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Home My WebLink AboutCT 99-14; THE REGENCY; Tentative Map (CT) (40)BACKGROUND DATA SHEET CASE NO: CT 99-14/PUD 99-06 CASEN~E: ~T=h~e=R=e~ge=n=c+y __________________________________________ ___ APPLICANT: Regency Development. LLC REQUEST AND LOCATION: A proposed 12-lot. ll-unit planned development located on the north side ofUnicomio Street in LFMP Zone 6. LEGAL DESCRIPTION: Lots 417,418, and 419 of La Costa Meadows Unit No.3, Map No. 7076 APN: 215-360-16, -17, and -18 Acres: 1.77 acres Proposed No. ofLotsfUnits: 12-lotsI11-units GENERAL PLAN AND ZONING Land Use Designation: RMH -Residential Medium High Density Allowed: 11.5 units per acre Density Proposed: ",,-6,:,:.2,-,Uill=· t!:!:.s-",p=er"-a=c,,,,-r=e __________ _ Existing Zone: ""RD=--M~ __________ __ Proposed Zone: N~/ A"""---____________________ _ Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site RD-M Vacant North RD-M Single-family PUD South RD-M Church! Multi-family East RD-M Multi-family residential West RD-M Multi-family residential PUBLIC FACILITIES School District: San Marcos Water District: Vallecitos Sewer District: Leucadia Water District Equivalent Dwelling Units (Sewer Capacity): ""-1.:...I-=E=D~U,,,--__________________________ _ Public Facilities Fee Agreement, dated: !!....:Jun=e'-4!..!1..,-"'1"'-99"""'9'---__________________________ _ ENVIRONMENTAL IMPACT ASSESSMENT 1:8:1 Negative Declaration, issued ~O~c"""'to=b=er~14.!...>-, "'"'19~9~9 __________________________ _ D Certified Environmental Impact Report, dated ____________________________ _ D Other, ______________________________________________________ _ FAX NO. FROM : BRETT DEVELOPMENT • ~Ml' VWI ,aJlIU .... V. 1 I I QITY OF CAAlSBAn' LAND use REVfew APPLICATION 11 APPLICA no NS APPUED fOR~ (CHECK BOXES) . ,(f'OR OEPAftTM!NT I~ DEPARTMENT LISt;: ONI.y) USEONLYl 0 Administrativlt Petmlt-2nd. [j F'la"ntci Industrial, Permit Owetllng Untt 0 Administrative Varianoe-0 Planning Commission- O.t8l'mlnatlon 0 Cant,l DlveiOpment Ptmllt 0 Pl'8QIS& IJevo'9pmtmt Plan 0 Condltio,.,al Use Permit' 0 "edeveJopmem-Permit IJ CDndomlnlum Pennlt ' . Q srte, Oovelopmem-I't~1n gg Environm.mal Im~Ct ~ll8m8nt 0 Sp«ciel USIt< Pelmlt: 0 Ge~1 Plan Am.ndml!lnt 0 Spoqific Plan 10 HIlJafde D.valopment Permit, I[l ~~~.I8"P8'1I.1 M.",. . 0tmIIn 1rom E[1fjftetrin9 Oepllrcmom 0 Local Co~uital Plan AmendmQrn: 0 Tentative Trect Map 0 Manar Plan 0 Vurirmce 0 Non·RlIJlIidentl31 P'~nned 0 Zone Change Oevelopm.rrt '0 " ~ P/(ll"lned Dev$/o/mlent Permit; Ust other appi!cMions 110r specjfiod AsseSSOR PARCEl. NOeS).: 215-360-16 & 17 2) 3) 4} P~OJECTNAM~ ~Xb~R~R~~~e~n~r¥y ________________ ~ ____________________ __ SFIIEF DeSCRIPTION OF PROJecT! 11 Hpj t attaqhes' §j mtl i famiJ,y "welling; witb common area 6) OWNER NAM~ (Print or .. T'{1lel MAIUNG ACORiSS 205 Meaoow Vista Way CITY AND STATE %rpo Encinitas, Ca. 71 eRIEI'" LEGAL. D5SCIlIPnON TELEPHONe 0-753-6269 6) APf'lICANi NAME {prillt or iypa} Regency Development, LLC MAIUNG ADOA~$S 205 Mead?W Vista way CITY ANO STATE ZIP TELEPHONE 76 -753-6269 Lots 417 & 418 Map 7076 La ,Costa Meaqows #3 Non:. ~ PROPOSEQ PRO .. IISc::r ~IR1l!IG: MULTlptEAPPLlcATlONa BI"JIfnJttl, MUSf. lie BUBMITrm:PNOft-TO 3~O P.M. /It. PflOPoS&D,.....oJECT MQUUINO ONLY om, AP~TJOftaE PlUD. ,MUSI" 8E stJlIII4rrrtiD: .PRrOIfTD. 4:00 P:M. Form 1 e CITY OF CARLSBAD LAND USE REVIEW APPLICAT 1 ) APPLICATIONS APPLIED (CHECK BOXES) (FOR DEPARTMENT USE ONLY) 0 Administrative Permit -2nd 0 Planned Industrial Permit Dwelling Unit 0 Administrative Variance 0 Planning Commission Determination 0 Coastal Development Permit 0 Precise Development Plan 0 Conditional Use Permit 0 Redevelopment Permit 0 Condominium Permit f$l Site Development Plan ~ Environmental Impact 0 Special Use Permit Assessment 0 General Plan Amendment 0 Specific Plan 0 Hillside Development Permit .0 =FeAtati>.'e PaFee! Mal" Obtain from Engineering Department 0 Local Coastal Plan Amendment m Tentative Tract Map 0 Master Plan 0 - -Variance - 0 Non-Residential Planned 0 Zone Change Development ~ Planned Development Permit 0 List other applications not s~ecified 2) 3) 4) ASSESSOR PARCEL NO(S).: ..z..,$'-3bO-lb,n!l~ PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) .'" &t:lrBR. I N p..' p~ P~T(€.s 1-1 N C . MAILING ADDRESS tf ( ( -fJ. C-E t-l-rRA L; f'--.j G": ,=£l-6 Cl-O 6) APPLICANT NAME (Print or Type) B~~\\ \)~,:rf"LOrJ~r-1\ MAILING ADDRESS "l () s;-J-{.G"fi'\)o1,0 V\S'l11 V' *~ . CITY AND STATE ZIP TELEPHONE CITY AND STATE ~ LErJ.UAL rc., c-A. '1/.).03 (<1 rrt).sn ~_{)So sJ-.X·IJJ\'1(}s' l eft I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFOR'''TION IS TRUE AND CORRECT TO THE BEST OF MY KN(),;VLED5E. Sl~"~;'~~ ~ ~ DATE· '. (FOR DEPARTMENT USE ONLY) TELEPHONE 7 S3'6"269 7) BRIEF LEGAL DESCRIPTION LD\::::, ~\ \ l 4-\ 'C I .q \ 6) cf-r-lAP 1\ \ 7.L\ I Lit (OSlA H t:Tt-DO\IJ~ ',i 3 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 i , ~ • CITY OF CARLSBAD • LAND USE REVIEW APPLICATION 1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) 0 Administrative Permit -2nd 0 Planned Industrial Permit Dwelling Unit 0 Administrative Variance 0 Planning Commission Determination 0 Coastal Development Permit 0 Precise Development Plan 0 Conditional Use Permit 0 Redevelopment Permit 0 Condominium Permit ~ Site Development Plan SDP 9q-\ I ~ Environmental Impact 0 Special Use Permit Assessment 0 General Plan Amendment 0 Specific Plan D Hillside Development Permit D =i=eAta'l:i'o'e PaFeel Maf3 Obtain from Engineering Department 0 Local Coastal Plan Amendment ~ Tentative Tract Map CT C)CJ· ~Lf 0 Master Plan 0 Variance 0 Non-Residential Planned 0 Zone Change Development -~ Planned Development Permit PUD g'106 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or,Type) t:>AtJfJ'\ ~Of--\~ F-fl-M\L~ 'rQu~\ 0/b}\ MAILING AD'DRES$ •. i'e~~ c'~~ fM$.. e-m.T , ~W, 07S" .' " t CITY AND STATE -~IP· 1--,.1\.. ·-tA'··.,. .' qOOb, ';) <!'f"'~" ~ ;r :~. ~~ ':,'~ ~.;; ,'. \ ... {"\ ~,~_ TELEPHONE 0 List other applications not specified 6) APPLICANT NAME (Print or Type) B~t\\ \:)~t=-LOV7~-M MAILING ADDRESS 'Z () c;-rtG'A~$u.J CITY AND STATE SU.l IJ\ ,"I%:. J eft ZIP wzo"U\ TELEPHONE 7S1 '6 "Z69 I CERTIFy;tHAT-1"A'M .IKE L'.E'GAt" OWNER AND THAT ALL THE ABOVE I INFO TION ~ IS:' .TRUE . AND CORRECT TO THE BEST OF MY KN LED E. SI DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ~f\J qqoLf~ Form 16 PAGE 1 OF 2 • 8) LOCATION OF PROJECT: • 9) 10) 13). 16) 19) ~2). STREET AOI1RESS ON THE SIDE OF C>tJ\c.OW\,o BETWEEN (NORTH, SOUTH, EAST, WEST) I. cl.-fUe-(l..\\5" ?\,", (NAME OF STREET) AN D eo R.l ~i1A-S'tl (NAME OF STREET) (NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE PROPOSED NUMBER OF LOTS ,~11) NUMBER OF EXISTING ~12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS TYPE OF SUBDIVISION I Re~'114) PROPOSED IND OFFICE/ B 15) PROPOSED COMM I SQUARE FOOTAGE . SQUARE FOOT AGE PERCENT AGE OF PROPOSED 1 ___ 1 17) PROPOSED INCREASE IN 1 ---1 18) PROPOSED SEWER PROJECT IN OPEN SPACE ADT USAGE IN EDU GROSS SITE ACREAGE 1 \.11 1 20) EXISTING GENERAL 1 (21'1 t-\ 1 21 ) PROPOSED GENERAL PLAN PLAN DESIGNATION ~Xf$TING' ZONING 1~~MI23) PROPOSED ZONING I ~~MI [[] 1'1.~b~ I ~ I~MHI 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW.BOARD MEMEBERS OR CITY COUNCIL MEMBERS. INS T AND EN PROPERTY THAT IS THE SWBJECT OF THIS APPLICATION. I/WE CONSENT Tn.~~lV FOR THIS P'!J.I:I+<Y~t:I FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 DEVELOPfvlENT FAX NO~ : 402 894 5304 Sep. 09 1999 12:03PM P3 .. . S~P. 08 1999 03:35PM Pl FAX NO. ! 818 582 0588 MThilJTES OF MEETlNG 0:1< THE BOARD OF DmECTORS OF SABRI~A PROPERTIES, INC, A special meeting of the Board of the Directors oftbe Corporation was hdd on April 6, 1999 at 3;00 p, M. at 411 N, Central Ave. Suite #600, Gleo.dal~, Califotnia. Waiv~ of Notioo was silned by an the directors and the waiver was made a part of and precedes the minutes of this meeting. The ~etinS w-as called by Vahe ftovsepiJm, President. Tb~e were prescot:, representing a quorum of the board: Vabe HovsepiUl. Varooj Hovsepiatt Maggie Hov~ian In Sorge 8Q2 N. Camden Drive, Beverly Hills 1388 Balmoral., Glendale 1645 Carla Ridge, Bever.ly Hills V.ahe .sovsepim1, Premdent acted 8S chainnan Md Varooj HovsepW.t acted as secretary. The minutes of the ptev.ioU$ special meeting were read and approved. On·motion duly mac;f.e md carri.ed by the affinnative vote of a majority of directors present at the mel'tiu&, the following resolutions were adopted: REisolved. that it is in the best intere~ of the c01pQmion to selllotQ 417 and 418 of Map 7076 of La Costa in the City of Carlsbad County of San Di.e~o to Brett Development, Ino. for Olo S\UXl. ofS53Q.OOO.OO. It was fhrth~ IIgreed that aD. the tem1S md oondiUon.s outlined in the "VAcant Land Purchase Contract" d4ted April 2. 1999 from Brett 'DevelopJ:neD.t, Ino. is agreed IDld llC'""PtBble t() tms corpo:ration. 'These lots hsvc been listed and on aDd off the market fOT S(;V'aal yellIS7 without success. Furthettnoro Vah.~ Rov$epian was empowered and db:ected to execute and accept all documents required to accomplidl the furegomg vote. There being no filrther business to oome befor~ the m.eeting,. it was adjourned on nwllon duly ro2de and carried. \ "' 't CQ{OEJR~.121S114-20 FIRST AMERICAN TITLE INSURANCE CO:MPANY 411 IVY SI'REET, SAN DIEGO, CALIFORNIA 92101 (619) 23t-4605 FIRST AM:ERICANTITLE 411 IVY STREET SANDlEGO, CA92101 SUPPLEMEl'"'TAL REPORI' ATIENI!ON: JUANITA DREW· YOUR REFERENCE NO.: OUR ORDER NO.: DATED AS OF: 99-8505JD 1218114-20 AlJ<7lJST17,1999 !HE ABo-VE :'ft.1I-iEEKED REPORT (INCLUDING ANY SUPPLEtviENTS &1\ID!OK AIylENDrv1E~'TS !HERETO) IS HEREBY MODIFIED ANDiOR SUPPI..E1vLENTED TO REFLECT !HE FOILOWING ADDm01\AL ITEMS RELATING TO TIm ISSlJANCE OF THE POllCY: xxx ITrLE IS 1\OW VESTED IK SABRlNA PROPERTIES. I1\C .• A CALIFORNIA CORPORATION DATED: AUGl"ST24,1999 ORDER NO. 1218114-20 FIRST AMERICAN TITLE INSURANCE COMPANY . 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN VIEGO, CALIFORNIA 92112 (619) 238-1776 August 19, 1999 FIRST AMERICAN TITLE 411 IVY STREET SAN DIEGO, CA 92101 AnN: JUANITA DREW YOUR REF: 99-8505JD OURORDERNp. 1218114-20 BUYER: BREIT DEVELOPMENT IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE -INSURANCE, THIS COMPANY 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 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 OR NOT EXCLUDED FROM COVERAGE. PURSUANT TO THE PRJNTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS . . TIrE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR . . .. .- POLICIES ARE SET FORTH HEREIN .... COPIES OF THE POLICY FORMS SHOULD BE READ. TIrEY ARE A V AiLABLI~: FROM TIm OFFICE WHICH ISSUED THIS·REPORT. _..-. . . . • ~ • p' --' 'PLEASE -READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF TIllS REPORT CAREFllLLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU. WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN -. .. . RE'PRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUJlPLE~NTS OR AMENpMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR . TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF AUGUST 17,·1999 AT 7:30 A.M . .. ~NYD~OFFICER .. DIRECT DIAL PHONE 231-4605 FAX.NO. 231-4629 PAGE 1 ORDER NO. 1218114-20 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY TillS REPORT IS:' ALTA OWNER'S WITH WESTERN REGIONAL EXCEPTIONS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY TillS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO -THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL ANI? S£ECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT TIllS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED -PROPERlY BEFORE CLOSE OF ESCROW. --THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHtS HAVING BEEN RELINQUISHED ON MAP NO. 7076. 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFEREN~E, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS -. OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED OCTOBER 6, 1971 AS FILE NO. 230020 OF OFFICIAL RECORDS. PAGE 2 ORDER NO. 1218114-20 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $220,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078805 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: GOLF PROPERTIES, ING., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: RIV A, N.Y., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO ARC N.V., A NETHERLANDS ANTILLES CORPORATION BY ASSIGNMENT RECORDED SEPTEMBER 17,1980 AS FILENO. 80-301504 OF OFFICIAL RECORDS. AFFECTS LOT 417. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $225,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078641 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: G.9LF PROPERTIES, INC., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: . RIVA, N.V., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST ·.'UNDER SAID DEED OF TRUST WAS ASSIGNED TO SABRINA PROPERTIES, INC., A CALIFORNIA CORPORATION BY MESNE ASSIGNMENTS OF RECORD. THE PRESENT INTEREST WAS ACQUIRED UNDER DOCUMENT RECORDED FEBRUARY 15, 1984 AS FILE NO. 84-056749 OF OFFICIAL RECORDS. AFFECTS LOT 418. 7. AN AGREEMENT REGARDING LIMITED AVAILABILITY OF SEWER SERVICE, DATED (NO DATE SHOWN), UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LEUCADIA COUNTY WATER DISTRICT, A COUNTY WATER DISTRICT AND GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION. RECORDED: DECEMBER 14, 1981 AS FILE NO. 81-390650 OF OFFICIAL RECORDS. -, REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 ORDER NO. 1218114-20 8. THE REQUIREMENT THAT EVIDENCE AS TO THE LEGAL EXISTENCE AND CURRENT STATUS OF GOLF PROPERTIES, INC., BE FURNISHED PRIOR TO THE ISSUANCE OF TITLE INSURANCE. 9. TIDS COMPANY WILL REQUIRE FROM GOLF PROPERTIES, INC." A CALIFORNIA CORPORATION: A) THE SIGNATURES OF TWO (2) VALID OFFICERS ON ANY AND ALL DOCUMENTATION PERTAINING TO THE TRANSACTION, OR IN THE AL TERNA TIVE; B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE SUBJECT SIGNATOR OR SIGNATORS TO SIGN ON BEHALF OF THE CORPORATION. 10. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COpy OF A CORPORATE RESOLUTION APPROVING THE SALE OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. 11. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF A CORPORATE RESOLUTION APPROVING THE ACQUISITION BY BRETT ENTERPRISES, INC., OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. " 1998-1999 TAX INFORMATION: CODE AREA: 09063 PARCEL NO.: 215-360-16-00 1ST INSTALLMENT: $1,038.49 PAID 2ND INSTALLMENT: $1,038.49 PAID LAND VALUE: . $175,000.00 IMPROVEMENTS: $-0- , EXEMPT: $-0- CODE AREA: 09063' PARCEL NO.: 215-360-17-00 1ST INSTALLMENT: $1,038.49 PAID 2ND INSTALLMENT: $1,038.49 PAID 'LAND VALUE: $175,000.00 IMPROVEMENTS: $-0- EXEMPT: $-0- PAGE 4 .- ORDER NO. 1218114-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 417 AND 418 OF LA COSTA MEADOWS UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNT RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1971. -,- . ~. : PAGES MAP NO. 7076 I LA COSTA MEADOWS UNIT NO.3 SHEET 5 OF 9 SHEETS .!!-l / "",! i' "" s/ ~~:! -----; ~l ~ 4,;/ I J ~ .~ y~ " (~~~$ 512 'jN .~ I ~R:~: ~ .---mn ~_ 1. .\__ !UR I . -~i/;J~ l ."f.'J ~ ~ '. -.S/3 ~':: 4 II. ~ -7r;Jl z t! I~' .-e.' !l ~!it l~'~ ;) . !\ ~" _J. 301:I?ro ~ -f ::;:::U' ~. , Inar ,,:~ ""----' ., i ,.k'J' Il " ~~x~ Vf¥11J ~ ,i >---... Sf! SN] SEE I I !'f:} i \ \ \ _ __ r_NarwtV'£ -" T 1/81X1' ~ SOU SHE"\ [':J" \ I 85.01' 10601' :.. 5(f/ oor »1.«1' 517 DtlO' \ \ l.'l ~ It ~ ~ NO. \ 9 f.·Of} \' I km.f1' _____ .I . 17.;0' I 5/~ fINO/)' 7~ot' __ ._ 8Il.P3' __ •• :-0., \ .50 .. ".. ~O.1 I STREE[ -0 d z ~ ! OIl -'""'~m-._ >t. .. -~ FtUi !j'a.?' ... .'t¥l2>1 rot'~ 114 . .Jil' 817$ J1&ZS !d£ .iik!;!!:JfJ:f;'w:;,=--... , ~ ~! .,t.U .. ... '" -(.'COSTA ." ~: ~~ ~ ~ ~ .ii') ~ t; ~ ;/It t-:! ~ ;/tl <flO ~ t-: ~ ;/I!! ~ 1 hI ... .. ~ OIl ;/18 ~ ;/17 116 ~ 1:5 !il Ii! 1:, .. __ ---+--~A .. (>J«( ... jJ RlMrS 1 AI'FtIlflT/U¥F I1J lors I ~13. ~t:', 111. 420,119,1I8,I'P 1110 "' III AIIO 70 1.1 PlIRflON V ALGA I I?().4D. N£LINClIISIICO I AND IrAIYCO t ALGA _____ II ;r(W~'£ 3' '1'1'''''''''''''''' ," """S''',,, ,. "I""" ",",",,,,,,,,~',,.,., ,t, ",.""""",, ,."r. IT' ,,, """""'«'I":y,J __ '!,-. • _____ ,v12"W'.x7'1 tr:M.!rY____ ' .~ 91 _·J:r -I \'poer,oAl Or ~IUM(), __ _ ("'(SI.! cr lfrAI!IXr>.rJ ROA D OCOICATED HEIIEON) .~-1z,.--_ 'e, LWIlXAG.lRA;;';;:;;:;;;'j'ivro: ;;:;;;;;;;,; om" '" n!lYO;~--;~-;:;:----,--) lil'SfHr/P 'M FlJI1IU Sr.fr{T llH JaP69(J5 AIl.I M:7.it' .!IE:"'" «(.'N-:{) Dr A(not' tY Ttl!" tJ:JJRP« SU~~l'Iso;;.s OY Oc.!:$, ""1. staDlYfS'CN JlOfJW.tfr/ Il ' .. ,a/ , lVI', '\ ~ I ~ vi 'JJ" 1 ~ ~ 4 i • '9.? I. I .7?O .-(" ~J/~' I ,;<II I • ,-~/ ~".~: I /1 ,... ! L.J. L. u.:,p 1_,L. fHJ::. AVLH.<:J ~7 ALGA (. ~~b- ROAD ~ ;V,02 lv/LiP lVa f3.9..,O::' COUNTY TM2~8~-3 ailE t:Kl.fC .>.lJU,' ).I2-~",:y) ([-5JJaJ " Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report " Preliminary Report .' First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. ,CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY· 1990 SCHEDULE B 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 notice 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. . EXCWSIONS 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 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 affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubtic 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, Detects, 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 of the indebtedness, to comply with the applicable "doing business" laws of the state in which the ;Jand 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 insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or simitar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Poticy. 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 and not shown by the public records but known to the in'sured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 ihad paid value for the estate or Interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts, rights, Interests, or claims which are liot shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, tabor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 't' +-~ 'l t¥ '" :I; ",,." .. _ .......... ,,. e' ..... "", .... ".,,,. "" '.-<,,,,,,", -0','", •• " "", .... ,,, -~~ ORDER NO. 1~18114-20 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 May 3, 1999 FIRST AMERICAN TITLE 411 IVY STREET SAN DIEGO, CA 92101 ATTN: JUANITA DREW YOUR REF: 99 -8505JD OUR ORDER NO. 1218114-20 BUYER: BRETT DEVELOPMENT IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 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 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF APRIL 15, 1999 AT 7:30 A.M. RA PH SNYDER TITLE OFFICER DIRECT DIAL PHONE 231-4605 FAX NO. 231-4629 PAGE 1 .' ORDER NO. 1218114-20 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNER'S WITH WESTERN REGIONAL EXCEPTIONS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 7076. PAGE 2 " ORDER NO. 1218114-20 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED OCTOBER 6, 1971 AS FILE NO. 230020 OF OFFICIAL RECORDS, SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $220,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078805 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: RIVA, N.V., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO ARC N. V ., A NETHERLANDS ANTILLES CORPORATION BY ASSIGNMENT RECORDED SEPTEMBER 17, 1980 AS FILE NO. 80-301504 OF OFFICIAL RECORDS. AFFECTS LOT 417. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $225,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078641 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: RIVA, N.V., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO SABRINA PROPERTIES, INC., A CALIFORNIA CORPORATION BY MESNE ASSIGNMENTS OF RECORD. THE PRESENT INTEREST WAS ACQUIRED UNDER DOCUMENT RECORDED FEBRUARY 15, 1984 AS FILE NO. 84-056749 OF OFFICIAL RECORDS. AFFECTS LOT 418. PAGE 3 " ORDER NO. 1218114-20 7. AN AGREEMENT REGARDING LIMITED AVAILABILITY OF SEWER SERVICE, DATED (NO DATE SHOWN), UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LEUCADIA COUNTY WATER DISTRICT, A COUNTY WATER DISTRICT AND GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION. RECORDED: DECEMBER 14, 1981 AS FILE NO. 81-390650 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. THE REQUIREMENT THAT EVIDENCE AS TO THE LEGAL EXISTENCE AND CURRENT STATUS OF GOLF PROPERTIES, INC., BE FURNISHED PRIOR TO THE ISSUANCE OF TITLE INSURANCE. 9. THIS COMPANY WILL REQUIRE FROM GOLF PROPERTIES, INC." A CALIFORNIA CORPORATION: A) THE SIGNATURES OF TWO (2) VALID OFFICERS ON ANY AND ALL DOCUMENTATION PERTAINING TO THE TRANSACTION, OR IN THE ALTERNATIVEi B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE SUBJECT SIGNATOR OR SIGNATORS TO SIGN ON BEHALF OF THE CORPORATION. 10. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF A CORPORATE RESOLUTION APPROVING THE SALE OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. 11. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF A CORPORATE RESOLUTION APPROVING THE ACQUISITION BY BRETT ENTERPRISES, INC., OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. PAGE 4 1998-1999 TAX INFORMATION: CODE AREA: PARCEL NO. : 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. : 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09063 215-360-16-00 $1,038.49 PAID $1,038.49 PAID $175,000.00 $-0- $ _. 0- 09063 215-360-17-00 $1{038.49 PAID $1,038.49 PAID $175,000.00 $-0- $-0- PAGE 5 ORDER NO. 1218114-20 .. • I ORDER NO. 1218114-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 417 AND 418 OF LA COSTA MEADOWS UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNT RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1971. T:05/03/99 12:53:22 V: / / CP 00 PAGE 6 .~ MAP NO. 7076 SHEET 5 OF 9 SHEETS ____ I{l ", LA CO~~A M!EA2~WS !U~l~. ~<O. 3"" 'I -, ---;~' -: li I ,\ "~8 \ 50? \ ,·06' \ • v.. \ \ . 4C"--J!<i " SIO 5'0. 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PORTllI,v OF ALeA 1 RO';O ,IlG.LIN41t115I1EOI ANO""'YEO IZo.aJ' '4.S17. teM.M' __ .. .0 d z l-i .. .. .. .. 4.'5 --J?I-·-t ALGA _____ J/ 7Z"O!J'!D"C (lUStS (F 4£AI1IK5J) ;?8Z~6O' ___ _ ROA 0 {)£OICA7£D H£I1£ON -_ .... ?r--a • to" cOS-Po 1 i 3£13 f ~'AG ...... ;~-;"~~;';;'j'~/ar /y ,fEJECTEO OFFEIlIY N[¥CJT!ar OF 101 ? -:5 ~YE.P RJIi FUTl/IIE SThELT .!IN JtlP6905 tfI.If NOJII 4££11 '(({,EPHP BY ACnt)¥ (Y lilE fJ:JJHIJ 'ffStJ.PMI'I.50if,5 cw_qr:~~..L'-'lL ~/YISI(JN &X!t%U ~ ALGA ....... ~ U;\lIT \1 ~ 'J J J ~ /~ ,;0:;-(-r; : __ /-~ /j .~I I 'p AJ:"~! :/1/ "-~ ! _, . ._ U...,p Jr JYI_rJVu,,,..J ·(11 7ee.-a;' (. ~'b- ROAD ~ ~ ti ND? !Yi.AP ;va COUNTY TM288"Z-3 GlIr. ~f.a .:J.C.l.f.. JL2-.~19 .1::J ([-j'JYJJ 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 , WITH 4-.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE ." , . . 1. Any law, ordinance or governmenlal regulation (including but not limited to building and zomng ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment 01 the land, or regulating the character, dimensions or location of any improvement now or herealter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of potice power unless notice 01 the exercise of such rights appears In the public records at Date of Poticy 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 and not shown by the public records but known to the insured claimant either at Date of POlicy or at the date such claimant acquired an estate or interest Insured by this policy or acqUired the insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy) 4. Unenforceabllity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "dOing business" laws of the state in which the land IS situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Titte Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following. Part One. 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 2. Any lacts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possessIOn thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4 Discrepancies, contilcts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriZing the issuance thereof, water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company Will not pay loss or darnage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to bUilding and zomng 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 affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a Violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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 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 the extent insurance is afforded herein 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 Unenforceabllity 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 proteclion or truth in lending law. 6. Any statutory lien for services, labor or matenals (or the claim of priority of any statutory lien for services, labor or matenals 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 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, that IS based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of eqUitable subordination, or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure. (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the eXClusions set forth in paragraph 6 above are used and the foltowing exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, allorneys' 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY· 1992 EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, allorneys' 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 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 ot the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other mailers: (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 writin~ 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) allaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY ·1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs. allorneys' fees or expenses) which arise by reason of: Part One: 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. 2. 3. 4. 5. 6. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY· 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, allorneys' fees and expenses resulting from: 1. Governmental pOlice power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • . improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered TItle Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically descr,it1ed.~~I.f,r~red to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land • This exclusion does not limit the access coverage in Item 5 of Covered TItle Risks. ..,. (" "'f'( Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report e· Preliminary Report ~+ 1//71 'fIg- First American Title Insurance Company a EXHIBIT A LIST OF ~ED EXCEPTIONS AND EXCLUSIONS (Byecy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY· 1990 SCHEDULE B EXCEPTIONS FROM CDVERAGE 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 existmg liens by the records of any taxmg authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result m taxes or assessments. or notice of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts. rights. mterests or ctalms which are not shown by the public records but which could be ascertained by an mspection of the tand or which may be asserted by persons m possession thereof Easements, liens or encumbrances. or ctalms thereof. which are not shown by the pubtlc records. 