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Home My WebLink AboutCUP 01-05; NEXTEL COMMUNICATIONS-AVIARA; Conditional Use Permit (CUP),. CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) □ Administrative Permit -2nd Dwelling Unit □ Administrative Variance ~ Coastal Development Permit copor-r, gr Conditional Use Permit cup 01-05 □ Condominium Permit □ Environmental Impact Assessment □ General Plan Amendment □ Hillside Development Permit □ Local Coastal Plan Amendment □ Master Plan □ Non-Residential Planned Development □ Planned Development Permit ASSESSOR PARCEL NO(S).: PROJECT NAME: 2) 3) 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) P\~\P\AA :-f ~56oc,~1:,.~ MAILING ADDRESS CITY AND STATE c,'P\~1--Se.fl'u (',~ ZIP TELEPHONE Q6.Q) (.c13-hW<9 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 5~~ ~+>t,'. .. \x,:;;.o ?lu-r\lct2-' ·z.;rno-) ~~ SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION (FOR DEPARTMENT USE ONLY) □ Planned Industrial Permit □ Planning Commission Determination □ Precise Development Plan □ Redevelopment Permit □ Site Development Plan □ Special Use Permit □ Specific Plan □ Ter,teti ,·e Pareel Map Obtain from Engineering Department □ Tentative Tract Map □ Variance □ Zone Change □ List other applications not soecified 6) APPLICANT NAME (Print or Type) MAILING ADDRESS ,... _, 6 I ,... ..,.,. _." "~ "c:> I '---""·t.::c." U<. - CITY AND STATE ZIP TELEPHONE ~N 't1"E. o c~ 9-a-\\\ '?:>B)l,So-4~'2 Oev COIi S 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 NEXTEL COMMUNICATIONS, INC. DESCRIPTION OF PROPOSED PROJECT SITE NO: CA6401A, Aviara APN: 215-750-01 The proposed communications site is located at the Four Seasons Resort Aviara at 7100 Four Seasons Point, Carlsbad, CA 92009. Nextel Communications, Inc. and the owner (Aviara Resorts Associates, LP) will enter into a lease agreement for the placement of a communications facility at this location. Nextel proposes to construct, operate and maintain an unmanned, Enhanced Specialized Mobile Radio (ESMR) communications facility. This facility will consist of twelve (12) panel antennas, measuring one foot wide and four feet in length, and three smaller GPS and BMR antennas that are placed within a new cupola at the southeast corner of the Aviara resort parking structure. The design, materials and color of the cupola will match those of the existing parking structure cupola. Nextel will also place radio equipment for this facility within a 200 square foot room at the base of the cupola. This proposed facility would be unmanned, operating 24 hours a day. The only visits to the site will consist of any emergency calls as well as regular maintenance visits once every four to six weeks. SYSTEM BACKGROUND INFORMATION Nextel Communications, Inc. has been authorized by the Federal Comrr.unications Commission (FCC) to construct and operate the first multi-purpose enhanced specialized mobile radio system (ESMR) in the United States. The system will provide superior service to the public in several ways: I) it will be a fully digital alternative to current "cellular" telephone systems; 2) it will provide digital dispatch services to large fleet users (this "dispatch" service will make the system able to handle a one-to-many form of communications wherein one dispatcher can contact numerous mobile parties simultaneously); 3) it will provide traditional paging services; 4) it will provide wireless data transmission. All of these functions will be available in one hand-held unit. HOW THE SYSTEM WORKS The service area is divided into a grid of theoretically hexagonal geographic areas. At the center of each area is a low power unmanned radio repeater station, which handles the calls to and from mobile customers within the area. As a mobile customer moves from one area to another with a call in progress, the call is automatically 'handed off' to the next repeater station, without interruption. Telephone line connections between repeater sites and the switching office, and from the switching office to the telephone company central office permit mobile customers within the serving area to utilize their mobile phones just as they would a home or office telephone, with direct dialing. SITE SUIT ABILITY This specific site was chosen based on its ability to provide needed wireless telecommunications coverage at the Aviara resort and the surrounding area within the City of Carlsbad. This site is necessary to provide uninterrupted service to mobile radio customers traveling from one area to another. Page2 Nextel Communications Description of Proposed Project CA6-401A Aviara PROPOSED USE OF FACILITY The project site is located in the PC -Planned Community zone within the City of Carlsbad. Application is made pursuant to the City's General Plan and consistent with the Zoning Ordinance requirements. The proposed use of this communications facility will fulfill Nextel's and the community's need for digital mobile radio communication service in this area. This project will not adversely impact the community. HEALTH AND SAFETY The proposed use of this project will not be detrimental to the health, safety and general welfare of persons residing or working in the area and will not adversely affect other property in the vicinity. BENEFITS TO THE CITY OF CARLSBAD Enhanced Specialized Mobile Radio (ESMR) provides better quality dispatch service through both its interconnect abilities and digital efficiencies. As discovered in the aftermath of the Northridge earthquake, the wireline telephones had inadequate capacity to serve the emergency crews. Nextel provided radios and service to the Red Cross to assist their operation in sheltering and feeding the families whose homes were damaged. ESMR provides emergency contact to 91 l; has authorization to provide emergency services during periods in which normal communications facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster; and is authorized to transmit communications necessary for the implementation of civil defense activities as assigned by local civil defense authorities. ,(\ ,s '\92027q..:,~ C Cit of ,_<o ""~ ~ '; !::l DISCLOSURE STATEMENT g !vr,; ,--------------------------------',~-------, ,5,<;j Applicant's statement or disclosure of certain ownership interests on all application ~,IJ::'t~ require discretionary action on the part of the City Council or any appointed Board, Comilm':sifi:rfi'r 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, firm, 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. 