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CUP 2018-0020; AT&T OMNI RESORT NS0060; Conditional Use Permit (CUP)
"\ .------,------""'~ ,,----------------.. .1--------------, (cilyof Carlsbad LAND USE REVIEW APPLICATION P-1 Develop m_e_111 S_ervi_ceJ_ Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Minor IX] Conditional Use Permit rn Minor D Extension D Day Cara (Large) D Environmental Impact Assessment D Habitat Management Permit OMinor D HIiiside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D ResidenUal D Non-Residential D Planning Commission Determination D Reasonable Accommodation 0 Site Development Plan D Special Use Permit OMinor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdlvl1lon) D Variance OMlnor (FOR DEPT USE ONLY) Leqi5lstive Permits C'-'pt.,,\r oo-t.P D General Plan Amendment 0 Local Coa1tal Program Amendment D Master Plan D Amendment D Specific Plan D Zone Change □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor D Major VIiiage Review Area Permits D Review Permit D AdmlnlstraUve D Minor D Major (FOR DEPT USE ONL V) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (780) 802•2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 216-590-16-00 2003 Costa Del Mar Road (STREET ADDRESS) AT&T Omni Resort NS0060 New wireless communications facility 35' faux monopine and prefab equipment shelter (SITE IMPROVEMENTS) $_.,18,:.,5"'0"-'0"'0 _____ _ ESTIMATED COMPLETION DATE May2,2019 FOR CITY USE ONLY Development No. DfJ!,o\8-0\1~ Lead Case No. P-1 Paoe 1 of6 Revised 03/17 -' . OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME ~~ STA<:.'f INDIVIDUAL NAME (if applicable): (if applicable): COMPANY NAME COMPANY NAME (if applicable): LC Investment 2010 (if applicable): AI&I Mobili~ MAILING ADDRESS: 4001 Maele Ave STE 600 MAILING ADDRESS: 7 ~37 Trade St, 3E,OJS CITY, STATE, ZIP: Dallas, TX 75219 CITY, STATE, ZIP: San Diego, CA 29121 TELEPHONE: .2..l'{ 1 'ii'-:S .1?5!./I TELEPHONE: 858-886-3104 EMAIL ADDRESS: £cl.. STAc.'it?> D11<ni hoftlc;..coi-, EMAIL ADDRESS: f!lZ~J@att.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ,,f~LrE \ 1.:::::::-... .{D~.Ji~ 411111111 ~ 9/4/2018 SIGNAT~ -DATE1 SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Tim Henion. DePratti Inc MAILING ADDRESS: 2707 Tiburon Ave CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 503-519-8591 EMAIL ADDRESS: thenion@deerattiinc.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ---:.:::.11::::::::,. 9/4/2018 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AN IND ANY CESSORS IN INTEREST. FOR CITY USE ONLY SEP 2 5 2018 C!T'r · .• 'J C•· ,\1-,._1'\··, ,,-· ·. 'i DA Te ST AMP' APPLICATION Rl:CEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03117 ~ cl.., \, .... ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MY.§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Parson 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. 1. o---:- 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, titles, 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.) < . 1 Person Frank DePeralta Corp/Part_,A..,T=&..,T_,M=o.:cb1"'·li:.:.ty,__ ____ _ Title Mgr Real Estate Administration Address 7337 Trade St, 3E.035 Title _____________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of A!.,b 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, titles, 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 Et> :5,M.'( Corp/Part L C INVESTMENT 2010 LL C Title 1)1«.fc. n>fl Title Address ; '/-60 I Mo.~le Address o,J l c,. ':> 1't rSl.11 Page 1 of2 Revised 07/10 ' 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 $500 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 of my knowledge. /--1ot},R;i2,/i,ab Signature of applicant/date Frank DePeralta Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Tim Henion Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ~ . •' ,.-'-'---~ ',',/ CITY OF CARLSBAD C PROJECT DESCRIPTION P-1(8) PROJECT NAME: AT&T Omni Resort - Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: .,_A,..,T,.,&,..T'-"M"""'o""bi,,,li,,ty _________________ _ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: An AT&T Mobility new wireless communication facility is proposes at the Omni Resort to provi<k coverage to the golf course and resort as well as the nearby shopping center and La Costa Ave to the west and east. The facility will consist of a 35' tall faux monopine antenna structure, walk in equipment shelter and emegancy back up generator located near the maintainence yard of the Omni Resort. This site will provld LTE 4G and upcoming SG coverage along with FirstNet Emergancy Services dedicated network for first responsers nation wide. P-1(8) SEP 2 5 2018 CITY C)f C:>.H:"'.'f,0 PLANNli'~G DIVl:';'C:N Page 1 of 1 Revised 07/10 -. {_ City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance wijh Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Iii 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 l!!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:AT&T Mobility Address: 7337 Trade St. 3E.035 San Diego, CA 92121 Phone Number: 503-519-8591 Address of Site: 2003 Costa Del Mar PROPERTY OWNER Name: L C Investment 201 O LLC Address: 4 DC> \ ~e.. f Ir \Jc..\\ 4 S, i'J( '1 '72 19 Phone Number: '2 I 'l 'l. ~ 3 l t;°y I Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_1_6_-_5_9_0_-_1_6_-_0_0 ___________ _ Specify list(s):_N_A ________________________ _ Regulatory Identification Number:_N_A ___________________ _ Date of List: NA ---------------------------- Applicant Signature/Date Property Own The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 c --::-r-r-n , -""\ r'\., , .. ~,_~ :__ i ·,_ ., i-1 SEP 2 5 2018 CITY Cf--C,\;--.J.,. l ~ f) PLAN!'</ lC~ C Vi': : ·-J Revised 02/13 ,,... ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) ~l'A,/J.6[ r: (To be completed by City) Date Filed: Application Number(s): Cup 2c,,g---oolc) General Information 1. Name of project: ~A=T-"&'-'T'-O=mn=i.,_R::e"'so"'rt..,_ ________________ _ 2. Name of developer or project sponsor. ~Ac,.T..._.,& .... T_.M,...ob.,jwliu.,tyi.-___________ _ Address: 7337 Trade Street 3£.035 City, State, Zip Code: San Deigo. CA 92121 Phone Number: 503-519-8591 3. Name of person to be contacted concerning this project: _T ... im=.._H,,ece:n.,io"-n,.._ ______ _ 4. 5. 6. Address: 2707 Tiburon Ave City, State, Zip Code: _,c...,a.,r.,.Js.,h,.ad"",'-'C_.aL2z..2a0u.1,,0 ________________ _ Phone Number: 503-519-8591 Address of Project: 1986 La Costa Ave. Carlsbad, CA 92009 Assessor's Parcel Number. __ 2_1_6_-_59_0_-_16_-_oo _______________ _ List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: vc Existing General Plan Land Use Designation: _______________ _ 7. Existing zoning district: --'P'---'C'---------------------- 8. Existing land use(s): _______________________ _ 9. Proposed use of site (Project for which this form is filed): Wireless Communication Facility Project Description 10. Site size: __ 3_60_sq_a_ur_e_fe_et_p_I_us_2_7o_'_o_f_tr_en_c_hing_· ______________ _ 11. Proposed Building square footage: -"-64=sq,.u"'are"-'-fi'-'ee-'-t'---------------- 12: Number of floors of construction: -2sw .. · !i~i!>e'-'l"-ev.,e.._J~p..,res.,fu,ab"'-"b"'uil.,· din .. ·-li~--------- 13. Amount of off-street parking provided: -'N=A'------------------ 14. Associated projects: ..,_N.,_,A"'----------------------- P-1(D) Page 2 of 4 Revised 07 /1 o --. .., 15. If residential, include the number of units and schedule of unit sizes: ...!CN,,A.._ _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ NA Unmanned facility 17. If industrial, indicate type, estimated employment per shift, and loading facillties: _____ _ NA Unmanned facility 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ NA Unmanned facility 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ NA P-1(0) Page 3 of4 Revised 07 /1 O Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O Ix] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or O IX) roads. 22. Change in pattern, scale or character of general area of project. 0 (lg 23. Significant amounts of solid waste or litter. 0 !XI 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 !XI 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O (lg alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 ~ 27. Site on filled land or on slope of 10 percent or more. 0 Ix) 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 I[) flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 Ix] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 !XI 31. Relationship to a larger project or series of projects. 0 (lg Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, inciuding information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: July 31. 2018 Signature: _;_~ __ \_l:_~-==~---- For: AT&T Mobilitr P-1(0) Page 4 of 4 Revised 07/10 «~ ~ CITY OF CARLSBAD INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Pian (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carisbadca.gov/standards. lnltially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to addltionai criteria celled 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. if staff determines that the questionnaire was lncorrectiy filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. in addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. SECTION 1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Hg_H§IDJl. 111.l'ls!.lr/Jl2!].S tJ,f 10 2l mm dwalllt111. Half!. Examples: single family homes, multi.family homes, ¥ condominium and aoartments 2. Commercial-qnpater; than 1:,cre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities: commercial ¥ nurseries; multi-apartment buildings; car wash facilities: mini-malls and other business complexes; shopping malls; hotels· office buildinas· ni•blic warehouses· automotive dealershi"'"'' airfields· and other linht industrial facilities. 3. HHVV lndHltrlff / lnduatry .. WHW than 1 acre. Examples: manufacturing plants, food processing plants, metal wor1<ing facilities, printing plants, and fleet storage areas (bus, truck, etc.). ¥ 4. Automqtlye ,,.,,,, shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, ¥ 5014, 5541, 7532-7534, and 7536-7539 5. Rutauc,nts Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the ¥ land area for development is greater than 5,000 square feet. Restaurants where land development Is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria reauirements and hvdromodification rAnUirements. r·_ -,,. . ~ l \.. .. E-34 Page 1 of 3 SEP 2 5 2013 REV 1/14/11 C\7 .' 6. 7. 8. 9. «1 ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov ffllJJlde deY!/99rotot-Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is ..,/ twe""•-five =rcent 125% l or areeter. Enytro9menta11y Sensflht! Aru fESA/1• All development located within or directly adJacenr to or discharging directty to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases ..,/ the area of imnerviousness of a nro""'"'ed orolect site 10% or more of its naturally occurri""' condition. Parlrlnq lot Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban ..,/ runoff Streets, tpadfr ht9hWfYlr ,ad tcuWIYI· Any paved surface that is 5,000 square feet or greater used for the ..,/ transportation of automobiles, trucks, motorcycles, end other vehicles 10. B!flll '2112llt11 Qutlats. Serving more than 100 vehicles per day and greater than 5,000 square feet J 11. Copta( P,yeloqment Zqa,, Any project located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. ..,/ 12. Mora than 1 .. ,cre of d/styrbance. Project results in the disturbance of 1-acre or more of land and is considered a ..,/ Pollutant-generating Development Project4• 1 Envlronmentally Sensitive Areas Include but are not llmlted to an Clean Water Ad Section 303(d) impaired water bodies, areas designated as Areas of Special Biologk:8I Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendment&); water bodies designated with the RARE beneficial use by the State Wat.er Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as pntServas or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have bean identified by the Copermlttees. 2 "Directly adjacenr means situated within 200 feat of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyanoe system that Is composed entirely of flows from the subject development or redevelopment site, and not commingled With flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutant& at 18\181s greater than baettground tev•. In general, these Include all projects that contribute to an exceadance to an Impaired water body or which create new Impervious sl.naoas greater than 5000 square feat and/or Introduce MW landscaping areas that require routine use of fertlllzers and pesticides. In most cases llnear pathway projects that are for Infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects If they are built with pervlous surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: StcH00 1 Buulta= If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements• box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and fotlow the instructions. E-34 Page 2 of 3 REV 1/14111 «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION2 SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the quHtlons below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development ¥ Proiect*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment end you ARE subject to PRIORITY DEVELOPMENT PROJECT reauirements. Please check the "maets PRIORITY DEVELOPMENT PROJECT r=ulrements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) _, INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meat PDP reouirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing end reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged ¥ pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a signif1Cant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP ""'Uirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or ✓ more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed exnosina underlvina soil durina construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below . .. *for definition see Footnote 4 on page 2 SECTION 3 QUESTIONNAIRE RESULTS □ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow oontrol (hydromodiflcation) requirements may apply to my project. Refer to SUSMP fo< details. My project does not mHt PDP requirements end must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As n .. rt of these -uirements, I will in......vnnrate low imn .. ct develooment strat.,.,.,ies thro11"'hout mv nm.iect. Applicant lnfonnation and Signature Box This Bmc for City Use Only Address: Assassor's Parcel Number(s): City Concumtnce: I YES I NO 1986 La Costa Ave 216-590-16-00 I I Applicant Name: Applicant Tltte: By: Tim Henion Agent for AT&T Dale: Applicant Signature: Date: ,,-7 \ 1.::::::::::,,, 18 SEPT 2018 Pro;&cllO: E-34 Page 3 of 3 REV 1/14111 MSQUAR(c.::,., WIRELESS-" 1387 CALLE AVANZADO SAN CLEMENTE CA 92673 (949) 391-6824 II - _._,.._---5-,j -... ' ... ? -. --_. -'' -· &.: :? ........ ,_. I ill lll!!S:I .. • i '.~ I LI LI LI . -~ NS0060 NS0060 AT&T OMNI RESORT AT&T 1986 LA COSTA AVE CARLSBAD , CA 92009 SEP 2 5 2018 c·,. ' ' ..... J P, ..... i4Htd A ' . , I j ,,,..~'!.~ ------•·.' ~ ' ; ~ IQ.a.'~ .,. t • - ... Ill ®2016 Gooa•.,., LOOKING SOUTHEAST FROM ENTRANCE TO DRIVING RANGE AT&T NS0060 AT&T Omni Resort Photo Survey Key Map L. ,_,-..._r ~ SF.P 2 5 2018 f) l 1. View of North Elevation of site. 2. View of South Elevation of site. 3. View of East Elevation of site. 4. View of West Elevation of site. 5. View looking North from site. 6. View looking East from site. 7. View looking South from site. 8. View looking West from site. Proposed Style of Monopine, same as previously approved 5800 The Crossings Drive, CUP 15-04/CDP 15- 05 {DEV15007) 6 ~ . ,..... II '"' _) SEP 2 5 2018 IJ ,-I t •.• ' ' ' . C l ? r_r .r ·• I "-II ._ u _) • J ' • - AT&T Mobility Omni Resort #1 shows the coverage area without the proposed site #2 shows the covera2e area with the orooosed site and surroundin #3 shows the coverage area with the proposed site stand alone #4 shows the AT&T Mobility network in Carlsbad, CA This slide shows the area without coverage ~~--.---~. ' ~ ·■ 1:·--.- . "d I), " .·. : i , . . . . -4 • , Ji •~.} : I ! . ~ • --. •,. ' □ ■ • .!I I A, PkwJ--'":::"-~-.. □ .... i· \ . . • ~ I -_. · ,· n ,.g,,R•\ . I.~ - -r.i A11. ,:oro co:.• -u .,, -~ 11 [, .. .-qu ,,11111 _1 <. L ■'~oon ---\.o.\ CM la ,\ "<> • "' .. ~ ■ ■ • I --■ .. ■,~,.':i: 1· _ _J,_.j_Mu: -- • ,: legend Good Coverage Weak Coverage Marainal to No Coveraae ~-~ ·-Q • ■l c) ri ,'i t; 1 • • ~1000 ~ ..-~ ■ .... , ... ~ • -~ ,.,~~~- • ■ .• ,,l ...~• ■ -~,-•.a • .,ro r ■ • ■ • ,.~- t. ~ ... -· I, •• ..... i \ dr1- Stll 2 ..,. '3 This slide shows the coverage with the p.roposed site -~· . -117 . ·. ::W ~-I_ .... =:1:::=11---'dr_ ,1 -I ■ "b... ~ :. -1 n ..... C ■ , I 4~.~,., I.IOI ·111t, V: ' ,,,,,,..I l, ■•" ■ II.II :, \ l ogr,on LI-"\~~ "" ,. <l ., r "' "., -rr"J71I ■ -.~■,rl~il ~-~ ■ ~ ~ ■ ■ 1· ■ •■ I -■ I~ I■ -- ■ ■ ---■ L7 ■ -■ ,.~- =---1.I -Min M -_1__ ax Legend Good Coverage -Weak Coverage -Marainal to No Coveraae l .. ) .. \ ~ - At ~ .., n Q,) ., -V, C"' Q,) C. • '' ' ~' I •t,tiL ... ,, ~:,,, •. ,'."!.. ....... ~ _, Commonweaith Land Titie insurance Company GUARANTEE NO.: CA-SFXFC-tMP-81G28-1-18-09206993 CLTA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE vUNUI I IUN::> A I I AvHt:U Ht:Ht: I (J ANU IVIAUt: A t-'AH I UI" I HIS GUAHAN I t:t:, COiviMONV'vEAL TH LAND TiTLE iNSURANCE COiviPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Commonwealth Lana Titie insurance Company Countersigned: By:---------- Authorized Officer or Agent e, Randy a11~1< P,n,<Mnt CLTA Guarantee Face Page (06-05-14) Page , © California Land Tide Association. All rights reserved. The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the catttomia Land Title Association. Order No. 09206993-920-CMM-CMS Guarantee No. CA-SFXFC-IMP-81 G28-1-18-0920€993 GUARANTEE EXCLUSIONS AND CONDITIONS {06--05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the l\nes of the Land. (b) Defects, Uens, encumbrances. adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more ot the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity ot any party shown or referred to in any of the schedules of thls Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of thi6 Guararnee. {f) {1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters e~luded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded. under (1 ), (2) or (3) are shown by the Public Records. GUARANTEE CONDmONS 1. Definition or Terms. The following terms when used \n the Guarantee mean: (a) the "Assured": the party or panies named as the Assured in Schedule A, or on a supplemental writing eJ€eCUted by the Company. (b) "Land": the Land described or referred to [n Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) »Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under Cakfornia statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liabilityn: the Amount of liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in SChedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. ll prompt notice shall not be given to the Company, then all liablUty of the Company shall terminate with regard to the matter or matters tor which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless !he Company shall be prejudiced by the failure and then only to the extent of the prejudtce. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to delend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set lorth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights undsr fhis paragraph, it shall do :;o dlligently. CL TA Guarantee Exclusions and Conditions (06-05-14) © Callfomla Land TIHe Assoclallon. All rtghls reserved. (b) If the Company elects to exercise its options as stated in Paragraph 4{a) the Company shall have the right to select counsel of its choice (sub}ect to the right CK the Assured to object for reasonable cause.) to represent the Assured and shall not be liable for and WiD not pay the fees of any other counsffi, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which aHege matters not covered by this Guarantee. (c) Whenever the COmpany shall have brought an action or interposed a defense as permitted by lhe provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide tor the defense of any actton or proceeding, and all appeals therein, and pennit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to estabUsh the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If 1he Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee sha!I terminate. 5. Proof of Loss or Damage. {a) In the event the Company is unable to detennlne the amount of k>ss Of' damage, the Company may, at its option, f'Gquire as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that consUtutes the basis of loss or damage and shall state, to the ex.tent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shaff produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the· Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, whk:h reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its pe,mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertajn to the loss or damage. All infonnatlon designated as confidential by the Assured provided to the Company pursuant to this paragraph sh8'I not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary 1n tho ;;dministrafon of the claim. Fnil11m of the Assursd to submit for examination under oath, produce other reasonably requested Page~ The use of this Fonn is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tide Association. C Order No. 09206993-920-CMM-CMB information or grant pennisslon to secure reasonably necessary infomlation from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. &. Options to Pay or Otherwlae Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shalf have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to _pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. ln addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of thi.s paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required-to be made, shall terminate, fnciuding any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has sulfered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be I/able for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liabilhy or Termination of UabHlty. All payments under this Guarantee, except payments made for costs, attorneys' tees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of lo18. {a) No payment shall be made without.producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable wtthin thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of lhe Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had a_gainst any person or .. , Guarantee No. CA-SFXFC-!MP-81 G28-1-18--092DS993 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company aH rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rlghts or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to an rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the ctaim or controversy shall be submitted to arbitration pun,uant to the Title Insurance Arbitration Rules of the American Land Title Association {"Rules7. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with lts issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction grving rise to this Guarantee. All arbltrable matters when the amount of liability is $2,000,000 or less shaft ·be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Llablllty Limited to This Guarantee; Guarantee Entire Contract. {a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to ¾his Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severablllty In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provjsion or such part held lo be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and detemlined the premium charged therefor ln reliance upon the law affecting interests in real property and applicable to the Interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law ot the jurisdiction where the Land is located to detennine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator appfy its conflicts· of law principles to determine the applicable law. (b) Choice ol Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a stale or federal court within the United States of America or its terrttories having appropriate jurisdiction. 15. Notk:es, Where Sent. All notices required to be given the Company and any statomant in writing required to be furnished the Company shaU include the number of this Guarantee and shall be addressed to the Company at , Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023." CLTA Guarantee Exclusions and Conditions (06-05-14) Page~ @ Callfornla Land Title Aaaoclatlon. All rights reserved. The use of this Fann is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: C920S993-92C-CMM-CM8 Guarantee No.: CA S!=XFC IMP--81 G28 1 18 09206993 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 09206993-920-CMM-CMC Guarantee No.: CA-SFXFC-IMP-81G28-1-18-09206993 Date of Guarantee: June 6, 2018 at 7:30 A.M. 1. Name of Assured: DePratti, Inc. 2. The estate or interest in the Land which is covered by this Guarantee is: AFEE 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is ve~tAd in· Amount of Liability: $5,000.00 Fee: S3,!!CO.OO LC Investment 2010, Inc., a Delaware corporation, successor by conversion to Fillmore LC Investment, LLC, a Delaware limited hability company b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee @ California Land Title Association. All rights reserved. Page 4 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinled under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS INSTRUMCNT NO. 2008025217~ OF OFFICIAL RECORDS, BEING A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1198'1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 55 OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, ACCORDING TO MAP NO 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 29, 1964, DISTANT THEREON NORTH 8° 52' 40" EAST (RECORD NORTH 8° 54' or EAST PER SAID MAP NO 5'13-1) 39.33 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINES OF SAID LOT 55 AND LOT 56 OF SAID MAP NO. 54~ SOUTH 8° 52' 40" WEST (RECORD SOUTH 8° 54' 07" WEST PER SAID MAP NO 5434) 160.93 FEET TO THE NORTHEAST CORNER OF LOT 57 OF SAID MAP NO 5434; THENCE ALONG THE EASTERLY LINE OF SAID LOT 57 SOUTH 20° 29' 23" WEST (RECORD SOUTH 20° 30' 50" WEST PER SAID MAP NO. 5434) 186.99 FEET; THENCE SOUTH 77° 29' 05" EAST 66.04 FEET (RECORD SOUTH 77° 23' or EAST 65.76 FEET PER SAID MAI-' NO. b4;j4); THENCE NORTH 70° 40' 31 " EAST 7.11 FEET (RECORD NORTH 68° 55' 29" EAST 7.21 FEET PER SAID MAP Nv, 543't); THENCE LEAVING SAID BOUNDARY NORTH 20° 02' 19" EAST 39.48 FEET; THENCE NORTH 24° 53' 35" EAST 137.79 FEET TO A POINT THAT BEARS SOUTH 72° 02' 15" EAST 81.21 FEET FROM SAID NORTHEAST CORNER OF LOT 57; THENCE NORTH 21 ° 13' 10" EAST 47.44 FEET; THENCE NORTH 8° 54' 07" EAST 127.35 FEET; THENCE NORTH 81 ° 05' 01 " WEST 90.38 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PEA CERTIFICATE OF COMPLIANCE NO. CE 0700028, RECORDED MAY 9, 2008 AS !N';;TRUMrNT NO 2008-02•,?1 n OF OFFICIAL RECORDS. A.f'N · 216 590 16. 216-592-01. 216-592-04. 216-593-05 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of TIiie Guarantee Page 5 © California Land Tltle Association. All rights reserved. The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B A. Property truces, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2018 2019. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 {commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, 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. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress Granted To:. Purpose:. Recorded:. Affects:. February 16, 1920 as Instrument No. 4391, in ~ook 7!,!!:!._ 1-'aqe 241 of Deeds The route thereof affects a portion of said land and Is more fully described in said document. 