4. Discrepancies. conftlcts in boundary tmes shortage m area. encroachments. or any other facts which a correct survey would disclose. and which are not shown by the public records (a) Unpatented mining claims. (b) reservalions or exceptIOns In patents or in Acts authonzlng the Issuance thereof. (c) water rights. ctalms or title to water. whether or not the matters excepted under (a). (b). or (c) are shown by the public records EXCLUStONS FROM COVERAGE The foltowlng matters are expressty excluded from the coverage of thiS policy and the Company wit I not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (mcluding but not limited to building and zoning laws, ordinances. or regulations) restnctlng, regulating. prohibltmg or relating to (i) the occupancy. use. or enjoyment of the land. (II) the character. dimensions or tocation of any improvement now or hereafter erected on the land. (iii) a separation m 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 protectron 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 delect. lien or encumbrance resulting lrom a violation or alleged Violation affectmg the land has beer, recorded in the public records at Date 01 Policy (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a nolice of a defect, lien or encumbrance resulting from a Violation or alleged Violation affecting the land has been recorded in the public records at Date of PoliCY. RlghlS of eminent domain unless notice of Ihe exercise Ihereof has been recorded In Ihe public records al Dale of Policy. bul nol excluding from coverage any taking which has occurred pnor 10 Dale of Policy which would be bmdlng on Ihe rights of a purchaser for value wllhout knowledge Defecls. liens. encumbrances. adverse claims. or other matters (a) whether or not recorded in the public records al Date of Policy. bul created suffered. assumed or agreed 10 by the insured claimant, (b) nol known 10 Ihe Company. nol recorded In the publiC records al Date of PoliCY but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior 10 the date the insured claimant became an msured under Ihls policy. (c) resuiling in no loss or damage to the Insured clalmanl (d) attaching or created subsequenllo Date of Policy. or (e) resulting in loss or damage which would not have been sustained If the Insured clalmanl had paid value for the insured mortgage or for the estate or inleresl insured by Ihls poliCY Unenforceability of the lien of Ihe Insured morlgage because of Ihe inability or failure of Ihe Insured at Date of Policy. or Ihe Inabllily or failure of any subsequent owner of the indebledness. 10 comply With the applicable "dOing business" laws of Ihe stale In which the land IS situated 5. Invalidity or unenforceabllity of the lien of Ihe insured mortgage. or claim thereof. which arises out of the Iransaction eVidenced by the insured mortgage and is based upon usury or any consumer credit protection or trulh in lending law 6 Any claim. which anses out of the transaction vesting In the insured Ihe estate or Interest Insured by their poliCY or the transaction creating the interest of the insured lender. by reason of the operation of federal bankruptcy. state Insolvency or similar creditors' rights laws 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B . 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law. ordinance or governmental regulation (including but not limited to bUilding and zoning ordinances) restncting or regulating or prohibiting the occupancy. use or enjoyment of the land. or regulating the character. dllnenslons or location of any Improvement now or hereafter erected on the land. or prohibiting a separation In ownership or a reduction In the dimensions of area of the land. or the effect of any Violation of any such law. ordinance or governmental regulation. 2 Rights of emment domain or governmental righls of police power unless notice of the exercise of such nghts appears In Ihe public records at Date of Policy 3 Defecls. liens. encumbrances. adverse claims. or other matters (a) created. suffered. assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known 10 the Insured claimant 8ilher at Date of Policy or at the date such claimant acqUired an estate or interesl Insured by this policy and not disclosed In wntlng by the insured claimant to the Company prior to the dale such Insured claimant became an insured hereunder. (c) resuiling in no loss or damage to the insured claimant. (d) attachmg or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest insured by thiS policy 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B . 1970 WITH REGIONAL EXCEPTIONS When Ihe Amencan Land Title ASSOCiation policy is used as a Standard Coverage PoliCY and nol as an Extended Coverage Policy the exclUSions set forlh In paragraph 2 above are used and the following exceptions to coverage appear In Ihe poliCY SCHEDULE B ThiS policy does not msure agalnsl loss or damage by reason of the matters shown In parts one and two followmg Part One 1. Taxes or assessments which are not shown as exisllng liens by the records of any taxing authOrity that leVies taxes or assessments on real property or by the public records 2 Any facls. rights. interests. or claims which are nol shown by the public recoros but which could be ascertained by an inspection of said land or by making Inquiry of persons In posseSSion thereof 3 Easements. claims of easement or encumbrances which are not shown by the public records Discrepancies. conflicts In boundary lines shortage in area. encroachments. or any other iacts which a correct survey would disclose. and which are not shown by public records Unpatented mining claims. reservations or exceptions In palents or In Acts authOrizing the Issuance Ihereof. waler righls claims or title to water Any lien. or rlghl to a lien. for services labor or matenal heretofore or hereafter furnished. Imposed by law and not shown by the public records 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 eWlTH t\.L.T.A. ENDORSEMENT FORM 1 COVERAGe SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law. ordinance or governmenlal regulation (including but not limited to bUilding and zOning ordinances) restncting or regulating or prohibiting the occupancy. use or enjoyment of the land. or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land. or prohibiting a separation In ownership or a reduction In the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exerCise of such rights appears In the publiC records at Date of PoliCY Defects. liens. encumbrances, adverse claims. or other matters (a) created. suffered assumed or agreed to by the IOsured claimant. (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acqUired an estate or Interest Insured by this poliCY or acqUIred the Insured mortgage and not disclosed In wntlng by the Insured claimant to the Company pnor to the date such Insured claimant became an Insured hereunder. (c) resulting in no loss or damage to the insured claimant. (d) attaching or created subsequent to Date of Policy (except to the extent insurance IS afforded herein as to any statutory lien for labor or matenal or to the extent IOsurance is afforded herein as to assessments for street Improvements under construction or completed at Date of PoliCY) 4. Unenlorceabllity of the lien of the IOsured mortgage because of failure of the Insured at Date of PoliCY or of any subsequent owner of the Indebtedness to comply with applicable "doing bUSiness" laws of the state in which the land IS situated 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders PoliCY IS used as a Standard Coverage PoliCY and not as an Extended Coverage PoliCY. the exclUSIOns set forth In paragraph 4 above are used and the followlOg exceptions to coverage appear In the poliCY. SCHEDULE B ThiS policy does not Insure against loss or damage by reason of the matters shown in parts one and two fol/owing Part One. 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authoflty that leVies taxes or assessments on real property or by the public records 2 Any lacts. rights. interests. or claims which are not shown by the publiC records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 Easements, claims of easement or encumbrances 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 public records 5. Unpatented mining claims, reservations or exceptions In patents or 10 Acts authorizing the Issuance thereof' water fights. claims or title to water. 6 Any lien. or fight to a lien. for services. labor or material theretofore or hereafter furnished. Imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.lA. ENDORSEMENT FORM 1 COVERAGE 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 aflse by reason of 1. (a) Any law. ordinance or governmental regulation (including but not limited to bUlldlOg and zOning laws. ordinances. or regulations) restflcting. 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 Ihe dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any Violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a Violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy 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 Delects. 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 prioflty of the lien of the Insured mortgage over any statutory lien for services. labor or material or the extent Insurance IS afforded herein 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 sustalOed If the Insured claimant had paid value for the insured mor:gage. Un enforceability of the lien of the Insured mortgage because of the Inability or lalture of Ihe Insured at Date of PoliCY. or the rnaoliity 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 Invalidity or unenforceabllity of the lien of the Insured mortgage. or claim thereof. which aflses out of the transaction eVidence a by the insured mortgage and IS based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services. labor or malerrals (or the claim 01 priOrity of any statutory lien for services. labor or materials over the lien of the Insured mortgage) aflslng 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 rndebtedness secured by the Insured mortgage which at Date of PoliCY the Insured has advanced or is obligated to advance Any claim. which aflses 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' fights laws. that IS based on (I) the transaction creating the rnterest of the insured mortgagee berng deemed a fraudulent conveyance or fraudulent transfer or (II) the subordination of the Interest of the insured mortgagee as a result of the application of [he doctrine of equitable subordrna' on. or (iii) the transaction creating Ihe interest of the Insured mortgagee berng deemed a preferential transler except where the prefereni·ai transfer results from the failure (a) to timely record the Instrument of transfer. or (bl 01 such recordation to Impart notice to a purchaser for value or a Judgment or hen creditor 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the Ameflcan Land Title ASSOCiation policy IS used as a Standard Coverage PolICy and not as an Extended Coverage Policy the eXC'_310ns set forth in paragraph 6 above are used and the following exceptions to coverage appear in the poliCY SCHEDULE B This policy does not Insure against loss or damage (and the Company 1'1111 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 Any facts. rights. interests. or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possesslor :hereof Easements. claims of easement or encumbrances which are not shown by the public records 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 publiC records. Unpatented mining claims reservations or exceptions in patents or In Acts authOrIZing the Issuance thereof water rights. claims or title to water. 6 Any lien. or right to a lien. for services labor or material theretofore or hereafter furnished. Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The follol'l'ng matters are expressly excluded from the coverage of thiS policy and the Company Wilt 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. (il) 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 affecting the land has been recorded In the publiC records at Date of Policy (b) Any governmental pOlice power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded In the public records at Date of PoliCY Rights of eminent domam unless notice of the exercise thereof has been recorded In the publiC records at Date of PoliCY. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects. liens. encumbrances. adverse claims or other matters (a) created. suffered. assumed or agreed to by the Insured claimant (b) not known to the Company. not recorded In the public records at Date of POlicy but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under thiS policy. (c) resulting In no loss or damage to the Insured claimant (d) attaching or created subsequent to Date of Policy. or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest Insured by Ihls policy 4. Any claim. which arises out of the transaction vesting In the Insured the estate or Interest Insured by thiS policy. by reason of the operation of federal bankruptcy. state Insolvency, or Similar creditors' rights laws, that IS based on (i) the transaction creating the estate or interest Insured by this poliCY being deemed a fraudulent conveyance or fraudulent transfer. or (Ii) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer. or (b) of such recordation to Impart notice to a purchaser for value or a Judgment or lien creditor 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 8 above are used and the following exceptions to coverage appear In the poliCY SCHEDULE B ThiS poliCY does not IOsure agalOst loss 0; damage (and the Company Will not pay costs. attorneys' fees or expenses) which arise by reason of Part One: 1 2. Taxes or assessments which are not shown as eXisting liens by the r~cords of any taxing authOrity that leVies taxes or assessments on real property or by the publiC records Any facts. fights, IOterests. or claims which are not shown by the public records but which could be ascertained by an IOspection of said land or by maklOg IOquiry of persons In possession thereof 3. Easements. claims of easement or encumbrances which are not shown by the public records 4. Discrepancies. conflicts 10 boundary lines, shortage 10 area. encroachments. or any other facts whiCh a correct survey would disclose. and which are not shown by publiC records 5 Unpatented mining claims: reservatIOns or exceptIOns 10 patents or in Acts authonzing the issuance thereof. water rights. claims or title to water 6 Any lien. or nght to a lien. for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule S, you are not IOsured against loss, costs. attorneys fees and expenses resulting from 1 Governmental police power. and the eXistence or Violation of any law or government regulation This Includes bUilding and zomng ordinances and also laws and regulatIOns concerning • land use • land diVISion • Improvements on the land • enVifonmental protection ThiS exclusion does not apply to violations or the enforcement of these matters which appear 10 the public records at PoliCY Date ThiS exclUSIOn does not limit the zomng coverage descnbed in Items 12 and 13 of Covered Title Risks The nght to take the land by condemning It. unless 3 Title Risks • a notice of exercising the right appears In the public records on the Policy Date • the taking happened pnor to the Policy Date and is binding on you If you bought the land Without knOWing of the taklOg that are created allowed or agreed to by you that are known to you. but not to us. on the PoliCY Dale -unless they appeared 10 the publiC records that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material I'en coverage In Item 8 of Covered Title Risks 4 Failure to pay value for your title 5 Lack of a right • to any land outside the area speCifically descri~ed and rpi8rred to 10 Item 3 of Schedule A. or • in streets. alleys. or waterways that touch your 'land' Trls exclUSion does not limit the access coverage in Item 5 of Covered Title Risks. ~DER NO. 1218114-20 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 May 3, 1999 FIRST AMERICAN TITLE 411 IVY STREET SAN DIEGO, CA 92101 ATTN: JUANITA DREW YOUR REF: 99-8505JD OUR ORDER NO. 1218114-20 BUYER: BRETT DEVELOPMENT IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURA}JCE, THIS COMPANY 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 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 OR NOT EXCLUDED FROM COVERAGE PURSUA.L'\JT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROlVi 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF APRIL IS, 1999 AT 7:30 A.M. ~~OFFICER DIRECT DIAL PHONE 231-4605 FAX NO. 231-4629 ORDER NO. 1218114-20 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNER'S WITH WESTERN REGIONAL EXCEPTIONS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS; (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVE~UE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES; THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 7076. FAG2: 2 ORDER NO. 1218114-20 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED OCTOBER 6, 1971 AS FILE NO. 230020 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $220,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078805 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: RIVA, N.V., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO ARC N. V., A NETHERLANDS ANTILLES CORPORATION BY ASSIGNMENT RECORDED SEPTEMBER 17, 1980 AS FILE NO. 80-301504 OF OFFICIAL RECORDS. AFFECTS LOT 417. 6 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $225,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 7, 1980 AS FILE NO. 80-078641 OF OFFICIAL RECORDS. DATED: MARCH 4, 1980 TRUSTOR: GOLF PROPERTIES, INC., A CALIFORNIA CORPORATION TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: RIVA, N.V., A NETHERLANDS ANTILLES CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO SABRINA PROPERTIES, INC., A CALIFORNIA CORPORATION BY MESNE ASSIGNMENTS OF RECORD. THE PRESENT INTEREST WAS ACQUIRED UNDER DOCUMENT RECORDED FEBRUARY 15, 1984 AS FILE NO. 84-056749 OF OFFICIAL RECORDS. AFFECTS LOT 418. PAGE 3 ORDER NO. 1218114-20 7. AN AGREEMENT REGARDING LIMITED AVAILABILITY OF SEWER SERVICE, DATED (NO DATE SHOWN), UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LEUCADIA COUNTY WATER DISTRICT, A COUNTY WATER DISTRICT A-ND GOLF PROPE~TIES, INC., A CALIFORNIA CORPORATION. RECORDED: DECEMBER 14, 1981 AS FILS NO. 81-390650 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. THE REQUIREMENT THAT EVIDENCE AS TO THE LEGAL EXISTENCE AND CURRENT STATUS OF GOLF PROPERTIES, INC., BE FURNISHED PRIOR TO THE ISSUANCE OF TITLE INSURANCE. 9. THIS COMPANY WILL REQUIRE FROM GOLF PROPERTIES, INC." A CALIFORNIA CORPORATION: A) THE SIGNATURES OF TWO (2) VALID OFFICERS ON ANY AND ALL DOCUMENTATION PERTAINING TO THE TRANSACTION, OR IN THE ALTERNATIVE; B) AN ORIGINAL OR CERTIFIED COpy OF THE RESOLUTION AUTHORIZING THE SUBJECT SIGNATOR OR SIGNATORS TO SIGN ON BEHALF OF THE CORPORATION. 10. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF A CORPORATE RESOLUTION APPROVING THE SALE OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. 11. THE REQUIREMENT" THAT THIS COMPANY BE FURNISHED A COpy OF A CORPORATE RESOLUTION APPROVING THE ACQUISITION BY BRETT ENTERPRISES, INC., OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. PAGE 4 1998-1999 TAX INFORMATION: CODE AREA: PARCEL NO. : 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. : 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09063 215-360-16-00 $1,038.49 PAID $1,038.49 PAID $175,000.00 $-0- $···0 - 09063 215-360-17-00 $1,038.49 PAID $1,038.49 PAID $175,000.00 $-0- $-0- PAGE 5 ORDER NO. 1218114-20 ORDER NO. 1218114-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 417 AND 418 OF LA COSTA MEADOWS UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNT RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1971. r-js!o3/93 12:53:22 V: e - MAP NO. 7076 -J ""i l 51f LA COSTA MEADOWS UNIT NO.3 SHEET 5 OF 9 SHEETS ~I -!"" --------~ ~ , #~~,.. ! ~I ~~~4"' ' " "-jl\ . :''J ''1f! I' b" I ,1 " ,.~ '''' "{'t-..." I ~. x.!,~~~ --------...... I ~ 1!iJ ,: ~ tv 1 ~/~ / I ",!jCr:l ~ ~'" w ~I!f" ,-"" I ~ .'~. S£4ll' NQ ~ 1 I ~l I" !I?;;WJOT l,."f1} ,: -------1-2<7-JQ. 't\ " .! :5l:",I! d ~i:2~, z -<e.; ~ ,~~ , -.. ::"( !I k'-"--11f6J \~ 'itK7 ,,/.I .... dr.90·Xt\? .. 1{:>20' l~JIJ..2· SEE I SHEET\ JiG I fO) :'78 ___ N'lOWaYE /lBW' 8f.60' /J5.0'1' tli I()J.6J' I /06Oi' ~ ::: ;:; '" l ~ II ~ SIS r 516 ~ ~ t ~, !l~ , <:1 ! .~ tu.e"'k/f ~~~ ~ ""70~ ~'s' ~ UNICORNIQ---=:"N1ZOof'3fJ'f" ~ '.JJ{.~rr -L----'1 -!.f!..1Y'-L-~ .... ___ ~ __ ~ , : ---_. ',--- J -----17UX)' 1O./.!5' 1iM0J' \ -<-,-r;;;}----."--'-,MO !: .~: x ~! III i ~i .:,,4 111 111 III "0 ~ ~~ '<i ;; " ~' :ii tl' ~ JPJ ~J 4ft \>i t:; ~ -] 1/3crJ' ~ 421 ______ ,fi2'O!J'J(rE ~ I lila?' ~ ~ !l ~ ~ 420 ~ ~ .., ~ ~~' ~ \ 50;' \ \ 9007 !()61)fJ' ~ ~ 517 '" ~ §l ~ ~ 1J6.(JJ' If OJ(;' ~/!J NO, \ 9 5't~ \ 1IJ2'j2' ______ 1_ 71!!6' a,or 518 IOGoo' !;'O.'i I \ \ 5{J,!. \ \ \ i ~i 50'; tflOI' __.J.: .. __ "!ii: ' j..ll-~-_~--~"'~"""'\ -fi~; \ 81107' ..... -... /15.00'·····::-1 I I ~ ~I ... ;:: 51!! :> ... l:1 ~ ~ ~ t: '" '>: -.l, ..-•• I:SDJ ..... ·1 ~ ~ I~~! \ j ~~ I ~~ u~ I i ~ Ii § 1 ~ 520 I :) I i'I I ~ I~ :( ~~ V ' I ~: t ~I f-!£' ~~ I! ~I .k'jl4/'" I --,,"1 .f.?! STREET ~ c.J£);~7Ul-:, _ 7,11<1' --------~-/7i.5f,·i'&9('6 ~-:J lJ/.VG ___ •• -___ "'~ ,,.L' '"( • .ov", nflOl' .. _ . • ..... ' .... ~ __ lrJ?'OJ~II~·rt .. ~- I"""""""mlili 'MT·-==~".H'-'"'~llW7~d .• ·J"7 [.C-a: \ \ ~ ~ ~\ ;:: >-\ ~ il ." 'i 4/8 ~I ~ c' .., 417 ;'16 , // I .4(((55 H:6~TS i AP/'uKrfK",v1 /0 10rS 1113' II?, Ill. 4I!OJI9"18'i '17 ".<If) IIi IN ,<VI) nJ ',A PORT/O", V AL(;A \ ~ d z ... ! '" ... ... .. ~/5 'I' Y'{'';5(JJ'"·",, "I,,,,,,,,, liot»' __ ~~-"'V("",,-,-,,,_ ,., WU.l.",fl'l.:@'J..u-,--",u...l''--''-'--'..w..L.LJ!J.\"!:!~5[J;lli.u..,~.J.i.._DlJ«illi!'lmm:mkEm:mmflJ.;lI?Jljrnil'illl;L.J..L!.li.U.l.wl:.!i\:1;"T''':;;~~ -'-"-1-! ___ ._,¥7.~o:J'JtrE!CU k>' ___ ._ "--'2,---", '-I i 1 '-.'" '" \. I ". ALGA _____ JI7Z'O!i·SO'£ (f!MI.J0I"1ICAIIIK6,r) 28&'460'_____ ROADNDtr,~~ J'" -· ... :r -~ / '-:oce-'OtV Or r5:.. L.X,. ....... "he 'I£R£aN \ .2.:--~ tv' COSIT· .,F V [1"@·('{'ftLiW,,,;;;;-;o~:::;';;j·roli'Tl{Vfor.?ljFCTFO iJrl'ElllIf':/),OT:~OFlOr'l/" )"--1---' -.-------, A LG A HfS(lmfJ 1M FUIIIIIE STIffET ,"Eli' VAP6905 Jiff ."'14' BEEA' ,fC('/PICO BY "moy 0" ROAD • TilE OOJfi'f) 'x ;u;.r,~n2Jh~ Crl'_ Oc.t;~.I .. ~,'T.L Sl'SOfYlS'OII 80()fZl,1H}' .... ! I " , 1 ~ / N" ! ,,~--------.., ~,' ~ /~--------------'----.' . .,3" .--,....' " " Ij .,.1 \ l' r-' f~ ('-r, ' ./ / :..~ "" I 1 '\/.I -r \1 ~ '" I; .\~V.? ! '-..-J '., J...jl j.r J'y).c.rJU-./:;//~/ fjJ J J ,., t; I J .-., il,,~7xii (-~ ~ -'g .• I ,/ /\ P '\ ·n DC" c.J f.l.c' j /i.l""", J j~. (Yf(' " CJUNTY TM288'l-3 GUlF ~.fC .J.C!.f J./2-'68~ 1') (t.-S3;;)) Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report '. -, , Preliminary Report &0+ 414 First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B 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: ~ ~ / toY ~ w, 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 notice 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. 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 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 affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental pOlice power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser ·for value without knowledge. 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 of the indebtedness, to comply with the applicable "doing business" laws of the state in which the tand 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 th~. insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the in'sured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in toss or damage which woufd not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3~ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land ntle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following' Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said fand or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or mate~al heretofore or hereafter furnished, imposed by law and not shown by We public ~rds. ~ -i ,"-.......... ~"".~_ .... ,"'"'" ..... ~ '" ' •• J,~....J.J.':-"'. ~ • ..,., )'w .. ·," .. 'Ii. ..... -.......... ·,Ie .... ..:. ...... -~~~"'~ A'4 _" -we." ,,_-, ..... ~ ...... !-."' .. .-.. ........... ~, , ... ,.hi= ...... {_ ...... ~ ___ .... __ ......... _ ....................... _ .... __ , ~RDER NO. 1218188-20 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 May 18 r 1999 FIRST AMERICAN TITLE 411 IVY STREET SAN DIEGO r CA 92101 ATTN: JUANITA DREW YOUR REF: 99 -8611JD OUR ORDER NO. 1218188-20 BUYER: BRETT DEVELOPMENT r INC. IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE r THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUEr OR CAUSE TO BE ISSUED r AS OF THE DATE HEREOF r A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH r INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT r LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES r 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. 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 r A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MAY 5, 1999 AT 7:30 A.M. DIRECT DIAL PHONE 231-4605 FAX NO. 231-4629 PAGE 1 I " ., ORDER NO. 1218188-20 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNER'S WITH WESTERN REGIONAL EXCEPTIONS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROSE MARIE THOMAS AS TRUSTEE OF THE SURVIVING SPOUSE'S TRUST ESTABLISHED PURSUANT TO THAT CERTAIN DOCUMENT ENTITLED "DECLARATION OF TRUST" DATED DECEMBER 2 8, 1981 AND EXECUTED BY DANNY THOMAS AS TRUSTEE AND BY DANNY THOMAS AND ROSE MARIE THOMAS AS TRUSTORS, AS PARTIALLY AMENDED BY THAT CERTAIN DOCUMENT ENTITLED "AMENDMENT TO DECLARATION OF TRUST" DATED MARCH 9, 1982 AND EXECUTED BY DANNY THOMAS AS TRUSTEE AND BY DANNY THOMAS AND ROSE MARIE THOMAS AS TRUSTORS, AN UNMARRIED WOMAN THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 7076. PAGE 2 , ... ORDER NO. 1218188-20 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED OCTOBER 6, 1971 AS FILE NO. 230020 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 5. THE TERMS, COVENANTS, AND PROVISIONS OF THE TRUST AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS, AND PROVISIONS. 6. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COpy OF THE TRUST AGREEMENTS REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 7. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WE WILL REQUIRE A STATEMENT OF INFORMATION FROM ROSE MARIE THOMAS, (SELLER). 8. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF A CORPORATE RESOLUTION APPROVING THE ACQUISITION BY BRETT DEVELOPMENT INC. OF THE HEREIN DESCRIBED PROPERTY, AS APPLICABLE. 1998-1999 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09063 215-360-18-00 $685.30 PAID $685.30 PAID $79,862.00 $-0- $-0- PAGE 3 1 , .. . . ORDER NO. 1218188-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 419 OF LA COSTA MEADOWS UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNT RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1971. T:05/18/99 15:48:00 V: / / EB 00 PAGE 4 r. .... i '" /~~l -u LA COSTA MEADOWS '" :1' ~-Ht ~r1EET\ 507 ~ 0; ,I I \ '07 1,/ ,~ ",~ '" I ". \ "" \ ~~~t ~/2 "'~ '::--1 ~ ~ ~ ~ ~ /!zo!' ":" ,----mi1 " .a{)(f , :. I . . '-'\.'-:4'~ !8f/.5'J' • ; .' ,I> -- . .:.e'!J' ~~' r·.!t)' ~ !:;; S' ~/.J ----z,r.~' .m:.k flZ'W-""f iJr.IP) mar \ J i ~~ ~ ~ i~ :! ~a_<; 4"14 ti.~ / ~'JO' ~ "'"[1 bJI . .tl' ",. \ maJ' J . --.. - ~ Qi~ ill SIS All.55' ___ K7r1 SI6 "",ai' ~I ~! ~ 517 IJG.IXl' ~ ~ ~~(' {J ~4r!lOWW \ ;>~QT~ -: • ____ m t __ K7l",-"" UNICORNIO. __ ~~ ___ _ MAP NO. 7076 UNIT NO.3 SHEET 5 OF 9 SHEETS \ \ ~ ~ ~ ~ ~ .. ;,; 500 /Ot'iM' ___ ._ •• 7t!/£. 4, 518 mG/JO' 769.02!... _ fiO.' \ 504 I 51.9 ~ t" ~ ,. 503 Jr($]5"· ...... y~~ ~J r~~ ~II ~g <I. Il-J~ I "-I, ~ 'Ii ~ 520 ~ I It Iii I " ~ I~ ~ ~} I ....... -If5./JO'.-...... STR££[ € .1:.~, .f21 .0 d z ti ! -_ ~ --,_.. anol' .. _.. _.__ 'Int'fJ/<' -' : 1IO.aJ' 1I.1.Cl'J' 118..3Ir 1'2000' II,.SJ' 111: A.~~fIi:lll· /-... X III 4U ... ... III A lACOsv. i ~, 3lJS ~I l ~ ~ ~I ~I ~\ .. .. lit I ~ l-!' 0 ~ Itl 4P3 .Itt 421 420 -IIJ '. 