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 (NIA) 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.) Personl\t" \') al--)f\\,-\1.)1:... Corp!PartN!;.)IT,;;,._ l'II; (AtJRB,N)A, \NC,. Title C. 1'::.-0 Title I\ lli,, .Av-' P>@-r, Cc,a...,~or,J ~bo I 'kel'<\lll'D \.B>;u..t;-1 ~'~ Address 11;1;,~-,-Q::l , "A :ao \0,. ) Address_...c:5_uf'ffl:,u:..,cf._...._ ______ _ -::S,v,,--. ('/\co~~ I C,C:;,C;, 2. OWNER (Not the owner's agent) 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 (NIA) 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__________ Corp/Part f\J, MA ~~'2...1'.S &soc..1 LP Title. __________ _ Address. __________ _ Title _____________ -F"< Address t I 00 fQ\iQ__ 5°f Pr=QNS ?01 N7" C,p..?-1.SBAD, CA °i'oOO~ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ c· 3. NON-PROFIT ORGANIZATION 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 Profit/Trust________ Non Profit/Trust. _________ _ Title ___________ _ Title _____________ _ Address. __________ _ Address ____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and/or Council within the past twelve (12) months? D Yes ):&No If yes. please indicate person(s): ____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best ofmy knowledge. Signature of owner/date Print or type name of owner Print or type name of applicant . /} j/ ~txr"-0---~ G,,,_,.,:..~ \ p. I d 'c~ rJ/Zd~ lkxr~J.-c~'N""l)N•ckf1<>$tS Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 03127101 TUE 15:16 FAX 7606036803 FOUR SEASONS ACCOUNTING ,- \.,. .. FOUR SEASONS RESORT ./~ fftd( ,%;,.@"~ FAX TRANSMITTAL SHEET 7100 FOUR SEASONS POINT, CARLSBAD, CALIFORNIA ?2009, U.S./\, WORLD WIDE WEB: www.rouruuou,i.com Oate sent: 03/27/2001 To: Mark Brunetta, Leasing/Zoning Project Manager Company/Dept: NEXTEL San Diego Telephono Numbar: 858-650-4238 Fax number: 858-650-4202 This message is from: Jeff Blakeman, Area Director of Finance Number of pages (Including cover sheet): 2 RE: AUTHORIZATION TO PROCEED VB/se 11 transmission is incomplete. please can: Four Seasons Resort Aviara Telephone number: (760) 603-6850 Fax number. (760) 603-6803 This communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confkfentlat If you are not the Intended recipient, or the employee or agent responsible for delivering the communication to the intended recipient. you are hereby notified that any dissemination. distribution or copying of this communications is strictly prohibited without the ex:press consent of the sender or the intended recipient. If you receive this communication in error, please notify us immediatety. The only AAA Five Diamond Resort in San Diego Travel+ Leisure 2000: #12 Hotel in the Continental U.S. and Canada ~001 03/27/01 TUE 15:16 FAX 7606036803 FOUR SEASONS ACCOUNTING NOV. 3. 20.00 1: 20PM October 4, 2000 ... FOUR SEASONS RESORT A«a-..Awlf!JSn.~ RE: Real Property located at: 7100 Four Seasons Point Carlsbad, CA 92009 To whom it may concern; NU. 9/66 P. 3 I am/we are the owner(s) of the referenced property. This letter shall serve as notice that Nextel of California, Inc., a Delaware corporation, dba Nextel Communications, is authorized to submit and process all ~essary permit applications for a telecommunications facility on tlu: referenced property. Sincerely, cc: Nextel Communications /sc 7 IUU J,'01IR :-iltA:iON1i POINT, ,:i\ftl,SUI\IJ, CAl.llruttNl.4. 02uov. lJ.S.A. 'J'lil,: (1(,ll) ciO.l-6800 •·/\X: (7ti~I) 4\0S,6801 WOllLl.t •IJJf. \l'l'!U; www.four1u)■"1,nt1,1:om so IIUTl1,I-S. 22 C:0\/NTll.l~S. ON..: T'l111,11t;ll)lll't. ~002 _, ..... \ - Sources for Nextel Communications -Aviara Environmental Impact Assessment Form 1. Carlsbad General Plan -Land Use Element 2. Carlsbad General Plan -Circulation Element 3. Carlsbad General Plan -Housing Element 4. Carlsbad General Plan -Safety Element 5. Carlsbad General Plan 6. EIR for Carlsbad General Plan 7. Carlsbad Zoning Ordinance 8. Carlsbad Noise Ordinance 9. California Coastal Act 10. Uniform Fire Code 11. Multiple Species Conservation Plan -County of San Diego 12. General Plan Open Space/Recreation Element 13. Facility will comply with FCC limits for RFR emissions of wireless telecommunications facilities 14. Facility will be architecturally integrated with the architecture of the resort by hiding it within a new cupola that matches an existing cupola. See architectural drawings and photosimulations of proposed facility. Earlier Analysis The previous environmental review documents (i.e. ND/EIR) for the Four Seasons Resort and golf course have addressed all of the issues in the Environmental Impact Checklist for this project with the exception of aesthetics and hazards which are addressed above. The reason for this is that this project involves a less than one percent modification (230 square feet) to the resort and occurs entirely within a disturbed and previously developed area adjacent to a parking structure. ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: --------- DATE RECEIVED: ---------(To be completed by staff) BACKGROUND I. 2. APPLICANT: t{£.'61:Gek ~N\«'.\)~\c.,f'.