATER DISTRICT,
A PUBLIC AGENCY
FOR: GENERAL PURPOSES 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 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
-9-
SENT SY:STELRT TITLE 3-11-92 1:42PM E19 931 79E1
SCHEDULE B
10-3.10105
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: FEBRUARY 20, 1990
BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
REGARDING:
RECORDED:
A DELAWARE LIMITED PARTNERSHIP; DAVIDSON
COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COlMUNITtE5,INC., A
CALIFORNIA CORPORATION; ADC DEVCO II LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP;
A-N HOMES, A CALIFORNIA LIMITED PARTNERSHIP;
AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA
CORPORATION
UNITY OF CONTROL
APRIL 16 1 1990 AS FILE NO. 90-204778
OF OFFICIAL RECORDS
24. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: IMAY 15, 1990
BY AND BETWEEN: 1AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
REGARDING:
RECORDED:
AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE CITY
OF CARLSBAD
AN UNCONTROLLED STOCKPILE
MAY 22, 1990 AS FILE NO, 90-279302
OF OFFICIAL RECORDS
25. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: JAPRIL 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 I t 1990 AS FILE NO. 90-295175
OF OFFICIAL RECORDS
26. ANY ASSESSMENT THAT CAN BE LEVIED ON THE BENEFITED AREA AS
DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY DISTRICT NO. 1 1 IN THE
CITY OF CARLSBAD BY DOCUMENT RECORDED DECEMBER 19, 1990 AS FILE
NO, 90-674118 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO.
1991-0236959 OF OFFICIAL RECORDS.
-10-
SENT 3:5TEWRT TITLE • 3-11-92 1:43PM 94 519 931 959s
SCEDULE B
10-110105
27, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: IFEBRUARY 20 1 1991
BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
REGARDING:
RECORDED:
AND THE CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT RIGHT OF WAY
ENCROACHMENT
MARCH 22, 1991 AS FILE NO. 1991-0127324
OF OFFICIAL RECORDS
28. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: MAY 8 1 1991
BY AND BETWEEN: CITY OF CARLSBAD. A MUNICIPAL CORPORATION,
REGARDING:
RECORDED:
AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP FORMERLY
PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
JUNE 3, 1991 AS FILE NO, 1991-0259639
OF OFFICIAL RECORDS
29. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDJ NTAL PURPOSES
IN FAVOR OF: BRAMALEA CALIFORNIA, INC., A CALIFORNIA
CORPORATION
FOR; A NONEXCLUSIVE EASEMENT VOR ACCESS,
INGRESS, EGRESS, GRADING CONSTRUCTION AND
MAINTENANCE PURPOSES
RECORDED: SEPTEMBER 19, 1991 AS FILE NO, 1991-0487776
OF OFFICIAL RECORDS
30. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: I OCTOBER 7 1 1991
BY AND BETWEEN: I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
REGARDING:
RECORDED:
AND THE CITY OF CARLSBAD
AGREEMENT BETWEEN DEVELOPER -OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT
OF A PUBLIC FACILITIES PEE
NOVEMBER 23, 1991 AS FILE NO. 1991-0516246
OF OFFICIAL RECORDS
-11-
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SEC 22 -T12S-R -SE 1/4
ROS 58. 62G9, 10774
CL'TA Prelirriinary Report Form
S
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 lof4 GUARANTY COMPANY
CLIA Preliminary Report Form
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 shbwn 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
PacE 1 of 4
CITY O CARLSBAD
1200 CARLSBA VILLAGE DRIVE CARLSBAD1,ALIFORN IA 92008
434-2867
REC'D DATE
ACCOUNT NO. DESCRIPTION AMOUNT
mA/?7(T)
4b6 1LIWF VVCI Ki
CPRMT
RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL cc
Printed on recycled paper.
CASH REGISTER
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 a licati lete. When the application is complete, the
processing period wi upon e date of te completion letter.
Applicant Signature
Staff Signature:
3/jí 1q2_
Date: /f-' V. ()
To be stapled with receipt to application
Copy for file
0 o
lill City of Carlsba*i ft~
APPUC.&NTS SrATEME?(T OF DISCLOSURE OF CTAIN OWNERSHIP NTEIE5TS ON ALL APPUCATIONS WHICH WILL.REQUIRE
OtScO&Y ACTION ON THE PAST OF NE CTTY COUNCIL OR ANY APPOINTED 8OAD, COMMISSiON OR COMMrTTE.
(PIeae Print)
The following information must be disclosed:
Acollcarrt
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.
Aviara L a nd Crmprny ; P fl1wre PepihNr flv-1npmr1- rn
corporation - a California corporation
450 Newport Center Drive 180 N. Riverview Drive
Suite 304 . Suite 130
Newport Beach, CA 92660 Anaheim, CA 92808
3. If any person identied pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of ail individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
Henry Hillman 450 Newport Center Drive
Suite 304
Newport _Beach, _CA 92660
4. If any person identified pursuant to (1) or (2) above is a non-pro fit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-prot organization or as trustee or beneficiary
of the trust
o I
(Over)
Disclosure Statement Page 2
5. Have you had more than 5250 worth of business c•ted with any member of City staff, Scare
CemmissionS, Committees and Council within the past twelve months?