418 417 £1 ./.16 :-1 ~lS ~ ~ ~ ;:: " ~ ___ ~~ ____ ~A~lf~(S~S ~~s ~13, ~ti', It I. _,119, 1IlJ,I/n ,(111) ". III MIl) ro I A I'tIIITION OF ALGA I !?CAD. RELlN«//SHE:O I AIIO /fAlyeO ~ ALGA /L.J.j .'iJfJ 'o.a." 114.. A L G A '-'" JI ?Z'09'5J'C (lJ.lsrJ' 01" .8CA/1/Kif.!} Cw ((XAlir;!RA;~-;(J~~;m·?oIfJION Of' .lDlOFf) CHEll iJF /JEIJ.IOllOH IJI'I.OT 'LI" IfE56fI'EO 1'0.9I'UTUIIE STlfEfT l'EIi' V'(P6905 ItU A"'''' BEfN '((CEPI'EP BY.rcnav <I" TilE 6I7M'IJ or .wfl>i'i'.:zws 9Y _q",..t~.L~'lL SVSOI¥I$hJN ICM.M' __ •• E8EMO' •• __ CDSTA 3!J1 /A92 fY/ E A.L/t;ljlY S 411 Up/IT ·ot»'. I~ -'2>-- ROAD ~ pjO 2 JJd.r:lP iVO BIi, c COUNTY TM288'l-3 (t-5!lXV Cit/If _oM JJCU, ).12-NI1 £kI .;..; t:: <!) E: E: o o 0') ...... o l!) Q) OJ ~ co "-~ .. c: :2 .g- '-U) ~ ...... a <'.J , co co """ co ..... <'.J ..... ~ 'E o \ .~ 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE . ... Any law. ordinance or governmental regulation (including but not limited to bUilding and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land. or regulating the character. dimenSions or location of any improvement now or hereafter erected on the land. or prohibiting a separation In ownership or a reduction in the dimenSions or area of the land. or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the publiC records at Date of Policy 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 and not show~ by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by thiS pOlicy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder. (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance IS afforded herein as to any statutory lien for labor or material or to the extent Insurance IS afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "dOing bUSiness" laws of the state In which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following excepllons to coverage appear In the policy. SCHEDULE B ThiS policy does not insure against loss or damage by reason of the matters shown In parts one and two follOWing Part One 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 2. Any facts. rights. interests. or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 Easements. claims of easement or encumbrances 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 publiC records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights. claims or title to water 6 Any lien. or right to a lien, for services. labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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 zomng laws. ordinances. or regulatIOns) restricting. regulating. prohibiting or relating to (I) the occupancy. use. or enjoyment of the land. (il) 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 affecting the land has been recorded in the public records at Date of PoliCY (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a Violation or alleged Violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exerCise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 the extent Insurance is afforded herein 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. Unenforceabillty 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 anses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 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. that is based on: (I) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (Ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (IIi) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer. or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage PoliCY the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 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 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 affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (iI) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: 1. 2. 3. 4. 5. 6. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protecllon This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right ~ppears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. ntle Risks: 4. 5. • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered TItle Risks Failure :to pay value for your title. Lack of a right: • to any land outside the aroG'sp<aCifica;17 described and referred to in Item 3 of Schedule A, or ~_ '';')0, • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered'Titie Risks. ~ • • City of Carlsbad 1200 Carlsbad Village Drive Applicant: BRETT DEVELOPMENT INC 8et Id: 8000000172 Description CT990014 PUD99006 8DP99011 Total; Receipt Number: R0004928 Transaction Date: 07/16/1999 Carlsbad CA Amount 6,640.00 5,000.00 6,770.00 18,410.00 Pay Type Method Description Amount Payment Check 1068 18,410.00 Transaction Amount: 18,410.00 92008 .. - • • c . PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start unt i 1 a project app 1 i cat ion is deemed ~cpmp 1 ete by the CHy. The City has 30 calendar days from the date ~f application submittal to determine whether an application is complete or inco~plete. Within 30 days of submittal of this application you will receive a lett'"er stating wh'et-he,s-this application' is complete or in,complete. If_it,Js incomplrte, the letter wyll state what is needed to make this app~li,eaffOn comp-r-ete. Whlen the appl icat.i-on is complete, the processing period will start upon~ date f he completion lrt~er. , / /)(~ """"" ~ , Appl icant Signature: ' '--" ,,;::c::>~, ~ '''':'' ~r~___ ~ Staff Signature: ==--/~../~/ _.. ' G h,/57 7' . ~ ;» ---Date: -, -,,' ",'.~ ,',,>, ... >., .. 1,'" '''0" .~ ~ .. ~"._~. ,'.,,,,,~ ,\ .. ~. ,._ .... ~,~ , ' , ! I j ,', I • • 4/7 '1 f.(/g-- Cit of Carlsbad ------~~-----=~----~-----• DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, recei:ver, syndicate, in this and any other county, city and county, city municipality, district or other politicaLsubdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersonBernaro Reeder Title President Address 205 Meadow Vista Way Encinitas, CA 92024 2. OWNER (Not the owner's agent) Corp/PartBret t Development, Inc. Title ________________ _ Address ---------------- Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Vahe Hovsepian Title President Address411 N. Central Ave., suite 600, Glendale, CA 91203 Corp/PartSa'brina Properties, Inc. Title _______________ _ Address ________________ ___ Vahe Hovsepian Varooj Hovsepian Janet Hovsepian Maggie Hovsepian 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 t • 1 " . 3. NON-PROFIT OR&IZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitiTrust'---_______ _ Non ProfitiTrust __________ _ Title. ____________ _ Title ______________ _ Address ___________ _ Address. _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes [i] No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Sabrina Properties, Inc. iiJ~~Cl \\~~ .... 512..:,/'\,\ Signatureofown~ , V~he Hoysepian, President Bernard Reeder, President Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 e e Lo+ '-/:14 Cit of Carlsbad -------=~--~~~----~----- II • DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in 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." Agents may sign this ,document; however, the legal name and entity of the applicant ' and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Bernard Reeder Title President Address 205 Meadow Vista Way Encintas, CA 92024 2. OWNER (Not the owner's agent) Corp/PartBrett Development, Inc. Title ------------------------------- Address __________________________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate ,.page may be attached if necessary.) :, Theresa T. Gordon, and c. Anthony Thomas as Trustees for the Danny Thomas Family Trust 9IRrlofi dated 12/28/81 as amende9cJ~~~~2 ____________________ ___ Title. ____ T_r_u __ s_t_e_e_s ____________ ___ Title ______________ _ Address 1888 Century Park East Address Suite 975 ------------------ Los Angeles, CA 90067 2075 Las Palmas Dr.· Carlsbad, CA 92009-1576· (760) 438-1161· FAX (760) 438-0894 'It. 3. NON-PROFIT OR'~ZATION OR TRUST If any person identified pursuant to (1) or (2) above i~ a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Theresa T. Gordon and C. Anthony Thomas Non Profit/Trust Non Profit/Trust ----------------------- Title Trustees Title -------------------------------1888 Century Park East Add Address Suite 975 ress, _________________________ _ Los Angeles, CA 90067 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes o No If yes, please indicate person(s): ___________________________ _ NOTE: Attach additional sheets if necessary. Anita De Thomas as Attor y in Fact for Theresa T. Gordon and C. Anthony Thomas, Trustees Bernard Reeder President , Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 F~OM :, BRETT DEVELOPMENT FAX NO. 402 894 5304 4ItDec. 06 1999 02:07PM P2 ~s 411 st 4L~ Cit of Carls,b' '----=~;;;........:::.....:#-----==-...:::..-.., .1 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part oithe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your-project cannot be reviewed until this information is completed. Please print. Note:: '. '._ :,' ", ":~':':<~::::,~'.:.;~~ :;::~/ ~~.;.~.~::!.~./:~;',.:: .. :: '?'~ ;~:;:?I:~\~:~:,:'.:?~:,(:,: " ",',... . Person';, is" defined,~,' as' "An.y;:,' indi.ViQu~; finn;',; cm~erSllip;domt~,'Ven~,;>;aSsociatiOn;."sociaL cluo; fraternal organization, corporation;:: estate,., trust;,: receiv~~'sy.ndicat~,.m.~ili1s~and%'~~f~~~ic'Qrinty.:, dt.Y.~;and, county,.. city municipality;. district Or. other PQHifuaLsubdiviSionfO~an)f.'+o.~et:\Wup't,or,!cQinbiimttoo!ail'ting> as • ..ru~it~~' '. . . . . ":--"~'.: .~.,' :.: : ::/~,~~: . ',: :: ~:~ ' .... ~<:;.;~?,:.:?::~. ,,:-,::~::~.I:::.~::" . ~ . . ... . Agents' may sign' this ,document;"however" the;'}egaf nameiand,:entity..of' thel'applicanl);and:propeny' owner must be provid:ed:below; , ," ," '" , , . ' .. , " I. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a comoration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Bernarq 'geeder Title Managing M~r Address 205 Meadow Vista Way Encinitas, Ca. 92024 2. OWNER (Not the owner's agent) Corp/Part Rec;rency peyelogneu:t-, LLC Title, _______________ _ Address 205 Meadow Vista Way Encinitas, Ca. 92024 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e, partnership, tenants in common. non-profit, corporation. etc.). If the ownership includes a corporation Or partnershiJ2. include the names, title, addresses of all individuals owning more than 10% of the shares. [F NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON·APPLICABLE (N/A) IN THE SPACE BELOW. If a 12ubliely- owned corooration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Bernard Reeder Title Maoag-i n61 Membcar Address 205 Meado:w: Vi sta Way EncinitaSt Ca. 92024 Corp/Part !k'genq Developmen I:' , r i,c Title, ____________ ~~_ Address 205 Meaonw yi sta Way Encinitas, Ca. 92024 2075 L.as Palmas Dr .• Carlsbad. CA 92009-'576 -(760) 439-1161 .. FAX (760) 438-0894 FROM : BRETT DEVELOPMENT FAX NO. : 402 894 5304 e Dec. 06 1999 02: 08PM P3 3. NON~PROFlT ORGANIZATION OR mUST If any person identified pursuant to (l) or (2) above i~ a nonprofit o!'ganization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust .----------------------Title _____ ~ ___ ~ ____ _ Tit1e, __________ ~ ___ _ Ad~ss, ____________________ _ Address _______ ~ ________ __ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions. Committees and/or Council within the past twelve (12) months? o Yes Ii] No [fyes, please indicate person(s): ____ ~ _____________ _ NOTE: Attach additional sheets if necessary. Bernaro Reeder Bernard Reeder Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCl.OSUFle STATeMeNT 5/9a Page 2 of 2 " ( 12/06/1999 12:42 7604311468 SIERRA CASCADE PAGE 02/03 -e ~ity of C:rlsbadLof41'l -;Z&Ui,U.Id-lY-iUU . .fY.i. DISCLOSURE STATEMENT Applicant's statement OT disclosure of certain ownership interests on all applications which will require discre~jOMl2-' action on the part of the City Coundl or any appointed Board. Commission or Commit!ee. The following information MUST be disclosed at the time of application submittal. Your project cannot be revkwed until this information is completed. Please print. Note: Person is defmed as "Any individual, .firm, co-partnership, joint venture, association, socia.l club, fraternal organization, corporadoD, estate, trust. receiver, syndicate, in this and any other county, dry and county. city municipality, districr or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; now€ver, the legal name and entity of the applicant aud property owner must be provided below. 1. APPLICANT (Not the applicant's agent) , , Provide the COMPLETE. LEGAL nam~s and addresses of ALL persons having a fmancial interest in the application. If the appJicant incJudes a cOlJ?oratjOI1 or partnership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO JNDTVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON· APPLICABLE (N/A) IN THE SPACE BELOW. Jf a ruillli~lv-ownesLcg.rnoration. include the names. titles. and addresses of the corporate officers. (A, separa~e pa.ge may be attached jf necessary.) , ,Person Bernaro Reeder Title Presic;1ent Addre~ 205 Meadow Vista Way Encintas, C~ 92024 ..., OWNER (Not the owner's age!)t) Corp/Part Regency Development, LLC Title ______________ _ Address, _____________ _ Provide the COMPLETE."..L.EGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the namre of the legal ownership (i.e,' pannership. tenants in common. non-profit, corporation, etc.). ]f the ownership includes a corporation or partnershlR. include the names, title. addresses of all individuals owning more th211 10% of the: shares. If NO INDIVIDUALS O\VN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON·APPLICABLE (N/A) IN THE SPACE BELOW. If a oubliclv- {lwned corporation, include the names, titles. and addresses of the corporate officers, (A separate , jJagE mav be attached ifnecessarv.) ., Theresa T. Gordon and ~.