~ loN.S 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 51 b' Coei,."E.'-1 ~ ,~\,J!1"€, ,~ • :::,,e.,;\)<c..<oo I CA C\d. \ \ l I u;>'-S"ffiC,:f '. \'i\~~'SQl>NE1[1<,,,Q~ ~o-~, II 4. PROJECT DESCRIPTION: A \N 11?,1:. L.<E.;$$ :::rr., ;f5c..om«)UN\C£rn0~ ~C\ l.-\1'::\ ~ IOC>:EN W\"I'\,\ \~ B NfW G®ZS £rr I\.\E. PP,Q.g.\~fu SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. D Land Use and Planning D Population and Housing D Geological Problems Owater D Air Quality D Transportation/Circulation D Biological Resources D Public Services D Utilities & Service Systems D Energy & Mineral Resources D Aesthetics OHazards ONoise D Cultural Resources D Recreation D Mandatory Findings of Significance I Rev. 03/28/96 r '-- ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 03/28/96 C • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 03/28/96 r ' " Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( I I I ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( I, C\ ) c) Be incompatible with existing land use in the vicinity? ( l,, ) d) Affect agricultural resources or operations ( e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( I ji ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( l 1, II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( "3 ) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? ( "'3 ) c) Displace existing housing? ( "3 housing, especially affordable ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( 4-) b) Seismic ground shaking? ( 4- c) Seismic ground failure, including liquefaction? ( 4-) d) Seiche, tsunami, or volcanic hazard? (4-) e) Landslides or mudflows? ( 4-) t) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( 4-) g) Subsidence of the land? ( 4-) h) Expansive soils? ( 4- i) Unique geologic or physical features? ( 4-) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( .{, ) b) Exposure of people or property to water related hazards such as flooding? ( {. ) c) Discharge into surface waters or other alteration of surface water quality ( e.g. temperature, dissolved oxygen or turbidity)?({. ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ D □ □ [] □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 C Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Changes in the amount of surface water in any water body? ( J:, ) e) Changes in currents, or the course or direction of water movements? ( " ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( l:, ) g) Altered direction or rate of flow of groundwater? < b l h) Impacts to groundwater quality? ( ' i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( 6 ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ~ ) b) Expose sensitive receptors to pollutants? (" ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( l, ) d) Create objectionable odors? ( , VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( a.,, ) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses ( e.g. farm equipment)? ( 'c}.1"1 ) c) Inadequate emergency access or access to nearby uses? ( IC) ) d) Insufficient parking capacity on-site or off-site? (1 ) e) Hazards or barriers for pedestrians or bicyclists? ( ""7 ) . f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (f ) g) Rail, waterborne or air traffic impacts? (( ) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, b) animals, and birds? ( \15 1.'-1\l ) Locally designated species (e.g. heritage trees)? ( 1,~,b, II ) 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ 0 □ □ □ □ No Impact ~ l3l Rev. 03/28/96 r .__,_ Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Locally designated natural communities ( e.g. oak forest, coastal habitat, etc.)? ( l,514 1TIJ \ \ ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( I \51 I:, II l e) Wi dlife ~ispersal or migration corridors? (\,5,k ,11 ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (5 ) b) Use non-renewable resources in a wasteful and inefficient manner? ( .5 ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( 5 ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( \;,14-) b) Possible interference with an emergency response plan or emergency evacuation plan? ( 4= ) c) The creation of any health hazard or potential health hazards? ( \ "3, ) d) Exposure of people to existing sources of potential health hazards? ( I :5 ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ic ) X. NOISE. Would the proposal result in: XI. a) Increases in existing noise levels?(~ ) b) E::J'osure of people to severe noise levels? ( "6 ) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( 4-) b) Police protection? ( 4- c) Schools? ( I ) d) Maintenance of public facilities, including roads? < \ ,a i e) Other governmental services? ( /. ) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (5 ) b) Communications systems? (..5 ) 6 -, _, Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact 0 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 C- Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Local or regional water treatment or distribution facilities? (5 ) d) Sewer or septic tanks?