Yes - No _L If yes, please indicate person(s)______________________________________________
P.ron iS d0firled &A: Anyn&.6dual. irrr. eop.rahip, t'inUe. samociJaiam ..oczaj dub. frana3 o aaon. cerp ranen. .siata. ava.
r..c.rv.r. tyndicat., Mia and any cei.f caumy. city and cau?ny, thy munkipality. 6cmict DC cC poftcal &A -6div6io or &my czmw group or
ornbina.on *e-nq aa a unity
(NOTE: Anach tionaJ pages as necessary.)
Aviara Land Associates Limited Partnership, Aviara Land Associates Limited Partnership,
a Delaware limited partnership a Delaware Limited partnership
BY: Aviara Land kempany, a Delaware : Aviara Lan ompany, a Delaware
----coporation,nral Partner
PresidentB e
Partner
1. L. /yice president Signature oM`wnjTatcW ignature p icant/Dte
By:
HO7SSIStant secretary ' Icd 'i Q4 sis ant Sec. ignature of pphcant/Ute Signature 'of Owner ate
BY: Republic Development Co., a By: Republic Development Co., a
California co ration, California c oration,
eral Pa ner eneral P ne
By: By: AM
iatu1 0 cs/Vice President 1 rgA j6Xice President
By:1-4,1 iII 3si3tant Secretar)PY: T L's' r/As5istant Sec. Signature of Owner/Date Signature of Applicant/Date
Print or Type Name of Owner Print or Type Name of Applicant
40
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH
HALF OF SECTION 27, 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,
AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN THE OFFICE
OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO.
86-494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY OF
CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS FILE
NO. 89-345769 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF
SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY OF
C? SHAD TRACT 85-35, AVI PHASE 1, UNITS A, B, C, D AND E,.
ACCORDING TO YLPS THEREOF NOS. 12409, 12410, 12411, 12412 AND
12413, RESPECTIVELY, FILED JUNE 29, 1989.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID SECTION 27
LYING WESTERLY, SOUTHWESTERLY AND SOUTHERLY OF THE EASTERLY,
NORTHEASTERLY AND NORTHERLY LINE OF THAT CERTAIN EASEMENT DEED
FOR PUBLIC STREET PURPOSES TO THE CITY OF CARLSBAD, RECORDED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS
FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID STREETS KNOWN AS
ALGA ROAD AND POINSETTIA LANE.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST
QUARTER OF TEE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HALF OF
SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27,
DISTANT THEREON NORTH 8658'38" WEST 659.33 FEET (RECORD NORTH
8751b00u WEST 559.35 FEET) FROM THE NORTH QUARTER CORNER
#1 40
L
THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE
ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774,
SOUTH 006150*t WEST 1340.75 FEET TO AN ANGLE POINT THEREIN;
THENCE SOUTH 8729159t1 EAST (RECORD SOUTH 8730 1 08" EAST) 372.00
FEET; THENCE LEAVING SAID BOUNDARY SOUTH 230'01" WEST 326.73
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED
IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO TEE CITY OF
CARLSBAD, AND BEING THE POINT OF TERMINUS.
11
F 0 0
Cf1Y OF CARLSBAD
APPLICATION REQUIREMENTS FOR:
CONDITIONAL USE PERMITS (INCLUDING AMENDMENTS & EXTENSIONS)
MASTER PLANS (INCLUDING AMENDMENTS)
REDEVELOPMENT PERMITS (MAJOR, MINOR AND AMENDMENTS)
- A COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION MUST ALSO BE
COMPLETED.
PLANNING COMMISSION DETERMINATIONS
PRECISE DEVELOPMENT PLANS
SPECIAL USE PERMITS (INCLUDING AMENDMENTS) (EXCLUDING FLOODPLAIN S.U.PS)
SPECIFIC PLANS (INCLUDING AMENDMENTS)
SITE DEVELOPMENT PLANS (INCLUDING REVISIONS)
A propcsed ajt:'i Ltht multiple applications be fi1diIbe bñittd&rt 3:30
p in A proposed project requiring that only one application be filed must be aubnutted pnor to
4 00 p in All joint applineit(ie • Site Plans n Plans and constraints maps
should be prepared at the same scale (Use a scale no smailer than i = 4(Y) The following
materials shall be submitted for each application or for combined applications on a single project,
except as noted on #7 and #8 under Property Owner's List and Address Labels.
Ten (10) copies of the proposed site plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11"
size. Fifteen copies of the site plan shall be submitted by the applicant upon request of the
project planner prior to approval of the project. Each site plan shall contain the following
information:
L GENERAL INFORMATION:
U A. Name, address and telephone number of the applicant, owner and Engineer or Architect
who prepared the plan.
a B. North arrow and scale.
a C. Vicinity map showing major cross streets.
a D. Date of preparation/revisions.
a E. Project Name and Application Types submitted.
a F. Name of sewer, water and school districts providing service to the project.
a G. All facilities labeled as "existing" or "proposed".