~Anthony Thomas as Trustees for the Danny Thomas Family Trust qfe91o~ dated 12/28/81 as amende~J~~~~2 ____________________ _ Tit I e __ T_r_u_s_t_e_e_s ______ _ TitJe_~~ ___________ ~ Address 1888 Century Park East Address suite 975 --~------------------------ Los Angeles, CA 90067 2075 Las Pa(mas Dr. • Carlsbad. CA 92009-1576 • (760) 438-11 61 • FAX (760) 438-0894 $ '.~ 12/05/1999 12:42 7504311458 SIERRA CASCADE 3. NO]\;~PROFIT ottANIZA TlO~' OR TRUST e PAGE 03/03 .' If any person identified pursuant to (1) or (2) above i~ a non12rofit org.a.hizatiQn Or a tru.§!. list the names and addresses of ANY perscm serving as an officer or director of the non-profit organization or as uustee or beneficiary of the. The'resa T. Gordon and C. Anthony Thomas Non Profitffrusr Non ProfitITrust. __________ _ Title_--'T"'r::...:::u.:::::s~t~e::.:!e""s"'----~---Title._~_-.. _________ ~_ 1888 Century Park East Address Address Saite 975 --------------------------Los Angeles, CA 90067 4, Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past ~elve (12) months? o Yes ~ No If yes, please indicate pel'son(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the abo~e information is true and correct to the best of my knowJedge.,.~· . ~' y /'~ . ') if) d.--. /J H . Regency -De', rrr:: LLC , Cf-1-I~~*~t;;---~~ L~~7 //~ . ~ " Sig ture of 0 ~ 1q Anita De Thomas as Attor in Fact for Theresa T. Gordon and C. Anthony Thomas, Trustees Bernard Reertec President Print or type name of owner Print or type name of applicant " Signature of owner/applicant's agent if applicable/date Print or type name of oWf}.~r/applicant"s agent H,ADM/N\COUNTt:R\DISCLOSURt STATEMEN'r 5/98 Page 2 of 2 Recording Requested by and When Recorded Return to: De Thomas Bobo & Associates 1888 Century Park East Suite 975 Los Angeles, California 90067 (310) 277-4866 (telephone) (310) 286-1963 (facsimile) SPECIAL POWER OF ATTORNEY I, C. ANTHONY THOMAS, as Trustee for the Rose Marie Thomas Surviving Spouse's Trust under Declaration of Trust dated December 28, 1981, as amended March 9,1982, do hereby appoint ANITA DE THOMAS, of 1888 Century Park East, Suite 975, Los Angeles, California 90067, my true and lawful attorney-in-fact to act for me and in my name, place and stead and for my use and benefit to sign any and all documents in connection with the ownership and sale of the real property described as Lot 419 of Map 7076, City of Carlsbad, Assessors Parcel No. 2153601800, San Diego County, California, and to take any other action required on my behalf in connection with its ownership and sale. I hereby grant to said attorney-in-fact full power and authority to do and perform each and every act and thing which may be necessary or convenient in connection with any of the foregoing as fully, to all intents and purposes, as I might or could do if personally present, hereby ratifying and confirming all that my attorney-in-fact shall lawfully do or cause to be done by authority thereof. I sign my name to this Special Power of Attorney on May 5,1999, at Los Angeles, Calffornia t. (t ~ C. ~HONY THOMAS CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California ) ....D ) ss/) County of ~ ~~ On this 5th day of May, 1999, before me, Karen Travis Bobo, personally appeared C. Anthony Thomas, personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ~\~M (Signature of Notary Public) NOTARY SEAL , f • Recording Requested by and When Recorded Return to: De Thomas Bobo & Associates 1888 Century Park East Suite 975 Los Angeles, Califomia 90067 (310) 277-4866 (telephone) (310) 286-1963 (facsimile) • SPECIAL POWER OF ATTORNEY I, THERESA T. GORDON, as Trustee for the Rose Marie Thomas Surviving Spouse's Trust under Declaration of Trust dated December 28, 1981, as amended March 9, 1982, do hereby appoint ANITA DE THOMAS, of 1888 Century Park East, Suite 975, Los Angeles, California 90067, my true and lawful attorney-in-fact to act for me and in my name, place and stead and for my use and benefit to sign any and all documents in connection with the ownership and sale of the real property described as Lot 419 of Map 7076, City of Carlsbad, Assessors Parcel No. 2153601800, San Diego County, California, and to take any other action required on my behalf in connection with its ownership and sale. I hereby grant to said attorney-in-fact full power and authority to do and perform each and every act and thing which may be necessary or convenient in connection with any of the foregoing as fully, to all intents and purposes, as I might or could do if personally present, hereby ratifying and confirming all that my attorney-in-fact shall lawfully do or cause to be done by authority thereof. I sign my name to this Special Power of Attorney on May ~, 1999, at Los Angeles, California. THERESA T. GORDON CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California ) o ) ss. County of d-O':l.~ OnthislU...daYOfMay,1999,beforem~ I ~ M personally appeared THERESA T. GORDON, personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. NOTARY SEAL ~\~M (Si9I1atUreOi Notary P ub/i c) Joett ......... . ~ ~1RAWI!OBO I -<:crmiIIIcrI'10geeIIO ~~-Ccarib lcI~~ -J ..... eann. ~Mat2ll,:ID) t •••••••••••• • PLANNING DEPARTMENT APPLICATION SUBMITTAL CHECKLIST (for staff use only) • The following checklist includes items required on application forms and is intended to be an easy checkoff for application submittal. All site plans, landscape plan, elevations, floor plans and constraint maps should be submitted on 24" x 36" sheet(s) folded to 8 W' x 11". Plans'MUST be assembled into 10 complete packets by the applicant prior to acceptance by the City. Each packet must include 1 sheet of each exhibit and all sheets must be stapled into 1 complete set. l.V ~ Land Use Review Application 2V' t::1 Site Plan -10 copies 3. <Y ~dscape Plan -10 copies, 4 copies for projects with four or fewer units 4. &" . Bu' ding Elevations and Floor Plans -10 copies ~ ~\tPr-onstraints map - 1 copy 6. v ~~Fee is not required when project is obviously exempt from CEQA, i.e., for single ily homes, less than 4 units, commercial with an occupancy load ofless than 30) 7 . ./ lSl'PJF agreement - 1 notarized original and 1 reproduced copy 8 . ../ ~closure Statement 9. v [B""j>reliminary Title Report - 3 copies dated within last 6 months 10.t!" ~l):eof of sewer availability if located in Leucadia or Vallecitos Water Districts. 11. V' []YSchoolletter ~ ~en parcel map submitted , 0 Agreement to waive tentative parcel map time limits _ <1~~D For projects with an ADT greater than 500 vehicles per day or 200 or more peak-hour rvn vehicle trips o Circulation Impact Analysis - 2 copies ~~ 0 Environmental studies which may be necessary to allow adequate environmental review ;:-;--by City o Biology ~ Noise o Archeology 0 Soils contamination o Traffic 0 Other ~rojects with cut or fill depths exceeding 5 feet o Preliminary soils/geologic report - 2 copies ~\i( +6:-0 For condo conver_sl_' o_n_s: ___ ~ ~-.:ni1l,ement that Map Act will be complied with o Letter from SDG &E -plans to convert are OK o Copy of compliance inspection by Building Department ~~ For lots exceeding 1 acre / 0 Preliminary hydrology map and calculations 18. 'I ([])b;rchitectural Small Lot Guidelines Compliance Summary, if applicable ~. 19. V ~hotographs of property \:(t\~ D F6f plmmed developments on properties designated or zoned for single family development o Prelminary tentative map showing how property could be subdivided under ./ standard zoning 21../ C(Notice of Time Limits on Discretionary Applications .....-? 22. v @roject Description/Explanation Planner Date * See specific application form for additional items H:\Word\Development Services\Current Planning\Application Chklst 06/03/99 • BRETT DEVELOPMENT -"THE REGENCY" TENTATIVE MAP, SITE DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT Project Description and Explanation This application is for a Tentative Map, Site Development Plan, and Planned Development Permit to create an 11 Unit Single-Family Attached Development with common areas for access, utilities and active areas. The project gross area totals 1. 77 acres or 76,970 sq.ft within the City of Carlsbad (APN's 215-360-16,17,18). The project proposes two 32 foot wide private roads to access all units. Lot 1 is proposed to be an access/utility/active common area with 2967.62 sq.ft. set aside for the common area active. Lot 2 will have one single family detached residence; Lots 3 through 12 will have one single family attached residence on a zero lot line (duplex). The property is located directly between the south side of Unicornio Street and the north side of Alga Road, and west of EI Fuerte in the La Costa neighborhood. The General Plan designation of the property is RMH (Residential Medium High) allowing a density of 11.5 dulac. The existing Zoning is RD-M. The proposed use of this development proposes 6.7 dulac, which is consistent with the General Plan and Zoning designations. The average residential lot size is 4608 sq.ft. The project is proposed within an existing subdivided, improved and previously graded site that gently slopes from north to south at an average of 2 %. The steepest portion of the property is the existing graded cut slopes adjacent to Alga Road on the south end. Proposed grading will provide better drainage from proposed lots to the private road. No slope analysis is required of this property due to the absence of steep slopes in the development area. The project will access Unicornio Street which is a fully improved right-of-way with all required utilities. The entire property IS surrounded by similar high density attached and detached single family dwellings. The La Costa neighborhood in which the site is located strives to preserve its characteristic high density lots with well-designed custom homes, site beautification and landscaping, and street and drainage improvements. This project proposes to continue that tradition with large single family attached and detached homes, landscaping and site irrigation, and a common area active for the enjoyment of the eleven future property owners. Water, sewer, elect/gas/catv service will be provided to Lots 2 through 12 with separate services for each lot extended under the proposed access and utility easement. Each of these lots will be able to drain their respective properties to the proposed private roads. These will convey water to Unicornio street and the underground storm drain system located therein. 1 • • In summary, the Tentative Map will create 11 single family attached and detached residential lots. Lot sizes are above the minimum for the zone and similar to others in the neighborhood. The site has been previously graded; additional grading to only provide proper drainage of each lot is proposed. Unicornio Street is fully improved with all utilities within its right-of-way. Exceptional design and size of the homes, quality construction, landscaping and common area accessibility are key elements included within the proposed project. These existing conditions plus the proposed project qUalities should allow the City of Carlsbad to process the proposal toward approval. 2 • • BRETT DEVELOPMENT -"THE REGENCY" TENTATIVE MAP, SITE DEVELOPMENT PLAN,PLANNED DEVELOPMENT PERMIT Architectural Small Lot Guidelines Compliance Summary This application is for a Tentative Map, Site Development Plan, and Planned Development Permit to create an 11 Unit Single-Family Attached Development with common areas for access, utilities and active areas. The project gross area totals 1.77 acres or 76,970 sq.ft within the City of Carlsbad (APN's 215-360-16,17,18). The project proposes two 32 foot wide private roads to access all units. Lot 1 is proposed to be an access/utility/active common area with 2967.62 sq.ft. set aside for the common area active. Lot 2 will have one single family detached residence. Lots 3 through 12 will have one single family attached residence on a zero lot line (duplex). All residences are proposed to be two-story dwellings. The project has been designed to follow the "Guidelines for the Development of Small Lots", Policy No.44 issued on 8126/97 by the City of Carlsbad. The project complies with items 1-9 of the guidelines to greatest extent feasible. No deviations of the guidelines are known at this time. 1 8195 DOC., 2000-0360052 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1 200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) JUL 07, 2000 3:54 .i \II\\~ \~\~I~1 \~ I~I~~ Il~1 2000-0360052 Space above this line for Recorder's use Assessorl s Parcel Number 21 9<,360-1 61 -1 7, & -1 8 ------~~~~~~~~~~ Project Number and Name CT 99-14/PUD 99-06 The Regency NOTiCE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: LQt$ 417, 418, and 419 of La Costa Meadows Unit No.3, in the City ,pI Carlsbad, County of San Diego, State of California, according to Map thereof No. 7076, fIled in the Office Qf the Ci>unty Recorder orSan Diego County, October 6, 1971; is restricted by a Tract Map and Planned Development Permit NO(s). CT 99-14/PUD 99-06 issued by the City of Carlsbad on December 151 1999. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. ~ " . Rev. 06/04/96 PM 8196 OWNER: CITY OF CARLSBAD ~ .. l.c. VVu;.a,.. IJ ~A.u. OJa --.!:::~;:US~--.l-\..~~~a..!~u:...J4 MIC~rO Planning Director 'S"/t/OV Date Print name and title Signature M. WOOD I City Clerk AS TO FORM: Print name and title RONALD R. BALL, City Attorney Date AssistaRt City Attorney /)q>uJ::j (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, presi(i~(1t or vice-president and secretary, assistant secretary, CPO or assistant treasurer must $ign for corporations. Otherwise, the corporation must att~1Ch a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 8197 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3-~?-;)OC>D before me, __ -=-~_~=.