3. An easement for the purpose shown below and rights incidental !hereto as set forth in a document. The County of San Diego Public road Granted To:. Purpose:. Recorded:. February 28, 1950 as Instrument No. 23337, in Baok ~51!:l, Paqc 221 of Official Records Affects: A portion of said land Said instrument additionally contains tho privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. 4 An easement for the purpose shown below and rights incidental thereto as set forth in a document The County of San Diego Public road Granted To:. Purpose:. Recorded:. Affects:. April 7, 1954 as Instrument No. 45689, in Book 5198. Page _EiO of Official Records Road Survey No. 682. as shown on the Plat attached thereto Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. 5. 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 pubhc utilities, ingress. egress April 16, 1954 m tlOOK ;>i;!U t Page I t,!j of Official Records A 150 toot strip of land 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page 6 (C) Callfomla Land Title Association. All rights reserved. The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CA-SFXFC-IMP-81 G28-H 8-09206993 SCHEDULE B (Continued) 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company public utilities, ingress, egress April 16, 1954 as Instrument No. 49841 , in Book 5207, Page 161 of Official Records Affects:. A 100 foot strip of land 7. 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 public utilities, ingress, egress May 12, 1954 in Book 5~35. Page 133 of Official Records A 100 foot strip of land 8. An easement for the purpose shown below and nghts incidental thereto as set torth m a document. Granted To:. Purpose:. Recorded .. Affects .. San Diego Gas and Electric Company public uliliiies, ingress, egress June 18, 1954 in Buuk 5273, Path:1432 of Official Records Said land more particularly described therein 9. 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 public utilities, ingress, egress October 16, 1956 in Book 6301 Pag1> 162 of Official Records A 150 foot strip of land Note: A Right of Way Use Agreement dated May 20. 1982, by and between San Diego Gas and Electric Company (Granter) and La Costa Hotel and SPA, a California general partnership was recorded June 10, 1982 as Instrument No. 82-178920 of Official Records. Note: A Right of Way Use Agreement dated May 20, 1982, by and between San Diego Gas and Electric Company (Granter) and La Costa Hotel and SPA, a California general partnership was recorded October 7, 1986 as Instrument No 86-449867 of Official Records. Note: A Right ot Way Use Agreement dated May 20, 1982, by and between San U1ego Gas and 1:.lectric Company (Granter) and La Costa Hotel and SPA, a Calltorma general partnership was recorded September 26, 1991 as instrurn~rn No. 1 ~91 ·4958ti 7 of Official Records. 10. An easement for the puIpose shown below and rights incidental thereto as set faith in a document. San Diego Gas and Electric Company public utilities, ingress, egress Granted To:. Purpose:. Recorded:. March 21, 1957 as Instrument No. 42195 in Book 9004, P:::gc 206 of Official Records Affects:. A 150 foot strip of land 81 G28 CL TA Guarantee Form No. 28 (06--05-14) Condition of Title Guarantee Page 7 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-9-20-CMM-CMS Policy No. CA-SFXFC-IMP-81 G28· 1-18-09206993 SCHEDULE B (Continued) 11 . An easement tor the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District public utilities, ingress, egress August 11 , 1961 as lnstrurnent No, 138157 of Official Records Granted To:. Purpose:. Recorded:. Affects· The route thereof affects a portion of said land and is more fully described in said document. Note· Portion eliminated by document recorded July 17 2003 as Instrument No 2003-0851230 of Official Records 12. 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 pipe August 11, 1961 as Instrument No 138157 of Official Records A portion of said land 13. An easement tor the purpose shown below and nghts incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded .. Affects .. Carlsbad Municipal Water District sewer lines and pipe lines February 27, 1962 as lm,ilu111tt11i Nu 33063 oi Official Record& A strip of land 20 feet wide Note: A portion of said easement was eliminated by an instrument recorded May 7, 1968 as !n:;;t~umcnt No 76668 of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. GrnntAd To Purpose· Recorded:. Affects:. Let 1r.aclia Co, mty W ;;itf>r fJiqtrict public utilities, ingress. egress May 29. 1962 as lnstrum~o.t NQ. §}1_495 of Official Records A strip of land 1 O feet wide 15. 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 steel towers June 20. 1962 as Instrument No. 104913 of Official Records A 150 foot strip of land 16. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc. releases the County of San Diego from its responsibilities to maintain drainage and storm drain outlets, recorded April 8, 1964 as Instrument No. 63487 of Official Records. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 8 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land TIiie Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B (Continued) 17. An easement for the purpose shown below and nghts incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects· San Diego Gas and Electric Company public utilities, ingress, egress June 11, 1964 as Instrument No 105863 of Official Records A portion of said land 18. An Agreement, to which reference is hereby made for full particulars Dated:. February 2, 1965 By and Between:. Recorded:. Regarding:. Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company February 5, 1965 as Instrument No 21960 of Official Records Installation of Gas and Electric Facilities 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To :. Purpose:. Recorded .. Affects .. The County of San Diego drainage February 16, 1965 as 1rn,l1 um1;1ol No, 27b~Q of Official Records Within lhe boundaries of lhe existiny Golf Course and/or Greenbelt areas 20. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding:. San Diego Gas and Electric Company and Rancho La Costa, Inc. February 17, 1965 as Instrument No 28607 of Official Records The underground electrical system for La Costa Country Club 21 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 A sewer pipe line. pumping station and appurtenances July 9, 1965 as Instrument No. 123282 of Official records A portion of said land Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598020 of Official Records. Note: Portion easement eliminated by document recorded· July 17, 2003 as lostryment No 2003-u850435 of Otf1c1al Hecords and by document recorded July 17, 2003 as lm,IrurnenI No . .:'.003-uti51 iJu of Official Records. 81028 CLTA Guarantee Form No. 28 (06-05-14} Condition of Title Guarantee © Callfornla Land Title Association. All rights reserved. Page 9 The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses ate prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B (Continued} 22. 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 public utilities, ingress, egress June 16, 1966 as Instrument No 99315 of Official Records Said land more particularly described therein 23. 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 public utilities, ingress, egress July 11 , 1966 as Instrument No. 112556 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 24. An easement for the purpose shown below and nghts incidental thereto as set forth m a document. Granted To:. Purpose .. Recorded .. Affects .. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as 111;,!I u11 •!iii ,1 r"Y· 11255; of Official Reco, ds The route thereof affects a portion of said land and is more fully described in said document. 25. An casement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose· Recorded: Affects:. The County of San Diego storm drain September 6, 1966 as Instrument No 145066 of Official Records The route thereof affects a portion of said land and is more fully described In said document. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose·. Recorded:. Affects:. The County of San Diego ingress, egress for repairing and maintenance of drainage facilities September 30, 1966 as Instrument No. 15881 7 of Official Records The route thereof affects a portion of said land and is more fully described in said document. a. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gc1s c1nd Electric Company public utilities, ingress, egress October 27, 1966 as Instrument No. 172022 of Official Records Granted To .. Purpose .. necorded:. Affects:. The route thereof affects a portion of said land and 1s more fully described in said document. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 10 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are p<ohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 0!3206993-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B (Continued} 28. An easement tor the purpose shown below and rights incidental thereto as sat forth in a document. Granted To:. Purpose:. Recorded·. Affects· San Diego Gas and Electric Company public utilities, ingress, egress November 17, 1966 as lnshument No 181876 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. 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 public utilities, ingress, egress November 23, 1966 as Instrument No. 184937 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To .. Purposci .. Recorded .. Affects .. Leucadia County W aler District sewer pipelint:1s January 26, 1968 as 11);;,![4ms@ No, 14749 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 31. An Agreement to which reference is hereby made for full particulars. By and Between· Recorded: Regarding:. Affects: Rancho La Costa, Inc., a Nevada corporation and La Costa Land Company, an Illinois corporation and Robert E Cantwell Ill and Marianne Cantwell husband and wife, as joint tenants April 17, 1968 as Instrument No. 63823 of Official Records A License for pedestrian and Golf Cart purposes As described in said document. 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipe line May 8, 1968 as Instrument No. 7b8bb of Offtc1al Hecords Granted To:. Purpose:. Recorded:. Affects:. The route thereof atfects a portion of said land and Is more fully described m said document. 81 G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee ©> California Land Title Association. All rights reserved. Page 11 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CASFXFC-IMP 81G28 1 18-09206993 SCHEDULE B (Continued) 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded .. Affects· The County of San Diego Public road May 29, 1968 as Instrument No 90113 of Official Records Road Survey 1796-66 Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 34. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of Income, or ancestry" as set forth in the document Recorded:. November 25, 1968 as instrument No. 207!:!!:!3 of Off1c1al Hecords Note: Section 12956.1 of the government code provides the foilowing: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, di~abilily, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 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." Note : If you should request a copy of the document referred to above. California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over. or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose·. Recorded:. Affects:. Bios, Inc., a California corporation sewer December 23, 1968 as Instrument No. 224061 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 36. An easement for the purpose shown below and rights incidental thereto as set forth m a document San Diego Gas and Electric Company public utilities, ingress, egress December 23, 1968 as :n:;;trumont No, 224Q07 of Official l1ecords Granted To .. Purpose .. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee t'l> California Land Title Association. All rights reserved. Page 12 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920 CMM-CM8 Policy No. CA-SFXFC IMP-81G281-18-09206993 SCHEDULE B (Continued) 37. 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 public utilities, ingress, egress March 20, 1969 as Instrument No 4Q242 of Official Records The route thereof affects a portion of said land and is more fully described in said document 38. 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 pipe line March 21 , 1969 as Instrument No 493::>4 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 39. An Agreement, to which reference Is hereby made for full particulars By and Between:. Recorded. Regarding .. La Costa Land Company, an llhno1s corporation and the County of San Diego August 6, 1969 as 111::,uu1r1~111 1-.0. ,43240 of Official Records Waiver regarding discharge of water Said matter affects: As described therein 40. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water 0ic,trict sewer pipe line August 15 1969 as Instrument No~Q!! of Official Records Granted To· Purpose· Recorded· Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: A portion of said easement was eliminated by document executed by Leucadia Water District and recorded October 23, 1987 as Instrument No 87-598020, of Official Records. 41 . An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding:. Leucadia County Water District and La Costa Land Company August 15, 1969 as IQstrument No, J bUJ bQ of Ott1c1al Hecords License Agreement for Tennis Court over sewer easement 42. An easement for the purpose shown below and , ights incidental thereto a:. set forth in a document. Leucadia County Water District pipe lino September 16, 1969 as !nslrumcnt No. ~ 691 71 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 13 The use ot this Form is restricted to CL TA subscribers in good standing as ot the date ot use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM CM8 Policy No. CA SFXFC IMP-81G28 1 18-09206993 SCHEDULE B (Continued) 43. 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 public utilities, ingress, egress November 10, 1969 as instrument No 206119 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 44. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego Public road November 13, 1969 as Instrument No. ?08550 of Official Records Road Survey 1796-66 Said instrument add1t1onally contains the privilege and right to extend C1raInage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof. 45. An easement for lhe purpose shown below and rights incidental thereto as sel forth in a document. Granted To .. Purpose:. Recorded:. Affects;. San Diego County Flood Control District, Zone 1 drainage channel November 18, 1960 as Instrument Np :;:11764 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 46. 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 pipe line December 1. 1969 as Instrument No, WD.:!1 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 47 An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipe line December 3, 1969 as tnstrument No. ~J\17UJ of Off1c1aI Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and 1s more fully described in said document. 48. The privilege and right to extend drainage structures dnd excavation and embankm&nt slopes beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance of said highway, as contained in the Deed recorded December 3, 1969 as Instrument No, 220242 of Official Records. 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © Callfomla Land Title Association. All rights reserved. Page -: .. The use of this Form is restricted to Cl TA subscribers in good standing as ol the date of use. All other uses are prohibited. Reprinted under license or express permission from the Califomia land Title Association. Order No. 09206993-920 CMM-CM8 Policy No. CA SFXFC·IMP-81G281 18-09206993 SCHEDULE B (Continued} 49. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose: Recorded·. Affects·. The County of San Diego drainage channel December 3, 1969 as !ns!rument No, 220242 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 50. 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 pipe line March 4, 1970 as Instrument No 38849 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 51. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To .. Purpose .. Recorded .. Affects .. Leucadia County Waler District pipe line July 13, 1970 as ln;,trum0nt No 121400 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 52. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia Water District pipe line August 25 1970 as Instrument No 152444 of Official Records Granted To· Purpose· Recorded· Affects· The route thereof affects a portion of said land and is more fully described in said document. Note: Portion vacated by document recorded July 17, 2003 as Instrument No. 2003-0851230 of Official Records. 53. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions. if any, based upon race. color, rellgIon, sex. sexual orientation, familial status, manta! status, dIsablllty, medical condition, national origin, source or income, or ancestry" as set form in the document Recorded:. August 19, 1970 as jn;;1ryrntm1 Nu. j48~t>u of Offrc1al Records 81G28 CLTA Guarantee Form No. 28 (06-05·14) Condition of TIiie Guarantee ©l California land TIUe Association. All rights reserved. Page ~!: The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM CMB Policy No. CA-SFXFC-IMP-81G28-1 18 09206993 SCHEDULE B tr.nntiniuvt\ . . Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 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.· Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made m good faith and tor value. Modification(s) of said covenams, conditions and restricuons Recorded .. Septeml,er 2, 1970 a~ 111;>lr µ111tH II Nu. 15&552 of Official Records 54. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose: The County of San Diego drainage channels June 4, 1971 as Instrument No 1 17673 of Official Records Recorded:. Affects The route thereof affects a portion of said land and is more fully described in said document 55. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line June 7, 1971 as Instrument No. 118184 of Official Records Granted To:. Purpose:. Recorded:. Affects·. The route thereof affects a portion of said land and is more fully described in said document. 56. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line Febt uary 4, 1972 as Ii 1:.tru1 llt:Jl ll f'lu. <!.i'.J 13 of Official Reco,,ds Granted To:. Purpose .. Recorded .. Affects .. The route thereof affects a portion of said land and is more fully described in said document. 57. A License Agreement by and between Leucadia County Water District and la Costa land Company, an Illinois corporation, recorded May 31, 1972 as lpstrumcnt Ne 137509 of Official Records, regarding change of grade and construction of Tennis Court over a portion of a district sewer easement. Note: Portion vacated by document recorded as ln~trumont No 2003 0851230 of Official Records. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page 16 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Titre Association. Order No. 09206993-920 CMM-CM8 Policy No. CA-SrXFC IMP-81G28·1-18-09206993 SCHEDULE B (Continued) 58. 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 public utilities, ingress, egress September 19, 1972 as lnstrur11enl No 250710 of Official Records A strip of land six feet of more in width. being three feet measured right angles on each side of each and every electrical utility facllity Installed within the therein described lands on or before June 29, 1973 The exact location and extent of said easement is not disclosed of record 59. An easement for the purpose shown below and rights incidental thereto as set forth in a document San Diego Gas and Electric Company public utilities. ingress, egress September 26, 1972 as Instrument No. 256957 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: A Right of Way Use Agreement dated August 6, 1991, by and between San Diego Gas and Electric Company and La Costa Hotel and SPA Resort, was recorded September 26, 1991 as instrument No. 1 ~91 ·4~5t,87 of Off1c1al Records. 60. An easement for the purpose shown below and rights incidental thereto as set forth In a document. San Diego Gas and Electric Company public utilities, ingress, egress October 2, 1972 as Instrument No. 264028 of Official Records Granted To:. Purpose:. Recorded:. Affects; A strip of land six feet of more in width, being three feet measured at right angles on each side of each and every electrical utility facility installed within the therein described on or before June 29, 1973 The exact location and extent of said easement is not disclosed of records 61. An easement for the purpose shown below and rights incidental thereto as set forth in a document Leucadia County Water District sewer pipe line or pipe lines January 24, 1973 as lD.stcument No. 73-021341 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 81 G28 CL TA Guarantee Form No. 28 (06-05-14} Condition of Title Guarantee Page ~, © California Land Title Association. All rights reserved. The use of this Fonn is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920 CMM CM8 Policy No. C/\-SFXFC IMP-81G28 1-18-09206993 SCHEDULE B (Continued) 62. An easement for the purpose shown below and rights incidental thereto as sat forth in a document. Granted To:. Purpose:. Recorded:. Affects·. San Diego Gas and Electric Company public utilities, ingress, egress February 20, 1973 as Instrument No 73-044092 of Official Records The route thereof affects a portion of said land and is more fully described in said document 63. 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 June 20, 1973 as Instrument No 73-168?49 of Official Records The route thereof affects a portion of said land and is more fully described In said document. 64. 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 a pipeline or pipelines September 7, 1973 as 1n;,trumypi No z;, 25Z77G of Official Records The route thereof affects a portion of said land and is more fully described in said document. 65. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To· Purpose· Recorded· Affects:. San Diego County Flood Control District Zone 1 a drainage channel September 25, 1973 as Instrument f'-.Jo 73-?70064 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 66. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Leucadia County Water District a sewer pipe line or pipelines September 25, 1973 as Instrument N_Q.,._73-270151 of Official Records Purpose:. Recorded:. Affects:. I he route thereof affects a portion of said land and Is more fully described 1n said document. Note. Portions of said easement were vacated by Qu,tcla,m deeds recorded June 19, 1992 as l11~l,u111tml Nu. 1992381708 c:1nd as l1,~11u111t11ll No. 92-381709 both of Official Records. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee ® Calltornla Land Title Association. All rights reserved. Page 18 The use of this Fann is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-tMP-81G28-1-18-09206993 SCHEDULE B (Continued) 67. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 13, 1974 as,!Dstrument No 74-035505 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race. color, religion. sex. sexual orientation, familial status, marital status, disability. national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 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." Note: If you should request a copy ot the document referred to above, Ca11tom1a Law requires that a county recorder, ttlle insurance company, escrow company, real Estate broker, real Estate agent, or assoc1at1on that provides a copy of a declaration, goverrnng document, or deed to any person shali place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldfc:1ce type, relating to unlawful restrictions. 68. 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 Electrical system June 4, 1974 as Instrument No 74-147403 of Official Records Said land more particularly described therein 69 An easement for the purpose shown below and rights incidental thereto as set forth in a document Carlsbad Municipal Water District a pipeline or pipelines July 11 , 1974 as Instrument No. 74-185026 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 70. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded .. Affects .. Carlsbad Murnc1pal Water 01stnct a pipe line or pipelines July 11, 1974 as 1mururnent No. 74-1 650,;>, of Off1c1al Records Said land mo, e particularly described therein 71. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding·. La Costa Land Company, an Illinois corporation and Leucadia County Water District August 19, 1974 as lnc;tru!T'<>nl l\lo 74-??4q-.i:; of Official Records Agreement to Relocate Easement 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page 19 © California Land Title Association. All rights ..-ved. The use of this Form is restricted to Cl TA subscribers in good standing as ol the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B (Continued) 72. 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 a drainage pipeline and appurtenances August 19, 1974 as Instrument No 74-??4936 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Note: A termination of easement was recorded September 22, 2000 as instrument No 2000-0510316 of Official Records. Note: Portion vacated by document recorded July 17, 2003 as Instrument No 2003-0851230 of Official Records. 73. 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 Eleclnc Company public utilities, ingress, egress September 17, 197 4 as irn;,lrutt1!il\l Nu, 74-251086 of Official Records Said land more particularly described th~re1n 74. 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 a pipeline or pipelines October 15, 1974 as l0strurrient No 74-273988 of Official Records The route thereof affects a portion of said land and is more fully described in said document 75. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects· Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31, 1974 as Instrument No 74-337648 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 76. An easement for the purpose shown below and rights incidental thereto as set torth in a document. Granted To:. Purpose .. Recorded .. Affects:. Pacific Telephone and Telegraph Company public ulliil1es, ingress, egress December 31, 1974 c.1s 1n::.1run11,,11t t-Ju. 7<+·..>..>7o4J of Official Records The route thereof affects a portion of said land and is more fully described in said document. 77. A License Agreement by and between Leucadia County Water District and La Costa Land Company, an Illinois corporation, recorded January 15, 1975 as !p;::trum~nt Ng, 75 010209 of Official Records, regarding change of grade and construction of Tennis Court over a portion of a district sewer easement 81G28 CL TA Guarantee Form No. 28 (06-05-14) Page 20 Condition of Title Guarantee © California Land Tltle Association. All rights reserved. The use ot this Form is restricted to CL TA subscribers in good standing as of the date of use. AU other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMa Policy No. CA-SFXFC-IMP-81G28-1-l8-09206993 SCHEDULE B tr.nntlnul'lli\ . . 78. 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 a pipeline or pipelines January 24, 1975 as 1nst1 umeol No 7'i-017337 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 79. 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 public utilities, ingress, egress December 3, 1979 as Instrument No 79-507143 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 80. 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 public utilities, ingress, egress August 7, 1980 as lq,,11umcat No. GQ•2J08j0 of Official Records Said land more particularly described therein 81. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose :. Recorded· Affects: La Costa Green, a general partnership sewer lateral March 24, 1982 as Instrument No. 82-07!1855 of Official Records The route thereof affects a portion of said land and Is more fully described In said document. 