H. A summary table of the following:
II 1. Street address and assessors parcel number.
FRM0001 4/91 Page 1 of 7
0 0
2. Site acreage.
3. Existing zone and land use.
4. Proposed land use.
O 5. Total building coverage.
O 6. Building square footage.
7. Percent Landscaping.
8. Number of parking spaces required/provided.
9. Square Footage of open or recreational space (if applicable), for each unit and total
common open space for the project.
10. Proposed density.
O 11. Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230
(Include the acreage in each category). If not applicable state on the plans.
O 12. Cubic footage of storage space (if applicable). Show Location.
O 13. Average Daily Traffic generated by the project broken down by separate uses.
U. SITh INFORMATION:
A. General
O 1. Approximate location of existing and proposed buildings and permanent structures
onsite and within 100 feet of site.
2. Location of all major vegetation showing size and type.
0 3. Location of railroads.
O 4. Bearings and distances of each exterior boundary line.
O 5. Distance between buildings and/or structures.
O 6. Setback dimensions for required front, rear and side yards for all structures.
O 7. Location, height and materials of walls and fences. Indicate top, bottom and worst
condition elevations at both ends and in the middle of the wall or fence.
0 8. Location of free standing signs. Indicate the height and sign area.
FRM0001 4/91 Page 2 of 7
B. Street and Utilities
0 1. The location, width and proposed name of all streets within and adjacent to the
proposed project. Show street grades and centerline radii.
0 2. Name, location and width of existing adjacent streets and alleys. Include medians
and adjacent driveway locations.
3. Typical street cross sections for all adjacent and streets within project.
0 4. Width, location, and use of all existing and/or proposed public or private easements.
5. Public and private streets and utilites clearly identified.
0 6. Show distance between all intersections and medium and high use driveways.
0 7. Clearly show parking stall and isle dimensions and truck turning radii for all parking
areas.
8. Show access points to adjacent undeveloped lands.
9. Show all existing and proposed street lights and utilities (sewer, water, major gas and
fuel lines, major electric and telephone facilities) within and adjacent to the project.
10. Show location of all fire hydrants within 300 feet of site.
C. Grading and Drainage
1. Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes
between 5% and 10%, and 5' intervals for slopes over 10% (both existing and
proposed). Existing and proposed topographic contours within a 100 foot perimeter
of the boundaries of the site. Existing onsite trees; those to be removed and those
to be saved.
2. Earthwork volumes; cut, fill, import and export.
0 3. Spot elevations at the corners of each pad.
0 4. Method of draining each lot. Include a typical cross section taken parallel to the
frontage for lots with less than standard frontage.
0 5. Location, width and/or size of all watercourses and drainage facilities within and
adjacent to the proposed subdivision. Show location and approximate size of any
proposed detention/retention basins.
0 6. Clearly show and label the 100 year flood line for the before and after conditions for
any project which is within or adjacent to a FEMA flood plain.
k
FRM0001 4/91 Page 3 of 7
46
copy of 8 1/2" x 11" reduced site plan and dig.elevaties—_&
O 3. One (1) copy of 8 1/2" x lilt location map (suggested scale 200" - vicinity maps on the
site plan are not acceptable).
4. Environmental Impact Assessment Form (Separate Fee Required).
ET S. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1)
reproduced copy. (Separate fee required).
6. Disclosure Statement.
7. Property Owners' List and Addressed Labels
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE
DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT
AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY
OWNERS LIST, LABELS AND POSTAGE. THE APPLICANT SHALL BE REQUIRED TO SIGN
A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE
LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUN1Y ASSESSOR'S
OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS
RECEIVED.
- A typewritten list of names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner). The list shall include
the San Diego County Assessor's parcel number from the latest assessment rolls.
- Two (2) separate sets of mailing labels of the property owners within a 600 foot radius
of subject property. For any address other than single family residence, apartment or
suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. Applicant must submit separate check to cover cost of postage.
8. 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
impractical.
9. Three (3) copies of the Preliminary Title Report (current within the last six [6]
months).
FRM0001 4/91 Page 4 of 7
11 a a
Proof of availability of sewer if located in the Leucadia County Water District or the
Vallecitos Water District.
11. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the
Applicant's responsibility to bring one (1) copy of a colored site plan and one(l)
copy of a colored elevation to the Planning Department by Noon eight (8) days prior
to the Planning Commission meeting. Do not mount exhibits.
12. Constraints Map (24" x 36') folded to 8 1/2" x 11" shall include the following
information: If the constraint does not apply to the property, list it on the map as
not applicable. Constraint map should be the same scale as other exhibits, (i.e., Site
Plan etc.).
D a. Major ridge lines
O b. Distant views
c. Internal views
d. Riparian or woodlands
e. Intermittent drainage course
f. 25 - 40% slopes
g. Greater than 40% slopes
0 h. Major rock outcroppings
i. Easements
O i. Floodplains
O k. Archaeological sites
O 1. Special Planning Areas
O m. Biological Habitats. Indicate the location of Coastal Sage Scrub and chaparral plant
communities existing on the project site.