=.c~~ ______ _ Notary Public, personally appeared ~~ D personally known to me -or [g] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authori~ed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h~nd and official seal. Rev. 06/04/96 8198 MINUTES OF THE MAY 18, 2000 SPECIAL MEETING OF MEMBERS OF REGENCY DEVELOPMENT, L.L.C. The special called upon meeting of the members of REGENCY DEVELOPMENT, L.L.C., was held at 10:00 a.m. on May 18,2000, at 4738 S. 131 St., Omaha, Nebraska. Notice of the meeting was mailed as required by law and the Articles of Organization. Call to Order BERNARD REEDER, MemberlManager, called the meeting to order, and CARLA BAUMERT acted as secretary of the meeting. Also present was RODNEY TOMPKINS. The SecretaI)' declared that a quorum was present. Approval of Prior Minutes As this was the first meeting held on behalf of REGENCY DEVELOPMENT, L.L.c., there were no previous minutes to be approved. Ratification of Actions BERNARD REEDER then reported to the meeting the members need to determine and vote on allowing BERNARD REEDER to execute, approve, notarize and "Sign any and all documents to conduct the activities of REGENCY DEVELOPMENT, 1.1. C. and proposed that the members ratifY this proposed action. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOL VED, that any and all documents to conduct the activities of REGENCY DEVELOPMENT, L.L.C. are to be executed, approved, notarized and signed by BERNARD REEDER, with full approval of the members of REGENCY DEVELOPMENT, L.L.C. Adiournment BERNARD REEDER stated that all corporate reports and further business would be conducted at the regular annual meeting of REGENCY DEVELOPMENT, L.L.C. There being for further business to bring before the members meeting, the meeting was adjourned. Dated: Secretary ~ May 18,2000 Carla Baumert LA CO. ENGINEERING 2382 CAMINO VIDA ROBLE, STE. L CARLSBAD, CALIFORNIA 92009 TEL619931-0290' FAX431-1468 CONSULTING ENGINEERING PROJECT MANAGEMENT GENERAL CONSTRUCTION TO: C f\'-\ bf c.M.L~\) ~LA-tVlV\~ \)S9~. We transmit: • LETTER OF TRANSMITTAL Project: 'nl-~ VL~tSNGu.. Project No: cr 0<J-\~J pv\) ~-Ofo Date: 0 -\~ -C)'j 1 attatched o per your request o under seperate cover via ------- The following: . f){J prints 0 rep-roducibles 0 specifications o shop drawing o samples o product literature -0 other -------------------------------- Copies 1 For your: Dated Description ~~-Li(v'~ K~t'l--df o use 0 signature & return ~distribution o information o review & comment 0 other o approval -------------------------------- Remarks: S ent by:_--4-M.J.!..ftR~T----''\~_=_M_\)_y0_T_4~()_M_c=-_~i_!__ Copies to: ----------------- DOC~ 2000-0360051 4 fJUl 2000 PLANNING PEPAR1M£NT ~Z&191 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City Clerk JUL 07~ 2000 3:54 OFFIClfi. RE('OO)S 8fVi D IE60 Cf.lI.IDY RECtlDER I S OFFICE IiEGmV J. SMITH, COONTY RECIlIDER FEES: 16.00 \IIII\III~II\~\III\~ CITY OF CARLSBAD ) ) ) ) ) 2000-0360051 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 IUDEX A5 Non C.E Space above this line for Recorder's use Parc~l No. 215-360-16, 17, & 18 NOTICE AND W AlVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING ALGA ROAD TRANSPORTATION CORRIDOR(S) CASE No: CT 99-14/PUD 99-06 This Notice Concerning Environmental Impacts is made by (name of legal owner) __ REGENCY P~VE.LOPMENTS, U_' , a(n) (individual, corporation, etc.). Limited Liability CQrp9r~tiori , hereinafter referred to as the "Owner" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including pllblic and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: Lots 417, 418, and 419 of La Costa Meadows Unit No.3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971; C. The property is located adjacent to the Alga Road Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or Noise Form #1 Rev. 02102/99 PM 8192 FORM: NOISE 1: 2 OF 3 structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor. NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Owner has and shall develop the property in accordance with a Subdivision TractlParcel Map (CT 99-14) approved by the City of Carlsbad, which approval includes the requirement of the· City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element ofthe General Plan ofthe City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the corridor, including withQut limitation, the types or number of vehicles operating on the corridor. 3. that the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the prQperty reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Noise Form #1 Rev. 02102/99 8193 FORM: NOISE 1: 3 OF 3 Executed this ;..-1 day of YVlITYLub\--ztl:t:l) -4-9 " , * OWNER: (print name here) (title and organiza.tion ofsigmitory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknow/~dgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: ~ Y.t+1&hr& Deputy City Attorney Noise Form #1 Rev. 02102/99 8194 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3 -J?-Oloou before me, ~ Notary Public, personally appeared &Jt2.tUr tL &.dvr...> ,[ ] personally known to me -or !Xl proved (0 me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Noise Form #1 J3!t~ NO~~ SAN DIEGO COUNlY MyCommi8sion~ MAY 25. 2002 I a. a $ a J ••• Rev. 02/02/99 · . 8191 15« DOC' 2000-0360051 JUL 07~ 2000 3:54 PM OFFICIIt ~1mS SAN DIEOO COIJffY REIm)£R'S IfFlCE fJEGIJ(V J. SKITH, CWffi' REClRJIR F£ES~ 16.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) IIIIII!IIIIIIIIII City Clerk CITY OF CARLSBAD ) ) ) ) ) 2000-0360051 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Parc~l No. 215-360-16,17, & 18 NOTICE ANt> WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING ALGA ROAD TRANSPORTATION CORRIDOR(S) CASE No: CT 99-14/PUD 99-06 This Notice Concerning Environmental Impacts is made by (name of legal owner) __ REGENCYJ,.r;v~L.0PMENTS, r.r -'. , a(n) (individual, corporation, etc.) limited Liability <:;otP(tr'atic;>o, hereinafter referred to as the "Owner" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts ornoise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder ofthe title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: Lots 417, 418, and 419 of La Costa Meadows Unit No.3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971; C. The property is located adjacent to the Alga Road Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the fonn of setbacks, earthen benns, masonry walls and/or Noise Form #1 Rev. 02102/99 8192 FORM: NOISE 1: 2 OF 3 structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor. NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Owner has and shall develop the property in accordance with a Subdivision TractlParcel Map (CT 99-14) approved by th,e City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element of the General Plan of the City of Carlsbad. 2. that Owner has no responsibility or control over the operation of the corridor, including without limitation, the types or number of vehicles operating on the corridor. 3. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants ofthe property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall tun with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Noise Form #1 Rev. 02/02/99 8193 Executed this ;.-1 day of fflI1Yl.()d\- *OWNER: (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of sIgnatory) • -zt!:CiJ 49 " , FORM: NOISE 1: 3 OF 3 (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: t!AiuUt ~ Deputy City Attorney Noise Fonn #1 Rev. 02/02/99 • 8194 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3' .;)7 -01000 before me, ~ Notary Public, personally appeared &A14!rcL bJJ dvu ,[ ] personally known to me -or rx1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Noise Form #1 Jl!tIi!+Y NO~~" SAN DIEGO COUHlY My Commission ExDIMI MAY 25 •. 2002. . . Rev. 02/02/99 ;-, OUT CFD -DIFFERENT ~-f '1/7 f '-I1f' Cit of Carlsbad ------~------~----------- PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. Applications for the construction of any building by a nonprofit corporation exclusively for religious, education, hospital or charitable purposes are excluded from the payment of this fee and completion of this Agreement. Also excluded are applications for the construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condominium or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgment of Execution to the form. a. b. Fonn 18 Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. Be sure the Notary form is the correct type. The "ALL-PURPOSE ACKNOWLEDGMENT" is the only acceptable form. (See attached). Rev. 01111/96 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (l) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check, payable to "City of Carlsbad". See current fee schedule for amount. Form 18 Rev. 01/11/96 t RECORDING REQUESTED BY AND ) WHEN RECORDED MAlL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1 Parcel No. 215-360-16 & 17 THIS AGREEMENT is entered into this __ 4-__ day of_-", ..... J ..... U"""'US=;;l..-___ , 19 '1Cj, by and between (name of developer) Brett Development, Inc. a (corporation, partnership, etc.) Corpora t i on , hereinafter referred to as "Developer" whose address is (street, city, state, zip code) 205 Meadow Vista Way .=<E .... n-""c ..... i ..... n .... t .... a .... s~, -'C ......... A---<.9 .... 2 ..... Q"""Z,.;;;4'--_.and (name oflegal owner) Sabri na Properties, Inc. a (individual, corporation, etc.) ,;:::C,.:::;o..::r.J::p:...::o:.,:r:.,.;:a;:,.;t::.,;l=-· o;::,;n::-______ , hereinafter referred to as "Owner" whose address is (street, city, state, zip code) 411 N. Central Ave., Sui te 600 Glendale, CA 91203 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, Carlsbad, California, 92008-1989. Form Approved By City Council July 2, 1991 Resolution No. 91-194 1 Form 18 Rev. 01/11196 RECITALS WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a development project as follows: 7 Uni t P. U • D. cons isting of 6 attached unit (duplex) units and one single on said Property, which development carries the proposed name of The Regency and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ___ day of _________ , 19 __ , with the City a request for Tentative map and P.U.D. _hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, 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 and Owner have 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 and Owner propose 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 Fonn Approved By City Council July 2, 1991 Resolution No. 91-194 2 Fonn 18 Rev. 01111196 -.. parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner 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 for use" as used in this agreement, except in reference to mobilehome 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 or occupancy for which the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of$1,150 for each mobilehome 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 and Owner 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 and Owner offer 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 Fonn Approved By City Council July 2, 1991 Resolution No. 91-194 3 Fonn 18 Rev. 01111/96 the Development with the City's General Plan. If the fee is not paid as provided herein, the city will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of 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 for attention of the City Manager, postage prepaid and certified. 7.2 If notice is 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 many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and City, and references to Developer, Owner or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest Form Approved By City Council July 2, 1991 Resolution No. 91-194 4 Form 18 Rev. 0111 1/96 , . in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 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. Form Approved By City Council July 2, 1991 Resolution No. 91-194 5 Form 18 Rev. 01111/96 -/ . - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Sabrina Properties, Inc. BY:~~\-\~ (Signature) Vahe Hovsepian (print name) President- (title) By: ( signature) (print name) (title) DEVELOPER: Bernard Reeder (print name) president (title and organization of signatory) By: (signature) (print name) (title and organization of signatory) Fonn Approved By City Council July 2, 1991 Resolution No. 91-194 6 CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENY AK, for City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If .signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Fonn 18 Rev. 01111196 · .' ... . EXHIBIT "A" LEGAL DESCRIPTION Lots 417 and 418 of La Costa Meadows unit No.3, in the city of Carlsbad, county of San Diego, state of California, according to map thereof No. 7076, filed in the office of the Count Recorder of San Diego County, October 6, 1971. Fonn Approved By City Council July 2,1991 Resolution No. 91-194/KJH 7 Fonn 18 Rev. 01111196 , . STATE OF CALIFORNIA Lo~ N0~ lJ::') COUNTY OF SAN DIEGO On / ..It.( "-t. } 115' before me, Do" v, j S, hrOhSo2? > --~~-=~=-~~~~/7~~~------ Notary Public, personally appeared VA-J,..e 1-1 t> vS..(1 e (a .f.-, [ q-personally • known to me -or [ ] proved to me on the basis of satisfactory evidence t6 be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Fonn Approved By City Council July 2, 199 I Resoiution No. 91-194/KJH 8 Fonn 18 Rev. 01111196 ! ' . . STATE OF NEBRASKA COUNTY OF DOUGLAS On Notary Public, personally appeared Bernard Reeder, President of Brett Development. Inc. ()<p personally known to me -or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ J;I GENERAL NOTARY-State of Nebraska MEUNDA R. ARNOLD My Comm. Exp. June 19, 2002 _J Sl.LOT~ @N ~ LOT COVERAGE TASLf LOT"ARt:A (51") 1 et.00$ AAI!A l5F) \.Of' 'kI-.-."'" I'M4's Sc.ale I" 20 ft 55014?.5 "2htl 1144-' i1cib' ~ TM NO. ('T '1'1-14 / PLJD '1C1-0b TENTATIVE MAP/PLANNED DEVELOPMENT NOTES: GENERAL NOTES I ~~IVI~IOH~ 1b.q,o~,. lITIAG) :l. lOTn. to. Of" I.OT!J, 1:2 lOTN. NO. Of' tJWIT~ II ~,A~1.OT5I:z:eL"'6bIt»&J" ... LOT b TO er: [)u)1G"n:o AtIO Rf~ "OR AN AGG~LllY/COH1Ot4 AA&I Lor FOR fiE eae=IT OF \..015 I TliRlII2 ~. ~PAACEl.NO.21~It>n,lt) 6, ~TPAT"", RE5lDflmAL. ZCtI!. RD~H 6fN. F'1.AH 1$;. Rnt ~ C/fl6IlY. 6:J IJHJAC. I'Df.II.o "t. \Jf1WTl2S, ..u.