82. An Agreement. to which reference is hereby made for full particulars Dated:. By and Between:. Recorded:. Regarding:. June 9, 1983 The City of Carlsbad and Daon Corporation July 29, 1983 as Instrument No. 83-263!>66 of Official Records Reimbursement Agreement for Public Improvements 83. fhe pnv1lege and rrght to extend drainage structures and excavation and embankment slopes beyond the limits oi right of way, where required for the construction and maintenance of said nght of way, as contained in the deed recorded December 9, 1983 as instrumern 1\io. oJ-44&,<;;,l;I of Official Records. 84. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress January 11, 1984 as Instrument No. 84 011338 of Official Records Granted To:. Purpose:. Recorded:. Affects·. The route thereof affects a portion of said land and is more fully described in said document 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © Callfomla Land Title Association. All rights ,._,,ed. Page 2~ The use of this Form is restricted to CLT A subscribers in good standing as ot the date ot use. A" other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206903-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B tr.nntin11M\ . . 85. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose: Recorded:. Affects:. Pacific Bell public utilities, ingress, egress April 6, 1984 as Instrument No 84-126741 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 86. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Theodore Aroney drainage structures and pipelines August 10, 1984 as Instrument No. 84-304383 of Official Records The route thereof affects a portion of said land and is more fully described rn said document. 87. An easement for the purpose shown below and rights incidental thereto as set forth m a document. Granted To .. Purpost: .. Recorded .. Affects:. Costa Real Municipal Waler District public utilities, i,rgress, egress October 8, 1984 a~ 10,;w Yffi\:iQl No, 84-380189 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 88. An casement 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 public utilities ingress, egress June 18. 1985 as Instrument No 85-216657 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 89. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Aftects:. La Breteche, LTD., a California limited partnership sewer June 26, 1985 as Instrument No. 85-228680 of Official Records I he route thereof affects a portion oi said land and is more fully described in said document. 90. An easement for the purpose shown below and nghts incidental thereto as set ionh in a documem. Pacific Bell public utilities, ingress, egress July 31, 1985 as !n;;trumcnt No. 85 2734QQ of Official Records Granted To .. Purpose .. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © Callfornle Land Title Assocletlon. All rights reserved. Page z."! The use of this Fonn is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B l~nntln11Att\ \ ·------, 91. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose: Recorded:. Affects:. 367 Jerez Company, a California general partnership and Fairbrook Villas Homeowners Association Heathers, blowers, pumps, filters and appurtenances; gas lines, electric lines, water lines and control lines running between the SPA equipment and existing connections, concrete pads and retaining walls to create equipment pads for SPA equipment, landscaping and irrigation system August 26, 1985 as Instrument No. 85-308763 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 92. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded .. Affects:. Imperial Bank, a Cahtorn1a corporation and AL I A Verde Condom1n1ums Homeowners Association landscaping and concrete walkways ,n coniuncllon with ,ts condominium development known as ALT A Verde Condominiums January 3, 1986 as lm,lrurnent No. 86-002402 of Official Records The route thereof affects a portion of said land and Is more fully described in said document. 93. 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 Abutter's rights of access appurtenant to the land abutting the Easterly right of way line of El Camino Real and the Northerly right of way of line of La Costa Avenue January 15, 1986 as Instrument No. 86 017550 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 94 An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-~98021 of Official Records Granted To:. Purpose:. Recorded .. Affects:. The route thereof affects a portion of said land and ,s more fully described m said document. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee ~ Calltornla Land Tllle Association. All rights reserved. Page 23 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CA-SFXFC-IMP-81 G28· 1-18-09206993 SCHEDULE B tr.nntlm 1Ati\ . , 95. An aasamant for the purpose shown below and rights incidental thereto as sat forth in a document. Granted To:. Purpose .. Recorded: Affects· Costa Real Municipal Water District public utilities, ingress, egress October 23, 1987 as lpstrumeot No 87-59802? of Official Records The route thereof affects a portion of said land and is more fully described in said document. Note· Portion vacated by document recorded January 26, 2009 as instrument No 200Q-034455 of Official Records. 96. 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 flood drainage channel and the flowage of waters November 17, 1987 as Instrument No 87-642302 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 97. An easement for the purpose shown below and rights incidental thereto as set forth ma document. Granted To:. Purpose .. Recorded:. Affects:. The Jockey Club Homeowners Association, a corporation non-profit mutual benefit corporation landscaping, ingress and egress November 20, 1987 as Instrument No. 87 G510C3 of Otticial Records The route thereof affects a portion of said land and is more fully described in said document. 98 An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The Jockey Club Homeowners Association, a California nonprofit mutual benefit corporation unenclosed patios and landscaping incidental purposes November 20. 1987 as Instrument No. 87-651064 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 99. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Aifects .. Third La Costa Homeowners Association, a California nonprofit mutual benefit corporation landscaping ingress and egress November 20, 1987 as lnstrumenc 1'110. tli-ot>1lJt>:> of Oft1c1al Records The route thereof affects a portion of said land and is more fully described in said documenL 81 G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page ~~ © Callfornla Land Tltle Assoclatlon. All 11ghts reserved. The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. AH other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMa Policy No. CA-SFXFC-IMP-81G28-1-18-092C6993 SCHEDULE B tr.nntin11Ati\ . . 100. A Resolution or the City Council of the City of Carlsbad, California, accepting a covenant of Official Records easement over a portion of Costa Del Mar Road, recorded March 23, 1992 as Instrument No. 1992-158322 of Official Records. The route thereof affects a portion of said land and is more fully described in said document. 101. 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 May 21, 1992 as Instrument No. 1992-310964 of Official Records The route thereof affects a portion of said land and is more fully described In said document. 102. 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, maintain and repair facilities designed for the general purposes of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing mto said fac11it1es, and all natural and art1fic1al drainage ditches and structures ot any kind, whether above or below the surface of the land June 4, 1992 ab ln;,11 u111t;1111 Nu. 1992-0348Q09 of Officii:il Records The route thereof affects a portion of said land and is more fully described in said document. 103. An easement for tho purpose shown below and nghts incidental thereto as set forth in a document. Granted To:. Purpose Recorded: Affects:. The City of Carlsbad drainage September 24, 1992 as lnstnirnPnt No 199?-606491 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 104. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad street May 28, 1993 as Instrument No. 1993-0340673 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and 1s more fully described in said document. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 25 The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B tr.nntln11Att\ . . 105. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad street May 28, 1993 as lnstrpmeot No 1993-0340673 of Official Records Granted To:. Purpose:. Recorded .. Affects:. T he route thereof affects a portion of said land and is more fully described in said document. 106. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad Public sidewalk and utility May 28, 1993 as Instrument No. 1993-34067 4 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 107. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipeline or pipelines November 18, 1997 as ln:;,irums;m No, 1997-0580207 of Official Records Granted To:. Purpose .. Recorded .. Affects .. The route thereof affects a portion of said land and is more fully described in said document. 108. A Certificate of Compliance Dated· Executed by· Compliance No · Recorded:. December 1q, 1997 City Engineer CE 780 December 22. 1997 as Instrument No 1997 0650317 of Official Records 109. A document entitled "Easement Agreement". dated, December 16, 1997, executed by La Costa Hotel and SPA Corporation, a California corporation, Leucadia County Water District. a political subdivision of the State of California and American Stores Properties, Inc., subject to all the terms, provisions and conditions therein contained, recorded December 22, 1997 as Instrument No 1997-0650322 of Official Records. 11 0. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and SPA Corporation, and the City of Carlsbad subject to all the terms, provIsIons and condItIons therein contained, recorded January 8, 1999 as II1s1rurnent I-.io. l ~~~-ov 12461 of Official Records. 111. A document entitled "Amended c1nd Re:,ldted Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000 0295270 of Official Records. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 2£ The use of this Fonn is restricted to CLTA subscribers in good standing as of the date of use. AH other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMa Policy No. CA-SFXFC-IMP-81 G28-1-18-Q92069S3 SCHEDULE B !r.nntln1uwt} 112. An easement tor the purpose shown below and rights incidental thereto as set forth m a document. Leucadia County Waler District underground sewer line, and necessary devices and appurtenances December 27, 2002 as Instrument No ;:>00?-1190210 of Official Records Granted To:. Purpose:. Recorded:. Affects·. The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as provided in the document referred to above. Joint Use Agreement dated January 23, 2003, by and between San Diego Gas and Electric Company and Leucadia County Water District recorded January 31 , 2003 as Instrument No 2003-113678 of Official Records. 113. An Agreement, and the terms and conditions as contained therein Dated:. October 28, 2002 By and Between:. KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad Recorded .. Regarding .. January 17, 2003 as lr1;;,lru111t:11l Nu. 2003-0063448 of Official Records Hold Harmless Agreement Drainage Reference is hereby made to said document for full particulars. 114. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recorded·. Regarding October 28, 2002 KSL La Costa Resort Corporation, a Delaware corporation January 17, 2003 as fpqtrume1t l\1ri "003-00~3A1C\ of Official Records Hold Harmless Agreement Geological Failure Reference is hereby made to said document for full particulars. 115. A document entitled "Notice of Restriction on Real Property", dated, February 10, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25, 2003 as Instrument No. 2003-0210187 of Official Records. 116. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Public water line June 1 ?, 2003 as Instrument No ?003-0693204 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee @ California Land Title Association. All rights reserved. Page 27 The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. Alf other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-1e-09206993 SCHEDULE B tr.nntln11Att\ . . 117. 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 Public Waler Line June 12, 2003 as Instrument No 2003-0693205 of Official Records The route thereof affects a portion of said land and is more fully described in said document 118. 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 Public water line June 12, ?003 as Instrument No. ?003-693?06 of Offteiat Records The route thereof affects a portion of said land and is more fully described in said document. 119. An easement for the purpose shown below and nghts incidental thereto as set forth 1n a document. Granted To:. Purpose .. Recorded .. Affects:. Carlsbad Municipal Water District Public water line June 12, 2003 as ln:,trume, ,t No 200;:;-QG93207 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 120. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To Purposp· Recorded·. Affects·. San Diego Gas and EIPctric Company, a corporation underground electric facilities June 25. 2003 as Instrument No 2003-0753775 of Official Records That portion of the Northeast quarter of Section 35. township 12 South. Range 4 West. San Bernardino meridian as described in Deed recorded November 16. 2001 as Instrument No. 2001 836304 of Official Records of said County of San Diego. The exact location and extent of said easement is not disclosed of record. 