O n. Beaches
0 o. Permanent bodies of water
O p. Wetlands
0 q. Land subject to major power transmission easements
FRM0001 4/91 Page 5 of 7
a 0
r. Railroad track beds.
For projects with an average daily traffic (ADD generation rate greater than 500 vehicles
per day:
Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be
prepared by an appropriate registered Engineer. The analysis must show project impacts
to all intersections and road segments identified as impacted within the included Local
Facilities Management Plan. The following should be included with the study:
a. 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and
project AM and PM peak hour impacts and traffic distribution.
b. Project traffic generation rates.
c. Necessary calculations and or analysis to determine intersection and road segment
levels of service.
d. Any proposed mitigation requirements to maintain the public facility standards.
Noise study consistent with Planning Director Administrative Policy No. 17 (when
applicable). See Noise Policy #17.
Two copies of preliminary soils/geologic report for all projects with cut or fill depths
exceeding 5 feet.
Ten (10) copies of preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2"
x 11" size drawn to the same scale as site plan. Fifteen (15) copies of the landscape
plans shall be submitted by the applicant upon request of the project planner prior to
approval of the project. Each landscape plan shall include the following information:
a. Landscape zones per the City of Carlsbad Landscape Manual.
El b. Typical plant species, quantity of each species, and their size for each planting zone.
(Use symbols).
0 c. An estimate of the yearly amount of irrigation (supplemental) water required to
maintain each zone.
0 d. Landscape maintenance responsibility (private or common) for all areas.
0 e. Percent of site used for landscaping.
0 f. Water Conservation Plan.
FRM0001 4/91 Page 6 of 7
S
O 17. Ten (10) copies of the building elevations and floor plans on a 24" x 36" sheets (s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall
be submitted by the applicant upon request of the project planner prior to project
approval. Each building elevation and floor plan shall include the following information:
0 a. Floor plans with square footage included.
b. Location and size of storage areas.
[J c. All buildings, structures, walls and/or fences, signs and exterior lights.
O d. Include a scale on all floor plans and building elevations.
e. Indicate on all building elevations the height measured from lowest grade to the
- midpoint of the highest roof. The measurement is taken five feet from the building
wall at the worst condition.
18. For Master Plan and Specific Plans Only
a. It is strongly recommended that the applicant meet with staff before submitting text
and maps for a master plan or specific plan.
b. After staff and the applicant have worked out the details of the specific plan or
master plan a minimum of 20 bound copies of the master plan will be required prior
to scheduling the project for a public hearing
c. Generally the following information must be included in a Master Plan or Specific
Plan document:
1. Introduction.
2. Environmental Constraints.
3. Land Use and Development Standards.
4. Open Space.
5. Public Facilities and Phasing.
6. Signage
-DT9 Photographs of the property taken from the north, south, east and west.
,-02O—Construction materials board and color samples (i.e., roofing, exterior walls, textured
pavement, glass, wood etc.)
—2-1---Roofplans showing location of roof apertanances and mechanical equipment.
Completed "Project Description/Explanation" sheet.
Signed "Notice of Time Limits on Discretionary Applications".
FRM0001 4/91 Page 7 of 7
•PPLICATION REQUIREMENTS FOR.W
TENTATIVE TRACT MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMiTS (FOR RESIDENTIAL PROJECTS ONLY)
A propósed'pröjrë'iring that multiple applications beffi 4.mitst'be .:sübrniited priOr to. 3:30
p.m. A proposed project xeqwnng that only one application be flied must be subnutted pnorto
4:00 p.m.
All joint application exhibits (Le.. Tentative Map and Planned Development- Site Plan should be
prepared at the same scale (use a scale no smaller than 1' 40).. Inaddition aflplans shall be
fully dimnioned (i.e.,, setbacks, heights road widths, parkrng spaces,, planters yards, etc) The
foflowjng raatetial SW besubuutted for ecapp'.:.éxceit on # id #8 under
Pr,ety Ownefs list and address labels
1. Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36"
sheet(s) and folded into 8 1/2 x 11" size 1ifteen copies of the tentative tract
map/condominium site plan shall be submitted by the applicant upon request of the
project planner prior to project approval. Each tentative map shall contain the
following information:
I. GENERAL INFORMATION:
0 A. Name and address of owner whose property is proposed to be subdivided
and the name and address of the subdivider;
0 B. Name and address of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps;
O C. North arrow;
O D. Scale; vicinity map;
O E. Date of preparation/revisions;
0 F. Classification of lots as to intended residential, commercial, industrial or
other uses;
O G. Tentative Map number in upper right hand corner (City to provide number
at time of application).
H. Number of units to be constructed when a condominium or community
apartment project is involved; Total number of lots proposed.
O I. Name of sewer and water district providing service to the project.
O J. Average Daily Traffic generated by the project broken down by separate
uses.
FRM003 4/91 Page 1 of 8
o K.