~, V~IT~WA~[)1~TRIGT serER, tBlCADIA u:urrr \'V.f$ DrSOOGT ~A!"5D6'~ Tl~. PAGlrlC eeu. fl. ~~. sAN M.'.~ UHIPleo SOiXlL DI~TRjGT q. Tte eeveR $'r5TEM, rtAlER NCJ 2reR LA'reRN.~. AID R16t-lT..()r'·HAY 1~!1HAU be COf6TRUC.TfD IN AGI:.ORD~ "'ITH nE STAl'DARD SPfGlflGAn0t6 fOR R.ELIG ~5 GOH50'flWG.~ rre ~ DIf60 AAJ!A R5D. ne 5or,t.K)~ OF GON!:.TRlJG.TIOH Of' nit: c.lrr Of' c,..to..RL5OAO .AJ..IO llE ~t-t:1rr !>TNiDAADS OF llE VAL1.£GITOS 1'1All:R DI!1~T NO ne L.a!C,t.OI .... GGWrr' vv.TER DISTRJGT. 10. DATE OF-f"'fla'>,Io.RATION. 5-0+-1"1 1I.6RADINQ. ~ G/Jr. sq"c.y FILL. 271' C Y. It-PORT, 17"1" C'r 1:2. R..a..1C SII::e'i,.t.l ..... AKJ aRB QI ~ Sf. I-CLL BE LEGAL DESCRIPTION L.0T!0 "n, ,.fIb NO 41q Of' LA C05TA M:)r,~ ~T HO~. HAP HO. 101l>, c.lrr Of GAAl.S6AD. ca..tifT' or ~ OIf6O, !:oTAlE OF t;N.I~IA. r-ILW Ri ne Of'f1GZ! G:f' ne COIHTl' ReCORt>tR ON 9.'19165 APPLICANT 4 SUBDIVIDER t-R~RDRfB::lER Elfl.errDf~,I~ ::IO:;~Vl&T"'HA'r E:I-GlNlfA5<.GA ",::10::" OIAINER ~L.01"!1"'I1.""O, ~lttA~RTlf$.I~ ~LOT"t<I. neD.-....rr~f''''l"1LY ~NING 5f'OhfS' musT :JAHt! I"lO'I!&IAH; fiRt3ll5b1T "MIrA DE tlbI1A!>. 'fJ:iOgf!! ENGINEER H.l.R1B..l.e.Hr:::;ltfT~ LA c.o&TA EN6-lHEfRm ~2 c.AMOO VIDA ROeLe, STf. L c.ARL.=e,I.D,C.A q::zooq RGe.~" e.»>b-~ pa>""~D ~ te.:PeP PeR ne CITY e~It-eeR~ ~n$P.,o..cllON. A P.i6t+f-at"-t'lAY fOfRHlT StW.1.. Ell! OOfA't1EO ~ flie CIf'T' fflIOR fO GOI1MEHCINiS REPAIR ~ I!I. KCU$lH6 ~T'S F'ROI"'O$ED TO Elf FUlGtv..SED TOH,.<.RO I'>FFOIQP.-.a..fl ~li:7 VICINITY MAP ""~"" .2GO ... J~l PRIVATE STREET A 51"Rffi SECTIOtI 11-'" rt.T.5 ~ T •• ~ ~ SECTION B - B fTP. HOIJ5E !>IDEYAAD [TIl CITL2!£!2AD 1m I I ... --. ,. --.... '-0 DEVELOPMENT 41 VE MAP -----. -------------~-.------------'-_._-._-------_._----_._-.. _-------_ .. _------_.------------------_._ .. -_ .. _-------,-... _--------------------- """"'" IRRI6ATlOH ~, Nl,...... __ t-.~.,..,....... __ ...-........ __ -=~~=-~.;c-;... ~~~"i::=-~"-:='':.... ...-.. ... ~,.,.. ... -..-.. ....... ~~ .. ---~ M-..,.._ ....... ...c....,.. ..... c-,~~t-.. --... -.....-011-...,..--..,.. --...~-~ MAI~, .... -.. __ t.~ ..... "'-.I ......-.......... -'-tI'!IurdI.Iooiftkaog:&r-._ ..,......-"".~-..,.......-. D ............. . .,-..---.......... -..... ~,.... .. --...<Jt' __ drtIJ .......... ·~ ......... ......-tnJIrwp_ .. _.....,"'...-_portt....".,.-- -------------- @N :20 0 20 60 ,... •• -! ~ Scale I" = 20 ft -----o TM NO. CT ClCf-14 / PUD ClCl-06 CONCEPTUAL LANDSCAPE PLAN PLANT LEGEND STREET TREES 6~tnri:,, ___ sr-n (JOCW).2"'-bo)( (2'1 to=a) " Ph.I5~5/~\eIaldAw(AIga~) C~Garphc;n:J/~Troo(1kI1Gof'rIIO~) VINES ,~vhets 1o'Ol\h color~ ROOlJ) ,"'. 901,«1 .lo~ a.gnon\cl chen-~~ Ttvrp.t. v .... BougerMII.a \oa1ou&'1BoJgCInv1l1ea Pandor'lta J"","holdea 'At:tO'lBo.--'IN ~ ~Idn/Corrobotood r,...(PrNI:::UI ~ts 'A' c '5') ® ACCENT TREEIPALM 8 o o o SlIl!OiIiuc: ~ _~'g~~~ "'FElI!S~ ~ _ ~I>iJ>AROIO P05~--------~0p..·?-O~ --~~ ~ __ ----------= ==~ ili!1-"'--' " --GOHc;.~TAa! ~::..,."""'''''''' ~ ... ....:::-_~bjt--. -- ~H65TR)C;'T1.R!: ---...... ~-- ,.~-......... -....-..wr..-... pIoWoN ... ..--.. ~-.... ....,..... ... --------. • .... ...... --"'" ................ -~ .. --.. ......... ---.&:I-.. ..,......~ ........ X ~2T 5 -..-.....,.-.... WIpIIM ........... ,.,. __ t ..... ,. =~~ _.C"_"- c.lt.qWlgpom-dllc;lc:b:MIc.olor.tXr:AXj'ttolrant,.~ (I~ r"tNn gallon ( II tmof ) F'heanbc t'C'N;lenlJ I Pi9ftJ oat. Palm ~ I"eVOkItct / Kn;j Saga SLOPEIAGCENT TREES ~~t:o~ (lc;tGWJ, ..... gallori(q totoI) A"l.nM G«'O'J.Ir.ro / F'LIrpifJ LAIOf PbII ~ cladcx.ol!Pf/~CSo.wn 5IC.al!fllut c.ltTidora / Lemon ~ o!!Mrt k.oc!o a.oltrttCll"'fnlSo/ ~ ~ Jlwb.rt!,sU'Wdo/~~ LARGE SHRUBSIPALM .....,.--..-(I~''''''gor/on(:ZOtotal) A1a.~~T"""~ N~ Os.xcm-o./)a1g PtmI Cc:J11151:emon~!I5IBotttet:::n1!11 Gcc:os-ph.mosQl' Gl.IMn Pam ..1.r1!p«'W "TorvIoso'/ T~ ~ ~tromla hdIc.aIGr.",.-HJ1.le -,-"Ipa-"",-- Medium Shrubs .... ~./TICI&Sh30~tCI\«'Cri (I~f1ve 9Ollon (I+f tot.aI) Azalea 'va-fous/Azaloa ...,.,.~ ~ GaiMa g-c:ndII'lOI"a 'lW1K'~ NaI:aI Plm ~ tob~o W!e.1..-'s CWcrl'~ Hoc.k~ Raf*i101~1t n:sca 'PInkIeYlr.dlat ~ """""" """90''''''~'''''''' ...... "'''''''''' LOtJ MASSING! SHRUBS 1oHpr-~c:ndI'l'lC:*'"9111tr'\C1, ~one9011on Acc:IGIo reclalMa /TI'OII"'9 AGoc.la De~ alba! ~Imd Ie.. PlaIt 6c::lzm1Q opp.l Trollhg 6oza'IIQ L.cri.ona~Rrp.1.Qrlt.cna ~ pc::I"VI'olb'r/ Mjoponm ~ ptlllkrr. 'Trlh~'J'n'CIIIhg~BIth SMALL ACCENT SHRUBS GROUND COVERS e ~~~UIrItn:II,drt:Nt;tE ClOOl1ll)'~ AeaGIa r.dolene / TrctJltlg .Aocac.\Q Delooperrno olbal D~\ad le.e PIart. 6an:nIo: eppJ "f)-anng 6awn'.a l.I::IntDna~~UzTtata HJopon.m pcr.Ilfoluw ~ ~ pllt.lO"Ie 'TIoth~' / Trorl~ cogot.. a.oeh LEGAL DESCRIPTION l.OTS.o4tT. 41& AAO 41q o!"= LA COSTA ~ LtGT NO.3. K4P NO. 1111 .... CITY' OF CARl.5BAD, Ga.MY OF SN4. DIEGO. STATE CP GALlFORNIA. APPLICANT ~ SUBDIVIDEI'< .... ...,....,,-BRETr DEYEl..OF'I-ENT, INC.. 413& SCVTtf 131 STREET ~IE 661" LANDSCAPE ARCHITECT DAVJt)H.~ '"'-6100 HlRiMAR RON> SUIT!: 200 A SAN DIE6O. GA 421:21 61Q635Q6Z ~ Rl...A 3<145 E>CP.2I2tVOt .., """-{ ~ --~ , ifU' L., ,,--.~ ~--lCrrtfl'MU t+- ""'~ and ......... 0<G00t""'" \ \ \ '\ 1'( J Lr/ 'Ii::--SITE (l00Sl/ ONI gallon """"""",,,,,,,,,,,,,,,-01 .. _ BItgonIo,.~e.gonlo H!trnert'cGa1115np-~ 11rpatIens. wa!lrlalal1rrpc:tt.r» T""""'OOf""U"~_ VICINITY MAP REV. '1-1-'1'1 1 '1-10-'1'1 1 10-1'1-'1'1 1 11151'1'1 1 "'tEErII CITUK,£,~~W UNICORNIO PLANNED DEVELO~ PLANNING DEPARTMENT APPROVAL CONGEP11JAL LANDSCAPE PLAN -/ / """"""""'~.IHG. fii;i) I APPROVED I MD.'Ial ...... PWICBIi..:M -/ / erN ENClNEER p, EXPIRES PAT£ ... I=§i~ M II PRO.£CT NO. 110"".0 Nj --1ft --------. ------------------.----------------_ .. _-----_._---_._---_._-----_ ... --------... --.. --.--.~.--------.. _--. ----------_._---_.----_._-_._--- ~ 0 ~ ~ P"--.-I @N 5c.ale I" = 20 ft ~~~\ -----O~~\o 0·· ----------1J~\0 ----------------- ----- ------ '=::::::: ------- ------- TM NO_ GT '1'1-14 / PUD '1'1-06 V'!A TER GONSERVATION PLAN NOTES B.5-IExtentof'Pk:Intng~I~ 33 or toto! kn:IIc:cpt1g Q'WQI Zoo. I pk:rt~ rIItI 0'I1y ~ In hlq, m .... ~ cree» ~~~~~,J:t:~d".ocato~ grwotermolstur.~ a. 5-.2 ~ brf a-.o. 6e52" ~ortotol~a.a. P.,.G3-4.2-2""",,,," ~ ~ (Ie*..e J aid hdMctoal fm~!1y lob ('-1 m::I CH2) ao llXOII'pI: fr"om twf,. a 5-3 All Q"ttC» to be trd1tahed bJ ~ ~ JtlII UN a ~ rtal«'"**' ald btX.kIloH ~ f1'tlrIIlota 1-1, ""' .... :2. "' ..... I. 5041: t.sthg lhaIi DeCU' after roug'IlJ"'tIdng 0'Id I» prefOl"lM::t ,~~~:;~:toe:-~~ .-.to the nat~ son tD a ni1. depth of 6-, 2.A,"lnlITYnofS·of'~ hrl:;lcrkehart~c:JddItd tnu. = =-~ .uths!~ IMs thon9.! to CC'IfJt(" tlw eon 3. ~ ~ been N'-d:ed ~ 11111 provfdao 'IO'IoI.Is. GOII::lr$, t.xWrwo$ aid ... ~ hel~ for II<X.h zone a. ..... , 011 c.tng ~tolM'cri. .... 1lw we of ""'1aIrrwd NOt.r'OI'" ofl 0"«18 ~ ty \:No ==;:~=:~~~the GontroU ..... 10'1111 t*P ~ lo'Iater aid mat'Itoh a N" .. ~,ftlC.lA'lt """,",," . .. -All ~ plalltlgt to be ac.pt 111111 rdMed rtItiT a'I ~1tT'Igt1tlon~"'IIF'\o'IbIgt{~.~ 'f'":1 ~::. pn.n.d and tnm.d 0Jt ptIt'1Od\cQlkJ to I'WmI:I\o'e LEGAL DESGRIPTION l.OTS m, "'Ie NO -41<1 Of" LA COSTA MI!ADOY6 tNT NO.3. M.A.P NO. 11114, GITY OF GARI...5BA.D. c.currr OF SAN PIe60. 5T!rI1E oP G.a.l..iFORNIA. APPLICANT .t SUBDIVIDER HRIlER>W<D...".,. BReTT DEVEl..OPI-'ENT. IHe. .0413b 50Vm 131 5lREET ot'tNiA. N: 6&131 e LANDSCAPE ARCHITECT P!rI\IIPH,IC:AH1.£R "'-6,ro HIRIHAR ~M) Stnl'E 200 A s.ar.ti DIE60, GA 't2121 RL.A3445 ~.we/Oi ·SEE CONCEPllJAL LANDSCAPE PLAN FOR PLANT LEDGEND CITY or OCEANSIDE ~ 51 h'" ....--CITY OF EHCIMTAS ---___ . ·iof>o.O i>-,'v0 f>o. ------------- . _-.-.--.. _-_._--. _ .. _------_.. ----_._- VICINITY MAP REV. <l-I-"I<l / <l-IO-<l<l / IO-I<l-"lq / IIIS/'l'l PLANNING DEPARTI/ENT APPROVAL I ,..., -II "'J, ___ ~-=- _:--II OM ... I "'2'1/ CITY OF CARLSBAD II '"3ETS I F'l...NtNlJ06OEP~T UNICORNIO PLANNED DEVELOPMEN CONGEPnJAL LANVSc.APE PLAN $ETT~.IHG.. I:::EER PE ~RES OAg I IEt~~1I PAMCT N~ IIORA~G NJ ~ 0 ~ 00 ,.. •• -! @N Sc.ole I" = 20 ft S~t:.t:.\ ------------------~\(P?-~\O -------------- \J ,------------------------------.-------~ "" _ ........ __ .---- ----------------- ~ ------------ 4"" ---~ TM NO. GT '1'1-14 / PUD CjCj-06 LANDSCAPE MAINTENANCE EXHIBIT ~ INDIVIDUAL HOMEOV'lNERS ~ HOMEOWNERS ASSOCIATION e LEGAL DESCRIPTION l.OT5 .. n, 4Ib NV -M Of! LA COSTA ~ t.HJT NO.3, M,a,p NO. 1111-4, GrTY t:IF G~. CClHT'r" Of" SAN 011550, STAre OF GM.IFORHIA. APPLICANT ~ SUBDIVIDER MR.""""""" """""" BReTT~.1NG. ""13& SOJTH 131 STRfET ~I'E 6&131 LANDSCAPE ARCHITECT OAVID H. KNt..ER ........ Tg-o 61tJO HIRlMM RO-"D 5IIll! :200 II ~ DIE60, GA 'OJ.:!I 6tc1 tr.e.cf6~ RLA 34<f.5 ~. 2I2NOf """'-,T,_"-,. VICINITY MAP ( 5ITE REV. 'H-<f" I 'l-IO-"I"I I 10-1'1""'''1 / 11/5/"1" Ic:rJI CITU[£,~~AD ILL] I j PLANNING DEPARTMENT APPROVAL UN~~'1t~~°Pt:AN I _ -II "'lll:UDlD. 1'I.IIIKo. ..... _, -II _1ft .eRETT_~.1NC. I::::EER Pg EXRRES CAll I [iD8~==~I~CT~ IF~ RY'Ml 8Y:_-=-__ ,:£.l"Ar;A: MJ'.r...5TM -, - ii-,.. I 5)i I ~-----~ 4./. .::4.>" S?J:JC<:.O~ /~,"A1 S/Z.Ic..-:-::;&O rl'..P£ .-;.1 /-~"::.I' .•• ~(:;. .f'Z~t.e. s'?'--'./...:;)·~-/:.:..:-~i-~--==-!:r.=:-_-:::fr __ -----~""I $";'-:-~-;;; ~l <::}! <i-\ .(--- ~ l:l PLAN 1 ,-' I~ IJ._A;-~\:'i-,7-r;r.r;r--n;-,--r,T:?-~ !1r--..-:" ! "'I' -I-I !;""'-'II"III~ '/,...... : I I.!~ ! q : t I£) !, i I Ii:: ,,;1.: i I ! P' : !fPJ IT-. .... K.,I, '1'1 01 ; i!lii! ; !ii ;1' ldl!,jI,;q: .. I!II, ""'--"l:.i 'j i -:! ' ! 'I ) l,!!l ' : : J -1-::':: iI : -! i : ,I :, i ,! I ill Ii j 1:'1 -'-. ~t.:i;-.I'~'Jo;.t;I~-;....,..,.~",.~--l, ~~.;.:,tl;:L~~~;t;J:":.r.:~~ -• ~ --'-, """;--' --~~~ -.!".!:..:... ... -;:¢~ .:;.::...~-=~=;=.'::..:;::-~=-"'=;-f"rJ -lil1 -1"T'lrn . 0:' t,.l,;j-. t:.t:1t,'!'=.l ------~~' ... =.x:.u-'1 ~y';'¥i-~~'-""-"I/_--.:.. -=..----J~Q.Jnl~~1~1[]JJ3 --fJ]J] __ ~O __ ~-_rB __ t----~t; 2;" J. Pi.A~ L ___ z REAR ElEV ATtON /a~";iJ{ FRONT ElEVATION -LEFT SIDE El,EVATION RIGHT: SlQE aEVATION ?~/,,,.,~ ------------, ~iI,)f:;1' p-r,f:/0.! ... , i I I i I i , i ! '1 ~ COLORS: STUCCO: ClASSIC CREAM (MAIN COlOR) IIIRCIITONE (ACCENTS) ROOFING: TBIIIACOTTA BWII) FASCIA: I'/HJTE RAILING: PillE TEAL 'DOORS: PALE nAL WINDOWS: WIl/T1i ' .. . '~ , , ___ ... =--t--..... ~,. T~-___ -i-~--1!l'· I -.----------._. ~1_ '~ /1 , /_ . /D I ~~ ....... ".YNIDNa ~~ I i .::J~ ~.~ f.:::'~ ~t k;~ 1!4 .A~';' 7/k7n .. :-, ~::.. "UI lUI ~ g f ! f ,:~ :".. ~: . : , .. IN ,- . • I ! > I .. '" . ~------.--.--.--.-------.---------.. ----.--------;0~t-- f~i -------------------~----··-;;;..;.;;-r/~t· I 1------··---···_-·--··----';07ii-j'Mf ,"''' t I r-----+ '------------; ~ I -+--f--1'----,.~i" ill I I I I I' I i I I -,.,. ... -.. i I ! I I I I I . 1 I .... ..,...~;;l------., ',- "-----.... ---~ ! I II I ;!I i i III i I , : i III I! J I iJ! I I I " I I, ~----·--·.li --.--l--.. --.-~\ I I I . I ! · i I I I I' ~ I i I ! ! ~ ~ I I ! I 1 I C\I Z ~ I L_ ,I II I, I ~ J ---,~ __ -1 I ,I ~ i I I Ii! ! I I ' ! il i ,I_I lj~ __ ~___ _~ _ -t--~-it I i I I ! J -I I l--. .---------. -.. --.. -.. _-_.-., .. --.---.. ----.----. --... --.-----------ii", i ""pf JI' l7;iT __ . ____________ . ________________________ . _______ .--1f-~-;;~c-4. -c. c: .~ !~u.-._.....-.u~_ • I , • I s I ~ , '-. ~~ ~j: ~~ ~I\ ;':-2J --------...... _/ \ I I I I;!; ~II \~ ----------"'--\ -.... J ~>-::..::;:; 8 ----'" ~ 8 ~1 ---.-" N ===;:;:;\ ~ .;..! =:;:f! =-.....:." ~ = ..0".;' ~ w 1---, I " I ..... -_ ..... I \ =:" 'J ~ ~ HII-_I ~ C c: c L t: I " '-- .)::,o:.-:~_:,:-';'.,' B:', .. ~.:;.J . .""::·.;-t ... ,/ _/ -'u: .:'i cr: / \ / _~~~~~AD \~~ ~: I ---. I ,--\ \ ////./ /' l----/ 11-/ \/ . /' ,,\)/ c.~~~;./ lA COSTA COUNTRY CLUB + .;' I / / ~ ~ / 1\ I -t--------,- CARRILLO RANCH PARK 19 \ 30 I t / ',', ':/ ·Vi :~ ~o ..... rr- 11,8 :.~ ~i~ 5 6 7-~-~ /t\ 6 RE'G.Ei~C.'{ j It , SeAl-&" I ":: 40 UNICORNIO STREET 20:00 <i:. ---'NEHMH 5--_-t_.NE.t:l t:!tf -----,,5,-- ;. "~"NE~6.V.'5 --l"l 1 CURB 1_ 1 ~ <2 ./" FH s12'0'1'30"l"l' ~ ~L N='4i~15' ~~~~ ... ... ~ I--.::'-=--.ooflk_---". iOc)--fs-i11 ~ 20' . r--., lOT 4 ~ ~ 4'1611 SF. ~ ~ PAD El = 485.5 ~~II~====t-~q4~~~5~' --~~~~~r1--1--1--~~rC=---------I;-t=====~1 ~ ~ BUIlDIN6 ENVEI..OPE.L........ '" ~ ;0 0; o til ~ 0 ::;: LOT II LOT 6 ~ iil::;: ~ 15' o 20' 20' u> 20' LOT 3 c: ~ 416'1 S.F. 416'1 S.F. z;;! I 4554 SF. ill Iz t PAD El = 485.5 PAD El = 485.5 =j lil ~ ~ m .... -..fl,.U1 -I OJ ~ C? -j. II' NEl"l486 q' z II' z '14.15' =! 12' NE~ 481 . 1"1 71 ~ ~ ~ BUILDING ENVEI..OPE .L-........ 20' I~ !J1 ~ 1 LOT 10 I ~ LOT 1 ~ '" a ol r 4548s.F. 10' '10' 4548 S.F. 0; 1 • PAD EL = 481.0 PAD EL = 4810 ~ t S12'Oq'30"~ '14.15' 20' I EUILDIN6 ENVELOFE EUILDIN6 ENVElOPE.L........ ~ 20' ~~ ~ -~ ;'10~ ~.F. [LOT 8 _-I ___ l!lOl,lll--_u..o+-t-- AGGEssllJTILITYI 2'1 ~ ___ '-____ -L~ ___ -i~~G~0~MM~0;N~A~RE~A~~~r--'~---PPAD~~E~L~-~-~4~8~ldo kl z u m ::;: C. Go ~ i I, Al 20' ~ ~ [12' BUILDING ENVEWG ~ LOT 2 III A'1J 86.15' . O.~ § ~~~~~~~~~~~~~~~ - =::::::-~ :::::--: ;--<:::::" <" c::;:-<:. ~ m ~. c:::: <"' r..lJRR \.....".r' u> :::i ~ ~ m Si"/ COLORS: STUCCO: CLASSIC· CREAM (MAIN COLOR) BIRCHTONE (~E~TS) PIII!!!~~-~~ a. Classic Cream 1_ Birchtone ROOFING: TERRACOTTA BLEND RAILING: PALE TEAL J DOORS: PALE TEAL WINDOWS: WHITE FASCIA: WHITE I Attachment A -Field Survey Photos Figure A1 : Project Site Looking Northwest Attachment A -Field Survey Photos Figure A2: Project Site Looking Northeast Attachment A -Field Survey Photos Figure A3: Project Site Looking East Attachment A -Field Survey Photos Figure A4: Alga Road Looking East Attachment A -Field Survey Photos Figure A5: Unicornio Street Looking East z o ~ ~ w I- Z o c: u. i JJ t i . I . 1m-I m z o -t-« > UJ u:i w o -en l- J:: Cl ..... ' a:: U ~-~I ~ .l "fl==ll ~\ !I , i , i I '. I ~ , I I .1' z' o -t-« > w. ~ w w C --en l- Ll.. W ...J / ! 8 I n H u i , I I z ,,0 .- \1-i<C ,...1 > Z UJ :s ~ c. UJ a::: N« UJ rr==r1 . JLtJ ! Z .l:i:::=::Ial: :, E3 ~ a::: ., 1 • 1 r '-ij 1 ill I i' . -. I 'j . I ,I -. :1 I - 1 -~--'k 7,-B II ~/7 if - I, I