121. An easement for the purpose shown below and rights incidental thereto as set forth in a document. PAH 72, LLC, a Cahtom•a llmttea 1tab1l1ty company drainage October 5, 2004 as lnsirumeO) No 2004-0945988 of Official Records Granted To:. Purpose .. Recorded:. Affects .. The route thereof affects a portion of said land and is more fully described in said document. Among other things, said document provides: Covenant for maintenance 81G28 CLTA Guarantee Form No. 28 (06-05-14} Condition of Title Guarantee © Callfornia Land Title Association. All rights reserved. Page ~e The use of this Form is restricted to Cl TA subscribers in good standing as of !he date of use. AR other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1 -18-09206993 SCHEDULE B tr.nntln11Att\ 122. Easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map of:. Purpose:. Affects .. Map 14984 open space easement Lot 1 123. The fact that the ownership of said land docs not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said tract. Affects:. Gibraltar Street set forth on Map 14984 Said land however, abuts upon a Public thoroughfare other that the road referred to above, over which rights of vehicular ingress and egress have been relinquished. 124. Covenants, Conditions and Agreements as sot forth on Map 14984. Reference is hereby made to said document for full particulars 125 A document entitled "Notice of Restriction on Real Prorerty", rlr1ted, .lanuary 11, 2005 exf'cuted by KSL Development and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded March 4. 2005 as lns!r_ument No. 2005-018~:318 of Official Records. 126. A document entitled "Notice of Concerning Aircraft Environmental Impacts Case No: GPA 03-08/ZC 03- 04/MP 03-02/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06", dated, January 11 , 2005, executed by KSL Development, subject to all the terms, provisions and conditions therein contained, recorded March 4 , 2005 as Instrument No 2005-0183319 of Official Records 127. A document entitled "Encroachment Agreement". dated, February 4, 2005, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and condItIons therein contained, recorded March 4, 2005 as Instrument No. 2005-018;337~ of Offlc1al Records. Affects easement recorded October 23, 1987 as Instrument No. 81-598022 of Official Records. 128. A document entitied ·Hold Harmiess Agreement Geoiog1cal Failure , dated, January 31, 2005, executeo by KSL La Costa Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 24, 2005 as irn,tru1r1t111t No, 2005-0243581 of Official Records. 129. A document entitled "llold Harmless Agreement Drainage", dated, January 18, 2005, executed by KSL La Costa Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 24, 2005 as lnstrumont No. 2005 0243587 of Official Records. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of TIiie Guarantee © California Land Tltle Association. All rights reserved. Page ~~ The use of this Fonn is restricted to Cl TA subscribers in good standing as of the date of use. Att other uses are prohibited. Reprinted under Hcense or express permission from the California land Title Association. Order No. 09206993-920-CMM-CMB Policy No. CA-SFXFC-IMP-81828-1-18-09206993 SCHEDULE B t~nntln11Plf\ . . 130. A document entitled "Hold Harmless Agreement Drainage", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 7, 2005 as Instrument No 2005-1054386 of Official Records. 131. A document entitled "Hold Harmless Agreement Geological Failure", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained. recorded December 7, 2005 as lnsJr11ment No. 2005- 1054387 of Official Records. 132. A document entitled "Grant of Easement and Obligation to Convey", dated, February 17, 2006, executed by La Costa Resort 75, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded February 21, 2006 as Instrument No. 2006-0120296 of Official Records. First Amendment recorded September 15, 2006 as Instrument No. 2006-0659234 of Otf1cial Records. t33. A document entitled "Memorandum of Agreement", dated, February i 7, 2006, executed by KSL La Costa I, LLC, a Delaware limited liability company and La Cosia Resort 75, LLC, a California limited liabilily company, subject to all the terms, provisions and conditions therein contdined, recorded February 21, 2006 as Instrument No 2ooe-1202Q7, of Official Records. First Amendment recorded September i 5, 2006 as lwwumaql No. 2006 0659235 of Official Records. 134. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as lo;,;trumcnt No 2007 130797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No, 2007 ·0689714 of Official Records. Said matter affects Map 14984 i 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To Purpose· Recorded: Carlsbad Municipal Water Di!>trict, a public agency Clubhouse Waterline Relocation Water Line Easement PR 06-95 April 1, 2008 as Instrument No. 2008-0166956 of Official Records Affects:. The route thereof affects a portion of Lots 1 . 2 and 3 of Parcel i is more fully described in said document. Modification(s) of the terms and provisions of said document as therein provided. Recorded: March 22, 201 2 as Instrument No 2012-1R7448 of Official Records 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee @ California Land Title Association. All rights reserved. Page 30 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. AU other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 0920e993-920-CMM-CM8 Policy No. CA-SFXFC-IMP-81 G28-1-18-09206993 SCHEDULE B tr.nntini1Att\ . . 136. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose. Recorded: Affects· Affects Parcel 1 Leucadia Wastewater District, a governmental entity of the State of California non-exclusive sewer July 7, 2008 as Instrument No ;,ooB-0360878 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 137. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Esrafil Abedi and Shahla Abedi, as trustees of the Abedi Family Trust dated July 8, 1992 easement for landscape, drainage and maintenance November 20, 2008 as Instrument No. 2008-0601 586 of Ott1c1al Hecords The route thereof affects a portion of said land and is more fully described m said document. 138. An easement for lhe purpose shown below and right::, inc1denlal thereto as sel forth in a document. Granted To:. Purpose:. Recorded:. Affects:. City of Carlsbad drainage May 2, 2012 ::is ln:;trumcnt Ne. 201 :! 0251558 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 139 A document subject to all the terms provisions and conditions th8rein contained Entitled: Hold Harmless Agreement Drainage Recorded: April 23. 2013 as Instrument NoL2013 2.5218-5 of Official Records 140. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: April 23, 2013 as Instrument No 2013-252574 of Official Records 141 . An easement for the purpose shown below and rights incidental thereto as set fonh in a document. Granted To:. Purpose .. Recorded:. Affects:. Leucadia Wastewater District, a governmental entity and its successors and assigns perp~tual nonexclusive ea~ement and , ight-of-way to maintain underground sewer pipelines and appurll:lnances September 15, 2017 as Instrument No. ~01 7 04~3~09 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page 3~ @ California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09206993-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09206993 SCHEDULE B tr.nntln11Ati\ . , 142. An easement for the purpose shown below and nghts incidental thereto as sat forth in a document. Carlsbad Municipal Water District, a public agency public water September 28, 201 7 as lostryment No 2Q17-0446976. of Official Records Granted To:. Purpose:. Recorded. Affects:. The route thereof affects a portion of said land and is more fully described in said document 143. A lien for unsecured property ta)(es filed by the tax collector of the county shown. for the amount set forth. and any other amounts due. County: Taxpayer: Amount: Recording Date: Recording No: San Diego L C Investment 2010 Inc. $918.45 December 19, 2014 as Instrument No. 2014-0561067 ot Ott1c1aI Records 81 G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 1? The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. j1151111q,-ftlll;!DIJDINFOSa<llT. muiiin11JSU111Ra11:laJM:f1:1ii•~,,._, wiP111BSl!A'lllll'uiG'11111um.uiiiii•--_,,!O <O . ! I • • " : • . I i ! ' • • ... ii •• jWllll'W&l'l:IPIEIJtl;Jl\'ICllll'll'IIFQ!DtN.'I. llliwilri1!111!1M1t&WDM!"ll'11MTA-WWWIH1KBSllll!'iiife111t1•u,c,c.-Q11--jQ <D -- 'iJ ~ ~@ z 0 e I s I s \: § ;;! ~@) m ' . -11 ~"t">t-; I • !l! I Pl'i -f' !'!! ~ ·!I II -tm .. ..., I !(j :::: ••• •S. "l&I• L> i • F o, ~ ii f! 09 \ u ii JI' j., • ii-': ti II • IE ; • i i • l~ II frt ~ i~ I i~ J! ti Ji ! \ ' . ij I 1 ·~ Ii ~ l~ 11 ! i ! 11. ! 'I I! § t a I i r j Ii ® ✓ ~ ~ SCALE: r ... 100· s~ ® @ SHT I it=1•1- t• a.t: Ille~ Rlll 1111S ti 0ISfl t-.. 0 .-:ttSI Y,Of'l!ilt~NE. "' stt 11'.C ooe n::11 llffl • CIIS1'$ MAP 14984-CARLSBAO TCT NO 03-01-01 LA COSTA RESORT&: SPA _j ., ' ll DO'C"# 201 0-01 25498 1111~1 ltil lltil IIW 11111111ml 111111111111111 MAR 15, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTV RECOROER'S OFFICE DA\11D L, BUTLER, COUNTY RECORDER ~ RECORDING REQUESTED BY: ~ CHICAGOTITI.ECOMPANV FEES, 42.00 OCc DC TAX: N.O. I WHEN RECORDED MAIL TO: ,-.. GARDERE WYNNE SEWELL LLP I'-1601 Elm Stm:t -... Dallas, Texas 7S201 ~ Attention: Clifford J. Risman ~ MAIL TAXSTATEMENTTO: ,§ OAROERE WYNNE SEWELL LLP ~• 160 I Elm Street \J' Dallas, Texas 75201 Attention: Clifford J. Risman PACES: 12 1111111161011111111 3410 Grant Deed Pursuant to § 11926 of the California Revenue and Taxation Code, Grantor declares that this transfer in lieu of foreclosure is exempt from documentary transfer tax. FOR VALUE RECEIVED, W2007 LA COSTA RESORT CO., LLC, a Delaware limited liability company formerly known as KSL La Costa Resort Co., LLC ("Cran1or"), grants to FILLMORE LC INVESTMENT, LLC, a Delaware limited liability company ("Grantee"), (A) all that certain real property situated in the County of San Diego, State of California, described on Exhibit A attached hereto (the "Land"), together with all buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located on the Land, all easements and appurtenances thereto, the land lying within the street or roadway adjoining the Land, any strips and gores adjoining the Land, all and singular the passages, waters, water rights, water courses, riparian rights, wells, well permits, water stock and other rights, remedies and privileges In any way now or hereafter appertaining to the Land, including any claim al law or in equity, as well as any after acquired title franchise or license, and any reversion or any remainder thereof and (B) the rights, interests and estates described on Exhibit B attached hereto (collectively, the "Property"). This Grant Deed is an absolute conveyance, Grantor having conveyed the Property to Grantee for a fair and adequate consideration, in addition to that above recited, being the satisfaction of all indebtedness secured by that certain Deed of Trust, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents, Hotel Revenue and Security Deposits made by Grantor (then known as KSL La Costa Resort Co., LLC), as Trustor, to Chicago Title Insurance Company, as Trustee (in such capacity, the "Trustee") for the benefit of Citigroup Global Markets Realty Corp. ("Citigroup"), dated as of February I, 2007 and recorded on February I, 2007 as Instrument No. 2007-0071831 in the Official Records of San Diego County, California, as amended by that certain First Amendment to Deed of Trust, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents, DALLAS:ZJ21283v.l Order: 09206993 Page 1 of 12 Requested By: rini.l, Printed: 6/1812018 7:22 AM Doc: S0:2010 00125498 ,..., Hotel Revenue and Security Deposits executed by Granto, and W2007 La Costa TRS Lessee LLC, • Delaware limited liability company ("~"), as Trustors, to the Trustee, dated December 31, 2007 and recorded on January 4, 2008 as Instrument No. 2008-0004027 in the Official Records of San Diego County, California and by that certain Second Amendment to Deed of Trust Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents, Hotel Revenue and Security Deposits executed by Orantor and Lessee, as Trustors, to the Trustee, dated August 29, 2008 and recorded on September 17, 2008 as Instrument No. 2008-0493733 in the Official Records of San Diego County, California, and as the some has been assigned to Grantee pursuant to that certain Assignment of Deed of Trust, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents, Hotel Revenue and Security Deposits and Assignment of Leases, Rents, Hotel Revenue and Security Deposits executed by Citigroup to Grantee daled as ofNovember 16, 2009 and recorded on November 17, 2009, as lnslrument No. 2009-0638623 in the Official Records of San Diego County, California (said Deed of Trust, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents, Hotel Revenue and Security Deposits, as amended and as assigned to Grantee is referred to herein as the "Deed of Trust"). Grantor declares that this conveyance is freely and fairly made, and that the consideration for this oonveyance is fair and adequate. In the event Grantee owns an easement over, or any other lesser estate in, any of the Land, such easement or other lesser interest shat I not be deemed to have merged with the fee interest in the Land, or to merge with the fee interest in the Land upon the execution, delivery and recordation of this Grant Deed, but shall be and remain at all times separate, distinct, valid and oontinuous interests in the Land until expressly released by Grantee. !SIGNATURES ON IMMEDIATELY FOLLOWING PAGE) 3411 a-:09206993 Page 2 of 12 Requested By: rini.l, Printed: 6/1812018 7:22 AM Doc: SD:2010 00125498 / .. I', ,. ' IN WITNESS WHEIIJj()P, Grantor has caused its corporate name to be hereunto subscribed as of /HAil~ ti', 20 I 0. State of /va..,, 'fo,'1-- County of Nw Yo.'L.. GRANTOR: W2007 LA COSTA RESORT CO., LLC By: W2007 La Costa Mezz, I.LC, its managing member By: W2007 La Costa Parent, LLC, its muaging member By: W2007 La Costa Resort Parent Holdco, LLC, its managing member By: W2007 La Costa Corporation, Its managing member Roy I. Lapidus President On M.o.rco 101 ?-010 before me, 6nn tlCLlf\?