(~ e) Storm water drainage? ( S ) f) Solid waste disposal? (5 g) Local or regional water supplies? (.5 ) XIII. AES1HETJCS. Would the proposal: a) Affect a scenic or vista or scenic highway? b) c,,1A-l Have a demonstrate negative aesthetic effect? C71 14-) c) Create light or glare? ( 71 14- XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( 6 ) b) Disturb archaeological resources? ( ,6 ) c) Affect historical resources? ( k ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (6 ) e) Restrict existing religious or sacred uses within the potential impact area? ( h ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (\d,, ) b) Affect existing recreational opportunities? c I a_ l XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 7 :) Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated □ □ □ fiJ □ □ □ ~ □ □ ··□ ~ □ □ □ ~ □ □ □ □ □ □ 6(J □ □ □ @ □ □ □ ~ □ □ □ ~ □ □ □ □ □ □ m □ □ □ ~ □ □ □ ~ □ □ □ m □ □ □ 12?l □ □ □ Rev. 03/28/96 r ',.4 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)9 c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. ~~ ' , -Potentially Significant Impac< □ □ Potentially Less Than No Significant Significan Impact Unless t Impact Mitigation Incorporated □ □ ~ □ □ Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following op. attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev. 03/28/96 C DISCUSSION OF ENVIRONMENT AL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: I) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation ofan EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. 9 Rev. 03/28/96 To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE} N c~e. ~ l..\U>f:L.€. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE} 10 Rev. 03/28/96 --" of ··:-,I Carlsbad l@M-,l,■1,1·1•14·Eiii, ,14,1 I HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: ~1;;:,(.:1'1;; ,__ Cafi'\i!'\,)N I c.,~ ""hCN.5, Name: A,1t AAA RrsCR.I ~ O(AA1f;. s. LP , Address: 67.Q LcRL.-1=.---\ IB .. ~-\d'.') Address:::] l m fu:a. S:ff\,:SoNS R~d<"f ' I ~~'\)11;t:01 d\ °icl\\\ u,p.1.--SR>AQ1 Cf\ O;~<;::c3 Phone Number: (_ ~) b50 -· 4--;)~ Phone Number: h 6q) p()3 -b<!/,ro Address of Site: 7 \ C)(Z) J:0,)(2.,.. Sc::e:t:QN.$ R"t:§0(?::T Local Agency (City and County): Cm Of CAAL-SBN). (pyN1'.':J Qf :"SAN D\f/-,o Assessor's book, page, and parcel number: _ _._3"-'-'\'-"5~-_7--'--"5......,.{').,_-_ 1 _._0""--'\,__ _________ _ Specify list(s): S-"f«-,s 9i;' ¼Llx:OOl:-1,\C>, 1 \J A~~£. '&'.?,)Bs-f~S Ls., Regulatory Identification Number: _______________________ _ Date ofList: __ 4--_._h:..:,s=..../Cfl_,_,..,_ ____________________ _ Property Owner Signature/Date Admin/Counter/HazWastc 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ .. Cl') z 0 -~ <( 0 -z :::,,--,.,----- 2: 2: 0 0 l .. CJ') z 0 -~ < ,_. Q ------::-z i J--;,-f-------: :E 0 0 l ' f PHOTO # 7 -LOOKING NORTH A WAY FROM SITE PHOTO# 8 -LOOKING SOUTH AWAY FROM SITE PHOTO # 3 -LOOKING EAST TOWARD SITE PHOTO # 4 -LOOKING WEST TOW ARD SITE PHOTO # 5 -LOOKING EAST A WAY FROM SITE PHOTO # 6 -LOOKING WESTAWAY FROM SITE A VIARA PHOTOGRAPHS PHOTO # 1 -LOOKING NORTH TOWARD SITE PHOTO # 2 -LOOKING SOUTH TOW ARD SITE EXISTING PALM TREES TO BE RELOCATED TO'' THIS LOCATION. ·•. Proposed ~ COMMUNICATIONS, INC. . .. , ........ . C ut> o 1 -0 s- NEXTEL t Noltl'H LOCATION MAP 1" 200' NEXTEL COMMUNICATIONS - AVIARA CUP 01-05/CDP 01-17 n I ~~H~ :i ~ ;;;:,e~£ j ! ;mi I :;;:t~] i ~ !~U~ ~ ::~~~ iim i ,,,., 0 ! !H! .I 1 n~~l" I ! . m1'. z ! ~ Ufq : fr~~~ ~ ;:;ia~ H~;~ .. ' u~~ I I ~ !!~~! ' ~ ii~~~ ~ ' '~~~ C ~fl~~ ; u~ i~r1 ~ g ' ' I'' d~n ~ ~'ll~.~~ ~ .1:~'l i --~~ j ,, i I ~~ ;J ": ,j:~~ j z I '!! !' -t ! t -t j ' ! ! 1 l ~ ! I ! !I ! ' ! ~-· --------------- ' I I. I I i ' ; i I I I n ,, ~ ::a 0 '0 m 'Tl ,, 0 n CC ,, n ::a ,, o,)IIUI( I r-ffl; t :n. ,, ::a _. 0Ul)II ,, ::a 0 z z • UI ,, ,i co 0 N • 0 z 0 -f co lcll;'j,r::, l;J~~l:71 I ~n~~ ~~ II []·,. OOj_u~ .... ·m ' ., 'I I ' z·3t-··. 0 ' ~ :c ' ' ' I I.! JI l ,J t· ~ I I , ' >' 1ffj Site/ Roof & Equipment Room Plan ! i ',! I ( J'rj~' I, j / / II /1 // I ' ,/ -·---IIIMll.lllO rullM.141Ji,O ~/..,,_, I ~ ~:::_, ' ' ll!l~· E! COMMUmCATIONSil<C, ·•-----.~ ""' 5761 Copley Dr. Suite 100 ~s"rs~~~:Sob 92111 (858) 6:10-4202 fax l I ~ ! I I I I a 1 . ' . • >' ■ AVIARA c::.-..o:5-401.-.. 7\()(1 FOl/ll.SE>.SONS 11,0/,D ARL BA 1' f I :ii I ,I I " 1-i / II /,, 11 E.x.terior Elevations ( z 0 ~ p! i :! 0 z ' _ __________J !1111 I! HI ~ ii i ! ! ! i I h ~ !Ill il li i ~ j ~1" O gni ~ ~ ~ -"' a~ --1 i! i !~ m ' -~ 2~ Cl) q !1 .. L~ :~ !I '! ' , /)J_~-a· ! COMMUmCATIONS<NC. oo-~•~ •~ -~':':.. ~761 Copley Dr. Suite 100 ftrs~'3'b~:r.iob 92111 (8!58) 6!50-4202 fllll ,. .. ®' CHICA GO TITLE COMPANY PRELIMINARY REPORT Reference: CA6401A Dated as of: April 18, 2001 Order No.: 13071165 • U52 at 7:30AM CHICAGO TITLE 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 an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westemdivision.ctt.com Title Department: @ ----- CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)544-6291 fax: (619)544-6279 Gary Dryden TITLE OFFICER PFP -08/05/99bk SCHEDULE A Order No: 13071165 U52 Your Ref: CA6401A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOT 1 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 1 PLANNING, AREA 2A AND A PORTION OF 2B IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13335 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 13, 1996. (APN 215-750-01) PREA ·10/31/97bk -.. SCHEDULE B Page 1 Order No: 13071165 U52 Your Ref: CA6401A At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001-2002 THAT ARE A LIEN NOT YET DUE. B 2. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. c 3. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: ORIGINAL AMOUNT: PARCEL 88-1 1915 ACT-ALGA ROAD JULY 10, 1990 $NOT AVAILABLE AT THIS TIME SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. D SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION AGREEMENT THEREOF RECORDED OCTOBER 31, 1990 AS FILE NO. 90-590740 OF OFFICIAL RECORDS. E 4. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. l OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT-RECORDED MARCH 14, 1989 .AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS. SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. F 5. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. l" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986. RECORDER'S FILE NO. 86-356638 OF OFFICIAL RECORDS. G 6. A DOCUMENT ENTITLED "TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) " DATED PRES •t0/31/97bk Page 2 SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA6 4 O lA JUNE 6, 1988 EXECUTED BY THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. H 7. A DOCUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE) ", DATED MARCH 22, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 AND AS AMENDED BY INSTRUMENT RECORDED FEBRUARY 7, 1996 AS FILE NO. 1996-0063237, BOTH OF OFFICIAL RECORDS. r A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 19, 1990 AS FILE NO. 90-369910 OF OFFICIAL RECORDS. A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL RECORDS. A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED FEBRUARY 4, 1992 AS FILE NO. 1992-0059246 OF OFFICIAL RECORDS. A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED AUGUST 22, 1995 AS FILE NO. 1995-0368884 OF OFFICIAL RECORDS. AN AMENDED DEED RESTRICTION (OPEN SPACE) RECORDED FEBRUARY 7, 1996 AS FILE NO. 1996-0063237 OF OFFICIAL RECORDS. J 8. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN K ; DATED: BY AND BETWEEN: RECORDED: REGARDING: MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS DEED RESTRICTION (LAGOON NORTH SHORE TRAIL) REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD EASEMENT FOR PUBLIC STREET PURPOSES JUNE 29,1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. PAEUMBC-9/23/93bk Page 3 SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA6 4 o lA L 10. A DOCUMENT ENTITLED "DESILTATION BASIN/STORM DRAINAGE MAINTENANCE AGREEMENT ", DATED JUNE 28, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 29, 1989 AS FILE NO. 89-345771 OF OFFICIAL RECORDS. M 11. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS N SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. o SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF A FIRST MORTGAGE OR FIRST DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. P MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: RECORDED: RE-RECORDED: RECORDED: JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS FEBRUARY 8, 1991 AS FILE NO. 91-0057543 OF OFFICIAL RECORDS MARCH 15, 1991 AS FILE NO. 91-0114756 OF OFFICIAL RECORDS SEPTEMBER 16, 1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS o FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DELCARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, PAELIMBC-9/2'3/9'3bk Page 4 SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA6 4 O lA R 12. s 13. 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. AN AGREEMENT, AND DATED: BY AND BETWEEN: RECORDED: REGARDING: REFERENCE IS MADE AN AGREEMENT, AND DATED: BY AND BETWEEN: RECORDED: REGARDING: THE TERMS AND CONDITIONS AS CONTAINED THEREIN TO THE FEBRUARY 14, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FEBRUARY 22, 1990 AS FILE NO. 90-094977 OF OFFICIAL RECORDS SEWER LINE EASEMENT SAID DOCUMENT FOR FULL PARTICULARS. TERMS AND CONDITIONS AS CONTAINED THEREIN MARCH 7 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA LIMITED PARTNERSHIP MARCH 22, 1990 AS FILE NO. 90-153235 OF OFFICIAL RECORDS CERTAIN IMPROVEMENTS AND EASEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. T 14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: FEBRUARY 20, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA INC. , A CALIFORNIA CORPORATION APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS UNITY OF CONTROL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. u 15. A DOCUMENT ENTITLED "EASEMENT AND COVENANT REGARDING CATV SERVICE ", DATED PAELIMBC-9/23/93bk APRIL 17, 1990 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE l, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. A DOCUMENT ENTITLED "ASSUMPTION AND EASEMENT AGREEMENT" DATED APRIL 17, Page s SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA64 O lA 1990 EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE l, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS. v A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. 16. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: APRIL 17, 1990 DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP JUNE l, 1990 AS FILE NO. 90-298181 OF OFFICIAL RECORDS ASSUMPTION AND EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. x 17. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)" BY AND BETWEEN AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION RECORDED JULY 19, 1990 AS FILE NO. 90-392418 OF OFFICIAL RECORDS. y 18. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS AUGUST 28, 1990 AS FILE NO. 90-469522 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. z 19. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN PREUMBC-9/23/93bk DATED: BY AND BETWEEN: RECORDED: REGARDING: APRIL 5, 1991 AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND AVIARA-9, INC., A CALIFORNIA CORPORATION APRIL 15, 1991 AS FILE NO. 91-0168128 OF OFFICIAL RECORDS EASEMENT AND GRANT DEED REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. - Page 6 SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA6 4 o l.A AA 20. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT ", DATED JUNE 18, l.991. EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY l.O, 1991. AS FILE NO. 91.-0337923 OF OFFICIAL RECORDS. AB 21.. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CARLSBAD MUNICIPAL WATER DISTRICT THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL APRIL 24, l.992 AS FILE NO. l.992-0243141. OF OFFICIAL RECORDS SAID LOT l. AC 22. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: NOVEMBER 9, l.992 AS FILE NO. l.992-071.5209 OF OFFICIAL RECORDS AD SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AE SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF A FIRST MORTGAGE OR FIRST DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. AF MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: FEBRUARY 20, l.997 AS FILE NO. l.997-0076693 OF OFFICIAL RECORDS AG A FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED AUGUST l., l.997 AS FILE NO. PAELIMBC-8/23/93bk - Page 7 SCHEDULE B ( continued) OrderNo: 13071165 U52 Your Ref: CA6401A 1997-0369021 OF OFFICIAL RECORDS. AH 2.l. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE CITY OF CARLSBAD GENERAL UTILTIY AND ACCESS AND INCIDENTAL PURPOSES FEBRUARY 8, 1993 AS FILE NO. 1993-0082353 OF OFFICIAL RECORDS LOT l AI 24. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS, RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0106040 OF OFFICIAL RECORDS. AJ 25. A DOCUMENT ENTITLED "GRANT AND ASSIGNMENT OF RESERVED EASEMENTS", EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 17, 1995 AS FILE NO. 1995-0301372 OF OFFICIAL RECORDS. AK 26. THE LEASEHOLD INTEREST OF THE GOLF ACADEMY, A CALIFORNIA LIMITED PARTNERSHIP AS DISCLOSED BY A SUBORDINATION, NON-DISTURBANCE ATTORNMENT AGREEMENT AND MODIFICATION OF LEASE, WHEREIN THE ABOVE LEASEHOLD INTEREST IS SUBORDINATED TO THE DEED OF TRUST, RECORDED DECEMBER l, 1995 AS FILE NO. 1995-0546511 OF OFFICIAL RECORDS, ALL AS CONTAINED WITHIN SAID SUBORDINATION AGREEMENT RECORDED MARCH 22, 1996 AS FILE NO. 1996-0141284 OF OFFICIAL RECORDS. AL 27. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSOR: LESSEE: DISCLOSED BY: RECORDED: AVIARA RESORT ASSOCIATEDS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AVIARA FSRC ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP MEMORANDUM OF LEASE DECEMBER 24, 1996 AS FILE NO. 1996-0643347 OF OFFICIAL RECORDS AM THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AN 28. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: PRELIMBC-9/23/93bk SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS Page 8 Order No: 13071165 U52 RECORDED: AFFECTS: SCHEDULE B (continued) Your Ref: CA6 4 0 lA JANUARY 21, 1997 AS FILE NO. 1997-0026098 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AO 2~. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JANUARY 21, 1997 AS FILE NO. 1997-0026099 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AP 30. LACK OF A RIGHT OF ACCESS TO AND FROM SAID LAND AQ 31. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: AR AFFECTS: AS AN AGREEMENT TO: RECORDED: BY AGREEMENT RECORDED: WHICH $100,000,000.00 NOVEMBER 9, 1999 AVIARA RESORT ASSOCIATED LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP LAWYERS TITLE INSURANCE CORPORATION CREDIT LYONNAIS NEW YORK BRANCH, A BRANCH, LICENSED UNDER THE LAWS OF THE STATE OF NEW YORK, OF A BANKING CORPORATION ORGANIZED UNDER THE LAWS OF THE REPUBLIC OF FRANCE NOVEMBER 29, 1999 AS FILE NO. 1999-0780206 OF OFFICIAL RECORDS THE HEREIN DESCRIBED LAND AND OTHER LAND. STATES THAT THIS INSTRUMENT WAS SUBORDINATED FIRST AMENDED AND RESTATED IRREVOCABLE LICENSE (FOUR SEASONS RESIDENCE CLUB AVIARA) APRIL 13, 2001 AS FILE NO. 2001-0229328 AT 32. AN ASSIGNMENT OF ALL MONIES DUE, OR TO BECOME DUE AS RENT OR OTHERWISE FROM SAID LAND, AS WELL AS THE LESSOR'S INTERESTS UNDER THE LEASES REFERRED TO PRELIMBC·El/23/93bk Page 9 SCHEDULE B ( continued) OrderNo: 13071165 U52 YourRef: CA6401A AU THEREIN, TO SECURE PAYMENT OF AN INDEBTEDNESS, SHOWN BELOW AND UPON THE TERMS AND CONDITIONS THEREIN. AMOUNT: ASSIGNED TO: BY: RECORDED: AFFECTS: $100,000,000.00 CREDIT LYONNAIS NEW YORK BRANCH, FOR ITSELF AND AS AGENT FOR, AND AS CO-LENDER WITH, CERTAIN COMMERCIAL LENDING INSTITUTIONS, THEIR SUCCESSORS AND ASSIGNS OR AFFILIATES, AS HAVE OR MAY OBTAIN AN INTEREST IN THE ESTATE DESCRIBED HEREIN AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP NOVEMBER 29, 1999 AS FILE NO. 1999-0780207 OF OFFICIAL RECORDS THE HEREIN DESCRIBED LAND AND OTHER LAND. AV 33. A DOCUMENT ENTITLED "OPERATOR-LENDER NON-DISTURBANCE AGREEMENT (THE FOUR SEASONS RESORT AVIARA) ", DATED NOVEMBER 9, 1999 EXECUTED BY FOUR SEASONS HOTELS LIMITED AND CREDIT LYONNAIS NEW YORK BRANCH, FOR ITSELF AND AS AGENT FOR, AND AS CO-LENDER WITH, CERTAIN COMMERCIAL LENDING INSTITUTIONS, THEIR SUCCESSORS AND ASSIGNS OR AFFILIATES, AS HAVE OR MAY OBTAIN AN INTEREST IN THE ESTATE DESCRIBED HEREIN, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 29, 1999 AS FILE NO. 1999-0780208 OF OFFICIAL RECORDS. AW AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AX 34. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE ", DATED AUGUST 25, 2000 EXECUTED BY AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 8, 2000 AS FILE NO. 2000-0606542 OF OFFICIAL RECORDS. AY 35. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED AUGUST 25, 2000 EXECUTED BY AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 8, 2000 AS FILE NO. 2000-0606543 OF OFFICIAL RECORDS. AZ 36. A DOCUMENT ENTITLED "FIRST AMENDED AND RESTATED IRREVOCABLE LICENSE (FOUR SEASONS RESIDENCE CLUB AVIARA) ", DATED FEBRUARY l, 2001 EXECUTED BY AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP PREUMBC·9/23/93bk ( "ARALP"), AND THE AVIARA RESIDENCE CLUB OWNER'S ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION ( "THE ASSOCIATION") , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 13, 2001 AS FILE NO. 2001-0229328 OF OFFICIAL RECORDS. - Page 10 Order No: 13071165 U52 SCHEDULE B (continued) Your Ref: CA6 4 0 lA BA THE ASSOCIATION AND ARALP HAVE PREVIOUSLY ENTERED INTO THAT CERTAIN IRREVOCABLE LICENSE (FOR SEASON RESORT CLUB AVIARA) (THE "ORIGINAL LICENSE"), RECORDED ON DECEMBER 5, 1997 AS FILE NO. 1997-0615456 OF OFFICIAL RECORDS. BB 37. A DOCUMENT ENTITLED "FIRST AMENDED AND RESTATED TENNIS COURT USE AGREEMENT (FOUR SEASONS RESIDENCE CLUB AVIARA) ", DATED FEBRUARY 1, 2001 EXECUTED BY AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP ("ARALP"), AND THE AVIARA RESIDENCE CLUB OWNER'S ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, ("THE ASSOCIATION") , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 13, 2001 AS FILE NO. 2001-0229329 OF OFFICIAL RECORDS. BC THE ASSOCIATION AND ARALP HAVE PREVIOUSLY ENTERED INTO THAT CERTAIN TENNIS COURT USE AGREEMENT (FOUR SEASONS RESORT CLUB AVIARA) (THE "ORIGINAL AGREEMENT"), RECORDED ON DECEMBER 5, 1997 AS FILE NO. 1997-0615455 OF OFFICIAL RECORDS. BD END OF SCHEDULE B BE NOTE NO. 1: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF THE AVIARA RESORT ASSOCIATES LIMITED BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. BF NOTE 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 1ST INSTALLMENT: 2ND INSTALLMENT: EXEMPTION: CODE AREA: ASSESSMENT NO: BG LO PAEUMBC-9/23/93bk 2000-2001 $678,753.16 $678,753.16 $NONE 09027 215-750-01 I I II I i ; i i i ' 1j L I l ! 