•of School District providing service project. £1
0 L. Proposed density in lots or dwelling units per acre. I
o M. Existing Zone and General Plan Designation. 0 •
0 N. Site acreage.
IL SITE INFOR MATION:
A General
0 1) Approximate location of existing and proposed building and
permanent structures;
0 2) Location of all major vegetation, showing size and type;
0 3) Location of railroads;
0 4) Legal description of the exterior boundaries of the subdivision
(approximate bearings, distances and curve data);
O 5) Lot lines and approximate dimensions and number of each lot;
0 6) Lot area for each proposed lot.
O 7) Setback dimensions for the required front, rear and side yard
setbacks for all structures;
O 8) Indicate top and bottom elevations for all fences, walls, and retaining
walls. Show these elevations at each end of the wall and in the
middle. Also show the worst condition elevation.
0 9) Show site details for all recreation lots or areas. (when applicable).
0 10) Total building coverage for lots with proposed structures.
B. Streets and Utilities
O 1) The location, width and proposed names of all streets within and
adjacent to the proposed subdivision, show proposed Street grades
and centerline radii. Provide separate profile for all streets with
grades in excess of 7%. Streets should be in conformance with City
Standards and Engineering Department Policies. (Especially Policy
Numbers 1 and 22)
0 2) Name, location and width of existing adjacent streets and alleys.
FRM003 4/91 Page 2 of 8
0 3) ypical street section for all adjacent S'LS and streets within the
project.
0 4) Width and location of all existing or proposed public or private
easements.
0 5) Public and private streets and utilities clearly identified.
0 6) Show distance between all intersections and medium and high use
driveways.
0 7) Clearly show parking stall and isle dimensions and truck turning
radii for all parking areas.
0 8) Show access points to adjacent undeveloped lands.
0 9) Show all existing and proposed street lights and utilities (sewer,
water, major gas and fuel lines, major electric and telephone
facilities) within and adjacent to the project.
0 10) Showall fire hydrants located within 300 feet of the site.
C. Grading and Drainage
0 1) Approximate contours at 1' intervals for slopes less than 5%, 2'
intervals for slopes between 5% and 10%, and 5' intervals for slopes
over 10% (both existing and proposed). Existing and proposed
topographic contours within a 100 foot perimeter of the boundaries
of the site. Existing onsite trees; those to be removed and those to
be saved.
0 2) Earthwork volumes: cut, fill, import and export.
0 3) Spot elevations at the corners of each pad.
O 4) Method of draining each lot. Include a typical cross section taken
parallel to the frontage for lots with less than standard frontage.
O 5) Location, width and/or size of all watercourses and drainage
facilities within and adjacent to the proposed subdivision; show
location and approximate size of any proposed detention/retention
basins.
O 6) Clearly show and label the 100 year flood line for the before and
after conditions for any project which is within or adjacent to a
FEMA flood plain.
0 2. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations.
FRM003 4/91 Page 3 of 8
0-gested 3. On''')copy of 8 1/2" X 11" location map scale 200" - vicinity
maps on the site plan are not acceptable).
4. Environmental Impact Assessment Form (separate fee required). Required
for tentative parcel maps only where significant grading is proposed. Check
with Planning staff to determine if required for your application.
[] 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and
one(1) reproduced copy. (Separate fee required).
.EI 6. Disclosure Statement. (Not required for tentative parcel maps.)
7. Property Owners' List and Addressed Labels
i1WA1MLY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE
PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE 'HIM TO SUBMIT
THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNER_ US—T LABELS AND
POSTAGE. THE APPLICANT SHALL BE REQUIRED 10 SIGN A STATEMENT CERTIFYING
THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED
ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE
PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED.
- A typewritten list of names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner) except for all
Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to
Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls.
- Two (2) separate sets of mailing labels of the property owners within a 606 foot radius
of subject property except for Tentative Parcel Maps which shall utilize a 300 foot
radius. For any address other than single family residence, apartment or suite number
must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Ali can
must submit separate check to cover cost of postage.
8. 600 Foot Radius Mai, (300 foot radius for Tentative Parcel Maps),
A map to scale not less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
impractical. For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet,
showing each lot within 300 feet of the exterior boundaries of the subject project.
9. Preliminary Hydrology map and calculations for lots exceeding one acre.
Show before and after discharges to each including drainage basin.
I
FRM003 4/91 Page 4 of 8
0 0 -
10. Three (3) copies of the Preliminary Tide Report (current within the last six
(6) months).
----- 11. Proof of availability of sewer if located in the Leucadia County Water District
or the Vallecitos Water District.
12. School District letter indicating that school facilities will be available to the
project.
13. Colored Site Plan and Elevation Plan (Not required with first submittal and
not required for tentative parcel maps). It is the Applicant's responsibility
to bring one (1) copy of a colored site plan and one (1) copy of a colored
elevation to the Planning Department by Noon eight (8) days prior to the
Planning Commission meeting. Do not mount exhibits.
0 14. Statement of agreement to waive tentative subdivision map time limits.
Required for tentative maps only when project requires concurrent
processing of planning application, or environmental review.
0 15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site
Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following
information: (Note: this information is not required for previously graded
sites and the conversion of existing structures.) If the constraint does not
apply to the property, list it on the map as not applicable.