(-C Nora,y personallyappearcd_&,bllu..l!s~\ .. ,i..C•>1\lJ;?1'-"d,a.u11c;:S,._ _______________ _ Public, who proved to mo on tho basis of satisfactory ovidenco ID bo tho pcraon(1) whoso namc(s) is/aro subscribed ID tho within instrument and aclcnowledged ID me that he/she/they executed tho same in hislhcr/tbcir au1horized capacny(ies). and that by hislber/their signature(a) on tho instrument tho penon(s). or tho entity upon bohalf of which tho pcraon(s) acted, executed tho instrument. I certify under PENALTY OF PERJURY under tho laws of tho State of NA/:l \jofl(.. that the foregoing paragraph is true and comet. WITNESS my hand and official seal. . ' ': ... '.'.'<::/ ~ .. ··~····· ·,.·:t..-'\.. ,,, __ _ ·' · ·.·S,81_\ature,·, · • . · •) 1:1: •.• -l!--',~;--'-','-_-_ --w-------- ' · , , :· C· 1 · •. , · • ERiN 1-IAA?ER :1 ••; : · '" ,· • .~ Pubff Slate of New York :1. : .. \ ,-., t ·i' i . No. ofi.W115t6~7 · ', •, · \ ': . l · , Qualilled in New York County \ ! :·,,, , · Con,m1uion bpi,u Dec, 4, 20111 ',1,'• ,j• •••·•· .•••• •· -~•. , ·-~· ........ . (Seal) 3412 Order: 09206993 Page 3 of 12 Requested By: rini.l, Printed: 6118/2018 7:22 AM Doc: SD:2010 00125498 EXHIBIT A Legal Description The land referred to herein is situated in the State of California, Cotmty of San Diego, described as follows: PARCEL I: PARCEL A OF PARCEL I: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008-0252174 OF OFFICIAL RECORDS, BEING A PORTION OF LOT I OF CARLSBAD TRACT NO. 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINTON THE EASTERLY LINEOF LOT 55 OFLA COSTA VALLEY UNITNO. I, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 29, 1964, DISTANT THEREON NORTH 8°52'40" EAST (RECORD NORTH 8°54'07" EAST PER SAID MAP NO. 5434) 39.33 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINES OF SAID LOT 55 AND LOT S6 OF SAID MAP NO. 5434 SOUTH 8°52'40" WEST (RECORD SOUTH 8°54'07'' WEST PER SAID MAP NO. 5434) 160.93 FEET TO THE NORTHEAST CORNER OF LOT 57 OF SAID MAP NO. 5434; THENCE ALONG THE EASTERLY LINE OF SAID LOT 57 SOUTH 20°29'23" WEST (RECORD SOUTH 20°30'50" WEST PER SAID MAP NO. 5434) 186.99 FEET; THENCE SOUTH 77°29'05" EAST 66.04 FEET (RECORD SOUTH 77°23'07" EAST 65.76 FEET PER SAID MAP NO. 5434); THENCE NORTH 70°40'31" EAST 7.1 I FEET (RECORD NORTH 68°55'29" EAST 7.21 FEET PER SAID MAP NO. 5434); THENCE LEAVING SAID BOUNDARY NORTH 20°02' 19" EAST 39.48 FEET; THENCE NORTH 24°53'35" EAST 137.79 FEET TO A POINT THAT BEARS SOUTH 72°02'15" EAST 81.21 FEET FROM SAID NORTHEAST CORNER OF LOT S7; THENCE NORTH 21°13'10" EAST 47.44 FEET; THENCE NORTH 8°54'07'' EAST 127.3S FEET; THENCE NORTH 81°05'01" WEST 90.38 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 0700028, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252179 OF OFFICIAL RECORDS. APN'S: 216-S93-05, 216-S92-01, 216-592-04 & 216-590-16 3413 Ordec 09206993 Page 4 of 12 Requested By: miJ, Prned: 611&'2018 7:22 AM Doc: SD:2010 00125498 ",,, PARCEL B OF PARCEL I: LOT 8 OF CARLSBAD TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MARCH 18, 2005, TOGETHER WITH THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-22, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO, CE 070077, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008-0252228 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 2S OF SAID MAP NO. 14984, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 8; 1rlENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 8 SOUTH 50°13'45" WEST 81.87 FEET; THENCE LEA VINO SAID NORTHWESTERLY LINE NORTH 39°33'49" WEST 78.95 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HA VINO A RADIUS OF 61.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74"33'42" A DISTANCE OF 79.38 FEET; THENCE NORTH 34°59'52" EAST 91.44 FEET TO THE BEGINNING OF A CURVE CONCA VE SOUTHEASTERLY HA VINO A RADIUS OF 198.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19"43'50" A DISTANCE OF 68.18 FEET; THENCE NORTH 54°43'42" EAST 11.58 FEET TO A POINT OF CUSP WITH A CURVE CONCA VE EASTERLY HA VINO A RADIUS OF 85.15 FEET TO WHICH A RADIAL LINE BEARS NORTH 35°16'18" WEST; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°27'00" A DISTANCE OF 140.37 FEET (RECORD 140.36 FEET PER SAID MAP NO. 14984); THENCE SOUTH 39"43'18" EAST 5.93 FEET (RECORD S.91 FEET PER . SAID MAP NO. 14984) TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85°31'27" A DISTANCE OF 37.32 FEET (RECORD 85°31'17", 37.31 FEET PER SAID MAP NO. 14984) TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 372.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°35'52" A DISTANCE OF 211.6S FEET {RECORD 32°30'11",.211.02 FEET PER SAID MAP NO. 14984) TO A POINT ON THE BOUNDARY OF LOT I OF SAID MAP NO. 14984; THENCE ON A NON-TANGENT BEARING ALONG SAID BOUNDARY SOUTH 51°57'41" WEST 114.61 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 320.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 19"42'57" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°03'18" A DISTANCE OF 112.01 FEET; THENCE SOUTH 50013'45" WEST 32.78 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL D OF LOT LINE ADJUSTMENT PLAT NO. 07-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070019, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252234 OF OFFICIAL RECORDS, APN: 216-S90°20 3414 Order: 09206993 Page5of12 Requested By: rinl.l, Pmled: 6/18'2018 7:22 AM Doc: SO:2010 00125498 PARCELCOF PARCEL I: LOTS 2 THROUGH 6 INCLUSIVE, LOTS, 17, 18, 20, 21 AND 28, OF TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 14984, ON MARCH 18, 200S; AND LOT 37 OF TRACT 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, AS MAP NO. 1S108, ON SEPTEMBER 19, 200S. ASSESSOR PARCEL NUMBERS: 2l6-S90-01, 216-590-02, 216-S90-03, 216-590-04, 216-590-05, 216- 590-08, 216-590-09, 216-S90-11, 216-590-12, 216-610-09, 213-111-1S, 213-111-20, 213-112-31 & 213- 112-32 PARCEL 2: INTENTIONALLY DELETED: PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. S781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 148; THENCE ALONG THE EASTERLY BOUNDARY LINE SOUTH 00"45'02" WEST 117.00 FEET; THENCE SOUTH 23°31'24" EAST 128.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE NORTH 61°43'48" WEST 179.00 FEET; THENCE NORTH S3°33'40" WEST 32.70 FEET; THENCE LEA VINO SAID BOUNDARY LINE SOUTH 73°38'58" EAST 66.82 FEET; THENCE NORTH 82°13'17" EAST 14,61 FEET; THENCE NORTH 77°45'5S" EAST 9.85 FEET; THENCE NORTH 42°28'37" EAST 9.77 FEET; THENCE NORTH 01°10'59" EAST 1S.06 FEET; THENCE NORTH 18°00'34" WEST 97.43 FEET; THENCE DUE NORTI-1 28.84 FEET TO A POINT ON A NON-TANGENT 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A RADIAL LINE TO SAID POINT BEARS NORTH 01°49'36" EAST; THENCE ALONG SAID NORTHERLY BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00•12•41• A DISTANCE OF 18.12 FEET TO A POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02"02'17" EAST; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'43" A DISTANCE OF 34.70 FEET TO THE POINT OF BEOINNING. 3415 Order: 08206993 Page 6 of 12 Requested By: rini.l, Printed: 6/18/2018 7:22 AM Doc: SD:201 O 00125498 PARCEL 4: r"' ' .... A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION JS, TOWNSHIP IS SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 1381SS OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89°25'44" WEST (SOUTH 89"50' WEST PER DEED) 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 5S000'00" EAST 92.30 FEET TO A POINT ON THE EAST BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE SOUTH 00°34'16" WEST (SOUTH 00°09' IO" EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING. PARCELS: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF PARCEL I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MAY 4, 1987 AS DOCUMENT NO. 87-242042 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE OF SAID PARCEL I WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 00°34'16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL I; THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89°53'59" WEST 8S.OO FEET; THENCE SOUTH 00"06'0 I" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE, ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 4S8.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 36°S9'S2" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°56'44" A DISTANCE OF I 19.47 FEET TO THE POINT OF BEGINNING. 3416 Order: 09206993 Page 7 of 12 Requested By: rini.l, Printed: 6/1812018 7:22 AM Doc: SD:2010 00125498 PARCEL 6: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLL,OWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 40°08'00" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02"05'43" A DISTANCE OF 34. 70 FEET TO A POINT OF COMPOUND CURVATURE OF A 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02°02'17" EAST; THENCE WESTERLY ALONG THE ARC OF SAID 4,910.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 00°04'33", A DISTANCE OF 6.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 02°59'38" WEST 102.85 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 FOOT RADIUS CURVE CONCA VE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01°11'04" WEST, SAID POINT BEING THE POINT OF TERMINATION. THE EASTERLY SIDELINE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 949.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. THE WESTERLY SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 4,910.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. PARCEL 7: PARCEL A, AS SHOWN ON EXHIBIT "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 2005, AS INSTRUMENT NO. 2005-0818754, OF OFFICIAL RECORDS. ASSESSOR PARCEL NUMBER: 216-591-21 3417 Order. 09206993 Page 8 of 12 Re(Jlested By: rini.l, Pm.eel: 6/1&/2018 7:22 AM Doc; SD:2010 00125498 - PARCELS: PARCEL C, AS SHOWN ON EXHIBIT "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 200S-818756, OF OFFICIAL RECORDS. ASSESSOR PARCEL NUMBER: 216-591 • I 5 PARCEL I IA: (STREET LOTS) LOTS 22, 23 AND 24 OF CARLSBAD TRACT NO. 03-01-01, IN THE CITY OF CARLSBAD, FILED AS MAP NO. 14984, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. ASSESSOR PARCEL NUMBERS: 216-591-08, 216-S91-09, 216-590-13 AND 216-S90-14 PARCEL 14: ALL OF COSTA DEL MAR ROAD, AS SHOWN AND DELINEATED ON THE MAP OF LA COSTA CONDOMINIUM NO. 3 ACCORDING TO THE MAP THEREOF NO. 6129, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1968 AND ALSO BEING SHOWN AND DELINEATED ON MAP OF LA COSTA CONDOMINIUM NO. 4, ACCORDING TO MAP THEREOF NO. 6520 FILED IN THE OFFICE OF THE COUNTY RECORDER, OCTOBER 21, 1969. 3418 Order: 09206993 Page 9 of 12 Requested By: rini.l, Prirted: 6/18/2018 7:22 AM Doc: SD:2010 00125498 EXHIBITB I. PARCEL 12A: PARCEL I: AN UNDIVIDED 20/38 INTEREST, AS SHOWN ON THE CONDOMINIUM PLAN RECORDED APRIL J, 2006 AS INSTRUMENT NO. 2006-022S29S, OF OFFICIAL RECORDS AFFECTING LOTS 29 AND JO OF CARLSBAD TRACT NO. 0J-01-02 IN 1llE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED AS MAP NO.~ OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY ("CONDOMINIUM PLAN"), PARCEL 2: UNITS CU I THROUGH CU20, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN DESCRIBED ABOVE. PARCEL J: NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY FOR THE USE OF THE ASSOCIATION PROPERTY PURSUANT TO THE TERMS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LA COSTA RESORT VILLAS II, RECORDED JULY 2~. 2006 AS INSTRUMENT NO. 2006-0521704, OF OFFICIAL RECORDS ("DECLARATION"), SUBJECT TO ANY EXCLUSIVE USE EASEMENTS, AS WELL AS ANY OTHER RESERVATIONS, AS SET FORTH IN THE ABOVE-REFERENCED DECLARATION. PARCEL 4: A NON-EXCLUSIVE EASEMENT IN COMMON WITH OTHER MEMBERS OF THE ASSOCIATION FOR INGRESS, EGRESS, USE AND ENJOYMENT OF, IN, ANO TO THE COMMON PROPERTY EXCEPT FOR THE EXCLUSIVE COMMON AREAS, THE EXCLUSIVE PARKING AREA AND THE EXCLUSIVE USE AREA, ALL AS SET FORTH IN THE ABOVE REFERENCED DECLARATION. SUCH EASEMENTS ARE APPURTENANT TO AND PASSES WITH TITLE TO EVERY CONDOMINIUM IN THE PROJECT. PARCELS: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN TIIE DOCUMENT ENTITLED "DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR TIIE LA COSTA RESORT VILLAS I,'' RECORDED JULY 25, 2006 AS INSTRUMENT NO. 2006-0521705, OF OFFICIAL RECORDS, WHERE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 3419 Order: 09206993 Page 10 of 12 Requested By: rini.l, Printed: 6118/2018 7:22 AM Doc: 50:2010 00125488 "..,, II. All rights and privileges of Grantor arising in connection with or by virtue of Grantor's membership in (i) La Costa Resort Villas HOA II, a California non-profit mutual benefit corporation ("HOA II"), including, but without limitation, the right to vote as a member of HOA II, and all rights arising under the Articles of Incorporation and Bylaws of HOA II, and any declaration affecting any portion of the Land including, without limitation, that certain Declaration of Covenants, Conditions and Restrictions for the La Costa Resort Villas II, recorded with the Recorder on July 25, 2006 as Instrument No. 2006--0521704, as amended, modified or supplemented from time to time including by that certain Pirst Amendment to Declaration of Covenants, Conditions and Restrictions for the La Costa Resort VIiias II, recorded with the Recorder on November 27, 2007, as Instrument No. 2007--0737756, and any agreements, instruments, bylaws, articles, plats and plans related to such declaration, and (ii) W2007 La Costa I, LLC's membership in La Costa Resort Villas HOA I, a California non-profit mutual benefit corporation ("HOA I''), including, without limitation, the right to vote as a member of HOA I and all rights arising under the Articles of Incorporation and Bylaws of HOA I and any declaration affecting any portion of the Real Property including, without limitation, that certain Declaration of Covenants, Conditions and Restrictions for the La Costa Resort Villas I, recorded with the Recorder on November 22, 2005 as Instrument No. 2005-1010041, and any agreements, instruments, bylaws, articles, plats and plans related to such declarations. Ill. All rights and privileges ofGrantor arising in connection with or by virtue of(a) that certain Declaration