0 \!! ~ I !! ' ~) ~ SHT 3 4,~AC OPfM SPACE 6J SHT 3 ~ SHT 2 @ @ 11.62 AC @ SHT 1 G3 SHT 3 l'i ~ ~ SHT 2 ! - MATOl UHE "A" "t'his plat is for your •id in \ocating your land witl- refcrence to ,rtroets and other parcels, Whi\e this p\ul is t,e\ievod to oecomict, the Compony as;umet' no liability for aflY \oss .,.;curing by reason of rcli.ancc thT.!'(COn.·· MAP 13335-CARLSBAD TCT 95-02 UNIT 1 ~- SM 01EGD 0GUil't ASSlliSOR'l llll ! 215-75 t , .. = 200· -.... ---- .... t N< I '-., _,,. ,..,,. ••• • . -·-l'I ••• ~!!.. ,,,, . 1• PRIVAlE ST ,,, ... Page 10 SCHEDULE B (continued) Order No: 13071165 U52 Your Ref: CA6 4 o 1A BA THE ASSOCIATION AND ARALP HAVE PREVIOUSLY ENTERED INTO THAT CERTAIN IRREVOCABLE LICENSE (FOR SEASON RESORT CLUB AVIARA) (THE "ORIGINAL LICENSE"), RECORDED ON DECEMBER 5, 1997 AS FILE NO. 1997-0615456 OF OFFICIAL RECORDS. BB 31. A DOCUMENT ENTITLED "FIRST AMENDED AND RESTATED TENNIS COURT USE AGREEMENT (FOUR SEASONS RESIDENCE CLUB AVIARA) ", DATED FEBRUARY 1, 2001 EXECUTED BY AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP ("ARALP"), AND THE AVIARA RESIDENCE CLUB OWNER'S ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, ("THE ASSOCIATION") , SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 13, 2001 AS FILE NO. 2001-0229329 OF OFFICIAL RECORDS. BC THE ASSOCIATION AND ARALP HAVE PREVIOUSLY ENTERED INTO THAT CERTAIN TENNIS COURT USE AGREEMENT (FOUR SEASONS RESORT CLUB AVIARA) (THE "ORIGINAL AGREEMENT"), RECORDED ON DECEMBER 5, 1997 AS FILE NO. 1997-0615455 OF OFFICIAL RECORDS. BD END OF SCHEDULE B BE NOTE NO. 1: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF THE AVIARA RESORT ASSOCIATES LIMITED BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. BF NOTE 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 1ST INSTALLMENT: 2ND INSTALLMENT: EXEMPTION: CODE AREA: ASSESSMENT NO: BG LO PREUMBC-9/23/93bk 2000-2001 $678,753.16 $678,753.16 $NONE 09027 215-750-01 W~)CI< ~':£_ ~ SHT 2 ~ @ SHT J ii! i, I ~ 12.62 A.C ~ SHT 1 !..~AC i~ ~ ' @ SHT 3 . ) ~' ~ ; ~ g ~ SHT 2 r.,..,.. 114 -~~~"A" "'This plat is for your aid in \ocating your land wit!' reference to stfOOl' and other parcels, Wh'ile t~,;,; plot is nelievcrl to be co!Tt>Ot, the Comf""Y assume6 "'' li•bility for ,v,y loss .,.:cuO(lg by reason of reliance thereon.·· MAP 13335 -CARLSBAD TCT 95-02 UNIT 1 ~. S/11 iiGI txll'1Y ISUIJll'S ti/I ! 215-75 I 1" c 200' -.... . --· -I 1'.lt ·~ .,_,,. ,.. .. ·-· '" ~-, .. ,, WU ,., • I• PRIV,1.TE ST _J CHICAGO TITLE COMPANY ® PRELIMINARY REPORT Reference: 6401-C Regarding: 770 EL CAMINO REAL CARLSBAD.CA Dated as of: April 6, 2001 Order No.: 13071081 -U52 at 7:30AM CHICAGO TITLE 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 an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision.ctt.com Tttle Department: CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)544-6291 fax: (619)544-6279 Gary Dryden TITLE OFFICER PFP --08/05/99bK ® SCHEDULE A Order No: 13071081 U52 Your Ref: 6401-C 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL l; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: INGOLD FAMILY LIMITED PARTNERSHIP 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/31 /97bK Page 1 DESCRIPTION Order No. 13071081 THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF PARCEL B OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY OF SAID PARCEL B, FORMED BY THE COURSES OF NORTH 5°12'27" WEST 34.42 FEET AND NORTH 67°32'53" EAST 104.71 FEET; THENCE NORTH 67°32'53" EAST 104.71 FEET; THENCE NORTH 5°12'27" WEST 89.49 FEET TO THE SOUTHERLY SIDELINE OF LA COSTA AVENUE; THENCE ALONG SAID SOUTHERLY SIDELINE NORTH 54°47'33" EAST 39.00 FEET; THENCE SOUTH 5°12'27" EAST 57.00 FEET; THENCE SOUTH 11°51'34" WEST 53.84 FEET; THENCE SOUTH 67°32'53" WEST 129.00 FEET TO SAID WEST LINE OF SAID PARCEL B; THENCE NORTH 5°12'27" WEST 26.18 FEET TO THE POINT OF BEGINNING. SCHEDULE B Page 1 Order No: 13071081 U52 Your Ref: 6401-C At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2001-2002 THAT ARE A LIEN NOT YET DUE. s 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2000-2001 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $14,007.21 (PAID) $14,007.21 $1,410.72 (DUE AFTER APRIL 10) $NONE 09045 216-124-ll PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2000-2001 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $442. 81 (PAID) $442.81 $54.28 (DUE AFTER APRIL 10) $NONE 09045 216-124-13 c 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. D 4. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW PREa -10/31/97bk ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: 5 96-1 SAN DIEGO CITY OMWD WATER STORAGE PROJECT OCTOBER 4, 1996 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW Page 2 OrderNo: l.307108l. U52 SCHEDULE B (continued) Your Ref: 640l.-C ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: 6 96-1 SAN DIEGO CITY OMWD WATER STORAGE PROJECT OCTOBER 4, l.996 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. E 5. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID COUNTY OF SAN DIEGO, AS CONTAINED IN THE DEED RECORDED FEBRUARY 20, l.950, ON BOOK 3Sl.8, PAGE 22l. OF OFFICIAL RECORDS. F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION POLES WITH WIRES JANUARY l.6, 1967 AS FILE NO. 6084 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LANn AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. G 7. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID COUNTY OF SAN DIEGO, AS CONTAINED IN THE DEED RECORDED MAY 29, l.968 AS FILE NO. 90l.l.3 OF OFFICIAL RECORDS. H 8. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT I OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: NOVEMBER 26, l.968 AS FILE NO. 207883 OF OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. J NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, PRELJMBC-9/23/93bk Page 3 SCHEDULE B (continued) Order No: 13071081 U52 Your Ref: 6401-C FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. K 9. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID COUNTY OF SAN DIEGO, AS CONTAINED IN THE DEED RECORDED DECEMBER 3, 1969 AS FILE NO. 220242 OF OFFICIAL RECORDS. L 10. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID COUNTY OF SAN DIEGO, AS CONTAINED IN THE DEED RECORDED FEBRUARY 18, 1970 AS FILE NO. 30220 OF OFFICIAL RECORDS. M 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FOR ALL PURPOSES FOR WHICH IT MAY BE USED, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS AND OTHER APPURTENANCES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH SEPTEMBER 19, 1972 AS FILE NO. 250710 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. N 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PREUM8C-9/23/93bk SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION A LINE OF PIPE AND ALL NECESSARY AND PROPER FIXTURES AND EQUIPMENT FOR THE USE IN CONNECTION THEREWITH, FOR THE TRANSMISSION AND DISTRUBTION OF GAS OCTOBER 2, 1972 AS FILE NO. 264028 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT Page 4 OrderNo: 13071081 U52 SCHEDULE B (continued) Your Ref: 6401-C DISCLOSED OF RECORD. o 13. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID COUNTY OF SAN DIEGO, AS CONTAINED IN THE DEED RECORDED MARCH 30, 1977 AS FILE NO. 77-115973 OF OFFICIAL RECORDS. P 14. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISON SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME. MAP NO.: STREET AFFECTED: 10283 LA COSTA AVENUE AND EL CAMINO REAL IN AND TO PARCEL 1 HEREIN DESCRIBED Q 15. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP NO.: FOR: AFFECTS: 10283 PRIVATE ROAD AND PUBLIC UTILTIES PARCEL 2 HEREIN DESCRIBED R 16. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JULY 30, 1980 WILLIAM F. BURNETT AND JOYCE M. BURNETT, HUSBAND AND WIFE ( "GRANTORS") AND LA COSTA LAND CO. , AN ILLINOIS CORPORATION. ( "GRANTEES" ) JULY 30, 1980 AS FILE NO. 80-240725 AND RE-RECORDED SEPTEMBER 3, 1980 AS FILE NO. 80-282130 BOTH OF OFFICIAL RECORDS GRANT OF EASMENT AND AGREEMENT: GRANTORS HEREBY GRANT TO GRANTEE AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF PARCEL 2 DESCRIBED HEREIN (HEREINAFTER CALLED THE "EASEMENT PARCEL"). THE EASEMENT PARCEL IS ALSO SHOWN ON THE PARCEL MAP NO. 10283 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. s 17. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY PREUMBC-9/23/93bK AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSOR: LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION Page s SCHEDULE B (continued) Order No: 13071081 U52 Your Ref: 6401-C LESSEE: RECORDED: PACIFIC SOUTHWEST REALTY COMPANY, A DELAWARE CORPORATION SEPTEMBER 3, 1980 AS FILE NO. 80-282186 OF OFFICIAL RECORDS NOTE: AN AMENDMENT TO LEASE WAS RECORDED APRIL 29, 1981 AS FILE NO. 81-131178 OF OFFICIAL RECORDS. AN ASSIGMENT OF THE LESSOR'S INTEREST IS SAID LEASE MAP EXECUTED BY: TO: RECORDED: DAON CORPORATION, A DELAWARE CORPORATION AS SUCCESSOR IN INTEREST TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, PACIFIC SOUTHWEST REALTY COMPANY, A DELAWARE CORPORATION LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP, AS SUCCESSOR IN INTEREST TO RANCHO LA COSTA, INC., A NEVADA CORPOATION MARCH 30, 1982 AS FILE NO. 82-085275 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. T 18. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: LEUCADIA COUNTY WATER DISTRICT SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, PUMP STATION AND APPURTENANCES AND THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES OCTOBER 27, 1980 AS FILE NO. 80-356707 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. u 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PREUMBC-9/23/93bk SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES APRIL 30, 1981 AS FILE NO. 81-133483 Page 6 SCHEDULE B (continued) Order No: 13071081 U52 Your Ref: 6401-C . AFFECTS, AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID DOCUMENT v 20. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. w 21. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. x END OF SCHEDULE B Y NOTE NO. l, THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF THE INGOLD FAMILY LIMITED PARTNERSHIP BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. z NOTE NO. 2, IF TITLE IS TO BE INSURED IN THE TRUSTEE($) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE ORIGINAL TRUST AGREEMENT INCLUDING ALL EXHIBITS LISTING REAL AND PERSONAL PROPERTY TRANSFERRED INTO THE TRUST TOGETHER WITH COMPLETE COPIES OF ANY AMENDMENTS OR MODIFICATIONS THERETO. THE COMPANY MUST ALSO BE FURNISHED WITH A VERIFICATION OF ALL PRESENT TRUSTEES STATING THAT THE COPY BEING FURNISHED IS A TRUE AND CORRECT COPY OF THE ENTIRE TRUST AGREEMENT INCLUDING ALL MODIFICATIONS OR AMENDMENTS; THAT THE TRUST IS CURRENTLY IN FULL FORCE AND EFFECT; AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. PARTNER OF VESTEE AA LO PRELIMBC-9/23/93bk 1 ~ J ~ I J \~ ·1 l I\ -Ir I •. ,l , l ' I ' l I I I j l ' ~ ~