O (1) Major ridge lines
O (2) Distant views
0 (3) Internal views
O (4) Riparian or woodlands
O (5) Intermittent drainage course
o (6) 25 - 40% slopes
O (7) Slopes 40% and above
O (8) Major rock outcroppings
0 (9) Easements
O (10) Floodplains
0 (11) Archaeological sites
0 (12) Special planning areas - type of special planning area
FRM003 4/91 Page 5 of 8
0
0 (13) Biological Habitats. Indicate the location of coastal sage scrub and
chaparral plant communities existing on the site I
0 (14) Beaches
0 (15). Permanent bodies of water
0 (16) Wetlands
0 (17). Land subject to major power transmission easements
0 (18) Railroad track beds.
16. For projects with an average daily traffic (ADT) generation rate greater than
500 vehicles per day:
Two (2) copies of a Circulation Impact Analysis for the project. The analysis
must be prepared by an appropriate registered Engineer. The analysis must
show project impacts to all intersections and road segments identified as
impacted within the included Local Facilities Management Plan. The
following should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads,
background and project AM and PM peak hour impacts and traffic
distribution.
b) Project traffic generation rates.
c) Necessary calculations and/or analysis to determine intersection and
road segment levels of service.
d) Any proposed mitigation requirements to maintain the public facility
standards.
121" 17. Noise Study consistent with the Planning Department Administrative Policy
No. 17 when applicable. (See Policy #17).
18. Two copies of preliminary soils/geologic report for all project with cut or fill
depths exceeding 5 feet.
19. For all condominium conversions, a signed statement by the owner stating
Section 66427.1 of the State Map Act will be complied with.
20. For all condominium conversions, a letter from San Diego Gas and Electric
company stating that plans to convert the gas and electric system to separate
systems have been submitted and are acceptable.
21. For all condominium conversions, one copy of a compliance inspection
performed by the Building Department. (Separate fee required.)
FRM003 4/91 'Page 6 of 8
22. ForØondoininium and planned developnilrojects, ten (10). copies of
a preliminary landscape plan (four (4) copies for projects with four or fewer
1 units) on a 24' x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (IS)
cotwis of the landscape plans shall be submitted by the applicant upon
request of the project planner prior to approval of the project. The scale
should be consistent with all other exhibits.
Each landscape plan shall include the following information:
a. Landscape zones per the City of Carlsbad Landscape Manual.
b. Typical plant species, quantity of each species, and their size for each
planting zone in a legend (Use symbols).
C. An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone.
d. Landscape maintenance responsibility (private or common) for all
areas.
e. Percent of site used for landscaping.
f. Water Conservation Plan.
23. For all condominium and planned development projects, ten (10) copies of
the building elevations and floor plans (four (4) copies for projects with 4
or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Plfreeri
(15) copIes of the building elevations and floor plans shall be submitted by
the applicant upon request of the project planner prior to project approval.
Each building elevation and floor plan shall include the following
information:
a. Floor plans with square footage included.
b. Location and size of storage areas.
C. All buildings, structures, walls and/or fences, signs and exterior
lights.
d. Include a scale on all floor plans and building elevations.
e. Indicate on all building elevations the height measured from grade
to the midpoint of the highest roof. The measurement is taken five
feet from the building wall and at the lowest grade elevation (worst
condition).
0 24. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF
APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF
SMALL LOTS, AS ATTACHED.)
FRM003 4/91 Page 7 of 8
25. Phaphs of the property taken from theh, south, east and west.
- 26. Construction materials board and color samples (i.e., roofing, exterior walls,
pavement, glass, wood etc.)
-9----------- 27. Pursuant to Section 2 1.45.040(6) of Title 21 applications for , planned
developments on properties designated or zoned for single family
development shall be accompanied by a preliminary tentative map. This map
shall illustrate how many standard lots conforming to applicable zoning and
subdivision standards served by public streets could fit on the site. The
• design of this preliminary tentative map shall comply with all applicable City
Ordinances and Standards except for the design standards of the Planned
Development Ordinance. The applicant shall also submit maps, diagrams,
plans and a report showing that the proposed planned development will
result in superior residential development consistent with the purpose and
intent of the Planned Development Ordinance. The density on the developed
portion of the planned development site shall be similar to and compatible
with surrounding development.
28. Signed "Notice of Time Limits on Discretionary Applications".
29. Completed "Project Description/Explanation" sheet.
FRM003 4/91 1 Page 8 of 8
. nw:1.4 0
January 20, 1992
Mr. Paul Kiukas
Director of Planning
Hillman Properties West, Inc.
2011 Palomar Airport Road, Suite #206
Carlsbad, California 92009
Dear Paul:
P&D Technologies
401 W. 'A' Street
Suite 2500
San Diego, CA 92101
FAX 619/234-3022
619/232-4466
Planning
Engineering
Transportation
Environmental
Economics
Landscape
Architecture
An Employee-Owned Company
10522.00
The following discusses how the plan for Aviara Phase Ill conforms to the Carlsbad Hillside
Criteria and the Aviara Master Plan.