of Establishment of Easements For the La Costa Resort Villas I dated as of November 21, 2005, executed by Grantor (then known as KSL La Costa Resort Co., LLC) for the benefit of the owners of certain Residential Units defined therein and recorded with the Recorder on November 22, 2005 as Instrument No. 2005-1010040, as amended, modified or supplemented from time to time, and (b) that certain Declaration of Establishment of Easements For the La Costa Resort Villas II dated as of July 18, 2006, executed by Grantor (then known as KSL La Costa Resort Co., LLC) for the benefit of the owners of certain Residential Units defined therein and recorded with the Recorder on July 25, 2006 as Instrument No. 2006- 0521705 as amended, modified or supplemented from time to time. IV. All rights and privileges ofGrantor arising in connection with or by virtue of(a) that certain Grant of Easement and Obligation to Convey dated as of February 17, 2006, executed by La Costa Resort 75, LLC and W2007 La Costa I, LLC and recorded with the Recorder on February 21, 2006 as Instrument No. 2006--0120296 (as amended, modified or supplemented from time to time), and (b) that certain Grant of Easement and Obligation to Convey dated as of September I 5, 2006, executed by Arena) Road, LLC and W2007 La Costa I, LLC and recorded with the Recorder on September I 5, 2006 as Instrument No, 2006--0659221 (as amended, modified or supplemented from time to time). V. All rights and privileges of Grantor arising in connection with or by virtue of that certain Declaration of Development Covenants, Conditions and Restrictions recorded February 21, 2006 as Instrument No. 2006-0120298 of Official Records, as amended by that certain First Amendment Declaration of Development Covenants, Conditions 3420 Order 09206993 Page11 of12 Requested By: rini.1, Printed: 8119/2018 7:22 AM Doc: SD:2010 001~98 - and Restrictions recorded September I 5, 2006 as Instrument No. 2006-0659236 of Official Records. VI. A II rights and privileges of Grantor arising in connection with or by virtue of that certain Declaration of Development Covenants, Conditions and Restrictions recorded September 15, 2006 as Instrument No. 2006-0659223 of Official Records. 3421 Order: 09206993 Page 12 of 12 Requested By: rinU, Printed: 611812018 7:22 AM Doc: SO:2010 00125498 Order: 09206993 RECORDING REQUESTED BY CHICAGO TITLE COMPANY When Recorded Mail To: Gardere, Wynne, Sewell LLP 1601 Elm Street Dallas, TX 75201 Attn: Clifford J. Risman f~ 3f .. , .....,I DOC tt 201 0-022511 7 1111111111111111!111111 llm IUI 111111111111111 Ill lfll Ill llll MAY05,2010 8:00 AM OFACIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFACE DAVID L BUTLER.COUNTY RECORDER FEES: 15.00 PAGES: 3 11111■111111111111 930016177-US0 (space above for recorder's use only) •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• CERTIFICATE OF CONVERSION TO CORPORATION 4560 Page 1 of3 Requested By. m.l. Pmed: 6118/2018 3:09 PM Doc: s0:2010 00225117 • -\,. . ~-•·' 'lJefaware PAGB l 'Ifie 11.rst State I, .:TBFFllBr ,, . BULLOCK, SECRBTARr OF STATE OF TBll STATll OF DELAIIARB DO BEREBr CERTIFr 2'BA1' 2'Blf AffACBB'D IS A mm: Alff) COEUIECT COPr 01' 2'111: Clffl2'Il'ICA!l'E OF CONV1lll.J$ION 01' A 01:I.AlfAR&' LIMITED LIABILiff COHPANr UNDBR 2'BB NAHE OF "FILLIIDRB LC INVES'rNEN'J', LLC" TO A DBLAJlfAIUI' CORPORATION, CHANGING ITS NAME F1IOH "FILLHOJlE LC INVES'l'HBN'J.', LLC" 2'0 "LC INVES'l'HEN'J' ZOlO, INC.", FILED IN THIS OFFICE ON THB NINBTEEN'l'B DAr OF APRIL, A.D. 20l0, AT 8:41 O'CLOCK A.M. A FILBD COl'Y" OF THIS CERTIFICATE BAS BEEN FORWARDED 2'0 THE NBW CASTLE COUN!l'r RECORD.BR OF DEBDS . 4746939 SlOOV 100395250 • Jeffley W. IMIIDO..~olState C:::::: ION: 7937729 l:lll2'B: 04-l9-l0 ..... -p ""'tp .,.,. _.. ....... -•t co.rp.•Ji•n.lJOV'/•uthn.r.Atal 4561 Order: 09206993 Page 2 of3 R-ed By: rint( PrWed: 6118/2018 3:09 PM Doc: SD:2010 00225117 Order: 09206993 Doc: SD:2010 00225117 " ✓ CERTIFICATE OF CONVERSION TO CORPORATION 011' IIILLMORE LC INVESTMENT, LLC. TO LC lNVESTMl!:NT 2010, INC. Thio Ccrtiticate ofCcnmnion toCotpomi1111, dad asof April 16, 20l0ia beina duly executed end llled b)' Fillmoro LC Inv-,,t, LLC, a~ limited liabiJiv llOJDllODY . (Illa "UC'), to coovat lho U.C to LC ID-2010, lac., a DelaMro co,pc1ati.m (U., "Cotpondign"), under the Doi......, Limited Uobllll)' Coq,eay Ad (6 DoLC. § ta-IOI, et ,cq.) and the General Corporalion Law of lhc Smte of Dc1-c (8 DcLC. § 1_01, et ,eq.). I. Tho LLC was lust Jbnm,d on October 28, 2009. Tho LLC .,.. lint fomted under tho laws of tho s-of Del....., end was • limited liability compm,y under 1he law, of u,,, Slalr> of Odawore immedlllloly prlOI' to tho tlliog of lhla CcrlificalD ofCoavmlw to Co,pon,tion. 2. TIie LI.C's name immediolely prior to 11,e filing of lhia CertiflCllle of Coavemon to Co,pon,rlon was l'iUmote LC investment, LLC. 3. Tbc name of the Corporation as set lbrtb. In l11 catllicate of incorponlion filed in ,u;coJdancc with Sec11oo 265(b) of !ho Oeneral Corpon.don ~ of d,e S-of Dcfaworo Is LC lnnslmmlt2010, Inc. IN WITNESS Wlll!Rl!Ol', lho lllldcmpcd bas -,,toil this Cei1ifieale of Convfflion to Corponllion as of tho dale first wri-above. FILLMORl! LC INVI!S'JMl!NT, LLC 4562 llt-al»,d-_....,,tdst-ace llf.v.laic,a or Cozl>Qratiana ""11,--, 0/1::U 11H 04/111/:zol0 nutD 08:41 JIii 04/19/2010 Sl!IV lOOJl!Jt,O -41411931 nrB Page 3 of3 Requested By. rini.~ Printed: 8118/2018 3:09 PM I i !· ! I • < I) I Order' 09206993 Doc. SD:1973 00021341 ,,.. I '-. After recording return to: Leucadia County Water District 1959 El Camino Real Leucadia, California 92024 1329 GRANT OF EASEMENT c·~i: .:.: .... : . " .,1\'.L, ,,. Sl.!l Q;EGO :w1:HY,C,';ur. li!R~H F,SLOJH 'l~CCitt.OCr. LA COSTA LAND COMPANY, an Illinois corPoration, hereby grant (s) to LEUCADIA COUNTY WATER DISTRICT, a political subdivision situated in San Diego County, cautornia, an casement for the construction, operation, maintenance, repair and replacement of a sewer Pipeline or pipelines, manholes, laterals, and appurtenances, NO FEI: and the right of ingress and egress for such purposes (together with the right to clear and keep cleur said easement from trees, buildlng-s and other structures), in, over, under, and across the hereinafter described lands. Said easement is situated in the County of San Diego, State of California, and is more particularly described as follows: ALL THOSE PORTlONS OF LOT 9 ANC LOT lO OF LA COSTA GREENS, MAP NC. 6700 ON F!Lo IN THE OFFICE OF COUNTY RECORDE~ OF SAN DIEGO COUNTY ANO ALL THOSE PORTIONS OF SECTION 35 ANO SECTION 36, TOWNSHIP lZ SOUTH, RAN~E 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSSAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PART!CULAALY DESCRleED AS FOLLOWS• ?ARCEL. 11 A STR!? OF LAND Z0.00 FEET IN WIDTH LYING 10,00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE• 5:!G!NNtNG AT A POINT IN THE EAST LINE OF THAT CERTAIN PARCEL OF LANO CONVF.YED TO LEUCADIA COUNTY WATER DISTRICT BY DEED RECORDED AUGUST ll, 1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS OF SA:D COUNTY, SAID POINT BEARS SOUTH 0°33'46" WEST, 7,50 FEET FROM THE NORTHEAST CORN~R OF SAID PARCELi THENCE SOUTH 89°261 14" EAST• 100.82 FEET, THENCE NORTH 68°20'15" EAST. 316.06 FEET I THENCE NORTH 72 °07 1 32 11 EAST t 355 • 27 FEEi I THENCE NORTH 7D•39'll" EAST, 350.69 FEET TO AN INTERSECTION WITH THE WEST L!,E OF LOT 10 OF SA!D LA COSTA GREENS, SAID POINT BEARS SOUTH 12•12•00° WEST, Sl,40 FEET FROM THE NORTHWEST CORNER OF SAID ~07 l01 THENCE CONTINUING NORTH 78°39'11• EAST, 118.26 FEETI THENCE SOUTH 83°50'20" EAST, 39,50 FEET TO AN INTERSECTION •lTrl THE NORTHERLY LINE OF LOT 9 OF SAID LA COSTA GREENS, SAID ?DINT BEARS NORTH 77°48'00" WEST, S2.30 FEET FROM THE NORTHEAST COR~ER OF SA!D LOT 9J THEN~E CONTINUING SOUTH 83°50'20" EAST• 142.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"I iHENCE SOUTH 67°30 1 5311 EAST, 312.04 FEET TO A POINT HEREINAFTER . REFERRED TO AS POINT "B"I THENCE CONTINUING SOUTH 87°30'5~" EAST, 50.18 FEET1 THENCE NORTH 66•03'21" EAST, 592,14 FEET, THENCE NORTH 76• 16' 50" EAST, S00• 15 FEET1 THENCE NORTH 59~23 '45" EASTt 240.31 FEETJ THENCE NORTH 64°24'00" EAST, Sl9.60 FEET TO A ?OINT THAT BEARS NORTH 57•5s•oa" EAST, U6.54 FEET FROM 7HE MOST NORTHERLY CORNER OF LOT 48, LA COSTA SOUTH UNIT NO, l, MAP NO, 6ll7, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY! THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 6Z0 ZS'l211 EAST, 598.89 FEET1 THENCE NORTH 86°52 106" EAST, 1225.36 FEET1 THENCE SOUTH 51•15'45" EAST, 90,93 FEET! THENCE SOUTH 9°23 146ff EAST. 1st.as FEET1 THENCE SOUTH 17°20123" EAST, ~09.SO ;EaT TO A POINT THAT BEARS SOUTH 6l0 zo•03" EAST, 171.55 FEET FROM THE MOST NORTHER~Y CORNER OF LOT NO. 366, ~A COSTA SOUTH U~lT NO, s, MAP NO• 6600, Fl~ED IN THE OFFICE OF THE COUNTY -I - Page-1 af4 I I I i ..,. __ I Order 09206993 , .• · •, '-'cl•,,,'¥''·•.-,~--,. ,.... . ._ \. 13.10 RECORDER OF SAID COUNTY, THENCE CONTINUING ALONG SAID CENTER l.!NE SOUTH 63°39'42" EAST, 290,23 FEET TO A POINT HEREINAFTER REFaRRED TO AS POINT "C"I THENCE CONTINUING ALONG SAID CENTER L::xE: SOUTH 70°13'13" EAST, 294.64 FEET1 THENCE NORTH 58°11 1 ~411 f'.ASi, 261.16 FEETi THENCE NORTH 63°43 126" EAST, 177.42 FEET• THENCE NORTH 12°46103" EAST, 340,33 FEET1 THENCE NORTH 15°16'14" EAS7, 10,00 FEET TO THE TERMINATION OF THE HEREIN DESCRl5ED CE~TER LINE1 SAID POINT OF TERMINATION BEARS NORTH 9°36 135" EAST, 423,92 FEET FROM THE MOST NORTHERLY CORNER OF LOT NO, 302, LA COSTA SOUTH UNIT NO, 5, MAP NO, 6600 F!LE0 IN THE OFFICE OF THE COuNTY RECORDER OF SAID COUNTY, THE SIOE LINES OF SAID 20,00 FOOT STRIP OF LANO TO BEGIN IN THE EAST LINE ANO THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAlD LEUCADIA COUNTY ~ATER DISTRICT LANO, EXCE?TING FROM THE ABOVE DESCRIBED 20,00 FOOT STRIP OF LANO ANY PORTION THEREOF LYING WITHIN LOT NO, & OF SAIO LA COSTA ~REE.NS. PARCEL. 2• A STRI? O,' LAND l0,00 FEET IN WIDTH LYING S•OO FEET EACH SIDE OF ·:riE FOcLOWlNG OESCRIBED CENTl::R LINE, uE~;NN,NG AT POINT "A" DESCRIBED IN PARCEL l A80VE1 THENCE SOUTH 7•l3•ss• WEST, lS,06 FEET TO AN INTERSECHON WITH THE /\O~THERLY LINE OF LA COSTA GREE,~S, MAP NO, 6708 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT OF l~TERSECTlON BEARS SOUTH 77°4&100" EAST, 290,78 FEET FROM THE /\ORTHWEST CORNER OF SAID LA COSTA GREENS, THE SIDE LINES OF SA,D l0,00 FOOT STRIP OF LANO TO BEG,N IN THE SOUTHERLY ClNE OF PARCEL l DESCRIBED ABOVE AND TERMINATE !,~ THE NORTHERLY '-l,,E OF SAID LA COSTA GREENS, ?AriCEL 3• A STRIP OF LAND 10,00 FEET IN WIDTH LYING 5,00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LI\E1 SE~:.,,s;NG AT POINT "B" DESCRIBED lN ,'ARCEL l ABOVE! THENCE SOUTH 4°50'07• WEST, TO AN INTERSECTION WITH THE NORTHERLY '-:~E OF LOT 4 OF THE AFOREMENTIONED LA COSTA GREENS, ,He SlDE LINES OF SAID 10,00 FOOT STRIP OF LAND TO BEGIN IN THE SOUTHERLY LINE OF THE 20,00 FOOT STRIP OF LAND DESCRIBED lN ?ARCEL l ABOVE AND TERMINATE IN THE NORTHERLY LINE OF PARCEL l, lN DEED TO LEUCADIA COUNTY WATER DISTRICT, THE NORTHERLY Ll,\E OF PARCEL 1 IN DEED TO LEUCADIA COUNTY WATER DISTRICT ;s THE NORTHERLY LINE OF ~A COSTA GREENS, MAP NO, 6708, ?ARCEt... '+• A STRIP OF LAND 10,00 FEET IN WIDTH LYING 5,00 FEET EACH SIDE OF THE FOLLOWlNG DESCRIBED CENiER LINE• SEG!NNlNG AT POINT "C" DESCRIBED IN PARCEL l A80VE1 THENCE SOUTH 2033130• EAST, 98.03 FEET TO AN ANGLE POINT IN THE CENTER '-!NE OF THAT CERTAIN 10,00 FOOT SEWER EASEMENT GRANTED TO LEUCADIA COUNTY WATER DISTRICT BY OEEO RECORDED JULY 13, 1970, AS DOCUMENi- NO, 121408 OFFICIAL RECORDS OF SAID COUNTY, THE S,CE LINES OF SA!O 10,00 FOOT STRIP OF LAND TO BEGIN IN THE SOUTHERLY LINE OF PARCEL l OESCR!BE0 ABOVE AND TERMINATE IN THE NORTHERLY LINE OF THE SAID LEUCADIA COUNTY WATER DISTRICT SEC/ER EASEMENT• -2 - _J .. -. . .. -. Page2of4 Requested By rml I, Primed· 6/18/2018 1-55 PM Doc. so 1!;173 00021341 • ; l ! i L Order· 09206991 Doc· SD.197300021341 -13.11 _, Grantor and its successors in interest shall not erect or construct. or' permit to be erected or constructed1 any building or other structure, plant any tree or trees, or drill any well or wells, within the limits of said easement. Grantor and its successors in interest shall not increase or decrease, or permit to ba increased or decreased, the existing QTound elevations of said easement without·the previous written consent of the Grantee. Grantor agrees that no other easement shall he granted, in, over, under or across the above described property and easement by the Grantor or its successors in interest without the previous written consent of the Grantee. DATED: _ _,J""a"'n"'u"'ar::.y'-'2:,:2.,,._.1"'9.,_7::.3_ STATE OF California COUNTY OF San Diego ) ) ) IA COSTA LAND COMPANY (an Illinois corporation) B7,<%~?--~~ Assistant Secretary ss. on January 22, 1973 , before me, the undersigned, a Notary Public in and for said State I personally appeared Burton .1,.;. Kramer , known to me to be the Vice-President, and Elaine Thomas , known to me to be ..,------~•o.•e.11ui Slltaan..,.t_,Seoretary of the corporation that executed the within Instrument. known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal, OFFICIAL. SEAL ~ SONORA K, MUTER I ~:,. NOlAA"I' PIJ8UC CALIFORNIA ~' ~INCfPAt OrFIC! IN . SM bltOO C.:OUN'IY My CommiSlion Ui>ifes DtcQ:mbef 19, 1976 , L::1,1 ce~ .. Sondra K. Muter Name (Typed or Printed) -3 - Page 3 of<1 r __J i.-' • Omer:09206993 Doc: S0:1973 00021341 ) 1332 THIS IS TO CERTIFY that the lnte'rest In real property conveyed by the deed or grant date.d January 22 1 1973 from I.a Costa land Company {an Illinois corporation} to Leucadia County Water District, a political corporaUon and/or oovemmental agencyi is hereby accepted by the undersigned officer on behalf of the Board of Directors pursuant to authority conferred by resolution of the Board of Directors adopted on December 14, 1972, and the grantee consents to recordation thereof by Its duly authorized officer. Dated: January 23, 1973 LEUCADIA COUNTY WATER DISTRICT 8yc;;::2~L7' Secretary Pag&-4of ◄ _J