Contour Grading
The grading utilizes a variety of contour grading, hillside grading and site design techniques.
1. On Planning Area 17 the current Aviara Master Plan shows a flat pad with the
manufactured slope concentrated and continuous along the westerly side of the developed
area facing the golf course. The proposed Phase III plan uses a single-loaded street,
terraced arrangement of lots dividing the total slope into three separate slopes. In
addition, the manufactured slopes generally parallel the natural slope conditions which
blends with the natural landlorm. In three areas the design uses daylight grading to
completely eliminate manufactured slopes.
2. The design of Planning Areas 21 and 22 has been substantially reconfigured to allow
grading to be more responsive to the landform. Access to P.A. 22 is now from P.A. 23
eliminating the need for two access roads from P.A. 21 and across a dominant landlorm.
This landform is now preserved as a continuous open space system.
3. Planning Area 22 has been designed using the daylight grading technique to nearly
eliminate all the significant manufactured slopes along the easterly edge.
4. Planning Area 21 uses a series of different elevation cul-de-sacs to nearly match the
natural landform along the westerly edge and maintain the broken, undulating landform
that exists in this area.
5. Planning Area 21 also is divided into three separate terraces to divide the slope and place
the slope behind homes where it can be screened from view.
. .
Mr. Paul Kiukas January 20, 1992
Hillman Properties West, Inc. Page 2 of 3
Screening of Slopes
The screening of manufactured slopes has been accomplished using a variety of techniques.
1. Some slopes have been designed so as to be screened by existing natural features of the
property. An example of this is the westernmost slopes of P.A. 17 which are screened
from view by a grove of existing eucalyptus trees.
2. Selected slopes will be planted with taller trees on the lower slopes so that the majority
of the slope will not be visible from most viewing angles. An example of this will be
the planting along the westerly edge of tIJ?t Street in P.A. 22. Another example is the
slope on P.A. 21 adjacent to the golf course. Here tall plantings near the base of the
slope will screen the slope from the golf course while maintaining views from the homes
over the vegetation to the golf course.
3. A number of slopes are located behind homes and are of a height that they generally will
not be seen from the residential streets.
4. Some slopes are temporary and will not have to be permanently screened as they will be
removed when adjacent development occurs. An example of this is the slope along
Poinsettia Lane adjacent to the Community Park. Future grading of the park site will
eliminate most of this slope height.
5. Slopes that are contour graded to blend with adjacent natural slopes will be revegetated
with native plants similar to surrounding areas. This will allow the slopes to visually
blend together as these plants mature.
Hillside Road Design
The road design conforms to the hillside road design criteria using the following techniques.
1. Single-loaded streets are used in both P.A.'s 17 and 22 to allow terracing of the site plan
to fit the site. In addition, P.A. 22 uses a common driveway to access several prime
homesites rather than a standard cul-de-sac.
2. Hillside design standards for roadways have been used to achieve the best fit to the
landform and reduce grading.
3. Roadways from the Aviara Master Plan have been eliminated to preserve the visual
character of important landforms. These are the two Master Planned roadways from P.A.
21 to P.A. 22.
0 .
Mr. Paul Kiukas January 20, 1992
Hillman Properties West, Inc. Page 3 of 3
4. A more curved realignment of Ambrosia Lane near Poinsettia has been made to avoid
some hillside areas to the west.
5. Most of the residential cul-de-sacs end in open space rather than residential lots. This
preserves views and access to the hillside areas.
I hope this discussion is helpful in documenting how the Phase III plan fulfills the hillside
development and design standards and modifies the approved Aviara Master Plan to respond to
opportunities for more sensitive hillside design.
Very truly yours,
P & D TE H7
Gary B. Wood, AIA
Associat Vice President
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
(Formerly Elm Avenue) )
Carlsbad, California 92008 )
Space above this line for Recorder's use
ParcelNo.215-040-19, 20, 21, and 215-080-24
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 9th day of March , 199 2 by and between
Aviara Land Associates Limited Partnership
(Name of Developer-Owner)
a limited partnership . hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 2011 Palomar Airport Rd., Suite 206, Carlsbad, CA 92009
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as "City, whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached
hereto and made a part of this agreement, hereinafter referred to as "Property'; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows: subdivision of
118.4 AC into 139 lots on said Property, which development
carries the proposed name of_Aviara - Phase III and
TWA 1
4.
RI
is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 9th day of March, 19, with the City a request
for Master Plan Amendment, Tentative Subdivision Map, and
Hillside Development Permit & General Plan hereinafter referred toas'Request" Rifle ndment
and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's
public facilities and services are at capacity and will not be available to accommodate the additional
need for public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will be
available to meet the future needs of the Development as it is presently proposed; but the Developer
is aware that the City cannot and will not be able to make any such finding without financial
assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
3.5% of the building permit valuation of the building or structures to be constructed in the
Development pursuant to the Request. The fee shall be paid prior to the issuance of building or
other construction permits for the development and shall be based on the valuation at that time.
REV 11/90 2
O 0
This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles
18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 3.5% of the building permit
valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to
the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad
Municipal Code. Condominium shall include community apartment or stock cooperative. The terms
"other construction permits", "other construction permit" and entitlement of use" as used in this
agreement, except in reference to mobile home sites or projects, shall not refer to grading permits
or other permits for the construction of underground or street improvements unless no other permit
is necessary prior to the use of occupancy for which the development is intended. Developer shall
pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other
construction permits for the development. This fee shall be in addition to any fees, dedications or
improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of all
or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate
a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when made, shall become a part
of this agreement. Sites donated under this paragraph shall not include improvements required
pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City's General Plan. If the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
REV 11/90 3
0
development will not be consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or entitlement for use shall
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer to
comply with any requirements of other public agencies as evidence of adequate public facilities and
service sufficient to accommodate the needs to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests made by
Developers are not approved.
7. Any notice from one parry to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the following
manners:
7.1 If notice is given to the City by personal delivery thereof to the City or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid
and certified.
7.2 If notice given to Developer by personal delivery thereof to Developer or by
depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as may have been designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall
REV 11/90 4
apply to the respective successors and assigns of Developer and the City, and references to
Developer City herein shall be deemed to be references to and include their respective successors
and assigns without specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall terminate; provided,
however, that any successor of Developer's interest in the property shall have first assumed in
writing the Developer's obligations hereunder.
9. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
REV 11/90 5
0 O
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER:
Aviara Land Associates Limited
Partnership
ii. L. Lxemens
Vice ?recident/ei-eri1 Manager
(Title)
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
MARTIN ORENYAK
For City Manager
(Tide)
41 ATTEST:
ALETHA L. RAUTENIANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
REV 11/90
O
STATE OF CALIFORNIA
I SS.
COUNTY OF San Diego
On March 10. 1992 before me, the undersigned, a Notary Public in and for said
State, personally appeared D. L. Clemens, personally known to me er-proved to inC on-the
be the person who executed the within instrument as the
Vice President of Aviara Land Company, a Delaware corporation, the corporation that
executed the within instrument on behalf of Aviara Land Associates Limited Partnership,
a Delaware Limited Partnership, the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal.
a.
NOTARY PUBLIC
(Seal)
CFRCAL SEAL 67 i LUCIA A. O'DWYER 1:T NQTAY PUIL4MJOM
)
', 1$,.I4
Carlsbad Unified School District
$Ot FxcAvcnue. CarIabd, California 92008-2439 (619) 7.929t FAX (6 19) "AU _Students Can I
BQtRD OF T.STS
October 17 ) 1990
Mr. Mike Hottzmfller
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,
Gecrg'ana Kirby 6
Information Systems Manager/
Long Range Planning
J&MESIMCCOELMICK
JUA.N(E L XYGIVLnD
Yo ?idct
OE ANCEEL
J. EWtR 9WITZER, JE..
ALD M. JOS4
DISTRICT
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THOMAS E.
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OEB.A.!t C. Th 1'A.'(
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DEWAYE L TEASEL
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PA 23 INFO SHEET
Aviara is proposing a land use change on PA 23 from neighborhood commercial
(NC) use to multi-family residential (MF) use. Even though commercial uses typically
generate the highest investment return per square foot, Aviara has received strong
evidence by local commercial brokers that commercial uses on- PA 23 are not financially
feasible now or in the future, unless the City's general plan for this area of town is
radically altered.
Consider:
a) PA 23 was designated commercial prior to City approval of plans for
the now existing multi-service, general commercial centers at Alga/El
Camino Real and Poinsettia/I-5. The expected service area for these
centers both overlap Aviara.
b) The expected local retail market area population has shrunk since the
1987 approvals as a result of the City's growth management program
"down zoning" of the area, including a quadrant dwelling unit cap. This
was done after the PA 23 commercial viability study was completed.
c) The site is not at the confluence of major roadways. Alga Road is
expected to carry some 19,000 ADT at buildout. Black Rail Road, less
than 10,000 ADT. It is our understanding that these figures alone
render the site commercially infeasible.
d) The site is situated 30 feet above the elevation of Alga Road, with very
limited roadway visibility.
e) The site is not situated on the "going home" side of the roadway from I-
5, which we understand is the desirable side for commercial operations.
We have looked at any and all other alternative sites within Phase III and can find
no site which would be an acceptable commercial location. We are, however, aware of
a proposal by the Kelly Trust to re-zone property at Palomar Airport Road and College
Blvd. (42,000 ADT and 24,000 ADT) to commercial. Also the Green Valley property is
proposing an expansion of the originally contemplated commercial uses.
pa23.ak.z
EXISTING UTILITY EASEMENT R/W
R/W R/w
VARIES 28' VARIES
A. C. PAVING 1 CL Ql
jH-
01/') cn U') 0
IL1 icjJ
EXISTING GROUND GROUND EXISTING GROUND
EXISTING WATER MAINS
TYPICAL ROADWAY CROSS-SECTION
BLACK RAIL ROAD (OFFSITE)
NO SCALE